§ 3508 — Erection of bar racks to prevent entry of fish

(a) General rule.--Any person owning, leasing or maintaining a raceway, flume or inlet pipe leading to a water wheel, turbine pump or canal shall immediately upon receipt of a written order from the commission place and maintain a bar rack of not less than one-half inch nor more than one and one-half inch space between the bars in or near that raceway, flume or inlet pipe sufficient to prevent fish from entering it.

(b) Erection of bar racks by commission.--If one month after notice of violation of this section the person owning, leasing or operating such raceway, flume or inlet pipe has not placed a bar rack as directed, the commission may enter upon the raceway, flume or inlet pipe and place a bar rack of not less than one-half inch nor more than one and one-half inch space between the bars. The cost shall be charged against the owner, lessor or operator and may be recovered by civil suit or process in the name of the Commonwealth.

(c) Civil penalty.--Any person failing to comply with subsection (a) within one calendar month shall forfeit and pay a civil penalty of $100 for every day of violation.