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below the surface of the water in waters of a depth of not less than ten fathoms wherever they will not interfere with or take whitefish or trout or any other fish protected under the laws of this state: Provided further, That gill nets with meshes of not less than two and one-half inches may be used for the purpose of taking blue back herring from November first to December fifteenth in each year. Pound nets with the pot, crib or pocket, being that part of the net in which fish are finally captured, having meshes of not less than three and one-half inches in the bottom, sides and front, as found in use, extension measure, from center of knot to center of knot when fully extended, with the back having meshes of not more than two inches extension measure as manufactured, for at least fifteen feet below the surface of the water, with the lead having meshes of not less than five inches, the funnel and the heart having meshes of not less than four inches, extension measure as manufactured, may be used for taking whitefish and trout: Provided, That pound nets having meshes of not less than four inches as found in use may be used without the use of the small mesh back above provided. Pound nets, with the front, sides and bottom of the pot, crib or pocket having meshes of not less than two and one-fourth inches and the back having meshes of not more than two inches, the funnel inside of the pot, crib or pocket two and one-fourth inches, and such part of the funnel outside of the crib or pocket with the heart and lead four inches, as manufactured, may be used for the purpose of taking pickerel, perch, herring, and other rough fish where the season's catch of mature whitefish and trout does not exceed ten per centum per annum; and pound nets with meshes of not less than two inches extension measure, as manufactured, in pots, cribs or pockets, may be used from October first of each year to June fifteenth of the year following for the purpose of taking herring where they do not interfere with or catch immature whitefish or trout. Seines having wings with the meshes of not less than four inches and the pocket or bag, the bag of which shall not be more than one-fourth the length of the seine, having meshes of not less than two and one-fourth inches, extension measure, as used, may be used for the purpose of taking pickerel, wall-eyed pike, perch, herring, chubs and other rough fish whereever they will not interfere with or take whitefish or trout: Provided, That seines shall not be used in any of the connecting waters of the great lakes for any purpose except for fish culture, when used by the state director of conservation or his representatives. Hoop fyke nets, gobbler nets, trap nets, finnish nets or any other kind of a net having a pocket or crib on the principal of a pound net are considered under this act to be pound nets and when used must be so set or staked as to bring a portion of the heart or pockets, by the use of an open funnel extending to and opened into the pocket or heart of the net, to the surface of the water by means of a stake, float, rack or other device. It shall be unlawful to use in the waters of the said lakes, bays or harbors, submarine trap nets; and any of the above kind of trap nets, hoop fyke or other species of net when set below the surface of the water shall for the purpose of this act be deemed a submarine trap net. All gill nets as prescribed in this section shall be by extension measure, from center of knot to center of knot when fully extended as used for the purpose of taking fish.

Am. 1921, Act 225.

UNLAWFUL TAKING OF TROUT AND WHITEFISH.

(85) SEC. 7. It shall be unlawful to take from any of the waters named in this act any trout from the tenth day of October to the eighth day of November, inclusive, in each year. It shall be unlawful to take from any of the waters named in this act any whitefish from the twentieth day of November until the fifteen day of December, inclusive, in each year. It is declared to be a violation of this act to set nets for the taking of trout and whitefish before the first day of the open season for taking said fish.

Am. Id.

WHEN MAY TAKE FOR CULTURE.

(86). SEC. 8. The state game, fish and forest fire commissioner may authorize the taking of trout and whitfish for the purpose of fish culture at any time during

the open or closed season herein provided, when it is determined by test nets set under the direction of the state game, fish and forest fire commissioner, that forty per cent of the fish taken are ripe and ready to spawn.

SAVING AND DELIVERY OF SPAWN.-PLANTING OF SPAWN.

(87) SEC. 9. All persons, firms, co-partnerships, associations or corporations engaged in fishing for whitefish, trout or wall-eyed pike, in the waters named in this act, shall from the beginning of the spawning season for these fish, such time to be determined by test under the direction of the state game, fish and forest fire commissioner, until the beginning of the closed season provided by section seven of this act, and after the said closed season, strip all ripe fish, both male and female, save all of the spawn, properly impregnate it, and deliver it to the state game, fish and forest fire commissioner, or to his representatives, at his or its fishing port, and all such persons, firms, co-partnerships, associations and corporations shall have a sufficient force of men on each boat properly to save, handle, impregnate and deliver such spawn. The saving, handling, impregnating and delivering of spawn shall be done under the direction of the state game, fish and forest fire commissioner and in accordance with such regulations and under such supervision, as he may prescribe: Provided, That the said state game, fish and forest fire commissioner shall not discriminate against any person, firm, co-partnership, association or corporation engaged in such fishing during said closed or open season, having a sufficient force of men on each boat properly to save, handle, impregnate and deliver such spawn at any port or fishing ground when it has been determined that fish are ripe for spawning, and when such determination has been made by the state game, fish and forest fire commissioner, the fishing season automatically opens at such port or fishing ground.

FISH FOR CULTURE, ETC.-FAILURE TO COMPLY.

(88) SEC. 10. The state game, fish and forest fire commissioner shall deliver to designated representatives of the United States bureau of fisheries and representatives of the Michigan fish commission so much of said spawn as may be desired by said bureau or commission to supply its hatcheries for propagation and planting in the waters of said lakes within the jurisdiction of this state; and the remainder of the spawn shall be planted upon the spawning beds from which it was taken. The persons, firms, co-partnerships, associations or corporations so fishing shall plant on the spawning beds, when directed so to do by the state game, fish and forest fire commissioner, such proportion of the spawn as may have been taken from fish caught by said persons, firms, co-partnerships, associations or corporations. Any person, firm, co-partnership, association or corporation refusing or failing to comply with the provisions of this section shall be deemed guilty of a violation of the provisions of this act.

LAWFUL TO TAKE FOR FISH CULTURE, ETC.

(89) SEÇ. 11. It shall be lawful for the state game, fish and forest fire commissioner and the state board of fish commissioners to take fish in any manner, in any of the waters mentioned in this act, at any and all seasons of the year, for the purpose of fish culture and scientific investigation; to have and to hold ripe and unripe fish in order to take spawn therefrom; to sell all such ripe and unripe fish; and to devote the proceeds of such sales exclusively toward defraying the expenses incurred in taking such fish and fertilizing and planting the spawn therefrom.

SHIPPING OF FISH.-SEIZURE OF UNLAWFUL SHIPMENTS.

(90) SEC. 12. It shall be unlawful for any person, firm, co-partnership, association or corporation to ship or transport within this state any fish in packages or fish cars without plainly and correctly marking each package or fish car with the name of the consignor and the consignee, and the kinds of fish and the number of pounds of each kind contained therein. It shall be unlawful for any railroad company, boat line, express company, or other transportation company or common carrier, or any agent of any such company, to accept for shipment or transport any package or fish car containing fish unless it is properly marked as prescribed in this section. The presence in any package or fish car of ten per centum of any fish that it is illegal to ship shall make the entire contents of said package or fish car subject to seizure as an illegal shipment.

ILLEGAL FISH.-WHO DEEMED POSSESSOR OF.

(91) Sec. 13. The possession of any package of illegal fish offered to any common carrier as mentioned in section twelve, shall be construed to be and remain in the consignor until delivered to the consignee: Provided, That if any common carrier as hereinbefore mentioned is not able, or refuses or neglects to show from whom the consignment of any shipment of fish was received, the shipment is hereby declared to be in possession of the common carrier having same in transit and they may be proceeded against the same as the original owner.

INSPECTION OF FISH IN TRANSIT.

(92) SEC. 14. Any package or car of fish in transit opened by the state game, fish and forest fire commissioner or his deputies, if found to be a lawful shipment under this act, shall be repacked in as good condition as possible: Provided, That no package or car of fish legally shipped shall be detained in transit by or for inspection.

LEGAL WEIGHT OF WHITEFISH, LAKE TROUT, ETC.-MARKETING.

(93) SEC. 15. It shall be unlawful to market or have in possession at any time in this state, whether caught within or without this state, any whitefish of less weight than two pounds in the round or one pound and ten ounces when dressed, and one pound and six ounces when dressed, head off and salted; any lake trout of a less weight than one and one-half pounds in the round and one and one-fourth pounds when dressed and ciscowets trout two pounds in the round; any perch of a less length than nine inches; and mullet or sucker of a less weight than one pound in the round; any grass pike of a less weight than one pound in the round; any catfish of a less weight than two pounds in the round; any bullheads of a less weight than eight ounces; any wall-eyed pike or yellow pickerel of a less weight than one pound in the round. Dressed fish within the meaning of this act shall be fish with all entrails removed.

Am. 1921, Act 225.

RETURN OF IMMATURE FISH.—IMMATURE FISH DEFINED.

(94) Sec. 16. It shall be unlawful for any person or persons engaged in lifting pound nets or seines in the waters of this state, to take from the said waters any immature fish, and all immature fish found in the nets fished in said waters shall be returned to said waters with as little injury as possible by the person or persons lifting the net or nets: Provided further, That it shall not be unlawful for fishermen to have in possession, not to exceed in quantity the percentage allowed in section six of this act, lake trout, wall-eyed pike, perch or suckers, of a less weight than established by this section which are caught in two and threefourths inch mesh gill nets, and the same may be shipped and disposed of only under the direction of the state game, fish and forest fire commissioner. For the purpose of this act immature fish shall be construed to mean fish of a less weight than established by this act: Provided, however, that the provisions of this section shall not apply to fish taken from the waters herein mentioned with hook and line by persons for their own use and not for sale, but in such case the same regulations shall be observed as now apply to inland lakes and waters.

UNLAWFUL TO NET CERTAIN FISH.

(95) Sec. 17. It shall be unlawful for any person to take or catch with any kind of a net in any of the waters mentioned in this act, bass of any kind, any brook trout, rainbow trout, American brown trout, Lock Leven trout, steelhead trout, or any species of brook trout, crappies and sunfish, or to sell or offer for sale or to have in possession at any time any of the said fish taken with nets. Any such fish found in any net shall at once be returned to the waters from which taken with as little harm as possible to said fish, by the person or persons lifting the net or nets.

Am. 1921, Act 225.

LEGAL WEIGHT OF STURGEON.

(96) SEC. 18. It shall be unlawful to take or catch in any manner any sturgeon in any of the waters mentioned in this act, weighing less than twenty pounds in the round or to sell or offer for sale, or have in possession at any time, any sturgeon taken from said waters, weighing less than twenty pounds in the round, or fourteen pounds dressed with head, fins and entrails removed.

MARKING LOCATION OF .NETS.

(97) SEC. 19. It shall be unlawful for any person, firm, co-partnership, association or corporation to set or use nets, set lines with baited hooks, or any other continuous device in any of the waters mentioned in this act without marking the location of and identifying said nets, or other devices by attaching to the buoy, flags at least four feet above the surface of the water and showing the boat, set line or net license number in plain figures upon the bowls or flags of said buoys of the person, firm, co-partnership, association or corporation using the nets, set lines or other devices; the license number to be attached to the stakes at the heart or pot of pound nets; to the funnel rack or heart stake of trap nets, where the heart and pot are set below the surface of the water; to a buoy at the point of heart or pot of fyke nets where the cover of the hearts or pots comes to the surface of the water.

INSPECTION OF INTERSTATE SHIPMENTS.

(98) Sec. 29. Every person, firm, co-partnership, association or corporation taking fish for market in any of the waters mentioned in this act shall bring them to some port or place in Michigan where they may be inspected before shipping them to any market outside the boundaries of this state.

SALE OF WHITEFISH, ETC.

(99) SEC. 21. Every person, firm, co-partnership, association or corporation taking in whitefish or trout or both, for the market in any of the waters mentioned in this act shall sell to the citizens of this state at his or their home port or fishhouse, packing house or other place where fish are landed for inspection, packing or shipping, either to points outside or within the state, fish for use only, at a price not to exceed the wholesale shipping price then prevailing in Michigan, plus two cents per pound.

STATE MAY TAKE OVER FISH FOR CULTURE.

(100) SEC. 22. The state of Michigan through the state game, fish and forest fire commissioner, reserves to itself the right to take over sufficient of any and all the fish in condition for fish culture taken by any person, firm, copartnership, association or corporation fishing in Michigan waters only for fish culture and when so taken they shall be weighed, and made to pay for same either at nets or crating station, plus cost of transportation, if any, the same to be determined by the public domain commission, based on Chicago, New York and Detroit markets, or at such other prices as may be agreed upon by person or persons taking fish and the state game, fish and forest fire commissioner.

ACCOUNT OF FISH AND SPAWN. -YEARLY REPORT.

(101) SEC. 23. Every person, firm, co-partnership, association or corporation taking fish for the market in any of the waters mentioned in this act shall keep an accurate account of the number of pounds of each kind of fish taken and the number of quarts of spawn taken and the number of pounds of caviar taken by them, together with the disposition of such spawn and caviar and shall on or before February first of each year report to the state game, fish and forest fire commissioner the total number of pounds of each of the kinds of fish caught during the year ending December thirty-first preceding the filing of the report, and the number of quarts of spawn taken and its disposition and the number of pounds of caviar taken.

PENALTY.-SECOND AND SUBSEQUENT OFFENSES.

(102) SEC. 24. Any person violating any of the provisions of this act shall, upon conviction, for the first offense be punished by a fine of not less than twenty. five dollars nor more than one hundred dollars and costs of prosecution, or imprisonment in the county jail for not more than thirty 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 be punished by a fine of not less than fifty dollars nor more than one hundred dollars and cost of prosecution, or by imprisonment in the county jail for not less than thirty days nor more than ninety days, or by both such fine and imprisonment in the discretion of the court. When a fine with costs is imposed under the provisions of this act, 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 penalty for the offense.

ACTS REPEALED.

(103) SEC. 25. Act number one hundred eighty-eight of the public acts of eighteen hundred seventy-five, act number three hundred ninety-nine of the local acts of eighteen hundred ninety-five, act number three hundred forty-two of the public acts of nineteen hundred seventeen, and all other acts or parts of acts inconsistent herewith are hereby repealed: Provided, That nothing in this act shall be held to repeal any part of the following acts which prohibit or regulate the setting of nets in bays: Act number seventy of the public acts of eighteen hundred eighty-nine, act number thirty-eight of the public acts of nineteen hundred three, act number one hundred eighteen of the public acts of nineteen hundred three, act number three hundred fourteen of the public acts of nineteen hundred five, act number three hundred twenty-four of the public acts of nineteen hundred five, act number one hundred two of the public acts of nineteen hundred seven, and act number one hundred fourteen of the public acts of nineteen hundred seven, act number eleven of the public acts of nineteen hundred three, act number one hundred twenty-two of the public acts of nineteen hundred five.

P. A. 213, of 1909, is not included in this compilation, having cvidently been superseded by Act 159, P. A. of 1919, the foregoing act.

COMMERCIAL FISHING LICENSE.

An Act to regulate and license fishing with tugs, launches, boats and nets in the

waters bordering on this state.

[Act 153, P. A. 1907.]

The People of the state of Michigan enact:

UNLAWFUL TO USE BOATS AND NETS WITHOUT REGISTRATION AND LICENSE.

(104) § 7729. SECTION 1. It shall be unlawful for any person, firm, company, co-partnership, partnership, association of corporation to make use of any

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