(1)__Personal notice must be given to the dam owner, lessee or other person in control of the dam or artificial obstruction, informing that person that a proceeding has been undertaken and informing that person of that person's right to request a hearing; and

(2)__Notice to the public, in newspapers of general circulation in the areas affected, must be given notifying the public of the initiation of the proceedings and of the public's opportunity to request a hearing.

B.__If any interested person requests a public hearing, the commissioner shall, within 30 days, either notify the petitioners in writing of the commissioner's denial, stating the reasons for the denial, or schedule a public hearing.__ The commissioner shall hold a public hearing whenever:

(1)__The commissioner is petitioned by 50 or more residents of the State; or

(2)__The owner, lessee or other person in control of the dam or artificial obstruction requests a hearing.

C.__The commissioner shall accept testimony from the owner, lessee or other person in control of the dam or artificial obstruction on alternate fishway designs to those proposed by the commissioner for that dam or artificial obstruction.

6.__Decision.__In the event that the commissioner decides that a fishway should be constructed, repaired, altered or maintained pursuant to this section, the commissioner shall issue final orders with specific plans and descriptions of the fishway construction, alteration, repair or maintenance requirements, the conditions of the use of the fishway and the time and manner required for fishway operation. The commissioner may issue a decision requiring the owners, lessees or other persons in control of the dam or obstruction to construct, repair, alter or maintain a fishway.__Such a decision must be supported by a finding based on evidence submitted to the commissioner that either of the following conditions exist:

A.__One or more species of anadromous or migratory fish can be restored in substantial numbers to the watershed by