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dollars per annum. They may also employ such other assistants as the exigencies of the work may require. All persons employed by the board shall be governed by the regulations it may adopt for that purpose.
ACCOUNTS AND RECORDS. REPORT.
(30) § 7575. SEC. 3. Said board of commissioners shall cause to be kept proper books of accounts and records of their own transactions, and also of all operations and experiments in the discharge of the duties aforesaid, and shall report biennially to the governor upon their operations and the practical results and success of the same.
POWERS. FURTHER DUTIES. EXPENSES.
(31) § 7576. SEC. 4. The said board may take, or cause to be taken, any fish in any manner or at any time, for the purposes connected with the fish culture or with scientific observation. And they shall further discharge any duties required of them by law relating to the fishing interests or the enforcement of laws relating to the protection of fish and fisheries in this state. Said board may receive from the state treasurer out of the appropriations made therefor all the expenses actually disbursed by them while in the discharge of the duties required of them by law.
APPROPRIATIONS, HOW PAID.-UNEXPENDED BALANCE.
(32) § 7577. SEC. 5. Appropriations for the necessary expenses of the work of said board shall be paid to them by the state treasurer on the warrants of the auditor general, from time to time, as their vouchers for the same are exhibited and approved. The unexpended balance of any appropriation at the end of the year for which the same is made shall be carried forward to the credit of the board, provided the board certify to the auditor general and state treasurer that the same is needed for the purchase of additional grounds, making permanent improvements upon any of its property, or for apparatus or labor in extending the work.
Act 98, P. A. 1919, provides that the income derived by the state fish commission from licenses and fees shall be estimated and such estimate included in the budget and specifically appropriated.
JOINT ACTION WITH OTHER STATES.
(33) $ 7578. Sec. 6. In case appropriations by other states contiguous to the waters of Michigan shall be made, and a disposition for joint action with the state of Michigan be expressed, the said board of commissioners, with the approval of the governor of the state, may arrange for and carry into effect joint action for replenishing the supply of food fish in such contiguous waters.
Sec. 7 repeals Acts Nos. 124 of 1873, 71 of 1875 and 3 of 1882.
PROTECTION OF FISH AND REGULATION OF FISHING.
[Extract from Act 111, P. A. 1889.]
WHERE UNLAWFUL TO USE NETS.
(34) § 7708. SEC. 12. It shall not be lawful hereafter for any person to fish with any species of seines or nets within a radius of one hundred feet of or from any fish shute or ladder, dam to which a fish shite or ladder is attached, nor to hinder or frighten fish from a free passage up or down a fish shute or ladder.
All of this act, except sections 12 and 14, is superseded by Act 236 of 1915, (8 $ 7651-67 C. L. 1915). See sections 46-59.
(35) § 7710. SEC. 14. Any person who shall be found guilty of a violation of any provision of this act, except those provisions contained in section three hereof, shall be deemed guilty of a misdemeanor and shall be punished by a fine of not less than five dollars and not more than one hundred dollars and the costs of prosecution, and in default of payment thereof shall be confined in the county jail until such fine and costs shall be paid; but such confinement shall not exceed thirty days. Any person guilty of a violation of section three of this act may be punished in the discretion of the court by a fine of not less than twenty-five dollars and not more than one hundred fifty dollars, and in addition thereto by imprisonment in the county jail for not less than thirty days nor more than one hundred fifty days.
An Act to provide for the erection and maintenance of fish shutes or fish ladders
for the free passage of fish through or over dams now in existence, or which shall hereafter be erected, across rivers, streams or creeks, and to prohibit the obstruction of rivers, streams and creeks in such a manner as to prevent the free passage of fish up and down.
[Act 295, P. A. 1909.]
The People of the State of Michigan enact:
FISH SHUTES.—WHEN MAY CLOSE. --WAIVER OF BUILDING. -HOW ERECTED.
(36) § 7623. SECTION 1. Any person, firm or corporation owning or using any dam now existing or which may hereafter be constructed across any river, stream or creek in this state, shall erect and maintain in good repair, sufficient and permanent fish shutes or fish ladders to admit of the free and uninterrupted passage of fish over or through such dam during the months of March, April, May, June, September, October and November in each and every year: Provided, however, That the state game, fish and forestry warden, may upon the written application of any owner or owners of a dam, issue a permit to close said fish shute during any or all of said months for the purpose of conserving the water power: Provided further, That as to streams smaller than those designated as rivers and which are not frequented by any considerable quantity of fish for which a closed season or seasons is provided by law, said warden may upon the written application of any owner or owners of a dam issue a permit waiving the building of such shutes, which waiver may be revoked at the pleasure of said warden, who, on revoking the same may require the building of the shutes as provided in this act, on written notice of not less than sixty days to the owner or owners of such dam. Such shutes or ladders shall be erected and maintained by said owner or occupant of such dam, of such kind and placed in such manner as shall be prescribed by the state game, fish and forestry warden.
WARDEN TO PREPARE PLANS.--TO FURNISH COPIES.
(37) § 7624. SEC. 2. It shall be the duty of the state game, fish and forestry warden to prepare a draft of a general plan of a fish shute or fish ladder on a scale of sufficient size for a working plan, that will in his opinion best permit of the free passage of large and small fish up and down a stream at the dam. On each plan shall be designated the greatest allowable slope per foot run of said fish shute or fish ladder when in place in the dam, also the proper width and depth, together with such other details and specifications in respect to material and construction and connection with the dam as will enable any ordinary carpenter to properly construct and place the fish shute or fish ladder; and it shall be the further duty of the state game, fish and forestry warden to furnish a copy of such plans and specifications to each owner or occupant of a dam, on request.
INSPECTOR OF DAMS.-DUTY TO PROSECUTE.
(38) § 7625. SEC. 3. The state game, fish and forestry warden is hereby made inspector of dams across rivers, streams and creeks of this state, and it shall be his duty to prosecute in the name of the people of the state in all cases where the provisions of this act are not complied with, and it shall be the duty of the prosecuting attorney of any county in which a prosecution is commenced under this act to aid in said prosecution when requested to do so by the state game, fish and forestry warden or any one of his deputies or such officer or department as shall succeed to the powers and duties of that office: Provided, That the attorney general may institute mandamus proceedings in the circuit court for Ingham county to compel any person, firm or corporation to comply with the provisions of section one of this act.
Am. 1921, Act 26.
NEGLECT TO ERECT SIIUTES. -EACH THIRTY DAYS A SEPARATE OFFENSE.
(39) § 7626. SEC. 4. If any person, firm or corporation owning, using or enjoying the use of any dam across any of the rivers, streams or creeks of this state shall refuse or fail to erect and maintain in proper repair a fish shute or fish ladder over or through said dam, such peson or corporation s'hall be deemed guilty of a violation of the provisions of this act; and every period of thirty days during which any person or corporation owning or using a dam shall fail to erect or to maintain in proper repair a fish shute or ladder over or through said dam, shall render such person or corporation guilty of a distinct and separate offense under the provisions of this act.
CONSTRUCTION BY WARDEN.ASSESSMENT OF EXPENSE.
(40) § 7627. SEC. 5. In case the owner or user of any dam shall refuse or fail to construct and maintain a fish shute or fish ladder as provided in this act, the state game, fish and forestry warden may cause to be constructed a suitable fish shute or fish ladder over or through said dam at such place in the dam as will cause least injury to the water power, and the expense of the construction of such fish shute or fish ladder shall be by him certified to the board of supervisors of the county in which such dam is located, and such expense shall be audited by the board of supervisors and shall be paid from the general fund of said county. The board of supervisors of any county, upon auditing and allowing such expense, shall by resolution order the supervisor of the township or ward in which said dam is situated to spread the amount of such expense upon the assessment roll of said township or ward as a tax against the property to which said dam is appurtenant and against the owner or owners of such property, to be collected in the same manner as other township taxes and paid over to the county treasurer, or returned as delinquent in accordance with law.
UNLAWFUL TO OBSTRUCT CHANNEL,-SCREENS IN PRIVATE PRESERVES.
(41) § 7628. Sec. 6. It shall be unlawful for any person, firm or corporation to obstruct the channel or course of any river, stream or creek in this state by placing or causing to be placed therein any net, wire screen or any other apparatus or material of any kind whatever, which will tend to prevent the free passage of fish up and down such river, stream or creek, except as authorized by law, and any person or corporation so offending shall be deemed guilty of a violation of the provisions of this act: Provided, That the state game, fish and forestry warden may authorize the placing of screens in any river, stream, creek or in the inlet or outlet of any lake, the adjoining lands of which are owned by any single person, association or corporation, when such lake has been stocked and is maintained as a private preserve by such person, association or corporation.
PENALTY.-SECOND AND SUBSEQUENT OFFENSES.
(42) § 7629. SEC. 7. Any person or corporation violating any of the provisions of this act, shall upon conviction thereof, for the first offense, be punished by a fine of not less than ten dollars and not exceeding one hundred dollars, together with costs of prosecution, or by imprisonment in the county jail not exceeding ninety days, or by both such fine and imprisonment in the discretion of the court; and for the second or any subsequent offense, charged as such in the complaint, shall upon conviction be punished by a fine of not less than fifty dollars and not exceeding two hundred dollars, together with costs of prosecution, or by imprisonment for not less than sixty days nor more than one year, or by both such fine and imprisonment in the discretion of the court. In any case in which a fine with costs is imposed the court shall sentence the offender to be confined in the county jail until such fine and costs are paid, but for a period not exceeding the maximum jail penalty for the offense.
Sec. 8 repeals inconsistent acts.
An Act to secure to the people of the state of Michigan certain rights on any of
the navigable or meandered waters of this state where fish have been or hereafter may be propagated, planted or spread at the expense of the people of this state or the United States.
[Act 121, P. A. 1891.]
The People of the State of Michigan enact:
WHERE MAY FISH WITH HOOK AND LINE,
(43) § 7694. SECTION 1. That in any of the navigable or meandered waters of this state where fish have been or hereafter may be propagated, planted or spread at the expense of the people of this state or the United States, the people shall have the right to catch fish with hook and line during such seasons and in such waters as are not otherwise prohibited by the laws of this state.
NO ACTION EXCEPT FOR ACTUAL DAMAGES.-DEFENSE.
(44) § 7695. SEC. 2. No action at law shall be maintained against persons entering upon such waters for the purpose of such fishing, by the owner, lessee or persons having the right of possession of adjoining lands, except for actual damage done. In any such action the defendant under a proper notice may dispute on the trial the plaintiff's right to either title or possession of the land claimed to be trespassed upon.
An Act to legalize the use of natural bait, animal offal or articles of food as bait in
fishing in the inland waters of the state of Michigan, and to repeal act number two hundred ten of the public acts of nineteen hundred seven, and all other acts or parts of acts contravening the provisions of this act.
[Act 366, P. A. 1913.]
The People of the State of Michigan enact:
LAWFUL TO USE NATURAL BAIT.
(45) § 7723. SECTION 1. Hereafter it shall be lawful for any person to use any natural bait, animal offal or article of food as bait in fishing in any of the inland waters of this state.
Sec. 2 repeals Act 210, Public Acts of 1907, and all contravening acts.
An Act to protect fish in the inland waters of this state and to regulate the man
ner of taking, possession, transportation, size and sale of fish when taken from said waters, to provide penalties for the violation of this act, and to repeal all acts and parts of acts conflicting therewith.
[Act 236, P. A. 1915.]
The People of the State of Michigan enact:
FISH, PROPERTY OF STATE,
(46) § 7654. SECTION 1. All fish of all kinds found in any of the inland waters of this state are hereby declared to be the property of the state of Michigan.
UNLAWFUL FISHING. USE OF HOOK AND LINE. -ICE LINES.
MINNOW SEINES.-SPEARING THROUGH ICE.
(47) § 7655. SEC. 2. It shall be unlawful for any person or persons to take, catch or kill or attempt to take, catch or kill any fish of any kind in any of the inland waters of this state with any kind of spear or grab hook, snag hook, or by the use of jack or artificial light of any kind or by the use of set or night lines, or any kind of a net, or of any kind of firearms, or any explosive substance or combination of substances which have a tendency to kill or stupefy fish, or any other device of whatsoever name or description, except the hook and line while held in the hand or under immediate control: Provided, however, That the spearing or catching by dip net of carp, mullet, red sides and suckers shall not be unlawful from March first to May fifteenth, both inclusive, in each year in the streams and rivers in the upper peninsula of this state, and during the months of March and April in each year in the streams and rivers in the lower peninsula of this state: Provided, further, That for the purposes of this act, the inland waters of this state shall be construed to be all the waters within the jurisdiction of the state of Michigan, except lakes Michigan, Superior, Huron, and Erie, and the bays connected therewith: Provided further, That a hook and line shall be construed to be a single line, or single rod and line, with hook or hooks attached while being used for still fishing, or single line, or single rod and line, with single hook or hooks or with a natural or artificial bait not to exceed six inches in length with one or more hooks or gangs of hooks attached, to be used for casting or trolling for fish which shall be by means of the fish taking the bait or hook in the mouth: Provided further, That any person or persons may use not to exceed five lines with single hooks attached for the purpose of taking any kinds of fish, except brook trouť and bass, through the ice during the months of December, January, February and March in each year, said lines to be termed “ice-lines," and that any person or persons may use two lines or rods and lines with hooks attached while fishing from a boat: Provided further, That any person or persons may use minnow seines, not to exceed twenty feet in length in the inland streams and rivers in this state, and not to exceed thirty feet in length and not to exceed five feet in width in the inland lakes of this state, for the purpose of taking chubs, shiners, suckers, dace and stoneroller minnows from any of the inland waters of this state to be used for bait only in hook and line fishing: Provided further, That it shall hereafter be lawful in the months of January and February in each year to take, catch or kill through the ice by the use of a spear, any and all kinds of fish, except brook trout and black bass in any or all of the inland lakes and streams of this state: And provided further, That all waters, lakes and streams in this state, while protected from spearing by any local act of the legislature of this state, shall be exempt from the provisions of this aot.
Am. 1917, Act 345 ; 1921, Act 220.
WHEN UNLAWFUL TO TAKE BROOK TROUT.-BROOK TROUT DEFINED.
Sec. 3. It shall be unlawful for any person or persons to take