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

B. The construction, alteration, repair or maintenance of a fishway is necessary to protect or enhance rare, threatened or endangered fish species.

In the event that the commissioner decides that no fishway should be constructed, the commissioner shall specify in that decision a period not to exceed 5 years subsequent to that decision during which no fishway may be required to be constructed. That period may not exceed 5 years.

Sec. 306. 12 MRSA §12761, sub-§3, as enacted by PL 2003, c. 414, Pt. A, §2 and affected by Pt. D, §7, is amended to read:

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.

A.__A person who violates this subsection commits a civil violation for which a fine of not less than $100 nor more than $500 may be adjudged.

B.__A person who violates this subsection after having been adjudicated as having committed 3 or more civil violations under this Part within the previous 5-year period commits a Class E crime.

Sec. 307. 12 MRSA §12762, as enacted by PL 2003, c. 414, Pt. A, §2 and affected by Pt. D, §7, is repealed and the following enacted in its place:

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