211:8-a Fishways at Existing Dams or Obstructions. –
Fish passage facilities shall be constructed and maintained at existing dams or obstructions in accordance with the following procedure:
I. After the executive director of the fish and game department has made a determination that a fish passage facility is needed at an existing dam or obstruction, and upon his request, the governor, with the advice of the council, shall appoint a commission of 3 disinterested citizens of the state to review this determination.
II. Said commission shall hold public hearings to determine the need and desirability of providing fish passage facilities over the dam or obstruction, and the deliberations of the commission shall include a careful consideration of the economic values associated with the project. Upon completion of its study, the commission shall report its findings to the governor and council; the report shall include any recommendations for special conditions to be associated with the project and a recommendation for the distribution of cost between the owner and the state for construction and maintenance of the fish passage and a recommendation as to whether the owner or the fish and game department shall operate and maintain said fish passage facilities.
III. Upon receipt of said report, the governor, with the advice of the council, shall determine the share of the cost of construction and the share of the cost of maintenance to be borne by the owner and by the state. The state's share shall be a charge on the fish and game fund.
IV. The actual design and location of fish passage facilities authorized under this section shall be determined by the executive director of the fish and game department.
V. The owner of the dam or obstruction at which a fish passage facility is constructed as provided in this section or the fish and game department, as determined by the governor and council shall, consistent with the primary purpose of the dam or obstruction, operate the fish passage facility to allow for the passage of fish species present during the period of their normal migration as determined by the executive director of the fish and game department.
VI. Any party to the action or proceedings under this section may apply for a rehearing or appeal under the procedure as provided by RSA 541.