Construction of Fish Ladders; Requiring Construction by Private Persons; Assessment of Cost Upon Refusal; Issuance of Execution

  1. Law
  2. Georgia Code
  3. Game and Fish
  4. General Provisions
  5. Construction of Fish Ladders; Requiring Construction by Private Persons; Assessment of Cost Upon Refusal; Issuance of Execution

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  1. The department is authorized to provide for the free passage of fish in the fresh-water streams of Georgia for the purpose of spawning and propagating and to erect or cause to be erected fish ladders or other passageways whereby fish may pass over any dam or other obstruction placed in the fresh-water streams of Georgia by any person.
  2. It shall be the duty of the department to give written notice to any person owning, leasing, or constructing any dam or other obstruction which restricts the free passage of fish in the fresh-water streams of this state, which notice shall require the person to provide a suitable fish ladder or passageway over the dam or obstruction. The person shall, within 60 days after the receipt of the notice, provide at his own expense a fish ladder or other suitable passageway for the purpose of allowing fish in such fresh water to pass freely over the dam or obstruction.
  3. Should any person owning, leasing, or constructing any dam or other obstruction in the fresh-water streams of this state fail and refuse to provide a fish ladder or other passageway after receiving the notice, as required in subsection (b) of this Code section, the department is authorized to build or erect a fish ladder or other passageway over the dam or obstruction; and the cost of the same shall be assessed by the department against the person owning, leasing, or constructing the dam or obstruction.
  4. The department is authorized to issue an execution in the nature of a fi. fa. against any person against whom an assessment has been made pursuant to subsection (c) of this Code section. The assessment shall be collected by any sheriff or other authorized officer of the state by means of levy and sale in the same manner as the collection of any other fi. fas.

(Ga. L. 1935, p. 380, §§ 1, 2; Ga. L. 1955, p. 483, § 19; Code 1933, § 45-106, enacted by Ga. L. 1977, p. 396, § 1.)

Cross references.

- Dam safety generally, § 12-5-370 et seq.

RESEARCH REFERENCES

Am. Jur. 2d.

- 35A Am. Jur. 2d, Fish, Game, and Wildlife Conservation, § 50.

C.J.S.

- 36A C.J.S., Fish, § 37.


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