CHAPTER 295

FISH, OYSTERS AND GAME

REGARDING RESTRICTED EXPERIMENTAL, PROPAGATING AND

SHOOTING PRESERVES

AN ACT TO AMEND CHAPTER.74, OF THE REVISED CODE OF DELAWARE, 1935, AS AMENDED, ENTITLED, "FISH, OYSTERS AND GAME," REGARDING RESTRICTED EXPERIMENTAL, PROPAGATING AND SHOOTING PRESERVES, IN NEW CASTLE COUNTY, AND THE AUTHORITY OF THE BOARD WITH RESPECT THERETO.

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, as amended, be and the same is hereby further amended by adding after 2811. Sec. 10 thereof a new Code Section to be designated 2811A, Sec. 10A, as follows:

2811A, Sec. 10A. BOARD MAY ISSUE PERMITS TO AND REGULATIONS FOR RESTRICTED EXPERIMENTAL, PROPAGATING AND SHOOTING PRESERVES:--The said Board upon payment to it of a fee of Twenty-Five Dollars ($25.00) may issue annual permits, good for one calendar year, renewable annually upon the discretion of the Board for a like period upon payment of a like fee, to persons, clubs or associations, authorizing the holders thereof to carry on, in collaboration with and pursuant to regulations hereby authorized to be issued by the said Board in furtherance of the purposes of this Act, experimental propagating, holding, raising, releasing and shooting of rabbits and game birds, such as but not limited to pheasant, grouse, quail and partridge, hereinafter sometimes referred to individually or collectively as game.

Such permits shall, however, be issued only when the applicant has produced evidence satisfactory to the Board that the proposed restricted experimental game preserve will not conflict

with any reasonable prior public interest and will, in the opinion of the Board, result in a general improvement in the quantity and quality of game in other areas of the State outside of the said restricted area, due to the travel and movement of game caused by the heavy stocking of the restricted area. In addition, in order to be eligible for such permits, the proposed restricted area must contain contiguous lands under the same ownership, lease or management, aggregating not less than five hundred (500) acres, and no permit shall be granted for reservations containing an aggregate of more than one thousand (1,000) acres, nor shall more than five thousand (5,000) acres in New Castle County only of the State of Delaware be covered by such permits at any one time. Moreover, the applicant must produce evidence satisfactory to the Board that there now exists, or that the applicant will forthwith supply, sufficient cover and feed upon the property embraced by the application to adequately support game in numbers which, in the opinion of the said Board, will be beneficial generally to other areas of the State outside of the reservation. No part of this Act shall apply in any manner to Kent County or to Sussex County.

For the purpose of stimulating an increase in the quantity of game released upon such reservations, such permittee, his or its invitees or guests, when properly licensed to hunt in accordance with the laws of this State, shall be authorized to liberate upon the said reservation game which has been propagated, raised and held upon the premises, or which has been purchased by the permittee and taken upon the said premises pursuant to such permit and may kill, without regard to sex, from such liberated game not in excess of two-thirds (2/3) of the total number of each species so liberated, even though the number so killed may exceed the limits otherwise prescribed by law. It shall be the duty of the holder of any such permit to furnish to the Board, not less frequently than once a month during the shooting season, an itemized list of all game released and of all game killed during the period since the last such report, and at no time shall the quantity of game killed be in excess of two-thirds (2/3) of the total number of each species released upon said premises prior to that time.

it shall be deemed necessary to temporarily reduce the proportion of the number of game birds or rabbits killed to the proportion released, then, in that event, the Board may reduce that proportion to not less than one-half of the total number of each species so released.

All activities pursuant to such permits shall be carried on in cooperation with the said Board, and, to the extent practicable, such permittees shall assist the Board in conducting experimental breeding, propagating, feeding and care of game, and shall keep and preserve such records pertaining thereto as the Board may from time to time prescribe. All game which is released shall be marked, banded, or tagged as may be prescribed by the said Board and when so identified game killed may be transported from the preserve to the domicile of the permit holder, his or its invitee or guest. All of the activities of the holders of such permits shall be carried on at the expense of such holders and shall be without cost or obligation upon the Board of the State.

The external boundaries of all restricted areas shall be clearly defined, preferably by roads, streams or railroads, shall be fenced, except where bounded by streams, and shall be posted at intervals of not more than three hundred feet (300) with conspicuous signs not less than 11" x 16", which shall include the name of the person, club or association holding the permit and shall also include the words, "NO TRESPASSING PERMITTED--PRIVATE EXPERIMENTAL GAME AND SHOOTING PRESERVE--AUTHORIZED BY THE BOARD OF GAME AND FISH COMMISSIONERS OF THE STATE OF DELAWARE."

The shooting season upon such reservation shall be confined to the regular open season for such game, to wit: November 15th to December 31st, inclusive. Total liberations per shooting season shall be made at a ratio of not less than one male to five females of each species, except in the case of quail, which shall be liberated at a rate of approximately one male to each female.

Sundays, except during the months of March through August, inclusive.

As a condition precedent to the issuance of any permit, as prescribed by this section, the applicant shall give the Board a surety bond in the penal sum of One Thousand Dollars ($1,000.00) with corporate or individual surety satisfactory to the Board, conditioned upon compliance by the permit holder with the requirements of this Act.

All activities conducted pursuant to this section shall be subject to all of the game laws and regulations of this State, except only insofar as the same are in conflict with the express provisions of this section.

Approved June 16, 1949.