It is unlawful to use explosives in the waters of the state inhabited by fish, except in one of the following circumstances:

1. (a) Pursuant to a permit first obtained by the user from the department, consistent with terms and conditions set by the commission. The department’s decision to grant or deny a permit may be appealed to the commission by any person.
2. (b) In an emergency, to remove an accidental obstruction to the flow of water.