CHAPTER 62

FORMERLY

HOUSE BILL NO. 348

AS AMENDED BY HOUSE AMENDMENT NOS. 1 AND 2

AN ACT TO AMEND SUBCHAPTER I, CHAPTER 5, TITLE 7, DELAWARE CODE, RELATING TO THE ISSUANCE OF A MIGRATORY WATERFOWL STAMP.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE (Three-quarters of all members elected to each House thereof concurring therein):

Section 1. Amend Subchapter I, Chapter 5, Title 7, Delaware Code, by adding thereto a new section to be designated as §518 to read as follows:

"§518. Migratory Waterfowl Stamp; Definitions; License Fee; Earmarking of Funds; Selection of Stamp

(a) As used in this section:

(1) 'Migratory waterfowl' means a wild goose, brant or wild duck.

(2) 'Division' means the Division of Fish and Wildlife of the Department of Natural Resources and Environmental Control.

(3) 'Stamp' means the migratory waterfowl stamp provided for by this Chapter.

(b) Except as otherwise provided herein, no person may hunt or take any migratory waterfowl within this State without first procuring a Migratory Waterfowl Stamp as provided for by this Section. Such stamp must be in the possession of every person when hunting or taking any migratory waterfowl. Each stamp shall be validated by the signature of the licensee written across the face of such stamp. Such stamp shall be designed and produced in accordance with Division regulations and shall expire annually on the same date each year that all hunting licenses expire. Any person who is exempt from payment or charge for a hunting license shall also be exempt from the fee imposed by this Section. Any person who is under the age of sixteen (16) years shall be exempt from the requirements of this subsection.

(c) A stamp shall be issued to each hunting license applicant upon written request on the forms furnished by the Division and payment of a fee of Five Dollars ($5.00), together with any license agent fees imposed by this Chapter.

(d) All funds derived from the issuance of migratory waterfowl stamps shall be deposited by the Division with the State Treasurer and shall be specifically set aside and earmarked as State Duck Stamp Account to permit separate accountability for the receipt and expenditure of funds derived from the sale of State Duck Stamps.

(1) The Division shall contract annually fifty percent (50%) of the revenue collected and deposited In the State Duck Stamp Account with an appropriate non-profit organization to utilize fifty percent (50%) of the revenue collected pursuant to this Section for the development of waterfowl propagation areas in Canada from which comes substantial numbers of waterfowl migrating to and through Delaware. Before paying such revenue to any non-profit organization developing waterfowl areas, the Division shall obtain evidence, that the project is acceptable to the appropriate agency having a jurisdiction over the lands and waters affected by the project.

(2) The remaining fifty percent (50%) of the funds in the State Duck Stamp Account shall be used for the purpose of protection, preserving, restoring, enhancing and developing waterfowl habitat in Delaware.

(e) The Division is hereby granted the authority to establish, by regulation, the method for selecting appropriate designs for the migratory waterfowl stamp."

Section 2. This Act shall become effective July 1, 1980.

Approved June 8, 1979.