CHAPTER 191 - FISH, OYSTERS & GAME

AN ACT TO AMEND CHAPTER 74 OF THE REVISED CODE OF THE STATE OF DELAWARE RELATING TO FISH, OYSTERS AND GAME. REVENUE.

Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met:

Section 1. That Sec. 1 of Chapter 74, being Paragraph 2358 of the Revised Code of the State of Delaware, as amended, be and the same is hereby further amended by striking out said section and inserting in lieu thereof the following section to be styled as 2358. Sec. 1:

2358. Sec. 1. Board of Game and Fish Commissioners: Establishment; Appointment; Number; Terms of Office; Vacancies; Compensation; Expenditures; How Paid:--The Board of Game and Fish Commissioners of the State of Delaware is established and shall be known and termed as such. Said Board shall be appointed by the Governor and consist of three Commissioners, one from each of the Counties of this State, not more than two of whom, serving at the same time, shall be from one political party. The Commissioners appointed under this Section shall be appointed and commissioned for terms of six years, respectively, and their successors shall be appointed and commissioned for terms of six years, provided, however, that present members of the Board shall continue to serve during the balance of their respective terms, notwithstanding any of the provisions hereof. Any vacancy on said Board shall be filled by the Governor by appointment, and commissioned for the unexpired term in which the vacancy occurs. The members of said Board shall receive three hundred dollars a year for their services on said Board, also their expenses incurred in attending to their duties on said Board. Said Board shall have full authority to regulate its organization, proceedings and times and places of meeting. The Board is authorized to make expenditures out of funds received by it from the sale of licenses, fines and forfeitures imposed and received for violations of the Game and Fish laws of this State or from any other source, only for the following purposes:

(n) Salaries, traveling and other necessary expenses of members of the Board.

(o) Salaries, wages or other compensation, and traveling and, other necessary expenses of the employees of the Board.

(p) Wildlife protection, conservation and propagation.

(q) Purchase of upland game, waterfowl, fish or fur-bearing animals for stocking or propagation purposes and for the feeding of such birds, animals and fish and expenses incident thereto.

(r) Acquisition, lease, creation, maintenance, repairs and administration of refuges, spillways and dams for wildlife, including public hunting and fishing grounds, and for the purchase or construction of necessary buildings and structures and the repair of same;

(s) Purchase of such supplies and equipment, printing posters, hunting and fishing licenses, license buttons or tags, and such other expenditures as may be necessary or desirable for the purpose of carrying into effect the provisions of this Chapter.

Section 2. That Chapter 74 of the Revised Code of the State of Delaware be and the same hereby is amended by inserting immediately after 2358, Sec. 1, of said Chapter the following sections to be styled as 2358 A. Sec. 1A, 2358 B. Sec. 1B and 2358 C. Sec. 1C:

2358 A Sec. 1A. Definitions:--As used in this Chapter the following words and phrases are defined as follows:

The word "Board" means the Board of Game and Fish Commissioners of the State of Delaware.

The phrase "protected wildlife" means all form of game and wildlife except such as are not protected by the provisions of this Chapter.

2358 B Sec. 1B. Duties, Powers and Restrictions of Board:--It shall be the duty of the Board to protect, conserve and propagate all forms of protected wildlife of this State, and to enforce by proper actions and proceedings the laws relating thereto. The Board shall authorize such studies as may be deemed necessary to the work of the Board, and shall collect, classify and preserve such statistics, data and information as in its discretion will tend to promote the objects of this Chapter. The Board shall liberate or cause to be liberated a given number of protected wildlife, each year beginning with its fiscal year ending June, 1936, having a valuation of at least 25% of the gross income which inured to said Board during its past fiscal year. In order to determine the numbers of each species and the equitable valuation of all species to be liberated there shall be used the lowest of at least two competitive quotations if obtainable, covering such wildlife but should such quotations not be obtainable, then the Board shall estimate a fair market valuation for aforesaid purposes.

All wildlife reared or partly reared on Game Farms or refuges under the jurisdiction of the Board and liberated under the provisions of this section shall be evaluated in the same manner as if such wildlife had been purchased from outside sources, at competitive prices.

The Board also shall establish such departmental bureaus or divisions and shall authorize the employment of such competent employees as may be deemed necessary.

The Board shall not contract any indebtedness or obligations which cannot be met by funds immediately available to its use, as in this Chapter provided.

No employees of the Board shall receive or accept any fee from the sale of licenses issued by the Board.

2358 C Sec. 1C. Rules and Regulations of Board; Violation Thereof:--The Board is hereby authorized to promulgate such rules and regulations and to make such expenditures as may be necessary to accomplish the following purposes:

(t) To shorten or close seasons on any species of protected wildlife in any specified locality or localities whenever it shall find, after investigation, that such action is necessary to assure the conservation of such wildlife and the maintenance of an adequate supply thereof.

(u) To establish and to close to hunting or fishing and trapping such wildlife refuges, or any lake, stream or pond, as in its judgment may be deemed best to conserve any species of wildlife or fish.

(v) To acquire by purchase, lease or agreement, gift or devise, lands, marshes or waters suitable for the purposes hereinafter enumerated, and to maintain the same for said purposes:

1. To provide fish nursery ponds and game farms;

2. To provide lands or waters suitable for upland game, waterfowl, fish or fur-bearing animal propagation and protection;

3. To provide public hunting, fishing or other recreational grounds or waters to be used as areas in which the public may hunt, fish or camp in accordance with the provisions of law and the regulations of the Board;

4. To extend and consolidate lands, marshes or waters suitable for the above purposes by exchange of other lands or waters;

5. To capture, propagate, transport, buy or exchange any species of protected wildlife needed for stocking any lands, marshes or waters of this State.

All rules and regulations of the Board shall have the effect of law and shall be published in at least two newspapers of general circulation in the territory to be affected, at least two weeks prior to the time the rule or regulation becomes effective, except in case of an emergency when the Board shall give such advance notice as it may deem necessary or desirable.

This section shall not be construed as authorizing the Board to change any penalty for violating any game or fish law, or to change the amount of any license fee established under the provisions of this Chapter, or to issue any license not lawfully authorized, or to extend any open season or bag limit beyond the limits prescribed by either State or Federal law or regulations.

Any person violating any rule or regulation of the Board shall, upon conviction be punished by a fine of not less than ten dollars 010.00) or more than fifty. ($50.00) and costs for each offense, or by imprisonment in the county jail for a period of thirty (30) days, or by both such fine and imprisonment.

Section 3. That Section 3 of Chapter 74, being paragraph 2360 of the Revised Code of the State of Delaware, be and the same is hereby amended by striking out said section and inserting in lieu thereof the following section to be styled as 2360 Sec. 3.

2360 Sec. 3. Official Seal of Board and Use Thereof; Sale of Licenses; Employment of Wardens; Salaries of Employees; Fines and Forfeitures:--The Board shall have an official seal to authenticate all licenses, papers and documents issued by it in its official capacity; shall prescribe the form of licenses issued by it; shall collect all fees for licenses issued by it and all fines and forfeitures imposed for violations of the game and fish laws of this State; shall employ wardens and other necessary employees of the Board and fix the salaries of all such employees; shall authorize the several Justices of the Peace of this State to sell all forms of licenses provided for by this Chapter; and may in addition thereto authorize other suitable persons in each hundred of this State to sell said licenses whenever in the discretion of the Board, such authorization is necessary or desirable to effectuate a convenient distribution of such licenses. Bonds given by Justices of the Peace for the faithful performance of their duties shall include obligations in connection with the sale of licenses for this Board. The Board from time to time shall issue instructions to persons authorized to sell such licenses as to character of proof to be required of applicants as to citizenship and residence within the meaning of this Chapter. The several persons authorized to sell licenses shall be entitled to compensation from the Board at the rate of ten cents for each license issued when the charge for said license is less than five dollar's; and to a fee of twenty-five cents for each such license issued when the charge therefor is equal to or in excess of five dollars. The Board shall furnish tag or button bearing the license number in figures at least one-half inch in height, which tag or button said licensee shall display on an outer garment in such manner as to be plainly visible at all times when such license is required to be so displayed, and only the license tag or button for the current year shall be so displayed. The sale of all licenses provided by this Chapter shall be restricted to citizens of the United States and such licenses shall not be transferable.

Section 4. That Chapter 74 of the Revised Code of the State of Delaware, as amended by Chapter 193 of Volume 28, Laws of Delaware, be and the same is hereby further amended by striking out in paragraph 2360A. Sec. 3A, the words "hunting and fishing licenses" in line 6 of said section, and inserting in lieu thereof the words "licenses issued by it."

Section 5. That Chapter 74 of the Revised Code of the State of Delaware be and the same is hereby amended by striking out 2361 Section 4 of the said Chapter and inserting immediately thereafter a new section to be styled as 2361 Section 4. Accounts and Books; Open for Inspection; Annual Report; Character of Publication; Annual Audit: - All accounts and books kept by the Board shall be open at all times for inspection of all the members thereof, and the Board shall make a full and complete annual report of the official business transacted by it. Such reports shall show the number and character of licenses issued, together with all fees, fines and forfeitures collected, and all monies received from any source whatsoever; shall show the number of wardens employed and give all necessary information concerning the affairs of said Board. Such reports shall be published in pamphlet form. The records of the Board shall be subjected to a full and complete annual audit, which audit shall include the numerical license forms ordered, on hand, and sent out to the various agents of the Board, and all such license forms that have been distributed during any year must be accounted for on or before March first of the following year.

Section 6. That Section 5 of Chapter 74, being paragraph 2362 of the Revised Code of the State of Delaware, be and the same is hereby repealed.

Section 7. That Sections 14 and 15 of Chapter 74 being paragraphs 2371 and 2372, respectively, of the Revised Code of the State of Delaware, be and the same are hereby repealed.

Section 8. That Chapter 74 of the Revised Code of the State of Delaware be and the same is hereby amended by inserting immediately after 2370. Sec. 13 of said Chapter the following section to be styled as 2371. Sec. 14.

2371. Sec. 14. Revocation of License; Exceptions:--The Board may, except as otherwise provided, revoke any hunting, fishing or trapping license or any license issued by it in its official capacity and deny any person the right to secure such license or to hunt, fish or trap anywhere in this State for a period within its discretion, but in no case longer than one year, if said licensee or person has been convicted of violating any game or fish law, or if said licensee or person has been convicted in any court of record of having defaced, mutilated, destroyed or carried away notices posted by a free-holder or leaseholder or the Board, or personal property or crops of any kind on lands or waters in which such licensee or person may have been hunting, trapping or fishing, or if said licensee or person has been convicted of an offense involving carelessness in the use of firearms while hunting and thereby caused injury to any person or to poultry or livestock, or if said licensee or person has been convicted of an offense involving the unlawful setting of forest, marsh or grass fires, or if it is established to the satisfaction of the Board that said licensee, while hunting with firearms, has been in an intoxicated condition. To revoke a license then in force or to deny any person the right to secure a license or to hunt, trap or fish in this State for any period, the Board shall send a written notice to that effect to such person at his address either by registered mail or by delivery personally by a representative of said Board. The Board shall furnish in writing to all persons authorized to issue licenses, the names and addresses of all persons whose licenses have been revoked and the terms for which such licensees or persons have been denied the right to secure licenses or to hunt, trap or fish in this State, together with any other data the Board may deem necessary.

Notwithstanding anything in this Chapter provided no person who is a bonafide freeholder or leaseholder and resides on a farm in this State containing 20 acres or more and is engaged in the science of husbandry on said farm, and the immediate members of the family of such occupant who also reside on such freehold, and the resident owner of said freehold, shall not be denied the right to lawfully hunt, fish and trap on such freehold.

Section 9. That Chapter 74 of the Revised Code of the State of Delaware be and the same is hereby amended by inserting immediately after 2374. Sec. 17 of said Chapter the following section to be styled as 2374 A. Sec. 17A:

2374A. Sec. 17A. Game Animals Enumerated:--The following only shall be considered game animals; skunk, mink, raccoon, opossum, fox-squirrel, black squirrel, gray squirrel, otter, muskrat, fox, hare, rabbit, frog, deer and beaver.

Section 10. That Chapter 74 of the Revised Code of the State of Delaware be and the same is hereby amended by inserting immediately after 2378. Sec. 21 of said Chapter the following section to be styled as 2378A. Sec. 21A:

2378A. Sec. 21A. Pen or Cage Defined:--For the purpose of enforcing the provisions of this Chapter, any pen or cage located adjacent to any waterfowl shooting blind, having a covered or partly covered top, or a hinged or partly hinged top, or any other similar pen or cage that completely encloses any area or would do so if the bottom were as tight as the top, ends and sides, and one or more live decoys are kept or intended to be kept therein for use in conjunction with the hunting, capturing or killing of wild waterfowl, must have a tight stationary board or other equally strong and tight stationary bottom plainly visible during normal low tide or under otherwise normal conditions at the location of such pen or cage, and be so constructed and maintained in any and all other respects so that no species of wild waterfowl may possibly enter such pen or cage and be imprisoned of its own free will. Any such pen or cage not having a covered or partly covered top, or a hinged or partly hinged top or any other similar top, or similar part of a top, must be so constructed and maintained at all times so that the open area of the top will be equal to or greater than the area of the bottom, and said open area must not be smaller than is necessary to permit wild geese and any or all other species of wild waterfowl, to fly in and out of such pen or cage.

The construction, possession, placing, use or intended use of any other pen or cage, within the meaning of this Section shall be prima facie evidence of an offense against this Section. Any person convicted of violating any provisions of this Section shall be subjected to a fine of not less than fifty dollars nor more than one hundred dollars and costs for each offense, in addition to any and all other fines and forfeitures, if any, that may be imposed for the unlawful hunting, capturing, possession or killing of wild waterfowl.

Section 11. That Section 22A of Chapter 74, being paragraph 2379A of the Revised Code of Delaware, as amended, be and the same is hereby amended by striking out said section and inserting in lieu thereof the following section to be styled as 2379A. Sec. 22A:

2379A. Section 22A. Protection of Wild Lands and Wild Life From Fire; Exceptions:--It shall be unlawful for any person or persons to fire, or cause to be fired, any woodlot, forest or other wild land or property, material or vegetation being or growing thereon, other than brush in clearing land, either by dropping lighted matches, tobacco or other substance, or in any manner whatsoever without the consent of the owner or owners, or to start a fire or fires anywhere and permit same to spread to woodlots, forests, or other wild lands, causing damage to or destruction of such property as aforesaid; or fire or cause to be fired any marsh land in this State after the first day of March in any year; provided, however, the Board may upon application from any landowner or freeholder after due investigation, extend said time by issuing a permit to such owner or freeholder to fire marsh land after the said first day of March if it be found after such investigation that such landowner or freeholder has been prevented from firing such marshland before said time by reasons beyond his or her control.

Any person or persons who shall violate the provisions of this section upon conviction shall be subjected to a fine of not less than twenty-five dollars ($25.00) nor more than one hundred dollars ($100.00) and costs for each offense or not less than thirty (30) or more than ninety (90) days in jail--or by both such fine and imprisonment in addition to all other penalties if any, that may be imposed for any DAMAGE CAUSED by the setting of unlawful fires of any kind whatsoever.

Section 12. That Section 25A of Chapter 74, being paragraph 2382A of the Revised Code of the State of Delaware, be and the same is hereby repealed.

Section 13. That Chapter 74 of the Revised Code of the State of Delaware be and the same is hereby amended by inserting immediately after 2384A Section 27A of said Chapter the following new section to be styled 2384 B Section 27B.

2384B Sec. 27B. Possession of Game Birds, Game Animals and Game Fish; Exceptions:--It shall be unlawful to have more than two times the daily bag limit or creel limit of any game bird, game animal or game fish in his, her, or their possession at any one time when it is lawful to possess such wild life; except that nothing in this section shall apply to rabbits lawfully killed outside of this state; or to muskrat lawfully taken; or to terrapin lawfully taken and of lawful size, when it is lawful to have said animals, their meat and skins in possession.

Any person, partnership, corporation or association found guilty of violating this section shall be subjected to a fine of not less than $25.00 nor more than $100.00 and costs for each and every offense, and in addition to said fine shall be fined $5.00 for each and every game bird, game fish and game animal caught or killed illegally, purchased or offered to purchase, sold, offered for sale, barter or exchange, or taken or killed or found in possession in excess of the bag limit.

Section 14. That Chapter 74 of the Revised Code of the State of Delaware be and the same is hereby amended by inserting immediately after 2389 Sec. 32 of said chapter the following section to be styled 2389 Sec. 32:

2389 Sec. 32. Unlawful to Have Game Fish in Possession During the Closed Season or to Buy or Sell Game Birds, Game Animals, or Game Fish; Exceptions:--It shall be unlawful for any person, firm, or corporation to have in possession any game fish during the closed season for said fish, whether the same shall have been taken within or without the State of Delaware, and it shall be unlawful for any person, firm or corporation at any time of the year to barter, sell, offer for sale or buy any game birds, game animals or game fish protected by the laws of this State and killed or caught either lawfully or unlawfully within or without this State, except always the muskrat, and diamond back terrapin trade during the seasons when it is lawful to have said animals and their meat in possession and trading at any and all times in muskrat skins and other skins and in terrapins of lawful size which have been lawfully taken; provided any one person who has himself lawfully killed or trapped rabbits in the county of his residence may himself sell said rabbits within such county not exceeding the number of twenty in any one open season.

Section 15. That Section 34 of Chapter 74, being paragraph 2391 of the Revised Code of the State of Delaware, be and the same is hereby amended by striking out said section and inserting in lieu thereof the following section to be styled as 2391. Sec. 34.

2391. Sec. 34. Hunting, Fishing or Trapping Unlawfully a Misdemeanor; Penalties; Exceptions:--Any person required by this Chapter to take out a license to hunt, fish or trap, or any person required by law to take out any license issued by the Board, who does not do so, or any person who hunts, fishes or traps unlawfully, or any unnaturalized foreigner who shall carry a gun or have any firearm in his or her possession, shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be punished with a fine of not less than ten dollars nor more than fifty dollars and costs for each offense; and for every offense against this section by a non-resident or an alien the fine shall not be less than fifty dollars and costs for each offense; provided, however, that nothing in this section shall apply to aliens when lawfully hunting, fishing or trapping on their own land provided such persons actually reside on a farm in this state containing 20 acres or more and are engaged in the science of husbandry on said farm.

Any unnaturalized foreigner convicted of hunting, fishing or trapping in violation of law, in addition to any and all penalties imposed by law, shall forfeit to the Board all or any hunting, fishing or trapping equipment, or any gun, or firearms, shells and ammunition found in his or her possession at the time of his or her arrest, and such equipment shall be disposed of as said Board shall, in its discretion, direct.

Section 16. That Section 34B of Chapter 74, being paragraph 2391B of the Revised Code of the State of Delaware, be and the same is hereby repealed.

Section 17. That Section 35 of Chapter 74, being paragraph 2392 of the Revised Code of the State of Delaware, be and the same is hereby amended by striking out said section and inserting in lieu thereof the following section to be styled as 2392. Sec. 35:

2392. Sec. 35. Possession and Exhibition of License; Tag or Buttons:--Each holder of a license issued by the Board in its official capacity shall always display license, tags or buttons as lawfully directed while hunting, fishing or trapping, and shall exhibit such license, tags or buttons, upon request to any person empowered to arrest for violations of the Game and Fish Laws of this State.

Section 18. That Chapter 74 of the Revised Code of the State of Delaware be and the same is hereby amended by inserting immediately after 2392, Sec. 35 of said Chapter, the following sections to be styled as 2392A. Sec. 35A and 2392B. Sec. 35B:

2392A. Sec. 35A. Traps, Tags Upon; Muskrats Excepted:--It shall be unlawful for any person to set or make use of any kind of a metal trap whatsoever, except for the purpose of taking muskrats, without having first placed a metallic plate or tag on each trap, bearing in plain English the words "Trapping License, Delaware," and in addition thereto the number of the trapping license issued to the owner of said traps and the year of issuance thereof. The Board shall furnish upon application to any person who has secured a license in this State, or to any person who is entitled to trap without a license, not more than twenty-five suitable tags free of charge, and shall furnish upon application, additional tags at cost. Such tags shall be used only by the person to whom issued and shall not be transferable. Any person who shall set or make use of a metal trap, except for the purpose of taking muskrats, without having first placed a metallic plate or tag on each metal trap in accordance with the provisions of this section, shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not less than ten dollars nor more than fifty dollars and costs for each offense, and in addition thereto shall forfeit to the Board each trap so set or made use of, and such traps shall be disposed of as the Board, in its discretion, shall direct.

No person who shall set or make use of any trap, except for muskrats, shall permit more than twenty-four hours to elapse between visits to such trap. Violations hereof shall be punishable, upon conviction, by a fine of not less than ten dollars nor more than fifty dollars and costs for each offense.

2392B Sec. 35B. Habitat of Muskrat Defined:--For the purpose of enforcing the provisions of this Chapter, the habitat of a muskrat shall be a marsh, of any size, ordinarily subject to rise and fall of tide, a ditch, a stream, or land not suited W cultivation of crops due to a normally marshy condition. A trap set or found at any place other than such habitat shall be considered as having been set for game animals other than muskrats.

Section 19. That Section 37 of Chapter 74, being paragraph 2394 of the Revised Code of the State of Delaware, be and the same is hereby amended by striking out said section and inserting in lieu thereof the following section to be styled as 2394. Sec. 37:

2394. Sec. 37. Possession of Protected Game and Fish by Non-Residents Not Holding License a Misdemeanor; Penalty; Exceptions:--It shall be unlawful for any non-resident or an alien to have any protected game or wild-life in his or her possession who does not hold a hunting, trapping or fishing license, for game and fish, respectively, for the time during which he or she has protected game or wildlife in his or her possession unless such game or wildlife have been lawfully killed or caught out of the State and may be lawfully possessed in this State. Any person violating the provisions of this section shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be punished with a fine of not less than fifty dollars and costs for each offense; provided, however, that nothing in this section shall apply to a nonresident or alien who is a bonafide freeholder or bonafide leaseholder and actually resides on a farm in this State containing at least 20 acres of land and is engaged in the science of husbandry on said farm, and provided further that nothing in this section shall apply to the lawful inter-state transportation of protected wildlife.

Section 20. That Section 38 of Chapter 74, being paragraph 2395 of the Revised Code of the State of Delaware, be and the same is hereby amended by striking out said section and inserting in lieu thereof the following section to be styled as 2395 Sec. 38.

2395 Sec. 38. Forgery, Alteration of License, or Use of License of Another; Misdemeanor; Penalty:--Any person who shall forge or alter any license or misrepresent the facts in order to obtain any license issued by the Board in its official capacity or use the license of another, or shall permit such license to be used by another, shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall forfeit such license and be fined not less than ten dollars nor more than fifty dollars and costs for each offense and for every offense against this section by a non-resident or an alien the fine shall not be less than fifty dollars and costs for each offense. And in addition thereto for altering a license in any way shall be deemed guilty of forgery and punished accordingly.

Section 21. That Section 46 of Chapter 74, being paragraph 2403 of the Revised Code of the State of Delaware, be and the the same is hereby repealed,

Section 22. That Section 47 of Chapter 74, being paragraph 2404 of the Revised Code of the State of Delaware, be and the same is hereby repealed.

Section 23. That Section 48 of Chapter 74, being paragraph 2405 of the Revised Code of the State of Delaware, as amended, be and the same is hereby amended by striking out said section and inserting in lieu thereof the following section to be styled as 2405 Sec. 48. .

2405. Sec. 48. Violations of Sections 16 to 45; PENALTIES:--Any person convicted of having violated any of the provisions of Sections 16 to 45, inclusive, of this Chapter, for which the penalty is not specifically prescribed, shall be fined not less than ten dollars nor more than fifty dollars and costs for each offense, and for every offense against this section by a non-resident, the fine shall be not less than fifty dollars and costs and failing to pay forthwith any fine imposed under the provisions of Sections 16 to 45, inclusive, of this Chapter, together with the costs of prosecution, unless an appeal be taken, such person shall be committed to the County Jail or Workhouse of the County in which such offense was committed for thirty days, unless said fine and costs be sooner paid.

Section 24. That Section 54 of Chapter 74, being paragraph 2411 of the Revised Code of the State of Delaware, as amended, be and the same is hereby amended by striking out said section and inserting in lieu thereof the following section to be styled as 2411, Sec. 54;

2411 Section 54. Licenses Issued by the Board for Non-Residents; Fees; Exceptions:--Every non-resident of this State except as otherwise provided, must take out a license before fishing with rod, hook and line or hand line, hunting or trapping in this State.

1st. Non-residents other than aliens may lawfully fish in the Delaware River, Delaware Bay, Atlantic Ocean and Indian River Inlet without being licensed hereunder.

2nd. Non-residents or aliens who are occupants of farms in this State containing 20 acres or more who are engaged in the science of husbandry, who actually reside thereon, and the immediate members of the family of such occupants who also reside on said farm, may lawfully hunt, fish or trap on said farm without being licensed hereunder.

3d. Non-resident women other than aliens and non-resident persons other than aliens under fifteen years of age may lawfully fish in any waters of this State without being licensed hereunder when accompanied by a person who is the lawful holder of a fishing license or has a lawful right to fish.

4th. Non-residents other than aliens who are under fifteen years of age may lawfully hunt without a license in this State when accompanied by a person who is the lawful holder of a hunting license or has a lawful right to hunt.

The following license fees except as otherwise provided shall be paid to the Board or its duly constituted agents:

1st. A non-resident other than an alien for a fee of $15.50 may obtain a license to hunt and trap in this State when it is lawful to do so.

2nd. A non-resident other than an alien, for a fee of $7.50 may obtain a license to fish in the waters of this State when it is lawful to do so.

3d. A non-resident other than an alien, for a fee of $5.50 may obtain a license to hunt when it is lawful to do so during any five consecutive calendar days from date of issue of such license.

4th. A non-resident other than an alien, for a fee of $3.25 may obtain a license to fish when it is lawful to do so during any six consecutive calendar days from date of issue of such license.

Each applicant for a license shall present reasonable proof to said Board or its duly authorized agent, that he or she is a citizen of the United States, and naturalized foreign-born applicants shall produce naturalization papers.

Section 25. That Section 55 of Chapter 74, being paragraph 2412 of the Revised Code of the State of Delaware, as amended, be and the same is hereby repealed.

Section 26. That Section 56 of Chapter 74, being paragraph 2413 of the Revised Code of the State of Delaware, as amended, be and the same is hereby further amended by striking out said section and inserting in lieu thereof the following section to be styled as 2413, Sec. 56.

2413. Sec. 56. Hunting, Fishing and Trapping Licenses Issued by the Board for Residents; Exceptions; Fee:--Every resident of this State, except as otherwise provided in this. Chapter, must obtain a license before hunting and trapping and before fishing in this State, for either of which licenses such resident shall pay to the Board, or its duly constituted agents, the sum of one dollar and twenty-five cents.

1. Residents may lawfully fish in the Delaware River, Delaware Bay, Atlantic Ocean and Indian River Inlet without being licensed hereunder.

2. Residents who are occupants of farms in this State containing 20 acres or more, who actually reside thereon and the immediate members of the family of such occupant who also reside on said farm, and the resident owner of said farm, may lawfully hunt, fish and trap on said farm without being licensed hereunder.

3. Resident women and residents under fifteen years of age may lawfully fish in any waters of this State without being licensed hereunder when accompanied by a person who is the lawful holder of a fishing license or has a lawful right to fish.

4. Residents under fifteen years of age may lawfully hunt without a license in this state when accompanied by a person who is the lawful holder of a hunting license or has a lawful right to hunt.

Each applicant for a license shall present reasonable proof to said Board or its duly authorized agent that he or she is a citizen of the United States and a bonafide resident of this State, and naturalized foreign-born applicants shall produce naturalization papers.

Section 27. That Section 57 of Chapter 74, being paragraph 2414 of the Revised Code of the State of Delaware, be and the same is hereby amended by striking out said section and inserting in lieu thereof the following section to be styled as 2414 Sec. 57.

2414 Sec. 57. Licenses Issued by the Board; Scope and Term: --All licenses issued by the Board in its official capacity shall be in lieu of all other charges for such privileges and shall authorize their legal holder the privilege prescribed thereon only during the calendar year, and such licenses shall expire on the thirty-first day of December of the year they are issued except short term licenses which shall be valid only during the period prescribed on the license.

Section 28. That Chapter 74 of the Revised Code of the State of Delaware be and the same is hereby amended by inserting immediately after 2415 Sec. 58 of said chapter the following section to be styled 2415. Sec. 58:

2415, Sec. 58. Residents Defined:--For the purpose of all sections of Chapter 74 of the Revised Code of the State of Delaware, any person not an alien who has resided a year or more within this state shall be deemed to be a resident of this state.

Section 29. That Section 58A of Chapter 74, being Section 2415A of the Revised Code of the State of Delaware, be and the same is hereby repealed.

Section 30. That Chapter 74 of the Revised Code of the State of Delaware be and the same is hereby amended by inserting immediately after 2415, Sec. 58 of said Chapter, the following sections to be styled as 24154 Sec. 5#3A and 2415B, Sec. 58B.

2415A Sec. 58A. Fur Dealer's License:--Every person, firm, association or corporation must obtain a license to engage in the business of purchasing or receiving raw furs or pelts for commercial purposes within this state, except muskrat furs or pelts, for which license, he, she, or it, shall pay five dollars each year to the Board.

Any person, firm or corporation who violates any of the provisions of this section shall be deemed guilty of a misdemeanor and, upon conviction thereof shall be punished with a fine of not less than ten dollars and costs nor more than fifty dollars and costs for each and every offense.

2415B. Sec. 5813. Records of Holders of Licenses:--The holder of each fur dealer's license shall keep an accurate record of all transactions relating to the purchase and/or receipt of raw furs or pelts, which record shall contain the names and addresses of all persons from whom raw furs or pelts were purchased or received and date of receipt, and to whom raw furs or pelts were sold or delivered and date of delivery, together with the number and kind of raw furs or pelts bought or received from each of said persons and the date of receipt, the number and kind of raw furs or pelts sold or delivered to each of said persons and date of delivery, and the price paid for or received for each raw fur or pelt. Such records shall be open for inspection at all reasonable times to any person empowered to arrest for violation of the Game and Fish Laws of the State of Delaware; provided, however, that nothing in this section shall apply to the pelts or furs of muskrats.

Any person, firm or corporation who violates any of the provisions of this section shall be deemed guilty of a misdemeanor and, upon conviction thereof shall be punished with a fine of not less than ten dollars and costs nor more than fifty dollars and costs for each and every offense.

Section 31. That Section 60A of Chapter 74 being paragraph 2417A of the Revised Code of the State of Delaware, as amended, be and the same is hereby amended by striking out said section and inserting in lieu thereof the following section to be styled as 2417A, Sec. 60A.

2417A Sec. 60A. Game Refuges; Exceptions:--All State lands, except as otherwise provided, and State, County and Municipal Parks in Delaware shall be State Game Refuges and it shall hereafter be unlawful for any person to hunt upon said lands and parks or kill or injure any game therein at any time of the year.

It shall be lawful, however, to shoot and kill during the open season for same, wild duck, wild geese, brant and snipe on all State Lands bordering on the Delaware Bay, Atlantic Ocean, Indian River and Assawoman Bay.

Wild Life Refuges created under the provisions of 2358C, Sec. 1C Chapter 74 of the Revised Code of the State of Delaware shall be under the jurisdiction of the Board subject to all the rules and regulations thereof including rules and regulations covering the right to hunt and fish therein.

Section 32. That Chapter 74 of the Revised Code of the State of Delaware be and the same is hereby amended by striking out 2527 Sec. 170 and inserting in lieu thereof the following section to be styled 2527 Sec. 170,

2527 Sec. 170. Open Season; Fish:--The open season on fish in the waters named in paragraph 2526 Sec. 169 of this code and chapter, shall be as follows: Large mouth bass, small mouth bass and calico bass: from June twenty-fifth to February first, next following; pike, pickerel, and wall-eyed pike, from June twenty-fifth to March first, next following; Rainbow trout, brown trout and brook trout, from April sixteenth to August fifteenth next following; shad and sturgeon, from March first to June tenth, next following; carp, from August tenth to June first next following. The above open seasons shall include the days defining them. Any fish not protected may be taken at any time and in any way except as hereinafter provided. It shall not be lawful to have any fish named in this section in possession for more than five days after the open season of same.

Section 33. That Section 181 of Chapter 74, being paragraph 2538 of the Revised Code of the State of Delaware, be and the same is hereby repealed.

Section 34. That Section 182 of Chapter 74, being paragraph 2539 of the Revised Code of Delaware, as amended, be and the same is hereby further amended by striking out said section and inserting in lieu thereof the following section to be styled as 2539 Sec. 182.

2539 Sec. 182. Violations of Sections 169 to 179; Penalty:--Any person violating any of the provisions of Sections 169 to 179 inclusive, of this Chapter, shall be deemed guilty of a misdemeanor and upon conviction thereof, unless a specific penalty is otherwise provided, shall pay a fine of not less than ten dollars nor more than one hundred dollars, and costs for each offense and for every offense against this section by a non-resident the fine shall be not less than fifty dollars and failing to pay forthwith such fine and costs unless an appeal be taken shall be committed to jail or workhouse, of the county where the offense was committed, for thirty days unless such fine and costs be sooner paid.

Section 35. That Section 214 of Chapter 74, being section 2571 of the Revised Code of the State of Delaware, be and the same is hereby repealed.

All acts, whether general, local, special, or private, or parts of such acts, in conflict with or which are inconsistent with the provisions of this Act are hereby repealed.

Approved February 18, 1935.