CHAPTER 389

FORMERLY

HOUSE BILL NO. 271

AS AMENDED BY HOUSE AMENDMENTS NOS. 3 AND 4

AN ACT TO AMEND CHAPTER 7, TITLE 7 OF THE DELAWARE CODE RELATING TO PENALTIES FOR VIOLATION OF CERTAIN FISH AND GAME STATUTES; PROHIBITION OF HUNTING ON SUNDAYS; SPOTLIGHTING DEER AND; PROHIBITION OF SELLING AND TRANSPORTING SKUNKS AND RACCOONS.

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 Section 744, Chapter 7, Title 7 of the Delaware Code by striking it in its entirety.

Section 2. Amend Section 1304, Chapter 13, Title 7 of the Delaware Code by striking it in its entirety and adding in lieu thereof the following new Section 1304:

"§1304. Penalty for Violation of any Game or Fish Law Except those Laws Specifying a Penalty

Any person convicted of violating any provision of Part I of Title 7 of the Delaware Code which does not specifically prescribe a penalty shall be fined not less than fifty dollars ($50.00), nor more than two hundred fifty dollars ($250.00), plus the costs of prosecution, or said person may be imprisoned for not more than thirty (30) days, or said person may be both fined and imprisoned according to the aforesaid limitations. No penalty imposed by this Section shall be suspended.

Section 3. Amend Section 714. Chapter 7, Title 7 of the Delaware Code by striking it in its entirety and adding in lieu thereof a new Section 714 as follows:

"§714. Prohibition Against Sunday Hunting

(a) On Sundays, no person shall hunt or pursue any game birds or game animals with any dog or any kind of implement which is capable of killing said game birds or game animals, except as provided in Subsection (b) of this Section.

(b) This Section shall not be applicable to trapping, training dogs or hunting red foxes with dogs."

Section 4. Amend Section 101, Chapter 1, Title 7 of the Delaware Code by adding a new Subsection (5) to read as follows:

"(5) 'Hunt' means to chase, pursue, kill, trap or take or attempt to chase, pursue, kill trap or take any form of wild bird or wild animal."

Section 5. Amend Subsection 704(e), Subchapter 1, Chapter 7, Title 7 of the Delaware Code by striking it in its entirety and reletter Subsections (f) and (g) as (e) and (f) respectively.

Section 6. Amend Subchapter 1, Chapter 7, Title 7 of the Delaware Code by adding a new Section 729 to read as follows:

'§729. Prohibiting the Use of Lights; Penalties

(a) No person or persons shall hunt or attempt to hunt at nighttime any species of wild bird or wild animal with a light including the headlights of any vehicle. Possession in a motor vehicle or conveyance of any firearms or other implements with which wild birds or wild animals may be killed, exposed within immediate reach, either loaded or unloaded, while using artificial lights, shall be prima facie evidence of the use of such firearms or other implements for hunting. Raccoons or opposums may be hunted on foot or while riding on a horse or mule at nighttime during open season with the use of a dog or light or both. Frogs may be hunted on foot at nighttime during open season with a light.

(b) No person or persons shall make use of any artificial light emanating from a vehicle and directing toward woods, fields, orchards, livestock, wild animals or birds, dwellings or buildings. The provisions of this paragraph do not apply to the normal use of headlights of a vehicle traveling on any public or private road in a normal manner, to any police, emergency or utility company vehicle using spotlights to perform their duties, or to any farmer or landowner on his own or leased land using artificial lights to check on his equipment, crops, livestock or poultry. Nor shall the provisions of this paragraph apply to the normal use of headlights of a vehicle traveling in a normal manner two hours prior to sunrise or two hours after sunset.

(c) Whoever violates this Section shall be fined not less than $100 nor more than $250 for the first offense and not less than $250 nor more than $500 for each subsequent offense. The fines imposed in this Section shall not be suspended."

Section 7. Amend Chapter 7, Title 7 of the Delaware Code by adding the following new Section 799:

"§799. Prohibition of Sale and Transportation of Live Skunks or Raccoons

No live skunks or raccoons shall be sold or possessed in this State or transported into this State for any purpose without a permit from the Division."

Section 8. Amend Subsection 704(c), Chapter 7, Title 7 of the Delaware Code by striking the phrase ", or pursue or kill the same, except frogs, raccoons, opossums, skunks, minks, and otters, with the aid of any artificial light or lantern" as the same appears in the first sentence of said Subsection and by striking the phrase "or lantern" as the same appears in the last sentence of said Subsection.

Section 9. Amend §502, Chapter 5, Title 7 of the Delaware Code by adding a new subsection to read as follows:

"Any unarmed residents participating in an organized fox hunt are exempt from the licensing requirements of this Chapter."

Section 10. Amend §507, Chapter 5, Title 7 of the Delaware Code by adding a new subsection (d) to read as follows:

"(d) Any non-residents participating in an organized fox hunt are exempt from the licensing requirement of this Chapter."

Approved July 21, 1982.