CHAPTER 138

FORMERLY

SENATE BILL NO. 196

AS AMENDED BY

SENATE AMENDMENT NOS. 1 AND 2

AN ACT TO AMEND CHAPTERS 5, 7 AND 13 OF TITLE 7, DELAWARE CODE, RELATING TO HUNTING AND TRAPPING.

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

Section 1. Amend 5552, Chapter 5, Title 7, Delaware Code, by striking such section in Its entirety and substituting in lieu thereof the following:

"5552. License Fees

A resident of Delaware shall pay to the Department a fee of $25 for a license under 5551 of this Title. A non-resident of Delaware shall pay a fee of $250 for such a license."

Section 2. Amend 5554, Chapter 5, Title 7, Delaware Code, by striking the figure "$10" as it appears therein and substituting the figure "$100" in lieu thereof, and by striking the figure "$50" as it appears therein and substituting in lieu thereof the figure "$500".

Section 3. Amend 5554, Chapter 5, Title 7, Delaware Code, by adding thereto a new sentence to read as follows:

"No fine imposed under this section shall be suspended."

Section 4. Amend 5555(a), Chapter 5, Title 7, Delaware Code, by striking the word "record" as it appears in the first and second sentences thereof and substituting in lieu thereof the word "ledger".

Section 5. Amend 5555(c), Chapter 5, Title 7, Delaware Code, by striking said section in its entirety and substituting in lieu thereof the following:

"(c) Whoever violates this section shall be fined not less than $150 nor more than $350, and costs for each offense. No fine imposed under this section shall be suspended."

Section 6. Amend 5793, Chapter 7, Title 7, Delaware Code, by striking the figures "$50" and "$100" as they appear therein and substituting in lieu thereof the figures "$100" and "$500" respectively.

Section 7. Amend 5793, Chapter 7, Title 7, Delaware Code by adding thereto a new sentence to read as follows:

"Any penalty assessed under this Chapter shall not be suspended."

Section 8. Amend 5794, Chapter 7, Title 7, Delaware Code, by striking such section in its entirety and substituting in lieu thereof the following:

"5794. Sale or Shipment of Red Fox Hides; Penalty

No red fox hide shall be sold, purchased, possessed, or exposed for sale, in this State, or shipped by freight or express, or otherwise, or taken from any place within this State to any place outside this State."

The provisions of this section as to the possession of red fox hides shall not apply to red fox hides brought into this State from another State or Country where trapping, killing or possession of red fox hide is permitted, provided the possession of such red fox hide has proof that such red fox hides originated in such other State or Country.

Whoever violates this section shall be fined not less than $100 nor more than $500 or imprisoned not more than thirty (30) days. No- penalty imposed under this section shall be suspended."

Section 9. Amend §1304, Chapter 13, Title 7, Delaware Code, by striking such section in its entirety and substituting in lieu thereof the following:

"§1304. Penalty for Violation of an Game and Fish Law Excepting Those Specifying a Penalty.

Whoever violates provisions of Part I of this Title for which the penalty is not specifically prescribed shall be fined not less than $50 nor more than $250 plus costs. No penalty imposed by this section shall be suspended. Any person who fails to pay forthwith any fine imposed under the provisions of any fish or game law of this State together with the costs of prosecution, unless an appeal Is taken, shall be imprisoned for thirty (30) days unless the fine and costs are sooner paid."

Approved July 12, 1979.