Except as provided in § 20-5-5, no permit shall be granted for the erection within the public waters of the state of a fish trap any part of which is less than three thousand feet (3,000′) distant from an adjoining trap, measured parallel with the general coastline at such point as determined by the department of environmental management, or for a greater length of trap and leader than two hundred eighty (280) fathoms; provided, that the department of environmental management may grant a permit for the erection of a fish trap within a lesser distance of three thousand feet (3,000′) from an adjoining trap if the parties interested agree in writing to a lesser distance.
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