TITLE 7

Conservation

Game, Wildlife and Dogs

CHAPTER 5. LICENSES

Subchapter V. Restricted Propagating and Shooting Preserves


This subchapter shall apply throughout the State.

Code 1935, § 2811A; 47 Del. Laws, c. 295, § 1; 7 Del. C. 1953, § 581; 53 Del. Laws, c. 434; 70 Del. Laws, c. 275, § 40.;

The Department, upon payment to it of a fee of $25, may issue annual licenses, good for 1 calendar year, renewable annually in the discretion of the Department for a like period, upon payment of a like fee, to persons, clubs or associations, authorizing the holders thereof to carry on, pursuant to regulations issued by the Department in furtherance of the purposes of this subchapter, propagating, holding, raising, releasing and shooting of rabbits and game birds, such as but not limited to pheasant, grouse, quail and partridge, hereinafter sometimes referred to individually or collectively as game.

Code 1935, § 2811A; 47 Del. Laws, c. 295, § 1; 7 Del. C. 1953, § 582; 57 Del. Laws, c. 739, § 50; 70 Del. Laws, c. 275, § 40; 77 Del. Laws, c. 366, § 1.;

Licenses under this subchapter shall be issued only when the applicant has produced evidence satisfactory to the Department that the proposed restricted game preserve will not conflict with any reasonable prior public interest and will, in the opinion of the Department, result in a general improvement in the quantity and quality of game in other areas of the State outside of the proposed restricted area, due to the travel and movement of game caused by the heavy stocking of the restricted area. In addition, in order to be eligible for a license, the proposed restricted area must contain contiguous lands under the same ownership, lease or management, aggregating not less than 300 acres, and no license shall be granted for reservations containing an aggregate of more than 1,000 acres, nor shall more than 5,000 acres in New Castle County be covered by such licenses at any one time. Moreover, the applicant must produce evidence satisfactory to the Department that there exists, or that the applicant will forthwith supply, sufficient cover and feed upon the property embraced by the application to adequately support game in numbers which, in the opinion of the Department, will be beneficial generally to other areas of the State outside of the reservation.

Code 1935, § 2811A; 47 Del. Laws, c. 295, § 1; 57 Del. Laws, c. 739, § 51; 67 Del. Laws, c. 44, § 1; 70 Del. Laws, c. 275, §§ 34, 40; 77 Del. Laws, c. 366, § 1.;

For the purpose of stimulating an increase in the quantity of game released upon such reservations, the licensee, the licensee's invitees or guests, when properly licensed to hunt in accordance with the laws of this State, may liberate upon the reservation, game which has been propagated, raised and held upon the premises, or which has been purchased by the licensee and taken upon the premises pursuant to the license and may kill, without regard to sex, any number of such game so liberated, even if the number exceeds the limits otherwise prescribed by law.

Code 1935, § 2811A; 47 Del. Laws, c. 295, § 1; 7 Del. C. 1953, § 585; 57 Del. Laws, c. 739, § 53; 70 Del. Laws, c. 186, § 1; 70 Del. Laws, c. 275, §§ 36, 37, 40.;

All activities pursuant to a license under this subchapter shall be carried on in cooperation with the Department, and, to the extent practicable, the licensee shall assist the Department in conducting breeding, propagating, feeding and care of game, and shall keep and preserve such records pertaining thereto as the Department may from time to time prescribe. All game which is released shall be marked, banded or tagged as may be prescribed by the Department and, when so identified, game killed may be transported from the preserve to the domicile of the licensee, the licensee's invitee or guest. All of the activities of the licensee shall be carried on at the expense of the licensee and shall be without cost or obligation to the Department.

Code 1935, § 2811A; 47 Del. Laws, c. 295, § 1; 7 Del. C. 1953, § 586; 57 Del. Laws, c. 739, § 54; 70 Del. Laws, c. 186, § 1; 70 Del. Laws, c. 275, § 40; 77 Del. Laws, c. 366, § 1.;

Dogs may be trained and field trials conducted, when properly licensed, upon restricted preserves on any day, including Sundays, except during the months of March through August, inclusive.

Code 1935, § 2811A; 47 Del. Laws, c. 295, § 1; 7 Del. C. 1953, § 588; 70 Del. Laws, c. 275, § 40.;

All activities conducted pursuant to this subchapter shall be subject to the game laws and regulations of this State, except as the same may be in conflict with this chapter. Persons who trespass upon any restricted preserve authorized by this subchapter for the purpose of shooting or harassing any kind of wildlife without first obtaining permission to do so from the owner or occupant thereof, shall be guilty of class B environmental misdemeanor. The owner of a restricted preserve and the owner's duly authorized agents may be authorized by the Department to make arrests under this section.

Code 1935, § 2811A; 47 Del. Laws, c. 295, § 1; 7 Del. C. 1953, § 589; 57 Del. Laws, c. 104; 70 Del. Laws, c. 186, § 1; 70 Del. Laws, c. 275, §§ 25, 39, 40.;

(a) Those entities licensed under this subchapter which operate as commercial game preserves may operate in accordance with this subchapter on any day, including Sundays, subject to the seasonal limitations established by the Department.

(b) For purposes of this subchapter, "commercial game preserve" shall mean any partnership, sole proprietorship, corporation, or other business entity licensed under this subchapter and operating on a for-profit basis. "Commercial game preserve" shall not include clubs, associations or private individuals engaged in similar put-and-take hunting operations licensed under this subchapter.

78 Del. Laws, c. 27, § 1.;