36-908. THE DEPARTMENT IS AUTHORIZED TO ESTABLISH OR MAINTAIN SCREENING DEVICES IN ARTIFICIAL WATERCOURSES. The department may install and maintain screening and bypass devices in any gravity-fed diversion taking or receiving one hundred twenty-five (125) cubic feet of water per second or less from any stream or lake in this state in which fish may exist or are placed or planted, to prevent said fish from leaving such waters. For such purposes, the department may install, maintain, repair, relocate or reinstall all such screens, gratings, or other devices and all bypasses thereto. No screen or other device shall be installed which will diminish the flow of water in such diversion. It shall be unlawful for any person to interfere with, tamper with, damage, destroy or remove any fish screening or bypass device installed pursuant to this chapter.
History:
[36-908, 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.