Fish in great lakes, prop [No. 159.] AN ACT to preserve and perpetuate the commercial fisheries of the State; to regulate the taking of fish in the waters of Lakes Superior, Michigan, Huron and Erie and the bays thereof; to define 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; to prescribe penalties for violations of this act and to repeal act number one hundred eighty-eight of the Public Acts of eighteen hundred seventy-five, act number three hundred ninety-nine of the Local Acts of eighteen hundred ninety-five, and act number three hundred forty-two of the Public Acts of nineteen hundred seventeen. The People of the State of Michigan enact: SECTION 1. All fish of whatever kind found in the waters erty of State. 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 to net in certain connecting waters. Connecting waters defined. Open channel for fish at river mouths. SEC. 2. It shall be unlawful to place or set any kind of a net or to take 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 Pointe 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. 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. Saginaw river mouth. what provision not to permit. 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 the Saginaw river, 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 stream or at the mouth of any other river emptying into Lakes Other rivers. Superior, Huron, Michigan 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. 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 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 those points where the water shall be four feet in depth. In case of dispute as to the location of the open channel the same shall be determined by the State Game, Fish and Forest Fire Commissioner: Provided, That it shall be lawful at all Proviso, hook 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, Amer- Exceptions. ican 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. Where shore deemed to commence. Disputes as to open and line fishing. Lawful to lines. use set hook Netting for bait. 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 Proviso. market or have in possession for the purpose of marketing any fish taken in such bait nets: Provided, That all bait, fresh or Proviso. old shall be taken ashore. SEC. 6. It shall be unlawful for any person to use in the Lawful mesh waters of Lakes Michigan, Superior, Huron and Erie and the of nets. 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 Gill nets. 1921, certain mesh unlawful. nets with meshes of not less than four and one-half inches may be used for the taking of whitefish and trout; gill nets with meshes of not less than three and one-eighth inches nor more than three and one-half inches may be used in not less than sixty fathoms of water for the taking of longjaws, chubs, black fins and fat trout, commonly called ciscowets, wherever they will not interfere with or take whitefish or lake trout, After Jan. 1, until January one, nineteen hundred twenty-one. After that date the said gill nets having meshes of not less than three and one-eighth inches nor more than three and one-half inches will be unlawful to use in any of the waters of the State of Gill nets for Michigan for the taking of any kind of fish. Gill nets with herring, etc. 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 cent of wall-eyed pike, perch, suckers, whitefish or lake trout, such percentage to be determined by the State Game, Fish and Forest Fire Commissioner, or any one of his deputies, by inspection of the fish taken in such nets by him or any of Proviso, unin- his representatives: Provided, That all uninjured immature Determina tion of per cent. jured imma ture fish. Sound dead food fish, how disposed of. Proviso, when not taken over by State. 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 Game, Fish and Forest Fire Commissioner or his representatives at their or his fishing port, and the said immature sound dead fish shall be then disposed of by the State Game, Fish and Forest Fire Commissioner 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 Game, Fish and Forest Fire Commissioner, said fish may be retailed at price not to exceed five cents a pound, except when a higher price is authorized by said Commissioner. The State Game, Fish and Forest Fire Commissioner 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 Game, Fish and Forest Fire Commissioner to the people of Authority to the State of Michigan for use only, at actual cost. Said State Game, Fish and Forest Fire Commissioner 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 immature whitefish, trout, wall-eyed pike, perch or suckers than allowed Authority to buy and sell for cost. remove nets. Gill nets for blue back herring. 1 to Dec. 15. Pound nets for whitefish and trout. for pickerel, perch, etc. 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 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 nets Proviso, Nov. 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. 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, as found in use, 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 as manufactured, 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 and trout: Provided, That pound nets having Proviso. meshes of not less than four inches as found in use 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 Pound nets 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 exceed ten per cent 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 Seines for not less than four inches and the pocket or bag, the bag of which shall not be more than one-fourth 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 Proviso, used in any of the connecting waters of the great lakes for any purpose except for fish culture, when used by the State Game, Fish and Forest Fire Commissioner or his representa- What contives. 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 For herring, Oct. 1 to June 15. pickerel, pike, etc. connecting waters. sidered as pound nets. Submarine trap nets, etc., unlawful. 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 water by means of a stake, float, rack or other device. It shall be unlawful to use in the waters of the said lakes, bays or harbors, submarine trap nets; and any of the above kind of trap nets, hoop fyke or other species of net when set below the surface of the water shall for the purpose of this act be deemed a submarine trap net. All gill nets as sion measure. prescribed in this section shall be by extension measure, from center of knot to center of knot when fully extended as used for the purpose of taking fish. Gill nets to be by exten Open season for trout. SEC. 7. It shall be unlawful to take from any of the waters named in this act any trout from the tenth day of October to the eighth day of November, inclusive, in each For whitefish. year, other than provided for by section six of this act. 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 is declared to be a violation of this act to set nets for the taking of trout and whitefish before the first day of the open season for taking said fish. Violation to set nets before first day. Trout and whitefish for culture purposes. Saving and delivery of spawn to commissioner. Regulations governing. Proviso, discrimination. SEC. 8. The State Game, Fish and Forest Fire Commissioner may authorize the taking of trout and whitefish for the purpose of fish culture at any time during the open or closed season herein provided, when it is determined by test nets set under the direction of the State Game, Fish and Forest Fire Commissioner, that forty per cent of the fish taken are ripe and ready to spawn. SEC. 9. All persons, firms, co-partnerships, associations or corporations engaged in fishing for whitefish, trout or walleyed pike, 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 Game, Fish and Forest Fire Commissioner, 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 Game, Fish and Forest Fire Commissioner, or to his representatives, at his or its fishing port, and all such persons, firms, co-partnerships, 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 delivering of spawn shall be done under the direction of the State Game, Fish and Forest Fire Commissioner and in accordance with such regulations and under such supervision, as he may prescribe: Provided, That the said State Game, Fish and Forest Fire Commissioner shall not discriminate against any person, firm, co-partnership, association or corporation engaged in such fishing during said closed or open season, having a sufficient |