train or practice any dog upon any game birds or animals during their respective closed seasons: Provided, That it shall be lawful to train or practice dogs upon game birds or rabbits for fifteen days next preceding the opening of the season for hunting ruffed grouse in each year: Provided further, That under such regulations as may be made by the director of conservation, dogs entered in field trials may be trained upon game birds or rabbits for thirty days next preceding the opening of the season for hunting ruffed grouse. It shall be unlawful, however, for any person while so training dogs to have in possession any firearms.

OPEN SEASON. NUMBER MAY BE TAKEN.

(284) SEC. 12. No person shall take, kill or capture in any one day more than the following number of any of the game birds or animals mentioned in this act: Quail, five; ruffed grouse, commonly called partridge, and spruce hens, five; pinnated grouse, commonly called prairie chicken, three; Chinese ring neck pheasants, two males; black bellied and golden plover and greater and lesser yellow legs, fifteen in the aggregate of all kinds; woodcock, six; snipe and other shore birds, fifteen; geese and brant, combined, six; and ducks, twenty-five; fox squirrels, five; rabbits, seven. No person shall at any time have in possession more than the following number of any of the game birds or animals mentioned in this act: Quail, ten; ruffed grouse, commonly called partridge and spruce hens, ten in all; pinnated grouse, commonly called prairie chicken, six; Chinese ring neck pheasants, four males; black bellied and golden plover and greater and lesser yellow legs, twenty-five in the aggregate of all kinds; woodcock, twenty; snipe and other shore birds, twenty-five in all; geese and brant combined, six; ducks, fifty in all; fox squirrels, ten; rabbits, ten. No person shall kill in any calendar year more than twenty-five of any one kind of the following named game birds, to-wit: Quail, ruffed grouse, commonly called partridge, spruce hens, plover, woodcock, snipe and other shore birds, twenty-five geese and brant combined; nor more than six male Chinese ring neck pheasants; ten pinnated grouse, commonly called prairie chicken; fifteen fox squirrels; twenty-five rabbits; and not more than fifty ducks in all during one calendar week. The following provisions relating to waterfowl are modifications and regulations in accordance with the federal law:

WATERFOWL.

WOOD DUCK--Unlawful to kill.

DUCKS, GEESE AND BRANT-Open season September sixteenth to December thirty-first, inclusive.

COOTS AND GALLINULES-Open season September sixteenth to December thirtyfirst, inclusive.

BLACK BREASTED AND GOLDEN PLOVER AND YELLOW-LEGS-Open season September first to December fifteenth, inclusive.

RAILS-Open season September first to November thirtieth, inclusive. WILSON AND JACK SNIPE-Open season September sixteenth to December thirtyfirst, inclusive.

OTHER SHORE BIRDS-Protected until nineteen hundred twenty-four.

CONSIDERED GAME.-OPEN SEASON. UNLAWFUL TO KILL OR MOLEST CERTAIN KIND.

(285) SEC. 13. The following named game animals and game birds may be hunted and killed as herein provided during the periods named, which shall be the open seasons: Fox, gray and black squirrels, October fifteenth to October thirtyfirst, both inclusive; rabbits or hares, October fifteenth to December thirty-first, both inclusive: Provided, That the open season on snow-shoes, commonly known as jack rabbits, shall be from October fifteenth to March first, both inclusive; quail, Chinese ring neck pheasants, ruffed grouse, commonly called partridge, spruce hens and woodcock, October fifteenth to November twentieth, both inclusive; ducks, geese, brant, wilson or jack snipe, coots and gallinules, September sixteenth to December thirty-first, both inclusive; black breasted and golden plover and yellow legs, September first to December fifteenth, both inclusive; rails, September first

to November thirtieth, both inclusive: Provided, however, That black and gray squirrels shall not be hunted or killed until the year nineteen hundred twenty-four: Provided further, That Mongolian, Chinese, English or any other kind of pheasants, Hungarian partridge, black fowl, capercailzie, hazel grouse, spruce hens or Canadian grouse, pinnated grouse, commonly called prairie chicken, quail, wild turkey, kill-deer and wading, shore and meadow birds shall not be hunted or killed until the year nineteen hundred twenty-four, and then only at the time, in the manner and for the purpose authorized by law: Provided further, That woodduck shall not be taken until nineteen hundred twenty-four: Provided further, That blue heron, shell-drake, kittiwakes or terns and mergansers may be killed at any time when it can be shown that they are destroying brook trout or other fish in any of the waters of this state, by securing a permit to do so from the director of conservation.

PENALTY.

(286) SEC. 14. Any person or persons violating any of the provisions of this act, shall be deemed guilty of a misdemeanor, and upon conviction thereof, for the first offense shall 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 or Detroit house of correction 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 and costs of prosecution, or by imprisonment not less than sixty days nor more than one year, and in all cases when a fine and costs are imposed, the court shall sentence the offender to be confined in the county jail or Detroit house of correction until such fine and costs are paid, for any period not exceeding the maximum jail penalty provided for such offense.

An Act to prohibit the molesting of game and insectivorous birds by operators of

(287)

aircraft.

[Act 82, P. A. 1919.]

The People of the State of Michigan enact:

UNLAWFULLY USING AIRCRAFT IN PURSUING, ETC., GAME, ETC., BIRDS.

SECTION 1. It shall hereafter be unlawful for any person while in or on any aircraft to molest or pursue any game or insectivorous bird or birds.

PENALTY.

(288) SEC. 2. Any person or persons violating the provisions of this act shall be deemed guilty of a misdemeanor and, upon conviction, shall be punished by a fine not exceeding twenty-five dollars, or by imprisonment in the county jail not exceeding one month or by both such fine and imprisonment in the discretion of the court.

(289)

LANDS DECLARED FOREST RESERVE.-HUNTING OR CAMPING THEREON.

§ § 659-62. Act 299 of the public acts of 1907 withdraws from sale all Agricultural College lands situated in Alcona and Iosco counties, and declares such lands a forest reserve, under the management of the state board of agriculture, and provides, that "No person shall hunt or camp within the limits of said forest reserve without permission from the board or its agents in charge, and only so long as he complies strictly with the terms of such permit. And for any violation hereof the person so violating upon conviction thereof by any court of competent jurisdiction shall be punished by a fine of not more than one hundred dollars, or by

imprisonment in the county jail not more than ninety days, or by both such fine and imprisonment in the discretion of the court."

An Act to provide for the better protection and preservation of game, fish and furbearing animals and game birds protected by the laws of this state, to provide a method by which the taking thereof may be regulated and the open season suspended or abridged in any designated area of the state, and to provide a penalty for the violation of its several provisions. (a)

[Act 9, P. A. 1917.]

The People of the State of Michigan enact:

OPEN SEASON, POWER OF DIRECTOR TO ABRIDGE OR SUSPEND.

(290) SECTION 1. The state director of conservation shall have power to regulate the taking, and suspend or abridge the open season, of any kind of game, fish or fur-bearing animals or game birds found in a wild state in any designated area, where it becomes necessary to assist in the increase or better protection of any particular kind or species of game, fish or fur-bearing animals or birds which may be threatened from any cause with depletion or extermination, in accordance with this act.

Am. 1921, Act 156.

PETITION. SIGNATURES.-HEARING.-ETC.

(291) SEC. 2. Whenever he shall receive from any district, comprising either the whole state or any part thereof constituting a unit of one or more counties, a petition or petitions collectively bearing the signatures and addresses of twenty-five or more of the citizens of each county in said district, requesting him to give to any one or more species of game, fish or fur-bearing animals or game birds, existing in a wild state in the district in which said petitioners reside, additional protection to that afforded under the laws of this state, because of the threatened depletion or extermination of such species from any cause, the said state director of conservation shall thereupon designate a date or dates and one or more places in the district described by such petitioners, upon and at which he will hold a public hearing or hearings on the allegations of said petitioners; and he shall cause to be published three successive times in a newspaper, if any there be, printed and of general circulation in each of the counties of said district, a public notice setting forth the time and place of holding the said hearing, or each of said hearings, together with a brief statement of the grounds on which such petition or petitions were made, the last publication in each county to be at least ten days before the first of said hearings, and shall mail a copy of said notice to each of said petitioners, at the address given in said petition or petitions, at least ten days before the first of said hearings. Proof by affidavit of such newspaper publication shall be filed in the office of said commissioner.

Am. Id.

ORDER OF SUSPENSION OR ABRIDGMENT, PUBLICATION AND POSTING.

(292) SEC. 3. If after such hearing the said state director of conservation shall determine that such game, fish or fur-bearing animals or game birds, or any species of them, are in danger of extermination or depletion and require additional protection in the district designated in said petition or in any part thereof, he shall make and sign an order suspending or abridging the open season or regulating the taking, in such district or any part thereof, comprising one or more counties, as in his judgment may be required, of any or all of the species of game, fish

(a) Title Am. 1921, Act 156.

or fur-bearing animals or game birds described in said petitions and shall specify clearly the conditions relative to the taking, the limits of the districts, the portion of the said open season, and the number of years, not to exceed five, covered by said order. Such order shall be published at least thirty days before it shall take effect and at least once annually thereafter while in force, in at least one newspaper, if any there be, published in each county affected thereby and a copy thereof shall be filed in the office of the clerk of each county in said district and a copy of such order in placard form shall be furnished to the township clerk of each township in the district to be affected, and by said township clerk posted in a conspicuous place in his township. Proof by affidavit of the newspaper publication so made shall be filed in the office of said commissioner. Such order shall also be included, so long as it shall remain in force, in the authorized biennial compilation of the Michigan game and fish laws, and a placard containing said order printed in good legible type shall be displayed on the bulletin board or in some other prominent place in the court house of each county in the state: Provided, That the state conservation commission shall approve of such order before publication thereof.

Am. Id.

WHEN ORDER RESCINDED OR MODIFIED.

(293) SEC. 4. Whenever, in any district in which the open season during which any species of game, fish or fur-bearing animals or game birds may be taken shall have been suspended or abridged by order of the state director of conservation, as herein before provided, it shall appear, while said order is still in force, that the conditions existing in said district no longer demand such additional protection for such species, the said commissioner shall cause a thorough investigation to be made of such district and the conditions therein prevailing; and if from such investigation he shall be satisfied that by reason of the increase of the species of game, fish or fur-bearing animals or game birds protected by said order in said district or the removal of the cause threatening said species with depletion or extermination, the additional protection afforded by such order is no longer needed, he may, in his discretion, rescind or modify said original order; and notice of the rescinding or modifying order shall be published and placarded in the same manner as notice of the original order and filed in like manner in the offices of the clerk of each county in such district: Provided, That this act shall not be construed to suspend, abridge or regulate the open seasons established by federal or state laws for the killing or taking of wild water fowl, or for the taking of fish for commercial purposes from the waters of Lakes Superior, Michigan, Huron and Erie and the bays thereof.

Am. Id.

An Act to provide for the licensing of persons to take deer, regulating the possession and transportation of same and providing a penalty for violation of any of its provisions.

[Act 93, P. A. 1921.]

The People of the State of Michigan enact:

LICENSE TO HUNT DEER.

(294) SECTION 1. It shall not be lawful for any person to hunt for or kill deer in this state without first obtaining a license permitting him to do so.

WHO MAY PROCURE LICENSE.-AFFIDAVIT.-FEE.

(295) SEC. 2. Any person who is a citizen of the United States and has been a bona fide resident of this state for six months then last past may procure a deer

hunter's license and seal for himself, by filing his affidavit with the county clerk of the county where he resides or intends to hunt or with the director of conservation or any of his deputies stating his name, age, place of residence, post office address, the color of his hair and eyes and the fact of whether he can or cannot write his own name, and paying to said person to whom he may apply for such license and seal the sum of two dollars and fifty cents.

HOW NON-RESIDENT MAY PROCURE LICENSE.-AFFIDAVIT.—FEE.

(296) SEC. 3. Any non-resident of this state who is a citizen of the United States may procure a deer hunter's license and seal by filing his affidavit with the county clerk of the county or any of the counties in which he proposes to hunt or with the director of conservation or one of his deputies, in which affidavit the applicant shall state his name, age, place of residence, postoffice address, the color of his hair and eyes and the fact of whether he can or cannot write his own name and paying to said person to whom he shall apply for such license and seal the sum of fifty dollars.

LICENSE TO AUTHORIZE TAKING ONE MALE DEER. UNLAWFUL TO USE DOGS IN HUNTING.

(297) SEC. 4. Such licenses shall be dated when issued and shall authorize the person named therein to use firearms in hunting for or killing one male deer with antlers extending not less than three inches above the skull, from the tenth day of November to the thirtieth day of the same month, inclusive. It shall be unlawful for any person at any time to shoot or kill or attempt to shoot or kill or have in possession a female deer or any fawn found in a wild state nor shall any person pursue, hunt, kill or capture or attempt to pursue, hunt, kill or capture any deer while it is in the water or make use of an artificial light in pursuing, hunting, killing, or capturing deer or attempting to pursue, hunt, kill or capture deer, or make use of a dog in pursuing, hunting, or killing deer. Any dog pursuing, killing or following upon the track of a deer is hereby declared to be a public nuisance and may be killed at any time by any person without criminal or civil liability. The presence of a dog in the woods, hunting camp or club house during the deer hunting season shall be prima facie evidence of its unlawful use.

WHO TO ISSUE LICENSES.-RECORD.-WHEN TO BE ISSUED.

(298) SEC. 5. County clerks and the director of conservation and his deputies shall issue licenses under the seal of their office to all persons herein mentioned, complying with the provisions of this act and shall sign the same and each coupon attached thereto and shall require the person to whom the license is issued to sign his name in the margin thereof, and if such applicant shall not be able to write he shall certify such fact in the margin and have him sign by his mark and shall fill out correctly and preserve the blank stubs attached thereto: Provided, however, That no license provided for in this act shall be issued to any person earlier than twenty days immediately preceding the date fixed by law for the opening of the deer hunting season.

FEES.-HOW PAID OUT.-PAYMENT OF DEPUTY WARDENS.

(299) SEC. 6. Such county clerk shall retain out of the moneys received for each license issued the sum of twenty-five cents, which shall cover the swearing of the applicant to the affidavit herein referred to, and all other services under this act, and shall remit the balance to the state game, fish and forest fire commissioner on or before the fifteenth day of December of each year, specifying separately the amount thereof received for licenses issued to residents and non-residents. Deputy game and fish wardens who do not receive a salary from the state shall retain for their services in taking affidavit and issuing licenses, twenty-five cents, and shall remit the balance of each license sold to the state game, fish and forest fire commissioner and all such moneys received from the sale of licenses as herein provided, shall be remitted to the auditor general by the state game, fish and forest fire commissioner on the first day of each month. The auditor general shall credit