| | | 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: |
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| | | (1)__The commissioner is petitioned by 50 or more residents | | of the State; or |
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| | | (2)__The owner, lessee or other person in control of the | | dam or artificial obstruction requests a hearing. |
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| | | 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. |
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| | | 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: |
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| | | 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 |
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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, |
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