Waters, except closed waters, stocked by the Commissioner, thereafter shall be treated as public waters, but he or she may prohibit fishing therein for a period of not exceeding five years and notice thereof shall be given in the manner provided in section 4139 of this title. A person who might otherwise make the same a private preserve or propagation farm may do so at the expiration of five years from the date of filing with the Commissioner a written notice of such intent. Such notice shall contain a description of the waters, or part thereof, intended to be made a private preserve or propagation farm and shall be kept on file by the Commissioner. (Added 1961, No. 119, § 1, eff. May 9, 1961.)