1200                             LAWS OF MARYLAND                        [CH. 703

CHAPTER 703
(House Bill 820)

AN ACT to repeal Section 202 of Article 66C of the Annotated Code
of Maryland (1954 Supplement), title "Natural Resources," sub-
title "Birds, Game & Inland Water Fish," sub-heading "Part 2.
Game and Fresh Water Fish," and to repeal and re-enact, with
amendments, Section 242 of said Article (1951 Edition), sub-title
"Fish and Fisheries," sub-heading "Part 1. General Provisions,"
to provide for construction and maintenance of fish ways or fish
ladders on waters of this State when found by the Board of
Natural Resources to be necessary, practicable and advisable, and
relating generally to the laws applicable to fish ladders at dams on
waters in this State.

SECTION 1. Be it enacted by the General Assembly of Maryland,
That Section 202 of Article 66C of the Annotated Code of Maryland
(1954 Supplement), title "Natural Resources", sub-title "Birds, Game
and Inland Water Fish," sub-heading "Part 2. Game and Fresh
Water Fish," be and it is hereby repealed and that Section 242 of
said Article (1951 Edition), sub-title "Fish and Fisheries," sub-
heading "Part 1. General Provisions," be and it is hereby repealed
and re-enacted, with amendments, to read as follows:

242. (Fish Ladders.) Every owner of a dam or dams upon any of
the waters of the State is hereby required to make and keep in repair,
or cause to be made and kept in repair, and placed upon said dam
or dams at least one fish ladder of such a character as to enable fish
to have a free course up and down said waters at all times. [But in
lieu of requiring the erection of such fish ladder or ladders pursuant
to the above provisions and in lieu of requiring the construction and
maintenance of fish ways or fish ladders pursuant to the provisions
contained in any charter heretofore granted to any corporation by
any special or general laws of this State, and in lieu of all and singular
the liability imposed thereby or consequent therefrom, in or upon
any dam where the same is not deemed by the Commission of Tide-
water Fisheries to be practical or advisable for the ascending or
descending of fish or to permit the passage of fish from the waters
below to the waters above any such dams, the said Commission of
Tidewater Fisheries is empowered to enter into an agreement with
the owner, lessee or operator of such dam to pay to the Commission
of Tidewater Fisheries annually, or at other stated periods a sum of
money which shall be not less than four and one-half per centum
(4 1/2%) per annum upon the estimated cost of the erection of such
fish ladder or ladders, except in such cases where the amount so
calculated would be equal to or exceed the sum of four Thousand
Dollars ($4,000) per annum, then the annual payment shall in all
such cases be four Thousand Dollars ($4,000) per annum to be
expended by the said Board for the purpose of stocking with food
fish the waters of the pool above and of the stream below said dam,

EXPLANATION: Italics indicate new matter added to existing law.
[Brackets] indicate matter stricken from existing law.
CAPITALS indicate amendments to bill.
Strike out indicates matter stricken out of bill.