FISHWAYS. 1055 



REGULATIONS FOR THE CONSTRUCTION OF DAMS AND FISHWAYS. 



The United States Government does not exercise any jurisdiction over 

 waters not navigable, the construction of dams and fishways in these waters 

 being regulated through the state laws. Most of the state legislatures have 

 enacted such laws and fixed certain penalties for violation of the same. For 

 navigable waters, an act of Congress approved June 21, 1906, to regulate the 

 construction of dams provides as follows : 



Section i . That when, hereafter, authority is granted by Congress to any persons 

 to construct and maintain a dam for water power or other purposes across any of the 

 navigable waters of the United States, such dam shall not be built or commenced until 

 the plans and specifications for its construction, together with such drawings of the pro- 

 posed construction and such map of the proposed location as may be required for a full 

 understanding of the subject, have been submitted to the Secretary of War and Chief 

 of Engineers for their approval. * * "■' Provided, That in approving said plans and 

 location such conditions and stipulations may be imposed as the Chief of Engineers and 

 the Secretary of War may deem necessary to protect the present and future interests of 

 the United States, which may include the condition that such persons shall construct, 

 maintain, and operate, without expense to the United States, in connection with said dam 

 and appurtenant works, a lock or locks, booms, sluices, or any other structures. * * * 



Sec 3. That the person, company, or corporation building, maintaining, or operat- 

 ing any dam and appurtenant works, under the provisions of this act, shall be liable for 

 any damage that may be inflicted thereby upon private propertv, either by overflow or 

 otherwise. The persons owning or operating any such dam shall maintain, at their own 

 expense, such lights and other signals thereon and such fishways as the Secretary of 

 Commerce and Labor shall prescribe. 



Sec 4. That all rights acquired under this act shall cease and be determined if the 

 person, company, or corporation acquiring such rights shall at any time fail to comply 

 with any of the provisions and requirements of the act, or with any of the stipulations 

 and conditions that may be prescribed as aforesaid by the Chief of Engineers and the 

 Secretary of War. 



Sec 5. That any persons who shall fail or refuse to comply with the lawful order 

 of the Secretary of War and Chief of Engineers, made in accordance with the provisions 

 of this act, shall be deemed guilty of a violation of this act, and any persons who shall be 

 guilty of a violation of this act shall be deemed guilty of a misdemeanor and on convic- 

 tion thereof shall be punished by a fine not exceeding five thousand dollars. * * * 



AUTHORITIES CONSULTED.^ 



Atkins, Charles G. On fishways. Annual Report Commissioner of Fish and Fisheries, 1872-3, 



p. 591-616. 

 GerhardT, Paul. Fischwege und Fischteiche, p. 19-73, Leipzig, i904- 

 Keller, H. Die Anlage der Fischwege. BerHn, 1885. 

 LosCHNER, Hans. Ueber die Anlage von Fischwegen. Oesterreichische Fischerei-Zeitung, No. 7, 8, 



9, 10, V. Jahrgang, Wien, 1908. 

 Lavoll^E, G. Les ^chelles h. poissons, etude du systfeme Cam^rd. Bulletin de la Society Centrale 



d'Aquiculture et de P£che, t. xiv, 1902. 

 McDonald, Marshall. A new system of fishway building. Annual Report Commissioner of Fish 



and Fisheries, 1882, p. 43-53. 

 ViOLETTE, A. Les echelles h poissons. Bulletin de la Societe Centrale d'Aquiculture et de Pfeche, t. xx, 1908. 

 Inspector of Salmon Fisheries, England and Wales. Diagrams of salmon passes. Fourteenth 



Annual Report, 1875, p. 66 to 81. 



"Since this writing a most interesting article, "La gen^se d'une ^chelle ^ poissons nouvelle," by 

 G. Denil, has appeared in the Bulletin Populaire de la Pisciculture, no. 9, 1909, p. 155-183, Paris, 1909. 



