CHAPTER 302

FISH, OYSTERS AND GAME

DEER

AN ACT TO AMEND CHAPTER 74 OF THE REVISED CODE OF DELAWARE, 1935, AS AMENDED, ENTITLED "FISH, OYSTERS AND GAME," REGARDING THE PROTECTION OF DEER.

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 2824. Sec. 23. of said Chapter a new Code Section to be designated 2824A. Sec. 23A. as follows:

2824A. Sec. 23A. DEER PROTECTED; PENALTIES FOR VIOLATIONS:--That it shall be unlawful to catch or attempt to catch, pursue or attempt to pursue, kill or attempt to kill, or have in possession (living or dead), any deer in the State of Delaware or to purchase, sell, or expose for sale, transport or ship any such deer or any part of such deer.

Section 2. It shall be lawful for a person to possess a deer lawfully killed in another State provided the possessor thereof has proof of such lawful killing and possession, and presents the same upon demand to any officer or official of the State of Delaware. It shall also be lawful to possess deer within an enclosure in a public zoo or park.

Section 3. Any person convicted of having violated any of the provisions of this Act in the daytime between sunrise and sunset shall be deemed guilty of a misdemeanor and shall forfeit and pay a fine of One Hundred Dollars ($100.00) and costs of prosecution for each offense. Any person convicted of having violated any of the provisions of this Act between sunset and sunrise of any day or who makes use of an artificial light in doing or attempting to do anything prohibited by this Act, shall

be deemed guilty of a misdemeanor and shall forfeit and pay a fine of not less than One Hundred and Fifty Dollars ($150.00) and not more than Two Hundred and Fifty Dollars ($250.00) and costs of prosecution for each offense. Upon failure to pay forthwith any such fine so imposed under the provisions of this Act, together with costs of prosecution, such offender shall be committed to the county jail or workhouse for a period not exceeding sixty days, unless said fine and costs be sooner paid.

Approved June 29, 1949.