CHAPTER 275

FORMERLY

SENATE BILL NO. 187

AS AMENDED BY

HOUSE AMENDMENT NO. 1 AND

HOUSE AMENDMENT NO. 1 TO HOUSE AMENDMENT NO. 1

AN ACT TO AMEND TITLE 7 OF THE DELAWARE CODE UPDATING THE WILDLIFE LAWS OF THIS STATE AND ESTABLISHING A FINE SCHEDULE.

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 § 102(a), Title 7, Delaware Code, by striking the phrase "conserve and propagate" and substituting in lieu thereof the phrase "manage and conserve", and by striking the word "objects" and substituting in lieu thereof the word "objectives".

Section 2. Amend §I03(a)(2), Title 7, Delaware Code, by striking the phrase ''or fishing and trapping" and substituting in lieu thereof the phrase ", trapping and/or fishing".

Section 3. Amend §I03(b), Title 7, Delaware Code, by striking the second and third sentences. Section 4. Amend § 103(c), Title 7, Delaware Code, by striking said subsection in its entirety.

Section 5. Amend § 103(e), Title 7, Delaware Code, by striking the phrase in the first sentence "fined not less than $10 nor more than $50 and costs for each offense, or imprisoned not more than 30 days, or both" and substituting in lieu thereof the phrase "guilty of a class D environmental misdemeanor for each offense. Further amend said subsection by striking the second sentence and substituting in lieu thereof the following:

"Whoever violates any rule or regulation of the Department pertaining to deer shall be guilty of a class C environmental misdemeanor for each offense."

Section 6. Amend § 103(t), Title 7, Delaware Code, by striking said subsection in its entirety.

Section 7. Amend § 103, Title 7, Delaware Code, by redesignating subsections (d) and (e) as subsections (c) and (d), respectively.

Section 8. Amend § 105, Title 7, Delaware Code, by inserting the phrase as amended" after the citation "[I6 U.S.C.A. § 669 et seq.]'', and by striking the word "Agriculture and substituting in lieu thereof the phrase "the Interior".

Section 9. Amend § 106, Title 7, Delaware Code, by inserting the phrase "as amended" after the citation "[I6 U.S.C.A. § 777 et seq.]".

Section 10. Amend § 107, Title 7, Delaware Code, by inserting the phrase "as amended" after the citation "[16 U.S.C.A. § 777 et seq.]", and by inserting a coma "," after the phrase "fish restoration" the first time that it appears. Further amend said section by striking the coma "," as it appears between the words "restoration" and "shall", and by striking the phrase "proper vouchers for the propagation or upland game including cottontail rabbits" and substituting in lieu thereof the phrase "the fish and wildlife resources of this State in accordance with the federal guidelines to manage such fish and wildlife resources".

Section II. Amend § 108, Title 7, Delaware Code, by inserting the phrase "as amended" between the citation "[16 U.S.C.A. § 777 et seq.]" and the coma ",", and by inserting the phrase and wildlife" after the phrase "coordinated fish".

Section 12. Amend § 109, Title 7, Delaware Code, by striking the phrase "report made thereof' and substituting in lieu thereof the phrase "shall be reported".

Section 13. Amend § 110, Title 7, Delaware Code, by striking the semicolon ";" and substituting in lieu thereof a coma ",", and by striking the word "of' the first time that it appears and substituting in lieu thereof the phrase "there is".

Section 14. Amend § 113, Title 7, Delaware Code, by inserting the word to between the word "furnished" and the phrase the Department".

Section 16. Amend Chapter 3, Title 7, Delaware Code, by striking said chapter in its entirety. Section 17. Amend § 506(b), Title 7, Delaware Code, by striking the first sentence.

Section 18. Amend § 509(a)(4), Title 7, Delaware Code, by striking the phrase "Bureau of Sport Fisheries and Wildlife" and substituting in lieu thereof the phrase "United States Fish and Wildlife Service".

Section 19. Amend § 514(c), Title 7, Delaware Code, by striking the phrase "fined not less than $10 nor more than $50 and costs" and substituting in lieu thereof the phrase "guilty of a class D environmental misdemeanor".

Section 20. Amend § 515(b), Title 7, Delaware Code, by striking the phrase "fined not less than $50 and costs" and substituting in lieu thereof the phrase "guilty of a class B environmental misdemeanor".

Section 21. Amend § 516, Title 7, Delaware Code, by striking the phrase ", if a resident, be fined not less than $10 nor more than $50 and costs for each offense, and, if a nonresident or an alien, be fined not less than $50 and costs" and substituting in lieu thereof the phrase be guilty of a class B environmental misdemeanor".

Section 22. Amend § 517, Title 7, Delaware Code, by striking said section in its entirety.

Section 23. Amend § 519, Title 7, Delaware Code, by inserting the phrase "hunts or" after the word "Whoever", and by striking the phrase "pursuant to § 512 of this title shall be fined $1,000" and substituting in lieu thereof the phrase "shall be guilty of a class A environmental misdemeanor, and upon conviction, shall be denied the privilege of hunting or trapping, with or without a license, in the State for a period of 5 years, commencing with the date of conviction". Further amend said section by striking the word "Trapping" from the Title and substituting in lieu thereof the phrase "Hunting or trapping", and by striking the second sentence.

Section 24. Amend Chapter 5, Title 7, Delaware Code, by redesignating §§ 518 and 519 of Subchapter 1 as §§ 517 and 518 of Subchapter I, respectively.

Section 25. Amend Chapter 5, Title 7, Delaware Code, by striking Subchapter Il, §§ 531 through 540, in its entirety, and by redesignating Subchapters III, IV, V and VI as Subchapters Ill, IV and V, respectively.

Section 26. Amend § 552, Title 7, Delaware Code, by striking section number "551" as it appears in said section and substituting in lieu thereof section number "528".

Section 27. Amend § 554, Title 7, Delaware Code, by striking section number "551" as it appears in said section and substituting in lieu thereof section number "528", and by striking the phrase "tined not less than $100 nor more than $500, and costs, for each and every offense" and substituting in lieu thereof the phrase "guilty of a class B environmental misdemeanor for each offense". Further amend said section by striking the second sentence.

Section 28. Amend § 555(c), Title 7, Delaware Code, by striking the phrase "fined not less than $150 nor more than $350, and costs for each offense" and substituting in lieu thereof the phrase "guilty of a class C environmental misdemeanor", and by striking the second sentence.

Section 29. Amend Chapter 5, Title 7, Delaware Code, by redesignating §§ 551, 552, 553, 554 and 555 of Subchapter II as §§ 528, 529, 530, 531 and 532 of Subchapter II, respectively.

Section 30. Amend § 564, Title 7, Delaware Code, by striking the phrase "fined $10" and substituting in lieu thereof the phrase "guilty of a class D environmental misdemeanor".

Section 31. Amend Chapter 5, Title 7, Delaware Code, by redesignating §§ 561, 562, 563 and 564 of Subchapter III as §§ 542, 543, 544 and 545 of Subchapter III, respectively.

Section 32. Amend § 572, Title 7, Delaware Code, by striking said section in its entirety.

Section 33. Amend Chapter 5, Title 7, Delaware Code, by redesignating § 571 of Subchapter IV as § 555 of Subchapter IV.

Section 34. Amend § 583, Title 7, Delaware Code, by striking subsection (b) in its entirety, and by designating subsection (a) as the section thereof. Further amend said section by striking the semicolon and word "; bond" from the Title.

Section 35. Amend § 584, Title 7, Delaware Code, by striking said section in its entirety.

Section 36. Amend § 585(a), Title 7, Delaware Code, by striking the phrase from such liberated game not in excess of two thirds of the total number of each species so liberated, even though the number so killed may exceed" and substituting in lieu thereof the phrase "any number of such game so liberated, even if the number exceed?.

Section 37. Amend § 585, Title 7, Delaware Code, by striking subsections (b) and (c) in their entirety and designating subsection (a) as the section thereof. Further amend said section by striking the phrase'; regulations governing" from the Title and substituting in lieu thereof the word "and".

Section 38. Amend § 587, Title 7, Delaware Code, by striking said section in its entirety.

Section 39. Amend § 589, Title 7, Delaware Code, by striking the phrase "fined not less than $100 nor more than $200 for each offense" and substituting in lieu thereof "guilty of a class B environmental misdemeanor".

Section 40. Amend Chapter 5, Title 7, Delaware Code by redesignating §§ 581, 582, 583, 585, 586, 588 and 589 of Subchapter V as §§ 565, 566, 567, 568, 569, 570 and 571 of Subchapter V, respectively.

Section 42. Amend Chapter 6, Title 7, Delaware Code, by adding thereto a new section to read as follows:

"§ 605. Penalty.

Whoever violates this chapter shall be guilty of a class A environmental misdemeanor for each offense."

Section 43. Amend § 703, Title 7, Delaware Code, by striking paragraphs (I), (2), (3), (4), (6), (7), (8), (9), (10) and (12), and by redesignating paragraphs (5) and (II) as paragraphs (1) and (2), respectively. Further amend said section by striking the phrase "any of the following birds and animals" as it appears in the first paragraph and substituting in lieu thereof the phrase "muskrat or red fox". Further amend said section by striking the Title and substituting in lieu thereof the following.

"§ 703. Open season for muskrat and red fox."

Section 44. Amend § 704, Title 7, Delaware Code, by striking subsection (e) and redesignating subsection (f) as subsection (e).

Section 45. Amend § 705, Title 7, Delaware Code, by striking said section in its entirety.

Section 46. Amend § 706, Title 7, Delaware Code, by striking the second sentence and substituting in lieu thereof the following:

"Whoever violates this section shall be guilty of a class C environmental misdemeanor for each offense."

Section 47. Amend § 708(b), Title 7, Delaware Code, by striking the phrase "fined not less than $25 nor more than $50" and substituting in lieu thereof the phrase "guilty of a class C environmental misdemeanor", and by striking the phrase "fined not less than $50 nor more than $100" and substituting in lieu thereof the phrase "guilty of a class B environmental misdemeanor". Further amend said subsection by striking the third sentence.

Section 48. Amend § 708, Title 7, Delaware Code, by striking the semicolon and word "; jurisdiction" from the Title, and by striking subsection (c) in its entirety.

Section 49. Amend § 710, Title 7, Delaware Code, by striking the phrase "1 hour" each time that it appears and substituting in lieu thereof the phrase "a half an how'.

Section 50. Amend § 711, Title 7, Delaware Code, by striking the phrase "fined $20 for each offense" and substituting in lieu thereof the phrase "guilty of a class C environmental misdemeanor".

Section 51. Amend § 712(b), Title 7, Delaware Code, by striking said subsection in its entirety and substituting in lieu thereof the following:

"(b) Whoever violates this section shall be guilty of a class C environmental misdemeanor."

Section 52. Amend § 713, Title 7, Delaware Code, by striking said section in its entirety.

Section 53. Amend § 715(c), Title 7, Delaware Code, by striking the phrase "fined not less than $25 nor more than $100, and costs, for each offense, or imprisoned not less than 30 nor more than 90 days, or both," and substituting in lieu thereof the phrase "guilty of a class C environmental misdemeanor for each offense". Further amend said subsection by striking the coma "," as it appears after the word "penalty".

Section 54. Amend §§ 716, 717, 718 and 719, Title 7, Delaware Code, by striking said sections in their entirety.

Section 55. Amend § 720, Title 7, Delaware Code, by striking said section in its entirety and substituting in lieu thereof the following:

"§ 720. Trespassing; penalty.

Whoever enters upon the lands or waters of another within this State, without first obtaining permission to do so from the owner or lessee, for the purpose of hunting, trapping or fishing, shall be guilty of a class C environmental misdemeanor."

Section 56. Amend § 721(a), Title 7, Delaware Code, by striking the second sentence.

Section 57. Amend § 721(d), Title 7, Delaware Code, by striking said subsection in its entirety and substituting in lieu thereof the following:

"(d) Whoever violates this section shall be guilty of a class C

environmental misdemeanor for each offense. In addition to being fined and/or imprisoned, he or she shall be fined $5 for each game bird, game fish and game animal caught or killed illegally, purchased or offered to purchase, sold, offered for sale, bartered or exchanged, or taken or killed or found in possession in excess of the bag limit."

Section 58. Amend § 722, Title 7, Delaware Code, by striking subsections (a) and (b) in their entirety and substituting in lieu thereof the following:

Any person required by this Title to obtain a license before hunting, trapping or fishing in this State and who hunts, traps or fishes without having obtained such license shall be guilty of a class C environmental misdemeanor."

Section 59. Amend § 723, Title 7, Delaware Code, by striking the phrase "fined not less than $25, nor more than $100, together with costs" and substituting in lieu thereof the phrase "guilty of a class C environmental misdemeanor.

Section 60. Amend § 724, Title 7, Delaware Code, by striking said section in its entirety.

Section 61. Amend § 725(c), Tide 7, Delaware Code, by striking the phrase ", upon conviction shall be fined not less than $10 nor more than $100" and substituting in lieu thereof the phrase "shall be guilty of a class D environmental misdemeanor.

Section 62. Amend § 725(d), Title 7, Delaware Code, by striking said subsection in its entirety.

Section 63. Amend § 726(c), Title 7, Delaware Code, by striking said subsection in its entirety and substituting in lieu thereof the following:

"(c) Whoever violates this section shall be guilty of a class C environmental misdemeanor."

Section 64. Amend § 727, Title 7, Delaware Code, by striking section numbers "708, 709 and 726" as they appear in said section and substituting in lieu thereof section numbers "707, 708 and 71V.

Section 65. Amend § 728, Title 7, Delaware Code, by striking the phrase "fined not less than $250 nor more than $500 for the first offense and not less than $500 nor more than $1,000 for each subsequent offense" and substituting in lieu thereof the phrase "guilty of a class B environmental misdemeanor for each offense", and by striking the second sentence.

Section 66. Amend § 729(c), Title 7, Delaware Code, by striking the phrase "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" and substituting in lieu thereof the phrase "guilty of a class B environmental misdemeanor, and by striking the second sentence.

Section 67. Amend § 730(d), Title 7, Delaware Code, by striking said subsection in its entirety and substituting in lieu thereof the following:

"(d) Whoever violate's this section shall be guilty of a class C environmental misdemeanor."

Section 68. Amend § 731(b), Title 7, Delaware Code, by striking the phrase "fined not less than $100 nor more than $250" and substituting in lieu thereof the phrase "guilty of a class B environmental misdemeanor".

Section 69. Amend § 73I(c), Title 7, Delaware Code, by inserting the phrase ", trapping or fishing" immediately after the phrase "lawful hunting".

Section 70. Amend § 731, Title 7, Delaware Code, by striking subsection (e) in its entirety and by redesignating subsection (I) as subsection (e).

Section 71. Amend Chapter 7, Title 7, Delaware Code by redesignating §§706, 707, 708, 709, 710, 711, 712, 714, 715, 720, 721, 722, 723, 725, 726, 727, 728, 729, 730 and 731 of Subchapter I as §§ 705, 706, 707, 708, 709, 710, 711, 712, 713, 714, 715, 716, 717, 718, 719, 720, 721, 722, 723 and 724 of Subchapter I, respectively.

Section 72. Amend § 745, Title 7, Delaware Code, by striking section numbers "741, 742 and 743" as they appear in the Title and in said section and substituting in lieu thereof section numbers "734, 735 and 736".

Section 73. Amend § 746, Title 7, Delaware Code, by striking the second sentence and substituting in lieu thereof the following:

"Whoever violates this section shall be guilty of a class D environmental misdemeanor for each offense."

Section 74. Amend § 747(a), Title 7, Delaware Code, by striking the phrase "fined not more than $500, together with costs, or be imprisoned for 50 days or both" and substituting in lieu thereof the phrase "guilty of a class A environmental misdemeanor".

Section 75. Amend § 747(b), Title 7, Delaware Code, by striking the phrase "fined $1,000, together with costs, or imprisoned 100 days or both" and substituting in lieu thereof the phrase "guilty of a class A environmental misdemeanor".

Section 76. Amend § 747(c), Title 7, Delaware Code, by striking the phrase "fined $1,000, together with costs, or imprisoned 100 days or both" and substituting in lieu thereof the phrase "guilty of a class A environmental misdemeanor".

Section 77. Amend Chapter 7, Title 7, Delaware Code, by redesignating §§ 741, 742, 743, 745, 746, 747 and 748 of Subchapter II as §§ 734, 735, 736, 737, 738, 739 and 740 of Subchapter II, respectively.

Section 78. Amend § 762, Title 7, Delaware Code, by adding to the end of said section the following:

"Whoever violates this section shall be guilty of a class D environmental misdemeanor for each offense."

Section 79. Amend § 763(b), Title 7, Delaware Code, by striking the phrase ", for each and every offense, be fined not more than $5, and in default of the payment of the fine and costs shall be imprisoned not more than 20 days" and substituting in lieu thereof the phrase "guilty of a class D environmental misdemeanor for each offense".

Section 80. Amend § 764(b), Title 7, Delaware Code, by striking the phrase "fined not less than $25 nor more than $100" and substituting in lieu thereof the phrase "guilty of a class C environmental misdemeanor'', and by striking the phrase ", and in default of the payment of the fine and costs shall be imprisoned for 1 day for each dollar of the total fine and costs imposed and defaulted".

Section 81. Amend § 765(a), Title 7, Delaware Code, by striking the phrase "fined not less than $50 nor more than $100, and the costs, for each offense, and in default of the payment thereof shall be imprisoned not more than 30 days" and substituting in lieu thereof the phrase "guilty of a class C environmental misdemeanor".

Section 82. Amend § 766, Title 7, Delaware Code, by striking said section in its entirety.

Section 83. Amend § 767(b), Title 7, Delaware Code, by striking the phrase "fined not less than $25 nor more than $50 for each offense, and in default of the payment of such fine and costs, shall be imprisoned for not more than 30 days, or both" and substituting in lieu thereof the phrase "guilty of a class D environmental misdemeanor for each offense".

Section 84. Amend § 768(b), Title 7, Delaware Code, by striking the phrase "fined not less than $25 nor more than $50, for each offense, and in default of the payment of such fine and costs, shall be imprisoned for not more than 30 days" and substituting in lieu thereof the phrase "guilty of a class D environmental misdemeanor for each offense".

Section 85. Amend § 769(b), Title 7, Delaware Code, by striking the phrase "fined not less than $20 nor more than $200" and substituting in lieu thereof the phrase "guilty of a class C environmental misdemeanor for each offense.

Section 86. Amend Chapter 7, Title 7, Delaware Code, by redesignating §§ 761, 762, 763, 764, 765, 767, 768 and 769 of Subchapter 111 as §§ 750, 751, 752, 753, 754, 755, 756 and 757 of Subchapter III, respectively.

Section 87. Amend § 772(c), Title 7, Delaware Code, by striking the phrase "fined for each offense not less than $100 nor more than $1,000" and substituting in lieu thereof the phrase "guilty of a class B environmental misdemeanor for each offense.

Section 88. Amend § 773, Title 7, Delaware Code, by striking section number "772" as it appears in said section and substituting in lieu thereof section number "768".

Section 89. Amend § 776, Chapter 7, Title 7, Delaware Code, by striking said section in its entirety.

Section 90. Amend Chapter 7, Title 7, Delaware Code, by redesignating §§ 771, 772, 773, 774 and 775 of Subchapter IV as §§ 767, 768, 769, 770 and 771 of Subchapter IV, respectively.

Section 91. Amend § 781, Title 7, Delaware Code, by striking the phrase "fined $10" and substituting in lieu thereof the phrase "guilty of a class D environmental misdemeanor.

Section 92. Amend § 782, Title 7, Delaware Code, by striking said section in its entirety.

Section 93. Amend § 783, Title 7, Delaware Code, by striking the phrase "fined $20" and substituting in lieu thereof the phrase "guilty of a class D environmental misdemeanor.

Section 94. Amend §§ 784 and 785, Title 7, Delaware Code, by striking said sections in their entirety.

Section 95. Amend § 786, Title 7, Delaware Code, by inserting the word "from" between the word "person" and the word "raising".

Section 96. Amend Chapter 7, Title 7, Delaware Code, by redesignating § 786 of Subchapter V as § 784 of Subchapter V.

Section 97. Amend § 792, Title 7, Delaware Code, by striking said section in its entirety and substituting in lieu thereof the following:

"§ 792. Protection of deer; penalties.

(a) No person shalr hunt, chase or pursue with the intent to kill, kill, trap, take or have in possession any deer (living or dead), except those deer legally taken during the open season and during lawful hours in each county.

(b) All evidence including weapons, ammunition, lights, communication systems and/or instrumentalities including motor vehicles used in violation of subsection (a) may be seized and retained as evidence, and forfeited according to procedures set forth in the Superior Court Criminal Rules. Wherever the State seeks to have property allegedly used in violation of subsection (a) forfeited, the Superior Court shall have jurisdiction over both the violation of subsection (a) and the issue of forfeiture.

(c) No person shall make use of dogs for the hunting or pursuing of deer with intent to kill said deer in this State at any time.

(d) No person shall purchase, sell or expose for sale, or transport, ship or possess with the intent to sell, any deer or any part of such deer, except for the hides of lawfully killed deer, at any time. Nothing in this paragraph shall

preclude the importation and consumption of venison, approved for sale by the United States Department of Agriculture, into this State.

(e) Any person may possess a deer lawfully killed in another state if the person in possession of such deer has proof of such lawful killing and possession, and presents the proof upon demand to any officer or official of this State. It shall also be lawful to possess deer within an enclosure in a public zoo or park, or if a permit for such deer has been issued by the Department.

(1) Whoever violates this section shall be guilty of a class B environmental misdemeanor for each offense. In addition to being fined and/or imprisoned, anyone found guilty of a first offense for violating subsection (a) shall be required to turn in any valid hunting license and shall be denied the privilege of hunting, with or without a license, in the State for a period of 2 years, commencing with the date of conviction; for any subsequent offense, anyone found guilty shall be required to turn in any valid hunting license and be denied the privilege of hunting, with or without a license, in the State for a period of 5 years, commencing with the date of conviction."

Section 98. Amend § 793, Title 7, Delaware Code, by striking the phrase "fined not less than $100 nor more than $500 and in default of payment of said fine and costs shall be imprisoned not more than 30 days" and substituting in lieu thereof "guilty of a class C environmental misdemeanor. Further amend said section by striking the fourth sentence.

Section 99. Amend § 794(c), Title 7, Delaware Code, by striking the phrase "fined not less than $100 nor more than $500 or imprisoned not more than 30 days" and substituting in lieu thereof the phrase "guilty of a class B environmental misdemeanor for each offense, and by striking the second sentence.

Section 100. Amend § 795(b), Title 7, Delaware Code, by striking the phrase "fined not less than $10 nor more than $50, or imprisoned not more than 10 days," and substituting in lieu thereof the phrase "guilty of a class C environmental misdemeanor.

Section 101. Amend § 796(a), Title 7, Delaware Code, by striking the phrase "fined not less than $5 nor more than $10" and substituting in lieu thereof the phrase "guilty of a class D environmental misdemeanor.

Section 102. Amend § 796, Title 7, Delaware Code, by striking subsection (b) in its entirety and designating subsection (a) as the section thereof.

Section 103. Amend Chapter 7, Title 7, Delaware Code by redesignating §§791, 792, 793, 794, 795, 795A, 796. 797, 798 and 799 of Subchapter VI as §§ 786, 787, 788, 789, 790, 791, 792, 793, 794 and 795 of Subchapter VI, respectively.

Section 104. Amend Chapter 7, Title 7, Delaware Code, by redesignating §§ 811 and 812 of Subchapter VII as §§ 797 and 798 of Subchapter VII, respectively.

Section 106. Amend Chapter 13, Title 7, Delaware Code, by striking § 1304 in its entirety and substituting in lieu thereofthe following:

"§ 1304. Environmental misdemeanors, sentences and

lines.

(a) Violations of Chapters I, 5, 6 and 7 and of Subchapter I of Chapter 11 of this Title or Department orders, rules or regulations promulgated to implement provisions of these chapters are designated as environmental misdemeanors.

(b) Environmental misdemeanors are classified for the purpose of sentencing into 4 categories:

(I) Class A environmental misdemeanors;

(2) Class B environmental misdemeanors:

(3) Class C environmental misdemeanors;

(4) Class D environmental misdemeanors.

(c) Any violation of Chapters I, 5, 6 or 7 or of Subchapter I of Chapter I I of this Title for which there is no prescribed penalty shall be a class C environmental misdemeanor.

(d) Any person convicted of a class A environmental misdemeanor shall be fined not less than $1000, nor more than $10,000, plus the costs of prosecution and court costs, or such person shall be imprisoned for up to 60 days, or such person shall be both lined and imprisoned according to the foregoing limitations. Any person convicted of a class A environmental misdemeanor within five years of a prior conviction for a class A environmental misdemeanor shall be fined not less than $2,000, nor more than $20,000, plus the costs of prosecution and court costs, or such person shall be imprisoned for up to 120 days, or such person shall be both fined and imprisoned according to the foregoing limitations.

(e) Any person convicted of a class B environmental misdemeanor shall be fined not less than $250, nor more than $1,000, plus the costs of prosecution and court costs, or such person shall be imprisoned for up to 30 days, or such person shall be both fined and imprisoned according to the foregoing limitations. Any person convicted of a class B environmental misdemeanor within live years of a prior conviction for a class 13 or greater environmental misdemeanor shall be fined not less than $500, nor more than $2,000, plus the costs of prosecution and court costs, or such person shall be imprisoned for up to 60 days, or such person shall be both tined and imprisoned according to aforesaid limitations.

(I) Any person convicted of a class C environmental misdemeanor shall be fined not less than $50, nor more than $250, plus the costs of prosecution and court costs, or such person shall be imprisoned for up to 10 days, or such person shall be both lined and imprisoned according to the foregoing limitations. Any person convicted of a class C environmental misdemeanor within five years of a prior conviction for a class C or greater environmental misdemeanor shall be fined not less than $100, nor more than $500, plus the costs of prosecution and court costs. or such person shall be imprisoned for up to 20 days, or such person shall be both fined and imprisoned according to the foregoing limitations.

(g) Any person convicted of a class D environmental misdemeanor shall be fined not less than $25, nor more than $100, plus the costs of prosecution and court costs, or such person shall be imprisoned for up to 5 days, or such person shall be both lined and imprisoned according to the foregoing limitations. Any person convicted of a class D environmental misdemeanor within five years of a prior conviction for a class D or greater environmental misdemeanor shall be lined not less than $50, nor more than $200, plus the costs of prosecution and court costs, or such person shall be imprisoned for up to 10 days, or such person shall be both fined and imprisoned according

to the foregoing limitations.

(h) Any fine imposed for any environmental misdemeanor shall not be suspended to any amount less than the minimum prescribed fine."

Section 107 Amend Chapter 13, Title 7, Delaware Code by adding thereto a new section to read as follows:

11313. Peace officers ex-officio Fish and Wildlife Agents.

Section 108. Amend § 2953, Chapter 29, Title 7, Delaware Code, by striking the phrase "Game Wardens" as it appears in the title and the body of said section and substituting in lieu thereof the phrase "fish and wildlife agents."

Section 109. This Act shall become effective on September 1, 1996.

Approved July 19, 1995