CHAPTER 332

FORMERLY

HOUSE BILL NO. 360

AN ACT TO AMEND CHAPTER 7 OF TITLE 7 OF THE DELAWARE CODE RELATING TO THE REGULATIONS AND PROHIBITIONS CONCERNING GAME AND FISH.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE :

Section 1. Amend § 703(2), Title 7 of the Delaware Code by striking said paragraph in its entirety and substituting in lieu thereof the following:

“(2) Red fox: October 1 to April 30, next following, but no person shall shoot, kill, wound, take or destroy any red fox from October 1 to April 30, this being set apart merely for the privilege of hunting red foxes with dogs.”.

Section 2. Amend § 788, Title 7 of the Delaware Code by striking said section in its entirety and substituting in lieu thereof the following:

Ҥ 788. Exceptions to the prohibition against the killing of red fox.

(a) Notwithstanding § 703(2) of this title, red foxes may be shot in New Castle County commencing at the Chesapeake and Delaware Canal and thence proceeding in a southerly direction to embrace the remainder of New Castle County, thence proceeding southerly to include Duck Creek Hundred in Kent County from November 1 through December 31; provided, however, no red fox may be shot during a time when it is lawful to take deer with a firearm; provided further, however, no red fox may be shot while being pursued by a pack of hounds; provided further, however, no person shall take or kill, in any 1 day, more than 4 red foxes.

(b) Notwithstanding § 703(2) of this title, the Department may issue a permit to a private landowner authorizing the landowner to manage red foxes on his or her property, provided there is a wildlife management plan for the property, the wildlife management plan has been approved by the Department, and a reduction in the number of foxes was recommended by such plan. The permit shall specify the time during which, the means and methods by which, and the person or persons by whom the red foxes may be killed or captured. The Department shall not charge a fee for the issuance of a permit under this section.

(c) Nothing in this chapter shall be construed to prevent the killing of a red fox by the owner of poultry if such fox is in the act of attacking such poultry. Such person may kill such foxes within a reasonable time after the pursuit, killing or carrying away of the poultry.”.

Section 3. Amend § 789(a), Title 7 of the Delaware Code by adding to the end of said section the following sentence:

“Nothing in this section shall be construed to prevent the possession or transfer without compensation of red foxes or red fox hides legally taken in Delaware or in another state.”.

Section 4. Amend § 790(c), Title 7 of the Delaware Code by striking said subsection in its entirety.

Approved June 23,2000