CHAPTER 257

RELATING TO FISHING

AN ACT TO AMEND CHAPTER 11, TITLE 7, DELAWARE CODE, RELATING TO FISHING IN CERTAIN WATERS, BY PROVIDING FOR THE ISSUANCE AND SALE OF A DELAWARE TROUT FISHING STAMP AND THE USE OF THE PROCEEDS THEREOF, REQUIRING THE PURCHASE OF SUCH A STAMP FOR FISHING IN TROUT-STOCKED WATERS, AND PROVIDING PENALTIES FOR VIOLATIONS.

Be it enacted by the General Assembly of the State of Delaware:

Section 1. Chapter 11, Title 7, Delaware Code, is hereby amended by adding before Section 1101 thereof the following heading:

SUBCHAPTER I. GENERAL PROVISIONS AND

FISHING REGULATIONS

Section 2. Chapter 11, Title 7, Delaware Code, is hereby further amended by adding after Section 1124 thereof the following subchapter:

SUBCHAPTER II FRESH WATER TROUT FISHING

§ 1125. Issuance of special trout fishing stamp

The Board of Game and Fish Commissioners shall annually issue a distinctive stamp for fresh water trout fishermen, which shall be known as the Delaware Trout Fishing Stamp.

§ 1126. Sale of stamps; applications; price

(a) Supplies of the said stamps for sale to fishermen shall be furnished to the agents and persons designated to sell hunting and fishing licenses under the provisions of Section 513 of this Title, who shall be entitled to compensation as therein provided for the sale of licenses.

(b) Applications for the purchase of the said stamps shall be in writing and signed by the applicant; they shall include such information as to the identity of the applicant and his previous season's trout catch as the Board may require.

(c) The purchase price of the said stamps shall be set by the Board annually at a figure not in excess of $2.10 for residents of Delaware and $5.25 for non-residents.

§ 1127. Stamp to be affixed to fishing license and signed in ink; permission to fish in stocked waters

The holder of a fishing license who wishes to fish for trout shall purchase a Delaware Trout Fishing Stamp, affix the same to his fishing license, and sign his name in ink across the face of said stamp; he shall then be permitted to take trout during the open season for such fish and in the manner permitted by law from the fresh waters which are stocked with trout by the Board.

§ 1128. Exception for owner or lessee of land traversed by trout-stock waters

An owner or bona fide lessee of land traversed by trout-stocked waters and members of his immediate family may fish such waters upon his land without purchasing a stamp.

§ 1129. Use of proceeds of sale of stamps

All moneys received from the sale of Delaware Trout Fishing Stamps shall be deposited at least monthly by the Board of Game and Fish Commissioners with the State Treasurer, to be by him retained until expended upon proper vouchers of the Board only for the purchase of trout for restocking those waters of the State considered suitable for such purpose or for the improvement of such waters for trout fishing.

§ 1130. Offenses; penalty

The following acts shall be offenses under this subchapter punishable by a fine of Twenty Dollars ($20.00) for each such act:

(a) To alter or change a Delaware Trout Fishing Stamp in any way

(a) To loan such a stamp to another person for use as authority to fish in trout-stocked waters;

(b) To furnish any false information as to the identity of the applicant upon the application for such a stamp ;

(c) To take or attempt to take any rainbow, brown, or brook trout from any fresh waters stocked by the Board with trout without having purchased a stamp and affixed and signed the same as provided in this subchapter, except upon lands owned or leased as provided in Section 1128 hereof ;

(d) Upon demand by any Game Warden to fail or refuse to exhibit a stamp when fishing in trout-stocked waters ; except upon lands owned or leased as provided in Section 1128.

Approved June 9, 1955.