602                                       LAWS OF MARYLAND                            [Ch. 4

derived from Article 66C, sections 203 and
245 of the Code. Both sections duplicate
each other.

4-502. FISH LADDERS FOR DAMS ON WATERS OF STATE.

(A)   CONSTRUCTION AND MAINTENANCE REQUIRED. -
EVERY OWNER OF A DAM ON WATERS OF THE STATE SHALL
CONSTRUCT ON THE DAM AND KEEP REPAIRED AT LEAST ONE
FISH LADDER IF THE DEPARTMENT DEEMS IT NECESSARY FOR
ASCENDING AND DESCENDING OF FISH. EVERY FISH LADDER
SHALL BE CONSTRUCTED TO ALLOW ANADROMOUS FISH FREE
COURSE UP AND DOWN THE WATERS AT ALL TIMES.

(B)    APPLICATION. - ANY PERSON INTENDING TO
CONSTRUCT A DAM ON WATERS OF THE STATE SHALL FILE AN
APPLICATION WITH THE DEPARTMENT. EACH APPLICATION
SHALL CONTAIN SUFFICIENT INFORMATION TO ENABLE THE
DEPARTMENT TO DETERMINE THE NECESSITY FOR CONSTRUCTING
A FISH LADDER. THE DEPARTMENT SHALL ADVISE THE
APPLICANT OF ITS DETERMINATION.

(C)      APPROVAL OF CONSTRUCTION PLANS. - THE
DEPARTMENT AND ANY OTHER UNIT HAVING JURISDICTION
SHALL APPROVE THE CONSTRUCTION PLAN BEFORE THE DAM IS
CONSTRUCTED.

(D)   PAYMENT OF MONEY INSTEAD OF CONSTRUCTING
FISH LADDER. - IF THE OWNER, OPERATOR, OR LESSEE OF A
DAM ENTERED INTO AN AGREEMENT PRIOR TO JULY 1, 1955,
TO PAY THE STATE AN ANNUAL PERIODIC SUM OF MONEY
INSTEAD OF BEING REQUIRED TO ERECT A FISH LADDER OR
INSTEAD OF BEING REQUIRED TO CONSTRUCT AND MAINTAIN
ANY FISH WAY OR FISH LADDER PURSUANT TO THE PROVISIONS
CONTAINED IN ANY CHARTER PREVIOUSLY GRANTED TO ANY
CORPORATION BY ANY SPECIAL OR GENERAL STATE LAW, THE
PROVISIONS OF THE CHARTER OR AGREEMENT REMAIN IN
EFFECT. THE AMOUNT OF MONEY PAID TO THE STATE DURING
EACH YEAR MAY NOT BE LESS THAN FOUR AND ONE-HALF
PERCENT OF THE ESTIMATED COST TO ERECT THE FISH
LADDER, BUT NOT TO EXCEED $4,000 ANNUALLY. ANY MONEY
PAID TO THE DEPARTMENT SHALL BE USED TO MANAGE, REAR,
AND DISTRIBUTE THE FISH ACTUALLY PLACED IN THE WATER
AND TO ACQUIRE ANY NECESSARY FACILITY FOR THESE
PURPOSES. ONE-HALF OF THE FUNDS RECEIVED ON BEHALF OF
THE CONOWINGO DAM ACROSS THE SUSQUEHANNA RIVER SHALL
BE CREDITED TO THE STATE [[GAME PROTECTION]] FISHERIES
MANAGEMENT AND PROTECTION FUND.

(E)   EXCEPTIONS TO THIS SECTION. - THE PROVISIONS
OF THIS SECTION DO NOT CHANGE ANY TERM, CONDITION, OR