Any person who (1) explodes, causes to be exploded, or aids or abets in the explosion of any dynamite, giant powder, bomb, or other explosive in any lake, river, stream, pond, bay, bayou, or other waters in this state with the intent thereby to kill, stun, take, or possess any fish therein,
(2) places or aids or abets in placing any bomb or explosive in any waters of this state for the purpose of exploding the same with such intent, or
(3) places or aids or abets in placing lime or other poisonous or noxious substance in any of the waters of this state with such intent, shall be guilty of a felony and, upon conviction thereof, shall be punished by a fine of not less than two hundred dollars nor more than one thousand dollars and by imprisonment in a Department of Correctional Services adult correctional facility for not less than one year nor more than three years, except that this section shall not prohibit the Game and Parks Commission from using or authorizing the use by written agreement of chemicals and other substances for fish management purposes. It shall be unlawful to explode or cause to be exploded for any purpose any giant powder, dynamite, or other explosives in any lake, river, stream, pond, bay, bayou, or other waters of this state without first obtaining from the Game and Parks Commission, as hereinafter provided, an order permitting it to be done, except that this shall not apply when, to safeguard public or private property from damage by ice gorges, immediate use of explosives is necessitated. Whenever, in the course of removing any obstruction in any waters within this state or in constructing any foundation for dams, bridges, or other structures, any person shall desire to explode any giant powder, dynamite, or other explosive in any such waters, he or she shall, before doing so,
file a verified application with the commission setting forth his or her plans and objects, the time or times when he or she desires to use the explosive, and the necessity for using it. If it reasonably appears that the use of explosives in such waters is necessary to the advancement of a useful work or project, the commission shall grant leave for the use thereof, designating the place or places and period within which the explosives may be used and prescribing such precautions as will save the fish from injury. If any such person disregards such order he or she shall be deemed to have violated this section and upon conviction shall be punished accordingly.
