§12761.__Construction of new dams or other artificial obstructions

1.__Notice required. Prior to construction or prior to authorizing construction of a new dam or other obstruction in the inland waters, the owner, lessee or other person in control of the dam or other artificial obstruction shall provide written notice to the commissioner, supplying information on construction plans, proposed location and date of construction of the dam or other artificial obstruction.

2.__Initiation of fishway proceedings.__Within 30 days of receipt of the construction notice pursuant to subsection 1, the commissioner shall review the plans in order to determine whether fishway construction or alteration of proposed fishway construction plans may be required pursuant to the criteria set forth in section 12760, subsection 4.__If the commissioner determines that the construction or alteration may be necessary, the commissioner shall initiate fishway proceedings and follow the procedures prescribed in section 12760.

3.__Unlawful building of dam.__A person may not build any dam or other obstruction in any of the rivers, streams or brooks of this State without first filing written notice with the commissioner pursuant to subsection 1.__A person who violates this subsection commits a civil violation for which a forfeiture of not less than $100 nor more than $500 may be adjudged.

§12762. Fish kills; violations; fines; rules; definition

If a fish kill results from the improper operation of a fishway required pursuant to this subchapter, the department may assess an administrative fine equivalent to the value of the fish killed but not more than $10,000 for each day of that violation.

The department and the Department of Marine Resources shall jointly make rules defining "fish kill."

§12763.__Use or possession of gill net; Penobscot Nation research

1.__Prohibition.__Except as otherwise allowed under this section, a person, including any agent of the State, may not use or possess a gill net.