Sec. 26-113. Hearings.
Sec. 26-113. Hearings. Notice of such hearing shall be advertised in one or more
newspapers having a general circulation in each of the counties of the state or in the
locality where such waters are situated. Such notice shall specify the time, not less than
fourteen days thereafter, the agenda and the place designated by the commissioner at
which such hearing shall be held, and at which persons having an interest therein will
have an opportunity to be heard. The commissioner or his designated representative
shall conduct such hearing and cause a record thereof to be made. After such notice and
hearing the commissioner shall issue his regulations based upon standards of sound
fisheries management including the following: (a) Scientific and factual findings of
a biological nature; (b) the availability of the species involved; (c) unusual weather
conditions and special hazards; (d) the available supply of food and natural cover; (e)
the general condition of the waters; (f) the control of the species; (g) the number of
permits issued; (h) the area available; (i) the rights and privileges of sportsmen, landowners and the general public; (j) the problem of providing and perpetuating a sound program
of fisheries management and a sound recreational program consistent with the availability of the species.
(1955, S. 2519d; 1971, P.A. 872, S. 298.)
History: 1971 act replaced references to board of fisheries and game with references to environmental protection
commissioner.
See Secs. 26-116 and 26-117 re exceptions to provisions of this section and penalty for violation of provisions, respectively.