(69) § 7742. SEC. 7.

RIGHTS CONFERRED.

Licenses issued under the provisions of this act confer no fishing rights or privileges not enjoyed by residents of this state, except the right to take or ship a day's legal catch outside the state, as provided for in section five of this act.

PENALTY.

(70) § 7743. SEC. 8. Any person violating any of the provisions of this act shall upon conviction, be sentenced to pay a fine of not more than fifty dollars or be committed to the county jail for not more than thirty days or both such fine and imprisonment in the discretion of the court, and the license granted hereunder to him shall from thence henceforth be considered revoked and surrendered. Sec. 9 provided that this act should become effective January first, 1920. Sec. 10 repeals Act 329 of 1913.

SPEARING PERMITS.

An Act to regulate the spearing of cisco, white fish and carp in the inland waters of this state.

[Act 349, P. A. 1917.]

The People of the State of Michigan enact:

LICENSE TO SPEAR CISCO, WHITE FISH AND CARP.-FEE.

(71) SECTION 1. It shall not be unlawful to spear cisco, white fish and carp in the inland waters of this state by means of artificial lights from the first day of October until December thirtieth, both inclusive, in each year: Provided, That every person desirous of spearing such fish in the inland waters of this state shall first make application to the state game, fish and forest fire commissioner, or one of his deputies, for a license so to do, for which license said person shall pay the sum of one dollar per year, this fee to be forwarded to the state game, fish and forest fire commissioner, and shall be used to pay for the services of a deputy game, fish and forest fire commissioner for his constant attendance during the season before specified on waters for which such permit is given. The said licenses shall be prepared by the state game, fish and forest fire commissioner in such form as he may deem advisable: Provided, That white fish and cisco taken by authority of such permit shall not be bought or sold.

Am. 1919, Act 91.

PENALTY.

(72) SEC. 2. Any person violating any of the provisions of this act shall be guilty of a misdemeanor and upon conviction thereof shall be punished by a fine of not less than ten dollars, nor more than one hundred dollars, or by imprisonment in the county jail in the county in which the offense was committed, for a period of not less than ten days, nor more than thirty days, or by both such fine and imprisonment in the discretion of the court.

COMMERCIAL TROUT LICENSE.

An Act to authorize and regulate the possession, use, transportation and sale of brook trout and rainbow trout by persons engaged in the business of propagating and rearing such fish, and by persons who purchase fish so reared, and to provide for licensing persons engaged in such business, or either branch of the same.

[Act 170, P. A. 1905.]

The People of the State of Michigan enact:

LICENSE TO PROPAGATE TROUT, FOR SALE. HOW ISSUED.

(73) § 7631. SECTION 1. The state board of fish commissioners shall issue a license to any person, partnership or corporation who is the owner or lessee or lawfully in control of any private waters, when engaged in the business of propagating brook trout or rainbow trout for sale; also to any person, partnership or corporation engaged in the business of selling brook trout or rainbow trout propagated in such private waters or purchased from a person, partnership or corporation licensed as aforesaid. The application shall be acted upon by said board within ten days after the same shall be filed with its secretary.

For a provision relative to placing of screens in waters of private preserves, see section 41.

APPLICATION.—BOND.-LIQUIDATED DAMAGES.-RECOVERY.-LICENSE.

CERTAIN SALES PROHIBITED.

(74) § 7632. SEC. 2. Before any such license is issued, a written application therefor shall be filed in the office of said board by the person, partnership or corporation desiring such license. The application shall state the full name and postoffice address of the applicant, with a description of the premises where such business is to be conducted, a description and the location of the building where trout are to be hatched and where trout are to be sold and whether such trout are to be sold for consumption, or alive, for stocking other waters, or for both such purposes, etc. Such applicant shall also, at the time of filing such application, file with the secretary of said board a bond in the penal sum of five hundred dollars, with at least two responsible sureties, payable to the people of this state, which shall be approved by the circuit judge of the circuit in which said applicant resides; which bond shall be conditioned that the licensee shall keep, obey and perform all of the terms, conditions and requirements of this act; and if said licensee shall fail to keep, perform or obey any of the terms, conditions or requirements of this act, the makers of said bond shall be liable to pay the sum of fifty dollars as liquidated damages and full costs of suit for each and every violation of this act. Said board may maintain suits for the recovery thereof in the circuit court for the proper county, and said bond shall remain as a continuing security for payment in case of any further breach of the conditions of said bond. The license shall be attested by the corporate seal of said board and signed by the president and secretary, and shall not be transferable. No person, partnership or corporation shall sell any brook trout or rainbow trout propagated or reared in any private waters or engage in the business of selling such fish unless a license to sell the same shall have been issued by said board, as aforesaid, nor unless such license remains uncancelled and in force.

SALE OF UNDERSIZED FISH.

(75) § 7633. SEC. 3. No such fish shall be sold or transported of a size less than seven inches in length, except when such fish are sold and transported alive for the purpose of stocking other waters within or without this state: Provided, That such fish may be sold and transported within or without this state at any time under the provisions of this act and not otherwise,

SHIPMENTS.-BILL

OF LADING.-DUTY

OF

SHIPPER.-STATEMENT.

(76) § 7634. SEC. 4. No person shall sell or ship or cause to be sold or shipped or transported, and no person or corporation shall transport any such brook trout or rainbow trout, unless there shall be made, in duplicate, a bill of lading describing such shipments, signed by the carrier, or his or its agent, showing the true date of such shipment, and to which shall be attached a true invoice or bill of sale of such fish, which shall set forth approximately the number and the true aggregate weight of the fish sold, the name and residence of the seller, shipper or consignor, and of the purchaser or consignee, nor unless the package containing such fish shall be plainly marked with the name and address of the consignee, the name of the shipper, and that it contains brook trout or rainbow trout. Said package shall contain no other kind of fish whatever. The seller or shipper of such trout shall, within twenty-four hours after the sale or shipment is made as aforesaid, forward one copy of such bill of lading and invoice to the state game warden, by mail, at such place as he shall direct, or deliver the same to him in person, and the other copy to the consignee; and within six days after the receipt of such fish, if sold to a purchaser residing in this state, such purchaser or consignee shall forward the said copy of bill of lading and invoice to the state game warden by mail at such place as he shall direct, or deliver the same to him in person, together with a true statement showing whether or not said fish described therein have been sold or what other disposition has been made of the same.

SALE AT RETAIL.-SIGN TO BE PUT UP.-INVOICE TO BE EXHIBITED.

(77) § 7635. SEC. 5. No licensee shall sell at retail within this state any brook trout or rainbow trout, propagated and raised at private hatcheries, as herein provided, 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, a sign or notice, which shall contain the following words: "Brook Trout Sold Here;" nor shall such person sell such fish without having in his possession the invoice of such fish herein required to be made. Every person having such brook trout or rainbow trout for sale shall exhibit the invoice thereof whenever so requested by any one purchasing such fish, or by any person authorized to request it by the state board of fish commissioners, or by the state game and fish warden. No trout shall be sold under an invoice more than seven days old.

VIOLATION A MISDEMEANOR.—PENALTY. ENFORCEMENT OF BOND.

REVOCATION OF LICENSE.

(78) § 7636. SEC. 6. Any person, or persons, or corporation who shall ship, transport or sell brook trout or rainbow trout 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 less than ten dollars nor more than fifty dollars, or by imprisonment in the county jail not exceeding thirty days. Any fine imposed on a corporation convicted of violating any of the provisions of this act may be recovered in the name of the people of the state of Michigan in a suit at law in the circuit court for the county where such offense is committed and a recovery shall carry with it full costs of suit. A licensee under this act shall be punished by the enforcement of the terms and conditions of the bond, as provided for in section two of this act; and the state board of fish commissioners may, upon the third conviction by the circuit court of any licensee of violating the terms and conditions of his bond or of this act, revoke his or its license, and the same thereupon shall be of no effect.

COMMERCIAL FISHING IN GREAT LAKES, ETC.

An Act to regulate the taking of fish in the waters of Lakes Superior, Michigan, Huron and Erie, and the bays thereof, and the connecting waters between said lakes within the jurisdiction of this state; to regulate the transportation, sale and possession of fish taken from said waters. (a)

[Act 159, P. A. 1919.]

The People of the State of Michigan enact:

FISH PROPERTY OF STATE.

(79) SECTION 1. All fish of whatever kind found in the waters of Lakes Superior, Michigan, Huron and Erie, commonly known as the Great Lakes, and the bays thereof within the jurisdiction of this state, shall be, and are hereby declared to be, the property of the state of Michigan, and shall be taken, transported, sold and possessed only in accordance with the provisions of this act.

UNLAWFUL SETTING OF NETS.-CONNECTING WATERS DEFINED.

(80) SEC. 2. It shall be unlawful to place or set any kind of a net or attempt to take any kind of fish with a net in any of the connecting waters between Lake Superior and Lake Huron and the connecting waters between Lake Huron and Lake Erie. For the purpose of this act the connecting waters between Lake Superior and Lake Huron shall be defined as all that part of the Straits of St. Mary in this state, extending from a line drawn from Birch Point Range front light to the most westerly point of Round Island, thence following the shore of Round Island to the. most northerly point thereof, thence from the most northerly point of said Round Island to Point Aux Pins light, Ontario, to a line drawn due east and west from the most southerly point of Little Lime island; and the connecting waters of Lake Huron and Lake Erie shall be defined as all the St. Clair river and all of Lake St. Clair and all of the Detroit river extending from Fort Gratiot light in Lake Huron to a point in the lower Detroit river where the center line of Oak street, city of Wyandotte, Wayne county, Michigan, extended due east, would intersect the international boundary line.

WHERE UNLAWFUL TO SET NETS.

(81) SEC. 3. It shall be unlawful to set any net within one hundred sixty rods on either side of the mouth of any river emptying into Lakes Superior, Michigan, Huron or Erie, commonly known as the Great Lakes, or the bays thereof, navigable for vessels drawing ten feet or more, leaving an open channel of one mile in width for the free passage of fish, extending at right angles from the shore line as near as may be, two miles from shore, nor less than forty rods on either side of the mouth of any other river, or the outlet of any inland lake, leaving an open channel of eighty rods in width for the free passage of fish, extending at right angles with the shore line, as near as may be, two miles out from the shore, in which no net of any kind, or other device shall be set, placed or used for the purpose of taking fish.

WHERE UNLAWFUL TO SET NETS, SET HOOK, ETC.

(82) SEC. 4. It shall be unlawful to place or set any net, set hook or other device for the purpose of taking or catching fish, at the mouth of any river emptying into Lakes Superior, Michigan, Huron or Erie or the bays or inlets thereof, within the state of Michigan, if said river is navigable for vessels drawing ten feet or more of water, which will extend a greater distance than one mile from the shore, within one mile along the shore of either side of the thread of the river. This provision, however, shall not be construed to permit the setting of nets or set hooks within one hundred sixty rods of the mouth of any river navigable for

(a) Title Am. 1921, Act 225.

vessels drawing' ten feet or more of water, nor within forty rods on either side of the mouth of any other river or the outlet of any inland lake. For the purpose of this section the shore shall be deemed to commence at the mean or low water mark. In case of dispute as to the location of the open channel or the mean or low water mark, the same shall be determined by the state director of conservation: Provided, That it shall be lawful at all times to catch any kind of fish in these connecting waters, and from the docks, harbors, of refuge or breakwaters, with a hook and line, except black bass, brook trout, rainbow trout, American brown trout, and steelhead trout, or any other game fish protected by the laws of this state which shall only be taken or possessed in the manner and at the time specified by the laws of the state of Michigan protecting such fish.

Am. 1921, Act. 225.

WHEN LAWFUL TO USE SET HOOK LINES, ETC.

(83) SEC. 5. It shall hereafter be lawful to use in the waters of Lakes Michigan, Superior, Huron, and Erie and the bays thereof, within the jurisdiction of this state, set hook lines for the purpose of taking fish; and for the purpose of securing bait for use of baiting said hook lines, it shall be lawful to use gill nets with meshes of not less than one and one-half inches nor more than two inches when and where such nets will not take immature fish: Provided, That it shall be unlawful to market or have in possession for the purpose of marketing any fish taken in such bait nets: Provided, That all bait, fresh or old shall be taken ashore.

LAWFUL MESHES OF POUND, ETC., NETS, SEINES, ETC.-WHEN HOOP FYKE, ETC.,

NETS CONSIDERED POUND NETS.

(84) SEC. 6. It shall be unlawful for any person to use in the waters of Lakes Michigan, Superior, Huron and Erie and the bays thereof, within the jurisdiction of this state, any pound or trap net, gill net, seine or any fixed, set or movable net of any kind or description whatever, the meshes of which are different than prescribed by this section, as follows: Gill nets with meshes of not less than four and one-half inches may be used for the taking of white fish and trout. Gill nets with meshes of two and three-fourths inches, extension measure, from center of knot to center of knot when fully extended as found in use, may be used for the purpose of taking herring, chubs, perch and pilot fish, commonly called menominees, wherever and whenever they will not take to exceed ten per centum of other fish, such percentage to be determined by the state director of conservation, or any one of his deputies, by inspection of the fish taken in such nets by him or any of his representatives: Provided, That all uninjured fish shall be returned to the waters from which they were taken with as little injury as possible, by person or persons lifting the net or nets; all sound dead fish fit for food found in said nets shall be and are hereby declared to be the property of the state, and shall not be sold or disposed of or destroyed by any person, firm, co-partnership, association or corporation taking the same, but shall be dressed and brought in and delivered to the state director of conservation or his representatives at their or his fishing port, and the said immature sound dead fish shall be then disposed of by the state director of conservation for use and benefit of the people of the state of Michigan: Provided, however, That if said fish are not taken over by said state director of conservation, said fish may be retailed at a price not to exceed five cents a pound, except when a higher price is authorized by said commissioner. The state director of conservation may in his discretion pay fishermen not to exceed five cents per pound for dressing, icing, packing and shipping said fish in accordance with his instructions, to state institutions or to other designated points to be sold by said state director of conservation to the people of the state of Michigan for use only, at actual cost. Said state director of conservation is hereby given authority to remove or cause to be removed any of such nets whenever or wherever, from the inspection herein provided, he shall determine that such nets are taking more white fish, trout, wall-eyed pike, or suckers than allowed by the provisions of this section. Gill nets with meshes of not less than two and one-half inches may be used for the purpose of taking blue back herring when set not more than two fathoms