« AnteriorContinuar »
February of each year: And provided further, That it shall be lawful to take suckers, red sides, grass pike and dog fish through the ice of said lake by use of a spear during the months of January and February of each year.
(266) SEC. 2. Any person violating any of the provisions of section one of this act, shall be deemed guilty of a misdemeanor and upon conviction thereof by any court of competent jurisdiction shall be punished by a fine not to exceed one hundred dollars or imprisonment in the county jail for a period not to exceed ninety days or by both such fine and imprisonment in the discretion of the court.
An Act to define the limits of Duncan Bay, Lake Huron, and to prohibit the taking
or catching of fish with any kind of a net, set hook line or other device except with the hook and line within such limits.
[Act 279, P. A. 1921.]
UNLAWFUL TO FISH, EXCEPT WITH HOOK AND LINE.
(267) SECTION 1. It shall be unlawful for any person to make use of any kind of a net, set hook line or other device for the purpose of taking or catching fish in the waters of Duncan Bay, Lake Huron, which within the meaning of this act shall be defined as all those waters of said Duncan Bay lying inside or northerly and easterly of a line drawn from Cheboygan outer harbor light to the most westerly end of Duncan point in section twenty-two, town thirty-eight north, range one west: Provided, That it shall be lawful to take or catch fish in these closed waters with a hook and line in accordance with the laws of this state.
(268) Sec. 2. Any person violating the provisions of this act shall be deemed guilty of a misdemeanor and upon conviction before any court of competent jurisdiction shall be fined a sum not less than fifty dollars nor more than one hundred dollars and costs of prosecution or by imprisonment in the county jail for a term not exceeding ninety days or both such fine and imprisonment in the discretion of the court.
An Act regulating the catching of fish in the waters of Grand river within the
corporate limits of the city of Grand Rapids.
[Act 280, P. A. 1921.]
T'he People of the State of Michigan enact:
UNLAWFUL TO FISH, EXCEPT WITH HOOK AND LINE.
(269) SECTION 1. No person shall use any net whatever or device of any kind, except hook and line, for the purpose of catching fish in the waters of Grand river within the corporate limits of the city of Grand Rapids.
An Act to permit the taking of suckers and red sides by seines or nets or set lines
in the waters of the Tittabawassee river and its tributaries in the county of Midland during the months of March and April of each year.
[Act 289, P. A. 1921.]
The People of the State of Michigan enact:
NETS, SET LINES, ETC., PROHIBITED, (270) SECTION 1. It shall not be unlawful to take, catch or kill suckers and red sides by the use of seines, nets or set lines, in the waters of the Tittabawassee river and its tributaries, in the county of Midland, during the months of March and April of each year.
An Act to permit the spearing of suckers in the waters of Sandstone creek and
Grand river in the county of Jackson, and the streams of Sanilac county, during the months of March and April.
[Act 119, P. A. 1921.]
The People of the State of Michigan enact:
SUCKERS PERMITTED IN CERTAIN WATERS OF JACKSON AND
(271) SECTION 1. Hereafter it shall be lawful to take suckers by means of a spear, with or without the aid of a jack or other artificial light, in the waters of Sandstone creek and Grand river in the county of Jackson, and the streams of Sanilac county, during the months of March and April, in each year.
An Act to permit the taking of certain fish by the use of a spear in Tamarack
lake, Montcalm county.
[Act 232, P. A. 1921.]
The People of the State of Michigan enact:
SPEARING THROUGH ICE IN TAMARACK LAKE.—OPEN SEASON.
(272) SECTION 1. Hereafter it shall be lawful to take through the ice by means of a spear, in Tamarack lake, Montcalm county, mullets, redsides and suckers, during the months of January and February of each year.
LAWS RELATING TO GAME.
An Act to provide for the protection of game and birds, to regulate the taking, pos
session, use and transportation of the same, to prohibit the sale thereof, to regulate the manner of hunting, pursuing and killing game or birds, to provide a penalty for the violation of any of the provisions of this act.
[Act 117, P. A. 1921.]
T'he People of the State of Michigan enact:
WILD ANIMALS AND BIRDS PROPERTY OF STATE,
(273) SECTION 1. All wild animals and wild birds, both resident and migratory (native and introduced), found in this state, are hereby declared to be the property of the state.
UNLAWFUL KILLING, TRANSPORTATION, ETC.
(274) SEC. 2. No person shall at any time of the year, or in any manner take, pursue, wound or kill any wild animal or wild bird mentioned in this act, or any introduced game animals or birds, or transport, sell, offer or expose for sale, or have the same in possession, contrary to the provisions of this act.
(275) SEC. 3. No person shall hunt with firearms or dogs or in any other manner in any public park or public game preserve at any time, excepting under a permit issued by the director of conservation. No person shall deface or destroy any notice posted on any public game preserve.
UNLAWFUL TRANSPORTATION.-INTER-STATE SHIPMENTS.—EXHIBITION, SCIENTIFIC OR
PROPAGATING PURPOSES.-NON-RESIDENT MAY CARRY AS OPEN HAND BAGGAGE.
(276) SEC. 4. No person, company or corporation shall have in possession or under control any of the birds or animals protected by the laws of this state, with intent to ship or carry the same beyond the limits of this state, nor shall ship or carry, or intentionally allow or aid in such shipment or carrying out of this state, any such birds or animals, except as expressly provided by law: Provided, That it shall be lawful to ship, and any corporation acting as a common carrier, its officers, agents or servants may lawfully ship, carry, take or transport either within or beyond the confines of this state any such animal or animals, or portion or portions thereof, which may be consigned at any station in this state to any consignee in this state, where the nearest railroad route from such shipping point to any such destination within the state, leaves the confines of the state and reenters the same: Provided further, That the director of conservation may in his discretion issue permits under the seal of his department to the owner, trustee or custodian of any animals or birds lawfully held in captivity to transport the same out of the state in exchange for animals or birds of other species desired for propagation or exhibition: Provided further, That the director of conservation may issue permits to any duly accredited agents of the United States department of agriculture, to capture, kill or ship and carry out of the state at any time of the year a limited number of specimens of the birds and animals of the state, to be used for scientific purposes: Provided further, That any non-resident hunter, who by the laws of this state is required to procure a non-resident hunter's license and who does procure same, may take from this state as open hand baggage a number of any or each of all said game birds equal to the number of said birds permitted to be killed by him under said license in a single day.
WHAT CONSIDERED GAME.
(277) SEC. 5. For the purposes of this act the following shall be considered game: Game animals, moose, elk, caribou, deer, reindeer, rabbits, and squirrels, (excepting red squirrels); game birds, the anatidae commonly known as geese, brant and wild duck; the rallidae, commonly known as rails, coots and gallinules; the limicolae, commonly known as shore birds, snipe, woodcock, plovers and sand pipers, tattlers and curlews; the gallinae, commonly known as pheasants, grouse, prairie chicken and quail. All other species of wild resident and migratory birds shall be considered non-game birds. English sparrows, black birds, crows, hawks, kingfishers and owls are not included among the birds protected by this act.
(278) SEC. 6. No person shall at any time have in possession or under control any game animal or bird of any kind caught, taken or killed outside of this state, which was caught, taken or killed at a time, in a manner or for a purpose forbidden by the laws of the state, territory or country where the same was caught, taken or killed, or which was shipped out of said state, territory or country, in violation of the laws thereof.
PERMIT FOR SCIENTIFIC AND PROPAGATING PURPOSES.-FEE. - REPORTS.-ETC.
(279) SEC. 7. The director of conservation is hereby given authority to issue permits to any person to take, capture or kill any wild animal or game bird protected by the laws of this state, when satisfied that such person desires the same exclusively for scientific or propagating purposes. Such per nit shall be in writing and shall state the number and kind to be taken, the purpose and manner of taking, and the name and place of residence of the person to whom issued, and shall be signed by the director of conservation, and have attached the seal of his de. partment. Such permit shall not be transferable and shall expire December thirtyfirst following the date of issue, and it shall be unlawful to sell or barter any of the birds or animals taken or killed under such permit. A fee of one dollar shall accompany each application, which amount shall be forwarded by the director of conservation to the state treasurer within thirty days, and by him credited to the fund of the director of conservation. The holder of such permit shall return the same, with a detailed list of all animals or birds captured, to the director of conservation. A list of the permits, issued under the provisions of this section shall be incorporated in the monthly report of the warden, and a detailed list shall be incorporated in the biennial report of the warden issuing them. Permits for the taking of non-game birds, their nests, and eggs, for scientific purposes may also be issued by the director of conservation on recommendation of the professor of ornithology of the Michigan agricultural college.
UNLAWFUL POSSESSION OF DEAD BODY. - AFTER CLOSING OF SEASON. -PRIMA FACIE
(280) Sec. 8. No person, company or corporation shall have in possession the dead body or carcass or skin or any portion thereof of any animal or bird mentioned or referred to in this act during the time when the killing of such animal or bird is unlawful, except as authorized by law, excepting specimens, heads or pelts prepared or mounted for scientific or educational purposes: Provided, however, That any person may have in his possession for thirty days after the closing of the season any game or birds lawfully killed during the open season. The injuring, killing, capturing, selling or having in possession of each animal or bird, or any part thereof, injured, captured, killed or destroyed, sold or possessed contrary to the provisions of this act, shall be a separate offense, and the person so offending shall be liable to the penalties herein provided. In all prosecutions for violations of any of the provisions of this act, proof of the possession of the dead body or carcass or skin or any portion thereof, of any animal or bird mentioned or referred to in this act, except as herein provided, at a time when the killing thereof is unlawful, shall be prima facie evidence that such animal or bird was killed at a time when the killing thereof was prohibited by law. All persons violating any of the provisions of this act whether as principal, agent, servant or employe, shall be equally liable as principal and any person or principal shall be liable for any violation of any of the provisions of this act by his agent, servant or employe acting by or under his direction or with his express or implied consent or permission.
UNLAWFUL POSSESSION OR SALE.-EGGS. — BOARD TO GRANT PERMITS.-UNLAWFUL TO SKIN
OR DESTROY IDENTITY.-REPORTS.-DISPOSITION OF FUNDS.— NOTICES,
(281) SEC. 9. No person shall kill, catch or have in possession any wild nongame bird, living or dead, or purchase, sell, offer or expose for sale, any such wild non-game bird after it has been killed or caught, except as permitted by this act, and no part of the plumage, skin or body of any non-game bird protected by this act shall be sold or had in possession for sale, and this irrespective of whether said bird was captured or killed within or without the state; and no person shall take, or destroy the eggs of any wild bird protected by law, either game or nongame, or have in possession except as permitted by law. It shall be unlawful for any person while hunting or while with a gun in his possession, to skin or otherwise destroy the identity of any bird: Provided, That this section shall not apply to any person holding a certificate giving the right to take birds, their nests or eggs, for scientific purposes as hereinafter provided. Such certificates may be granted by a board, to consist of three persons who shall be appointed annually, one by the president of the university of Michigan, one by the president of the Michigan agricultural college, and one by the president of the State normal college. Such board shall report annually on the first day of December, in writing to the governor, giving a detail of permits issued, amount of moneys received and how disbursed and any surplus over actual necessary expenses shall be turned over to the State treasurer and credited to the general fund. Such appointments shall be made on or before the fifteenth day of December, in each year, and the term of office of such appointee shall commence on the first day of January, of the year following such appointment and shall continue for one year from and after said date, last mentioned. To any person above the age of fifteen years, who shall present written testimonials from two reputable ornithologists, certifying to the good character and fitness of said applicant to be entrusted with such privilege, such permit may be issued: Provided, That but one permit be issued to any one person and then only authorizing the person holding such permit to take one pair each of the birds and one nest and one nest of eggs of the kind of birds specified in such certificate: Provided further, That the board, upon issuing such permits, shall keep a record of the same and immediately notify the director of conservation of the issuing of each permit, which notices shall state the name and age of the holder of the certificate and the kinds of birds, nests and eggs authorized to be taken and the place or places where they propose to hunt the same. A fee of one dollar shall accompany such application for certificate. Such fee of one dollar shall go to the said board to cover its necessary expenses. On proof that the holder of said certificate violated the provisions of this act and has collected for other than scientific purposes, he shall be punished upon conviction of such offense as provided in section fourteen of this act. The certificates authorized by this act shall expire on the last day of December, of the year of issuance and shall not be transferable, and shall not authorize the holder to take any blue bird or its nest, egg or (eggs), any kirtland warbler, its nest or eggs, any scarlet tanager, its nest or eggs, or any rose-breasted grosbeak, its nest or eggs: Provided, That no person shall by himself, his clerk, servant or agent, expose or keep for sale, or directly or indirectly, upon any pretense or any device, sell or barter, or in consideration of the purchase of any other property give to any person any of the birds, or any part of the birds, taken under the provisions of this section.
UNLAWFUL DEVICES.- -MOLESTING, HARASSING OR ANNOYING PROHIBITED.
(282) SEC. 10. No person or persons shall at any time make use of any pit, pitfall, deadfall, scaffold, cage, snare, trap, net, baited hook, or any similar device, or any drug, poison, chemical or explosive for the purpose of injuring, capturing or killing any birds or animals protected by the laws of this state, nor shall any person at any time or in any manner whatever, injure, destroy or rob the eggs of any bird protected by the laws of this state, molest, harass or annoy such birds upon their nests, except as herein provided: Provided, however, That said provision shall not prohibit the trapping of fur-bearing animals, as provided by law. No person shall hunt, pursue, worry or kill any wild waterfowl, or partridge or other bird or animals by any means whatever during such time as said person is upon any floating device, automobile or other contrivance propelled by, or using as motive power, steam, gas, naphtha, oil, gasoline or electricity, or when upon any sailboat. No person while in an automobile shall carry a gun or other firearm, except a pistol or revolver, unless the same be unloaded. No person shall make use of. a swivel or punt gun, or any gun of a greater size than ten gauge for the killing of any wild waterfowl or make use of any battery, sink boat or any similar device. No person shall hunt, pursue, worry or kill any wild waterfowl, save only from one-half hour before sunrise until sunset of each day of the open season for hunting and killing such wild waterfowl. It shall be unlawful for any person, directly or indirectly, to buy, sell, expose or offer for sale any game animal or game bird, or part thereof, mentioned in this act.
WHEN AND HOW MAY TRAIN OR PRACTICE DOGS.
(283) SEC. 11.
No person or persons shall molest, harass or annoy or break,