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the catching and curing of fish, shall be burned or buried ten rods distant from the beach or shore of any stream, pond or lake.
CERTAIN OBSTRUCTIONS OR FILTH PROHIBITED.-MOLESTING NETS.
(125) § 7640. SEC. 10. It shall be unlawful for any person or persons to put into said waters any sand, coal, cinders, ashes, log slabs, decayed wood, bark, sawdust, or filth. It is further provided that it shall be unlawful for any person or persons, or any boat owner, or captain of any buat or vessel to run into or molest any pond net, trap net, or other stationary nets or fixtures set in any lake for fishing purposes.
PENALTY FOR VIOLATION OF PRECEDING SECTIONS.
(126) § 7641. SEC. 11. Any person or persons offending against the provisions of this act shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be liable to a fine not exceeding one hundred dollars or imprisonment in the county jail not to exceed ninety days, or both such fine and imprisonment, in the discretion of the court, and such person or persons shall be liable civilly for damages done in an action in any court having jurisdiction thereof.
UNLAWFUL TO MOLEST OR DESTROY SET NETS.--PENALTY.
(127) SEC. 12. It shall be unlawful for any person or persons to wilfully cut, tear, untie, remove or in any manner injure, damage, molest or destroy any net, rope, line, stake, anchor or other property belonging to, in use, or to be used in any pond net or trap net or other net or nets and fixtures thereto belonging, law. fully set and used for the purpose of taking fish from any of the lakes or streams in the state of Michigan or in any of the lakes or waters bordering upon said state of Michigan. Any person or persons offending against the provisions of this section shall be deemed guilty of a misdemeanor and on conviction thereof shall be punished by a fine not to exceed five hundred dollars or imprisonment in the county jail not more than six months, or both such fine and imprisonment in the discretion of the court; and such person or persons shall be liable civilly for all damages done wilfully to such property to the legal owners or occupants thereof, to be recovered action of trespass in any court of the county where such property is situate, having jurisdiction thereof.
Added 1917, Act 287.
PROTECTION OF EDIBLE FROGS.
An Act to provide for the protection of all species of elible frogs in this state; to
regulate the sale and having in possession of frogs or portion of the carcass thereof; and providing penalties for the violation of this act.
[Act 90, P. A. 1915.]
The People of the State of Michigan enact:
WHEN AND HOW UNLAWFUL TO TAKE OR SPEAR FROGS.
(128) § 7563. SECTION 1. Hereafter it shall be unlawful to kill or take in any manner whatsoever, any species of edible frogs in this state from November first in any year to June first in the year following, and it shall be unlawful at any time to spear frogs by the aid of artificial light.
WHEN UNLAWFUL TO POSSESS FROGS.
(129) § 7564. Sec. 2. No person shall have in his possession between March fifteenth and June first, in each year, any frogs or any portion of the carcass of said frogs whether caught within or without this state, for any purpose whatever: Providing, That any person conducting a scientific laboratory may have live frogs in his possession at any time, exclusively for scientific or experimental purposes.
FROGS SHIPPED FROM WITHOUT STATE-BILL OF LADING.
(130) § 7565. SEC. 3. No person shall have in his possession, between November first in any year and March fifteenth in the year following, any frogs or any portion of the carcass of said frogs, for sale or for any other purpose whatever, except frogs or portions of the carcass of said frogs that have been shipped from without this state not more than seven days prior to the date of so having the same in his possession, as evidenced by a bill of lading or express receipt showing the time and date of such shipment of such frogs or portions thereof, bearing date not earlier than seven days prior to the date of his so having the same in his possession. Every person having such frogs or portion of the carcass of such frogs in his possession between the dates herein prescribed shall exhibit the bill of lading or express receipt therefor whenever so requested by the proper state or local authorities or any duly authorized deputies of the same having charge or supervision of the enforcement of game laws.
(131) § 7566. SEC. 4. Any person violating any of the provisions of this act shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine not exceeding one hundred dollars, or by imprisonment in the county jail not exceeding thirty days, or both such fine and imprisonment in the discretion of the court. All acts or parts of acts inconsistent with the provisions of this act are hereby repealed.
Sec. 5 repeals Act 170, Public Acts of 1913.
PROPAGATION OF FROGS.
An Act to authorize and regulate the possession, use, transportation and sale of
frogs by persons engaged in the business of propagating and rearing such frogs, and by persons who purchase frogs so reared, and to provide a penalty for the violation thereof.
[Act 131, P. A. 1917.]
The People of the State of Michigan enact:
LICENSE TO PROPAGATE FROGS, FOR SALE. FEE.
(132) SECTION 1. The state game, fish and forest fire commissioner shall issue a license to any person, partnership or corporation who desire to engage in the business of propagating frogs; also to any person, partnership or corporation engaged in the business of selling frogs propagated in accordance with the provisions of this act or purchased from a person or persons so licensed as aforesaid or when purchased in any other state or country. The fee for issuing any such license shall be one dollar.
APPLICATION.-BOND, -LICENSE. --LAWFUL SALES.
(133) SEC. 2. Before any such license is issueă, a written application therefor shall be filed in the office of the state game, fish and forest fire con nissioner by the person, partnership or corporation desiring such license. The application shall state the full name and post office address of the applicant, with a description of the premises where such business is to be conducted, a description and the location of the premises and buildings where frogs are to be hatched and where frogs are to be sold and whether such frogs are to be sold for consumption, or alive for scientific purposes. Such applicant shall, before such license shall be issued, file with the said commissioner a bond in the penal sum of five hundred dollars with at least two responsible sureties, payable to the people of this state, which bond shall be conditioned that the licensee shall keep, perform and obey all of the conditions of this act; and if said licensee shail fail to keep, perform or obey any of the conditions or requirements of this act, the makers of said bond shall be liable to pay the sum of fifty dollars to liquidate the bond and full costs of suit for each and every violation of this act. Said commissioner may maintain suit for the recovery thereof in the circuit court in the county having jurisdiction, and said bond shall remain as a continuing security for payment in case of any further breach in the payment of said bond. Said license shall not be transferable. No person shall sell any frogs propagated or reared in accordance with the provisions of this act, or engage in the business of selling frogs unless the license for selling same shall have been issued by said commissioner, as aforesaid, nor unless such license remains uncancelled and in force. Frogs so reared may be sold and transported within or without the state at any time under the provisions of this act, and not otherwise.
SHIPMENTS. -BILL OF LADING.-DUTY OF SHIPPER.
(134) Sec. 3. No person shall sell or ship or cause to be sold or shipped or transported, and no person or persons shall transport any such frogs, unless there shall be made, in duplicate, a bill of. lading describing such shipment and signed by the carrier, or it's agent, showing the true date of such shipment, and to which shall be attached a true invoice or bill of sale of such frogs, which shall set forth the number and true aggregate weight of such frogs sold, the name and residence of the seller, shipper or consignor, and of the purchaser or consignee, nor unless the package containing such frogs shall be plainly marked with the name of the consignee, name of the shipper, and that it contains frogs. The seller or shipper of such frogs shall, within twenty-four hours after the shipment has been made forward one copy of such bill of lading and invoice to the state game, fish and forest fire commissioner, by mail, or deliver the same to him in person, and the other copy to the consignee; and within six days, after the receipt of such frogs, if sold to a purchaser residing in this state, such purchaser or consignee shall forward the said copy of bill of lading to the state game, fish and forest fire commissioner by mail, or deliver the same to him in person, together with a true statement showing whether the frogs described therein have been sold or what other disposition has been made of the same.
SALE AT RETAIL. -POSTING OF SIGN-INVOICE.
(135) SEC. 4. No licensee shall sell at retail within this state, or serve any frogs propagated and reared in accordance with the provisions of this act, except at a regular place of business which is known to the public; nor unless at such place of business there shall be kept posted up in a conspicuous place, so that it may be easily read, the following words: “Frogs sold here”; nor shall any person sell or serve such frogs in any restaurant or hotel, whether secured within or without this state, without having in his possession a license and the invoice for such frogs herein required to be made. Every person having frogs for sale shall exhibit the invoice for same whenever so requested by anyone purchasing such frogs, or by the state game, fish and forest fire commissioner.
(136) SEC. 5. Any person or persons who shall ship, transport or sell frogs contrary to the provisions of this act shall be deemed guilty of a misdemeanor, and each sale shall be deemed a separate offense; and upon conviction thereof shall be punished by a fine of not more than fifty dollars, or by imprisonment in the county jail not exceeding thirty days. On conviction for the violation of any of the terms of this act the license granted to such person may, in the discretion of the court, be cancelled.
LICENSING CLAM, ETC., FISHING.
An Act to regulate and license the fishing with any kind of apparatus for the pur
pose of taking clams, mollusks or pearls in any of the inland waters of this state, and to provide an open and closed season for taking same.
[Act 261, P. A. 1915.]
The People of the State of Michigan enact:
UNLAWFUL FISHING FOR CLAWS, ETC.
(137) § 7746. SECTION 1. It shall be unlawful for any person, firm, company, partnership or association to fish for clams, mollusks or pearls by means of any kind of apparatus or in any manner whatsoever in any of the inland waters of this state without first having been registered in the office of the state game, fish and forestry warden and a license issued therefor in accordance with the provisions of this act.
APPLICATION FOR LICENSE. -FEES.--WHAT TO STATE.
(138) § 7747. SEC. 2. Any person, firm, company, partnership or associaon desiring to fish for clams, mollusks or pearls in any of the inland waters of this state shall make application therefor to the state game, fish and forestry warden on a blank provided for that purpose by the state game, fish and forestry warden, accompanied by a fee of one dollar, if the applicant is a resident of this state, and a fee of fifty dollars, if the applicant is a non-resident of this state. Such application shall state the name and residence of the applicant, kind of apparatus to be used and the manner in which he proposes to fish for clams, mollusks or pearls.
GAME WARDEN TO ISSUE LICENSE.-EXPIRATION.- CLOSED SEASON.
(139) § 7748. SEC. 3. Upon payment of the fee provided for in section two of this act, the state game, fish and forestry warden shall have prepared and shall issue to such person, firm, company, partnership or association entitled to the same, a printed or written license signed by him, setting forth the date of issuance of the same, to whom issued, the kind of apparatus to be used and the manner in which such fishing for clams, mollusks or pearls is to be done and the date upon which such license shall expire, which date shall be the thirty-first day of December in each year: Provided, That the license herein mentioned shall not permit or authorize the person securing same to fish for clams, mollusks or pearls during the months of April, May and June of each year, which shall be considered a closed season for taking such clams, mollusks or pearls in this state.
RECORD OF LICENSES.APPLICATION OF FUNDS.-WHO DEEMED NON-RESIDENT.
(140) $ 7749. SEC. 4. The state game, fish and forestry warden shall keep a record of all applications and licenses issued by him and on the first day of each month shall pay over to the state treasurer all moneys received for the sale of licenses issued under the provisions of this act and such moneys shall be credited to the game and fish protection fund and shall be disbursed by the auditor general for services of the state game, fish and forestry warden and his deputies in enforcing the game and fish laws of this state. For the purpose of this act, a nonresident of this state shall be deemed to be any person who has not been a bona fide resident of the state for at least six months prior to the time application is made for license under the provisions of this act.
(141) § 7750. SEC. 5. Any person, firm, company, partnership or association violating any of the provisions of this act shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined not less than twenty-five nor more than one hundred dollars and costs of prosecution and in default thereof by imprisonment in the county jail for a period not exceeding ninety days, or by both said fine and imprisonment in the discretion of the court.
LOCAL PROVISIONS.—BORDERING WATERS.
An Act to define the limits of Wild Fowl bay and the entrance thereof and to pro
hibit fishing with nets within such limits.
[Act 277, P. A. 1897.]
The People of the State of Michigan enact:
(142) SECTION 1. That fishing with nets in Wild Fowl bay is prohibited.
BOUNDARIES OF WILD FOWL BAY.
(143) SEC. 2. Wild Fowl bay embraces the waters within the following lines: Beginning at the west end of Point Charities, at the west portion of section eleven, in townsh seventeen north of range nine eist, run thence southwesterly west of North island, Heisterman island, and Maisou island, so-called, to a point in the bay west of the south line of section twenty-one in township sixteen north of range nine east, thence by a right angle east to the shore; thence northerly and westerly along the shore to Point Charities, taken as the place of beginning.
UNLAWFUL TO USE SUBMARINE NETS.
(144) SEC. 2a. It shall be unlawful to fish with submarine nets at and in the vicinity of the entrance of Saginaw bay into Wild Fowl bay between Point Charity and North island, between north island and Heisterman island, between Heisterman island and Maisou island and between Maisou island and mainland, so as to prevent the free running of fish between Saginaw bay and Wild Fowl bay.
BAIT MAY BE TAKEN.
(145) SEC. 3. The taking of minnows and other small fish, for bait, with nets, shall not be considered a violation of this act.
(146) SEC. 4. Any person violating the provisions of this act shall, on conviction thereof, be adjudged guilty of a misdemeanor and pay a fine of not less than five dollars nor more than fifty dollars for each offense, and shall also be liable to imprisonment in the county jail for a term not exceeding twenty days, in the discretion of the court.