29.1-101.9 - Requirement for fishways.
§ 29.1-101.9. Requirement for fishways.
Notwithstanding any provision of § 29.1-532, including the existence or lackthereof of an exemption pursuant to § 29.1-532, the owner of every dam orother artificial impediment to the migration of anadromous fish in anytributary of the Chesapeake Bay, including that portion of the James Riverdownstream from the City of Lynchburg, shall be responsible to provideappropriate fishways for anadromous fish as soon as reasonably possible afterbeing offered financing from the Fund for the estimated construction cost ofthe fishways as provided in this article. Any owner of such a dam or otherartificial impediment who fails to provide or to maintain fishways providingsubstantially free passage for anadromous fish may be compelled to providesuch fishways by injunction in an action initiated by the Department in anappropriate circuit court. Nothing in this section shall relieve the ownerof any dam or other object in a watercourse, which obstructs navigation orthe passage of anadromous and other migratory fish, of any obligations orresponsibilities under § 29.1-532.
(1989, c. 5, § 10.1-1221; 1992, cc. 464, 887.)