CHAPTER 205 - GAME PROVIDING FOR LICENSING OF DUCK BLINDS IN CERTAIN BAYS AND TRIBUTARIES

AN ACT TO AMEND CHAPTER 74 OF THE REVISED CODE OF DELAWARE, 1935, RELATING TO FISH, OYSTERS AND GAME BY PROVIDING FOR THE LICENSING AND REGULATIONS OF DUCK BLINDS IN THE WATERS OF REHOBOTH BAY, INDIAN RIVER AND BAY, ASSAWOMAN BAY, AND THE TRIBUTARIES THEREOF AND PRESCRIBING PENALTIES FOR VIOLATIONS.

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

Section 1. That Chapter 74 of the Revised Code of Delaware, 1935, be and the same is hereby amended by adding, after 2820. Sec. 19 thereof, a new Section to be known as 2820A. Sec. 19A, as follows:

2820A. Sec. 19A:--It shall be lawful, subject to the restrictive provisions herein contained, to erect, construct and maintain stake, brush or booby blinds, in the waters of Rehoboth Bay, Indian River and Bay, Assawoman Bay and the tributaries thereof, for the purpose of shooting migratory wild fowl.

(a) On and after July 1 of this and each succeeding year the owner, lessee or licensee of land bordering on any of said waters may make application to the Board of Game and Fish Commissioners for a license to erect, construct and maintain one or more, but not more than two, stake, brush or booby blinds in the waters in front of the property which they own, lease or license. The license fee for each blind shall be Five Dollars ($5.00) which shall accompany the application, and the application shall state that the applicant is the owner, lessee or licensee of certain property bordering on some of the above waters and shall describe the proposed location of said blind or blinds with reference to recognized land marks. The license, when issued, shall be numbered and the description reproduced thereon and said number and the name of the licensee shall at all times be displayed at the location of said blind or blinds. The Board of Game and Fish Commissioners shall keep a record of the number and location of each blind so licensed.

All blinds so licensed shall be erected or constructed by the owner, lessee or licensee of the land in front of which said blind is licensed, or the location marked by a stake with the number and name of the licensee, on or before the first day of October of the year for which said license is issued and said license shall expire on the 30th day of June following its issuance. Any such owner, lessee or licensee may, by applying and paying the fee to the Board of Game and Fish Commissioners for a renewal of a license previously granted, maintain the location of his blind or blinds from year to year, provided the application for such renewal is made on or before the 10th of October of each year following the original license.

After the first day of October of this and each succeeding year, the said Board may accept applications for licensing such blinds by persons who do not own, lease or have license to the property in front of which it is desired to erect such blinds. The application shall be the same as for owners, lessees and licensees, but shall be accompanied by a written statement, signed by the owner, lessee or licensee of the land that the applicant has permission to go on said land for the purpose of erecting and using said blind or blinds. Such license when issued shall likewise expire on the 30th day of June following its issuance, but may be renewed as hereinbefore provided unless the owner, lessee or licensee of the land shall secure a license as hereinbefore provided.

Any person who shall erect a blind in the waters referred to herein without first having obtained a license therefor, shall, upon conviction thereof, in addition to the penalty prescribed by Section 64 of this Chapter, remove any such blind within forty-eight hours or be subject to arrest and conviction for a second or additional offense.

(b) In the event that any licensed blind shall be destroyed by elements beyond the control of the licensee, it may be rebuilt within thirty days of its destruction, but otherwise the license shall expire.

(c) No stake, brush or booby blind shall be erected more than three hundred yards off shore and, if built on a river or creek less than six hundred yards wide, it shall not be built more than half way across such river or creek. No such blind shall be less than five hundred yards, measured in a straight line, from the next neighboring blind, except that when one person licenses two adjoining blinds they may be closer than five hundred yards from each other. No person shall be permitted to license more than two such blinds, but this provision shall not apply to corporations.

Any person violating any provision of this sub-section (c) shall, upon conviction, thereof, in addition to the penalty prescribed by Section 64 of this Chapter, forfeit the license or licenses granted for such blind or blinds, and shall remove any blind erected contrary to any such provision within forty-eight hours or be subject to arrest and conviction for a second or additional offense.

() It shall be unlawful for any person to use, occupy or tamper with any blind licensed to another without the written consent of said licensee.

(a) The Board of Game and Fish Commissioners shall after July 1 of this and each succeeding year transmit on the first day of each and every month thereafter to the State Treasurer all monies received by them for the granting of such licenses and the amounts so received by the State Treasurer shall be placed in the General Fund of the State of Delaware.

(b) The provisions of this Section shall not apply to any blind constructed on the shore.

Approved March 20, 1945.