be used for the taking of whitefish, trout and yellow pickerel. Gill nets with meshes of two and three-fourths inches, exten- Gill nets. sion 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 unin- Proviso. jured fish, except herring, chubs, perch and pilot 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 except herring, chubs, perch and pilot 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, copartnership, 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, Proviso. 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 whitefish, trout, wall-eyed pike, or suckers than allowed by the provisions of this section. Gill nets with meshes of Blue back 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 below the surface of the water in waters of a depth of not less than ten fathoms wherever they will not interfere with or take whitefish or trout or any other fish protected under the laws of this state: Provided further, That gill Proviso. nets with meshes of not less than two and one-half inches may be used for the purpose of taking blue back herring from November first to December fifteenth in each year. Gill nets with meshes of not less than two and one-quarter inches may be used from January first to April first, for the taking of blue back herring only, when used under the ice and only in waters of such depth that the bottom of the net shall not be less than herring. Offenses, where tried. section two thousand two hundred forty-nine of the compiled laws of nineteen hundred fifteen, is hereby amended to read as follows: SEC. 12. The counties now existing, or which may be hereafter organized, bordering upon the shore of Lake Huron shall have jurisdiction of all offenses committed on that part of Lake Huron which lies within the limits of this state; and such offenses shall be heard and tried in either of the two counties nearest the place where the alleged offense was committed. Approved May 12, 1927. Section amended. Nets, lawful meshes of. [No. 158.] AN ACT to amend sections six, seven, nine, seventeen and twenty-three of act number one hundred fifty-nine of the public acts of nineteen hundred nineteen, entitled, as amended, "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", as amended by act number two hundred twenty-five of the public acts of nineteen hundred twenty-one, and act number one hundred twenty of the public acts of nineteen hundred twenty-three. The People of the State of Michigan enact: SECTION 1. Sections six, seven, nine, seventeen and twentythree of act number one hundred fifty-nine of the public acts of nineteeen hundred nineteen, entitled, as amended, "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," as amended by act number two hundred twenty-five of the public acts of nineteen hundred twenty-one and act number one hundred twenty of the public acts of nineteen hundred twenty-three, are hereby amended to read as follows: 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 whitefish, trout and yellow pickerel. Gill nets with meshes of two and three-fourths inches, exten- Gill nets. sion 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 unin- Proviso. jured fish, except herring, chubs, perch and pilot 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 except herring, chubs, perch and pilot 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, copartnership, 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, Proviso. 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 whitefish, trout, wall-eyed pike, or suckers than allowed by the provisions of this section. Gill nets with meshes of Blue back 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 below the surface of the water in waters of a depth of not less than ten fathoms wherever they will not interfere with or take whitefish or trout or any other fish protected under the laws of this state: Provided further, That gill Proviso. nets with meshes of not less than two and one-half inches may be used for the purpose of taking blue back herring from November first to December fifteenth in each year. Gill nets with meshes of not less than two and one-quarter inches may be used from January first to April first, for the taking of blue back herring only, when used under the ice and only in waters of such depth that the bottom of the net shall not be less than herring. Pound nets. Proviso. when may use. twenty feet from the bottom of the bay or lake. Pound nets with the pot, crib or pocket, being that part of the net in which fish are finally captured, having meshes of not less than three and one-half inches in the bottom, sides and front, extension measure, from center of knot to center of knot when fully extended, with the back having meshes of not more than two inches, extension measure, for at least fifteen feet below the surface of the water, with the lead having meshes of not less than five inches, the funnel and the heart having meshes of not less than four inches, extension measure as manufactured, may be used for taking whitefish, trout and yellow pickerel: Provided, That pound nets having meshes of not less than four inches as manufactured may be used without the use of the small mesh back above provided. Pound nets, with the front, sides and bottom of the pot, crib or pocket having meshes of not less than two and one-fourth inches and the back having meshes of not more than two inches, the funnel inside of the pot, crib or pocket two and one-fourth inches, and such part of the funnel outside of the crib or pocket with the heart and lead four inches, as manufactured, may be used for the purpose of taking pickerel, perch, herring and other rough fish where the season's catch of mature whitefish and trout does not Pound nets, exceed ten per centum per annum; and pound nets with meshes of not less than two inches, extension measure, as manufactured, in pots, cribs or pockets, may be used from October first of each year to June fifteenth of the year following for the purpose of taking herring where they do not interfere with or catch immature whitefish or trout. Seines having wings with the meshes of not less than four inches, and the pocket or bag, the bag of which shall not be more than onefourth the length of the seine, having meshes of not less than two and one-fourth inches, extension measure, as used, may be used for the purpose of taking pickerel, wall-eyed pike, perch, herring, chubs and other rough fish wherever they will not interfere with or take whitefish or trout: Provided, That seines shall not be used in any of the connecting waters of the great lakes for any purpose except for fish culture, when used by the state director of conservation or his representatives. Hoop fyke nets, gobbler nets, trap nets, finnish nets or any other kind of a net having a pocket or crib on the principle of a pound net are considered under this act to be pound nets and when used must be so set or staked as to bring a portion of the heart or pockets, by the use of an open funnel extending to and opened into the pocket or heart of the net, to the surface of the waters by means of a stake, float, rack or other device. It shall be unlawful to use in the waters of the said unlawful to lakes, bays or harbors, submarine trap nets; and any of the above kind of trap nets, hoop fyke or other specie of net when set below the surface of the water shall for the purposes of this act be deemed a submarine trap net. All gill nets as prescribed in this section shall be by extension measure, from center of knot to center of knot when fully extended as used Proviso. What considered pound nets. Submarine trap nets, use. for the purpose of taking fish. It shall be unlawful to use any gill net of a greater measurement than eleven feet in depth in any of the waters of the great lakes and the bays thereof. seasons. pickerel. SEC. 7. It shall be unlawful to take from any of the Closed waters named in this act any trout from the tenth day of October to the fourth day of November, inclusive, in each year. It shall be unlawful to take from any of the waters named in this act any whitefish from the twentieth day of November until the fifteenth day of December, inclusive, in each year. It shall be unlawful to take from any of the waters named in Yellow this act any yellow pickerel from the first day of January to the first day of April, inclusive, in each year. It shall be unlawful to take from any of the waters named in this act any suckers from the fifteenth day of April to the fifteenth day of May, inclusive, in each year. It shall be unlawful to Perch. take from any of the waters named in this act any perch from the fifteenth day of April to the fifteenth day of June, inclusive, in each year. It shall be unlawful to take from any of the waters named in this act any grass pike from the first day of April to the first day of June, inclusive, in each year. It is declared to be a violation of this act to set nets for the Setting taking of trout or whitefish before the first day of the open unlawful. season for taking said fish, and the license of any person, firm, copartnership, association or corporation shall be revoked upon conviction of unlawfully setting nets before the first day of the open season as provided in this act. Any person, firm, copartnership, association or corporation engaged in the taking of fish for commercial purposes from May fifteenth to September fifteenth under the provisions of this act shall carry sufficient ice and properly chill said fish at the time and place of their removal from the water. nets to whom SEC. 9. All persons, firms, copartnerships, associations or Spawn, corporations engaged in fishing for whitefish, trout, wall-eyed delivered. pike or perch in the waters named in this act, shall from the beginning of the spawning season for these fish, such time to be determined by test under the direction of the state director of conservation, until the beginning of the closed season provided by section seven of this act, and after the said closed season, strip all ripe fish, both male and female, save all of the spawn, properly impregnate it, and deliver it to the state director of conservation or to his representatives, at his or its fishing port, and all such persons, firms, copartnerships, associations and corporations shall have a sufficient force of men on each boat properly to save, handle, impregnate and deliver such spawn. The saving, handling, impregnating and deliver who to ing of spawn shall be done under the direction of the state director of conservation and in accordance with such regulations and under such supervision as he may prescribe: Pro- Proviso. vided, That the said state director of conservation shall not discriminate against any person, firm, copartnership, association or corporation engaged in such fishing during said closed direct. |