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GAME AND FISH LAWS.
An Act to provide for the protection and conservation of the natural resources of
the state; to create a conservation department; to define the powers and duties thereof; to provide for the transfer to said department of the powers and duties now vested by law in certain boards, commissions and officers of the state; and for the abolishing of the boards, commissions and offices the powers and duties of which are hereby transferred.
[Act 17, P. A. 1921.]
The People of the State of Michigan enact:
DEPARTMENT OF CONSERVATION CREATED.
(1) SECTION 1. There is hereby created a department of conservation for the state of Michigan which shall possess the powers and perform the duties hereby granted and imposed. The general administration of said powers and duties shall be vested in a commission of conservation which shall be composed of seven members appointed by the governor, subject to confirmation by the senate. The governor shall designate which member of the commission shall act as chairman thereof. The members of said commission shall be selected with special reference to their training and experience along the line of one or more of the principal lines of activities vested in the department of conservation and their ability and fitness to deal therewith. Each member of this commission shall hold his office until the appointment and qualification of his successor. The governor shall, subject to confirmation by the senate, appoint a director of conservation, who shall receive an annual salary of five thousand dollars, and said director shall appoint with the approval of the commission such assistants and employes as may be necessary to carry out the provisions of this act, or of any other law of the state affecting the powers and duties of said department. The compensation of all such assistants and employes and the number thereof shall be subject to the approval of the state adminsitrative board. The members of the commission shall receive no compensation hereunder, but each such member, and the other officers and employes of the department, shall be entitled to reasonable expenses while traveling in the performance of any of the duties hereby imposed. All salaries and expenses authorized hereunder shall be paid out of the state treasury in the same manner as the salaries of other state officers and employes are paid. It shall be the duty of the board of state auditors to furnish suitable offices and office equipment, at the city of Lansing, for the use of the conservation department. Each member of the commission and the director of conservation shall qualify by taking and subscribing the constitutional oath of office, and filing same in the office of the secretary of state.
POWERS AND DUTIES TRANSFERRED.
(2) SEC. 2. The powers and duties now vested by law in the public domain commission, the state game, fish and forest fire commissioner, the state board of fish commissioners, the board of geological survey, and the Michigan state park commission are hereby transferred to and vested in the department of conserva
tion. Whenever, in any law of the state, reference is made to any board, commission or officer whose powers and duties are thus transferred, reference shall be deemed to be made to the department of conservation. On the taking effect of this act the public domain commission, the state board of fish commissioners, the board of geological survey, the Michigan state park commission, and the office of state game, fish and forest fire warden shall be abolished; and all records, files and papers of every nature pertaining to the functions thereof shall be turned over to the department of conservation, to be preserved as a part of the records and files of the department hereby created. Any hearing or other proceeding pending before any commission or board hereby abolished shall not be abated but shall be carried on and determined by the commission of conservation in accordance with the provisions of the law governing such hearing and proceeding. The commission hereby created may adopt such rules and regulations, not inconsistent with law, governing its organization and procedure, and the administration of the provisions of this act, as may be deemed expedient.
Am. 1921, Act 164.
(3) SEC. 3. It is hereby made the duty of the department of conservation to protect and conserve the natural resources of the state of Michigan; to prevent the destruction of timber by fire or otherwise; to promote the re-foresting of non-agricultural lands belonging to the state; to guard against the pollution of lakes and streams within the state; and to foster and encourage the protecting and propagation of game and fish. On behalf of the people of the state the commission of conservation may accept gifts and grants of land and other property for any of the purposes contemplated by this act. It shall also be the duty of said department to make an investigation of the natural water power of the state, that is as yet undeveloped, and to report to the governor and legislature with reference thereto before the fifteenth of January, nineteen hundred twentythree. Such report shall specify the location and extent of such power, its availability for use, and such other matters affecting the same as may be deemed expedient.
BIENNIAL REPORT TO GOVERNOR AND LEGISLATURE.
(4) SEC. 4. On or before the fifteenth day of January of each year in which a regular session of the legislature is held, the director of conservation shall make to the governor and legislature, a report covering the operation of his department for the preceding biennial period. Such report shall, if so ordered by the board of state auditors, be printed and shall be distributed in such manner and to such persons, organizations, institutions and officials as said board may direct.
Sec. 5 repeals all acts or parts of acts in contravention of the provisions hereof.
An Act to prescribe the powers and duties of the director of conservation in connection with the enforcement of the game and fish laws.
[Act 290, P. A. 1921.]
The People of the State of Michigan enact:
DIRECTOR OF CONSERVATION.- POWERS AND DUTIES.
(5) SECTION 1. It shall be the duty of the director of conservation to seize all nets and other fishing apparatus or appliances of any kind found in use in violation of the laws of this state, and to enforce the statute of this state for the preservation of moose, wapiti, deer, birds and fish, and to enforce all other laws of the state for the protection and propagation of game, birds and fish, now in force, or hereafter enacted, and to bring or cause to be brought, and to prosecute or cause to be prosecuted, actions and proceedings in the name of the people of the state to punish any parties for the violation of said statute and laws. Such actions and proceedings may be brought in the name of the people in like cases, in the same courts, and under the same procedure as they may now or may hereafter be brought by any individual or by the prosecuting attorneys of the several counties under and by virtue of any law now existing or hereafter enacted.
PROCEEDINGS IN PROSECUTIONS.
(6) SEC. 2. The director of conservation or any officer appointed by him for the purpose of enforcing any of the provisions of this act may make complaint and cause proceedings to be commenced against any person for violation of any of the laws for the protection or propagation of game and fish without the sanction of the prosecuting attorney of the county in which such proceedings are commenced, and in such case such officer shall not be obliged to furnish security for costs, Said director or any of said officers may appear for the people in any court of competent jurisdiction in any case for violation of any of the laws for the protection or propagation or conservation of game or fish, and prosecute the same in the same manner and with the same authority as the prosecuting attorney of any county in which such proceedings are commenced, and may sign vouchers for the payment of jurors and witness fees in such cases in the same manner and with the same authority as prosecuting attorneys in other criminal cases. Any of said officers shall have power to search, without warrant, any person and examine any boat, conveyance, vehicle, automobile, fish box, fish basket, game bag, game coat, hand baggage or any other receptacle in which game or fish may be carried, and may enter into or upon any private or public property for such purpose or for the purpose of patrolling or investigating when he has good reason to believe that he will thereby secure evidence of a violation of the law. · Private property shall not include dwellings or dwelling houses, and any hindrance or interference, or attempted hindrance or interference with such patrol investigation, search or examination, shall be prima facie evidence of a violation of the law by the parties who hinder or interfere with, or attempt to hinder or interfere with said patrol, investigation, search or examination. Said officer shall at any and all times seize and take possession of any and all birds, animals or fish which have been caught, taken or killed, at a time, in a manner and for a purpose, or had in possession or under control, or have been shipped contrary to any of the laws of this state, and such seizure may be made without a warrant: Provided, That no common carrier shall be held responsible in damages or otherwise to any owner, shipper or consignee by reason of such loss or seizure hereunder. Any court having jurisdiction of the offense, upon receiving proof of probable cause for believing in the concealment of any bird, animal or fish caught, taken, killed, had in possession, under control, or shipped contrary to any of the laws of this state, shall issue a seach warrant and cause a seach to be made in any place, and to that end may cause any buildings, apartment, enclosure, or car to be entered, and the contents thereof examined by any of said officers. All birds, animals or fish or nets or boats, or fishing or hunting appliances or apparatus or automobiles of any kind seized by any of said officers shall be turned over to the director of conservation to be held by him subject to the order of the court before whom the case is pending. Said court, after complaint on oath shall have been made and filed with the court, shall issue an order to the owner of such property to show cause, if any, why the property mentioned in said complaint should not be condemned. Such order to show cause shall have a date fixed therein for the hearing thereof, which date shall not be less than five days from the date of its issuance, and shall be served by delivering a true copy thereof to said owner at any time, not less than one day, before the date of hearing, or if the owner is not known or cannot be located, said order shall be served by posting a true copy thereof in one or more public places in the county in which such seizure was made, or by publishing a true copy thereof in any newspaper published in such county. Such posting or publication of said notice shall be had at least five days before the day of hearing fixed in said order. Upon the hearing if the court shall determine that any of the property mentioned in the complaint was caught, killed, possessed, shipped or used contrary to law, an order shall be made confiscating by and forfeiting to the state such property and directing its sale or other disposal by the director of conservation, the proceeds from any such sale to be paid into the state treasury. If, upon such hearing, the court should determine that said property was not caught, killed, possessed, shipped or used contrary to law he shall make an order directing the director of conservation to forthwith return said property to its owner: Provided, That in case the owner of such goods or things seized sign a property release, no court proceedings shall be necessary. Said officers shall not be liable for damages on account of any seach, examination or seizure, or the destruction of any nets, boats or fishing or hunting apparatus, vehicles, or automobiles, of any kind, in accordance with the provisions of this act: Provided, That common carriers shall not be held responsible in damages or otherwise to any owner, shipper or consignee by reason of the loss or seizure herein provided for,
SERVICE OF WARRANTS.-SUNDAY ARRESTS.
(7) SEC. 3. Said director of conservation and any special assistants or deputy game and fish wardens appointed by said director shall have the same power to serve criminal process as sheriffs, and shall have the same right as sheriffs to require aid in executing such process, and shall be entitled to the same fees as sheriffs in performing any of said duties. Any of said officers may arrest, without warrant, any person caught by him in the act of violating any of the aforesaid laws for the protection, propagation or preservation of wild animals, birds or fish and take such person forth with beforu a justice of the peace, or other magistrate having jurisdiction, who shall prepare, without delay, to hear, try and determine the matter and the same proceedings shall be had as near as may be as in other criminal matters triable before a justice of the peace, or other magistrate having jurisdiction. Such arrests may be made on Sunday and in such case the person so arrested shall be taken before a justice of the peace, or other magistrate having jurisdiction, and proceeded against as soon as may be, on a week day following the arrest.
(8) SEC. 4. Any person who hinders, obstructs or interferes with, or attempts to hinder, obstruct or interfere with the director of conservation, or any state or county officer appointed by him, or any peson who shall. violate any of the provisions of this act shall be deemed guilty of a misdemeanor and on conviction thereof shall be fined not less than ten dollars nor more than one hundred dollars, together with costs of suit, or may be committed to the county jail for a period of not less than ten days nor more than ninety days, or both such fine and imprisonment in the discretion of the court; and in default of the payment of any fine or cost such person may be committed to the county jail until such fine and costs are paid, or for a period not exceeding ninety days.
Sec. 5 repeals Act 379 of 1917.
An Act to provide for the appointment of a county game and fish warden for the
county of Wayne, to prescribe his powers and duties and fix his compensation.
[Act 294, P. A. 1907.]
The People of the State of Michigan enact:
APPOINTMENT. — POWERS. —TER VI OF OFFICE. —SALARY.
(9) SECTION 1. The state game and fish warden shall appoint a resident of the county of Wayne as county game and fish warden for said county, who shall have the same powers in said county as are possessed by the state game and fish warden under the general laws of the state. Said county game and fish warden shall be appointed for the same term as the state game and fish warden and shall be subject to the supervision and control of, and to removal by the state game and fish warden. Said county game and fish warden shall receive a salary of two thousand five hundred dollars per annum, which shall include salary and expenses in full, to be paid semi-monthly upon warrants of the board of county auditors of said county of Wayne.
Am. 1917, Act 340.
FOREST FIRE PROTECTION.
An Act to provide for the preservation of the forests of this state and for the pre
vention and suppression of forest and prairie fires.
[Act 249, P. A. 1903.]
The People of the State of Michigan enact:
PREVENTION AND SUPPRESSION OF FIRES.-FIRE WAP.DENS.
(10) § 765. SECTION 1. The state game, fish and forest warden shall have charge of the prevention and suppression of forest fires, as hereinafter provided. The supervisors of townships are hereby constituted fire wardens of their respective townships. The state game, fish and forest warden shall appoint a fire warden for each surveyed township of this state in which a supervisor does not reside. The fire warden so appointed shall be, where possible, a resident of the surveyed township for which he is appointed.
DISTRICTS.-SALARY AND TERM OF DEPUTY WARDENS. -DUTIES AND L'OWERS.
(11) $766. SEC. 2. The state game, fish and forestry warden shall divide the counties affected by this law into districts of suitable and convenient size as he may deem advisable and appoint for each of such districts a deputy game, fish and forestry warden: Provided, however, That not more than ten such deputy wardens shall be so appointed, who shall have all the powers heretofore possessed by deputy game and fish wardens. Each of such deputy game, fish and forestry wardens shall receive from the state a salary to be fixed by the state game, fish and forestry warden on a merit basis and promotion to be made upon examination of said deputies as to their previous experience and proficiency in the work of the department, said salary to be not less than two dollars fifty cents per day, and not more than four dollars per day for each day actually spent in the discharge of their duties under the direction of the state game, fish and forestry warden, together with their actual expenses necessarily incurred when so employed to be paid on the voucher of the auditor general semi-monthly. Such deputy game, fish and forestry wardens shall hold their office during the pleasure of the state game, fish and forestry warden, and shall be subject to removal by him at any time. It.shall be the duty of such deputy game, fish and forestry wardens to familiarize themselves by personal investigation with the locality and the condition of the cut-over lands, prairie lands and other districts in their respective counties where fires are most likely to start and spread, and to take such precautions as they shall deem reasonable and proper to prevent the starting or spreading of fires in such districts, and in doing so, may enter upon lands and remove or destroy brush, rubbish and other dangerous conibustible material wherever necessary. It shall be the duty of such deputy game, fish and forestry warden to caution all sportsmen, settlers and others of the danger of fires in the woods, to extinguish all fires left burning by anyone if within their power, and to give notice to any and all parties interested, when possible, of fires raging and beyond their control, to the end that the same may be controlled and extinguished. In case of fire, such deputy game, fish and forestry wardens shall have the power to employ assistance in emergencies to extinguish or control fires, to the same extent and in the same manner as fire wardens of townships in which fires are raging, and shall also have the power to call upon the fire wardens herein before