| | | construction, alteration, repair or maintenance of a fishway | | and habitat anywhere in the watershed above the dam or | | obstruction is sufficient and suitable to support a | | substantial commercial or recreational fishery for one or | | more species of anadromous or migratory fish; or |
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| | | B.__The construction, alteration, repair or maintenance of a | | fishway is necessary to protect or enhance rare, threatened | | or endangered fish species. |
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| | | In the event that the commissioner decides that no fishway should | | be constructed, the commissioner shall specify in that decision a | | period subsequent to that decision during which no fishway may be | | required to be constructed. That period may not exceed 5 years. |
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| | | 7.__Compliance.__The owner, lessee or other person in control | | of a dam or other artificial obstruction is jointly and severally | | liable for the costs of fishway design, construction, repair, | | alteration or maintenance, and for full compliance with a | | decision issued pursuant to subsection 6. |
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| | | A.__If the owner, lessee or other person in control of a dam | | or other artificial obstruction refuses to comply or does | | not fully comply with the commissioner's decision issued | | pursuant to subsection 6, the commissioner shall initiate a | | civil action to enjoin the owner, lessee or person in | | control of the dam to comply fully with the commissioner's | | order or to restrain the violation of an order. In the | | proceeding, the court may not review the legality of the | | commissioner's order, except when the owner, lessee or | | person in control of the dam or artificial obstruction has | | brought a timely petition for judicial review pursuant to | | Title 5, chapter 375, subchapter 7. |
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| | | B.__The court may render judgment against and order the sale | | of the dam or other artificial obstruction, the land on | | which it stands and a right-of-way to the dam or artificial | | obstruction, in order to secure the costs of fishway | | construction, repair, alteration or maintenance, the costs | | of the court-ordered sale and the costs incurred by the | | department for fishway design.__The purchaser of the dam or | | other obstruction is subject to the commissioner's decision | | issued pursuant to subsection 6. |
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| | | 8.__Privileged entry.__The commissioner, the commissioner's | | agents or subcontractors may enter upon any private land in order | | to examine, at least annually, fishways in dams or other | | artificial obstructions and dams as provided in subsection 2. The | | commissioner shall notify the landowner, lessee or other person | | in control of the dam when the examination will take place and |
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