§ 106-763. Fish passage and residual stream flow.
§ 106‑763. Fishpassage and residual stream flow.
(a) Natural watercourses as designated by law or regulationshall not be blocked with a stand, dam, weir, hedge, or other water diversionstructure to supply an aquaculture facility that in any way prevents or failsto maintain the free passage of anadromous or indigenous fish.
(b) Residual flow in a natural watercourse below the point ofwater withdrawal supplying an aquaculture operation shall be sufficient toprevent destruction or serious diminution of downstream fishery habitat andshall be consistent with rules adopted by the Environmental ManagementCommission. (1993, c. 18, s.2.)