36-907. OPEN PASSAGE — REPLACEMENT BY DEPARTMENT — MAINTENANCE BY OWNER. When it is determined that any existing or proposed dam or obstruction requires a fishway and none has been installed therein, the director shall keep the same open until said fishway is put therein by the owner. Where a fishway has heretofore been constructed and approved by the director and has proved useless or inadequate for such purpose, the director shall have authority to construct a new fishway and to pay the expense of such construction out of the fish and game fund. However, when such fishway is then properly functioning, it shall be maintained and replaced as required at the expense of the person owning the dam or other obstruction.
History:
[36-907, added 1976, ch. 95, sec. 2, p. 351.]
Structure Idaho Code
Chapter 9 - PROTECTION OF FISH
Section 36-901 - FISHING UNLAWFUL EXCEPT BY COMMISSION RULE OR PROCLAMATION.
Section 36-902 - UNLAWFUL FISHING METHODS — DESTRUCTION OF FISH PROHIBITED — EXCEPTIONS.
Section 36-903 - CONTROL OR REMOVAL OF UNDESIRABLE FISH.
Section 36-905 - FISH RACKS OR TRAPS UNLAWFUL EXCEPT BY PERMIT.
Section 36-906 - FISHWAYS IN DAMS — SCREENS IN DIVERSIONS — REMOVAL OF UNUSED DAMS — PENALTY.
Section 36-907 - OPEN PASSAGE — REPLACEMENT BY DEPARTMENT — MAINTENANCE BY OWNER.