CHAPTER 436

FORMERLY

SENATE BILL NO. 381

AS AMENDED BY SENATE AMENDMENT NO. 1

AN ACT TO AMEND TITLES 7 AND 11 OF THE DELAWARE CODE AND CHAPTER 275, VOLUME 70 OF THE LAWS OF DELAWARE RELATING TO HUNTING AND TRAPPING DEVICES, ENVIRONMENTAL MISDEMEANORS AND CERTAIN TECHNICAL CORRECTIONS.

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 § 704(a), Title 7, Delaware Code, by striking the phrase ", or any drug, poison, chemicals or explosives", and by striking the phrase "snapping turtles and otters," and substituting in lieu thereof the phrase "otters, beavers and rabbits may be trapped and snapping turtles may be trapped or taken with a net in accordance with the regulations of the Department of Natural Resources and Environmental Control,".

Section 2. Amend § 44, Chapter 275, Volume 70, Laws of Delaware, by striking the phrase "and redesignating subsection (1) as subsection (e)".

Section 3. Amend § 704, Title 7, Delaware Code, by redesignating subsections (b), (c) and (d) as subsections (c), (d) and (e), respectively, and by inserting a new subsection (b) to read as follows:

"(b) No person shall make use of any drug, poison, chemical or explosive for the purpose of injuring, capturing or killing birds or animals protected by the laws of this State."

Section 4. Amend § 704 (c), Title 7, Delaware Code, as amended, by inserting the phrase "or (b)" after the phrase "subsection (a)".

Section 5. Amend § 97, Chapter 275, Volume 70, Laws of Delaware, by inserting the word "shall" in between the words "and" and "be" as they appear together in the same phrase in § 792 (I).

Section 6 Amend § 106, Chapter 275, Volume 70, Laws of Delaware, by striking the word "sentences" from the title of § 1304 and substituting in lieu thereof the word "sentence", and by striking the word "Environmental" from § 1304(b) and substituting in lieu thereof the phrase "Notwithstanding the classification of misdemeanors in § 4202(u) of Title H , environmental"

Section 7. Amend § 1311(a), Title 7, Delaware Code, by striking the phrase

"environmental protection officer" and substituting in lieu thereof the phrase "law enforcement officer of the Department of Natural Resources and Environmental Control".

Section 8. Amend § 131I(d), title 7, Delaware Code, by striking the phrase "(1) of § 103" and substituting in lieu thereof the phrase "(a) of § 787".

Section 9. Amend § 1311(h), Title 7, Delaware Code, by striking the phrase "fish and wildlife" and substituting in lieu thereof the phrase "Department of Natural Resources and Environmental Control".

Section 10. Amend § 4202(b), Title 11, Delaware Code, by inserting the phrase "or an environmental misdemeanor" in between the word "misdemeanor" and the period ".".

Section II. Amend § 4204(a), Title II, Delaware Code, by inserting the phrase ", with the exception of an environmental misdemeanor as defined in § 1304 of Title 7" in between the phrase "Criminal Code" and the period ".".

Approved July 3. 1996