by any means whatever in any of the inland waters of this state any brook trout from the first day of September to the first day of May following thereafter. For the purpose of this act any trout or salmon of any kind found in any of the inland waters of this state except lake or Mackinaw trout shall be declared to be brook trout without regard to the technical description or scientific name of the species. Am. 1917, Act 345; 1919, Act 260. Act 49, P. A. 1919, also amended this section, and deemed superseded by Act 260.

WHEN UNLAWFUL TO TAKE BASS AND WALL-EYED PIKE.-NUMBER OF
PICKEREL MAY TAKE.

(49) § 7657. SEC. 4. It shall be unlawful for any person or persons to take, catch or kill or attempt to take, catch or kill in any manner or by any means whatever in any of the inland waters of this state, any large or small mouth black bass, from and after the first day of March in each year up to and including the fifteenth day of June thereafter, or any wall-eyed pike from the first day of February to the first day of May thereafter, and it shall be unlawful for any person or persons to take, catch or kill, in any one day in any of the inland waters of this state more than ten pickerel.

Am. 1917, Act 106; 1919, Act 260.

NUMBER AND SIZE OF BROOK TROUT.

(50) § 7658. SEC. 5. It shall be unlawful for any person or persons to take, catch or kill in any of the inland waters of this state more than thirty-five brook trout in any one day or to take with him or have in his possession at any point away from the inland waters from which they are taken, more than fifty brook trout at any one time, or to take, catch or kill or have in his possession any brook trout of a less length than seven inches.

NUMBER AND SIZE OF BASS AND OTHER FISH.

(51) § 7659. SEC. 6. It shall be unlawful for any person or persons to take, catch or kill in any of the inland waters of this state, any large or small mouth black bags, of a less length than ten inches, or to take, catch or kill in any one day more than ten large and small mouth black bass and ten wall-eyed pike of a legal size or to have in possession at any one time more than ten large and small mouth black bass and ten wall-eyed pike and no person shall take, catch or kill, or have in possession at any time more than twenty-five of each of the following kinds of fish: Blue gills, sun fish, rock bass, white bass, calico bass and crappies, and no person shall take, catch or kill, or have in possession any blue gills or sun fish of a less length than six inches, or any rock bass, white bass, or calico bass of a less length than seven inches, or any crappies or perch of a less length than seven inches, or any wall-eyed pike of a less length than ten inches; and no person shall take, catch or kill more than thirty perch in any one day or have in possession more than fifty perch at any one time: Provided, That any person may take and have in possession an unlimited number of wall-eyed pike when taken in the waters of Detroit river, Lake St. Clair, St. Clair river and St. Mary's river: Provided further, That any person may take and have in his possession an unlimited number of perch when taken in the waters of the Great Lakes or in their connecting wates tributary thereto.

Am. 1921, Act 39.

UNLAWFUL TO BUY OR SELL CERTAIN FISH.-SIZE OF PERCH NOT TO BE SOLD.

(52) § 7660. SEC. 7. It shall be unlawful for any person or persons to purchase, buy or sell or attempt to purchase, buy or sell, any brook trout or any large or small mouth black bass, calico bass, white bass, sturgeon, blue gills, sunfish, rock bass, wall-eyed pike or crappies, at any season of the year (except wall-eyed pike legally taken with hook and line in the waters of the Detroit river, Lake St. Clair, St. Clair river and St. Mary's river,) or to have in possession any of the

kinds of fish above named during the prohibitive periods in which the taking or catching of such species is prohibited: Provided, That no perch of less length than nine inches shall be bought or sold or offered for sale.

Am. 1917, Act 345; 1919, Act 260.

UNLAWFUL POSSESSION OF NETS, EXPLOSIVES OR CERTAIN
DEVICES.

(53) § 7661. SEC. 8. It shall be unlawful for any person or persons to have in their possession upon any of the inland waters of this state or within one-half mile therefrom, any net, except dip nets not to exceed nine feet square without walls or sides for the purpose of taking mullet, grass pike, redsides and suckers, and minnow seines, as provided in section two of this act; set lines, jack or artificial light of any kind, or dynamite, giant powder or any other explosive substance or combination of substances, or any other contrivance whatsoever, the use of which is prohibited by the provisions of this act, for the purpose of taking fish.

WHERE UNLAWFUL TO TAKE BROOK TROUT.

(54) § 7662. SEC. 9. It shall be unlawful for any person or persons to take any brook trout from any private waters used by individuals for the propagation of fish, without the consent of the owner, and then only during the open season for taking such fish, as provided for in this act.

UNLAWFUL TO OBSTRUCT PASSAGE OF FISH.

(55) § 7663. SEC. 10. It shall be unlawful for any person or persons to place any obstruction or device across any race, stream or river of this state in such manner as to obstruct the free passage of fish up and down the same.

CLOSED SEASON ON BLUE GILLS, ETC., IN INLAND WATERS.

(56) SEC. 10-a. Hereafter it shall be unlawful for any person to take, catch or kill, or attempt to take, catch or kill, the following fish, in any of the inland waters of the state, from April one to June fifteen, both inclusive, namely: Blue gills and all kinds of bass: Provided, That no brook trout shall be shipped by express, freight, baggage, or in any other manner, but shall be carried as open hand baggage in such a manner as to be easily seen and inspected.

Added 1921, Act 155.

PERMIT TO TAKE FISH FOR CULTURE OR SCIENTIFIC INVESTIGATION.

(57) § 7664. SEC. 11. It shall be unlawful for any person or persons to take from any of the inland waters of this state any kind of fish in any manner for the purpose of fish culture or scientific investigation, without first obtaining a permit from the Michigan fish commission, except that persons who are operating a private fish pond may take such fish from their own ponds for the purpose of propagation, scientific investigation or sale under the provisions of act number one hundred seventy of the public acts of nineteen hundred five: Provided further, That the state game, fish and forestry warden may take from the inland waters of this state, whitefish or any other species of fish for the purpose of obtaining spawn for the fish culture or scientific investigation without securing a permit from the Michigan fish commission. All fish so taken, however, shall be taken under the supervision of a deputy of the department duly appointed for that purpose, and fish so taken may be sold to pay the expense of taking same.

EVIDENCE OF VIOLATION OF ACT.-FORFEITURE OF NETS AND LINES.

(58) § 7665. SEC. 12. In prosecutions under the provisions of this act, it shall be prima facie evidence on the part of the people of a violation of the provisions of this act to show that the defendant was found upon any of the inland

waters of this state or within one-half mile thereof, with any net, except dip net or minnow seine as provided in section eight of this act, set line, jack or artificial light of any kind, or with dynamite, giant powder or other explosive substance or combination of substances, the use of which is prohibited by the provisions of this act for the purpose of taking fish. Any net, except dip net or minnow seine as provided in section eight of this act, or set line found in possession of any person or found in any boat, boat-house or any other place on the inland waters or within one-half mile thereof shall be declared forfeited to the state to be disposed of as other confiscated property: Provided, That commercial fishermen who have licenses to fish in the great lakes may have in their possession nets for that purpose only.

PENALTY.

(59) § 7666. SEC. 13. Any person or persons who shall be found guilty of violating any of the provisions of this act shall be punished by a fine of not more than one hundred dollars and costs of prosecution and in default of the payment thereof, shall be confined in the county jail until such fine and costs shall be paid for a period of not more than ninety days. Any person or persons who shall be convicted for a second or subsequent offense when charged with such shall be fined not less than twenty-five dollars nor more than one hundred dollars, together with costs of prosecution, and in default of the payment of such fine, shall be confined in the county jail for a period of not less than thirty days nor more than ninety days.

ACTS REPEALED.

(60) § 7667. SEC. 14. All acts or parts of acts, whether general or local, which conflict with the provisions of this act are hereby repealed: Provided, however, That this act shall not be construed to repeal act number eighty-nine of the public acts of nineteen hundred eleven, as amended by act number sixty-two of the public acts of nineteen hundred thirteen or act number one hundred seventy of the public acts of nineteen hundred five.

An Act to prohibit the taking of grayling from the waters of this state.

[Act 7, P. A. Ex. Sess. 1919.]

The People of the State of Michigan enact:

UNLAWFUL TO TAKE GRAYLING.

(61) SECTION 1. It shall be unlawful for any person to take or attempt to take any grayling by any means whatever from the waters of this state.

PENALTY.

(62) SEC. 2. Any person violating the provisions of this act shall upon conviction be sentenced to pay a fine of not less than twenty-five dollars nor more than two hundred dollars or be committed to the county jail for not more than sixty days or both such fine and imprisonment in the discretion of the court.

NON-RESIDENT ANGLER'S LICENSE.

An Act to provide for an angler's license for non-residents of the state to take or catch or attempt to take or catch fish with hook and line in the lakes and streams within the jurisdiction of the state of Michigan; to provide that, licensees may take from the state one day's legal catch; to provide for the issuance of licenses and collection of fees therefor; to authorize and regulate the disbursement of license fees collected; to provide a penalty for the violation of this act, and to repeal act number three hundred twenty-nine of the public acts of nineteen hundred thirteen. (a)

[Act 263, P. A. 1915.]

The People of the State of Michigan enact:

NON-RESIDENT TO HAVE ANGLER'S LICENSE.

(63) § 7736. SECTION 1. No person over eighteen years of age who is a nonresident of the state of Michigan shall take or catch or attempt to take or catch with a hook and line in any of the lakes and streams within the jurisdiction of the state of Michigan any fish of any kind without having in his or her possession an unexpired angler's license as hereinafter provided for.

Am. 1919, Act 394; 1921, Act 384.

WHO TO ISSUE LICENSES.-HOW FURNISHED.-LIFE OF LICENSE.

DESCRIPTION OF LICENSEE.-SHIPPING COUPONS.

(64) 7737. SEC. 2. All county clerks, their deputies, all city, village or township clerks who may apply therefor, and the state game, fish and forestry warden, and his deputies, or any other proper and competent person or persons to whom the state board of fish commissioners may sell licenses in accordance with the provisions of this act, are hereby authorized to issue licenses in accordance with the provisions of this act. The state board of fish commissioners shall furnish county clerks, all city, village and township clerks who may apply therefor, and the state game, fish and forestry warden with a sufficient number of license blanks in book form; each leaf of the license book shall have printed thereon a blank form of license with stub, in duplicate, one of which shall be returned to the state board of fish commissioners and kept on file for reference. When all the conditions of this act have been complied with the license shall be issued to the applicant, which shall be his authority to fish in Michigan waters in accordance with its terms.. Licenses so issued shall be good only for the calendar year during which such licenses are issued and shall be valid anywhere in the state. Licenses shall be numbered and shall provide for the insertion of the name, age, height, color of hair and eyes, post office address and place of residence of licensee and shall bear the fac simile signature of the president of the state board of fish commissioners. There shall be attached to each non-resident general license issued, two shipping slips or coupons designated bass and trout respectively, and on each non-resident special license issued, a shipping slip or coupon designated bass in such manner or form as shall be prescribed by the state board of fish commissioners, to carry out the provisions of section five of this act.

FEES. GENERAL AND SPECIAL LICENSES.-DISPOSITION OF FEES.-
ANGLER'S LICENSE FUND.

(65) § 7738. SEC. 3. The fee for each license issued under the provisions of this act authorizing the licensee to fish for all kinds of fish shall be four dollars, which license shall be designated and known as a general license. The fee for a license to fish for all kinds of fish except grayling, land-locked salmon and all kinds of trout shall be two dollars and such license shall be designated and known as a special license. All license fees so collected shall be paid to the state board of (a) Title Am. 1919, Act 394.

fish commissioners and by them into the state treasury quarterly: Provided, That all public officials hereby authorized to issue licenses and collect license fees, may retain ten per centum of all moneys received by them for licenses issued, in full payment for their services in issuing and collecting. The state treasurer shall place all moneys received from such license fees to the credit of a fund to be known as the angler's license fund, which shall be used by the state board of fish commissioners for the purposes necessary in the propagation and distribution of fish, including the acquiring of lands, construction of ponds, buildings and equipment, and such other purposes as are authorized by act number sixty-three, public acts of eighteen hundred eighty-five.

Am. 1917, Act 175; 1919, Act 394; 1921, Act 384.

SALE OF LICENSES.-DISPOSITION OF FUNDS RECEIVED.-HOW USED.

(66) § 7739. SEC. 4. The state board of fish commissioners is authorized to sell non-resident angler's licenses provided for in this act to any proper and competent person, firm or corporation, in pads of not less than five licenses with stubs of each kind ordered: Provided, That licenses so sold shall be paid for in advance at their face value less a discount of ten per cent. Said board of fish commissioners is hereby authorized and directed to refund at actual cost price to such purchasers for all unsold licenses whenever same are returned to the office of said board. All moneys thus received from the sale of non-resident angler's licenses by said board of fish commissioners shall be turned into the state treasurer, quarterly, and by him credited up to the angler's license fund: Provided, That not to exceed three thousand dollars may be retained as a reserve fund for the purpose of refunding for unsold licenses returned. In case that the unsold licenses returned exceed the sum reserved for payment thereof, the auditor general is hereby authorized to issue his warrant or warrants upon the state treasurer for the payment of such excess upon proper proof and showing by the board of state fish commissioners; and such payment to be made from the "angler's license fund." Within sixty days after the close of each calendar year, the auditor general shall audit the books and records of the state board of fish commissioners and determine and collect the amount, if any, remaining in the reserve fund and due the state under the provisions of this section, and shall report to the state treasurer and turn over to him the moneys go collected. All revenues accruing under the provisions of this section shall be used for the same purpose as provided in section three of this act, and by the same authority.

SHIPMENT OUTSIDE OF STATE.

(67) § 7740. SEC. 5. Any person complying with the provisions of this act shall be entitled to take or ship without the limits of this state not to exceed one day's legal catch of fish as provided for by the laws of this state: Provided, There shall be attached to the package or parcel containing such fish a coupon provided for in section two of this act.

RETURN OF LICENSE BLANKS, OR STUBS.-SWORN STATEMENT.

(68) § 7741. SEC. 6. Within thirty days after the close of a calendar year each county clerk, each city, village and township clerk who shall have undertaken the issuance of licenses hereunder, and the state game, fish and forestry warden shall return to the state board of fish commissioners all unsold license blanks complete, together with one stub of each license sold by him during the preceding calendar year, together with a sworn statement showing the number of licenses received by him from the state board of fish commissioners, the number of licenses sold and the number of licenses returned unsold to the state board of fish commissioners, the amount of money paid to the state board of fish commissioners and the amount of money kept by him for fees for the sale of licenses in accordance with this act.