2012 Pennsylvania Consolidated Statutes
Title 30 - FISH
Chapter 35 - Dams, Bar Racks and Migration Devices
Section 3508 - Erection of bar racks to prevent entry of fish

     § 3508.  Erection of bar racks to prevent entry of fish.
        (a)  General rule.--Any person owning, leasing or maintaining
     a raceway, flume or inlet pipe leading to a water wheel, turbine
     pump or canal shall immediately upon receipt of a written order
     from the commission place and maintain a bar rack of not less
     than one-half inch nor more than one and one-half inch space
     between the bars in or near that raceway, flume or inlet pipe
     sufficient to prevent fish from entering it.
        (b)  Erection of bar racks by commission.--If one month after
     notice of violation of this section the person owning, leasing
     or operating such raceway, flume or inlet pipe has not placed a
     bar rack as directed, the commission may enter upon the raceway,
     flume or inlet pipe and place a bar rack of not less than one-
     half inch nor more than one and one-half inch space between the
     bars. The cost shall be charged against the owner, lessor or
     operator and may be recovered by civil suit or process in the
     name of the Commonwealth.
        (c)  Civil penalty.--Any person failing to comply with
     subsection (a) within one calendar month shall forfeit and pay a
     civil penalty of $100 for every day of violation.

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