CHAPTER 303

FORMERLY

HOUSE BILL NO. 472

AS AMENDED BY HOUSE AMENDMENT NO. 1

AN ACT TO AMEND CHAPTER 7, TITLE 7, DELAWARE CODE RELATING TO PROHIBITING THE OBSTRUCTION OR IMPEDING OF LAWFUL HUNTING, FISHING OR TRAPPING ACTIVITIES.

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 Title 7, Chapter 7 of the Delaware Code by creating a new section 731 thereof to read as follows:

"§731. Willful Obstruction or Impeding of Lawful HunthmFishhut or Trapping Activities

(a). No person shall willfully obstruct or impede the participation of any individual in:

(1) the lawful taking of fish, crabs, oysters, clams or frogs; or

(2) the lawful hunting of any game birds or animals; or

(3) the lawful trapping of any game animals.

(b). Whoever violates this section shall be fined not less than $100.00 nor more than $250.00 for each offense.

(c). Hunting, trapping or fishing activities while trespassing upon the private Janda of another person, persons, or corporation shalt not be considered lawful hunting activities for purposes of this section.

(d). The conduct declared unlawful in this section shall not include any incidental interference arising from lawful activities normally conducted within the general area.

(e). Justices of the peace shall have original and exclusive Jurisdiction to hear and determine violations of this section.

(f). This section shall not apply to law enforcement personnel acting in the lawful performance of their duties."

Approved June 25, 1986.