TITLE 7

Conservation

Game, Wildlife and Dogs

CHAPTER 11. Finfishing in Nontidal Waters

Subchapter II. Fresh Water Trout Fishing

§ 1124. Issuance of special trout fishing stamp.

The Department shall annually issue a distinctive stamp for fresh water trout fishers, which shall be known as the Delaware trout fishing stamp.

7 Del. C. 1953, §  1125;  50 Del. Laws, c. 257, §  257 Del. Laws, c. 739, §  6870 Del. Laws, c. 186, §  1

§ 1125. Sale of stamps; applications; price.

(a) Licensing agents, who are authorized by the Department to sell fishing licenses, are authorized to sell Delaware trout fishing stamps, and for their sale shall be entitled to the compensation provided by § 511 of this title for the sale of migratory waterfowl stamps.

(b) Applications for the purchase of the said stamps shall be in a manner specified by the Department.

(c) The purchase price of the special trout fishing stamps shall be set by the Department annually, but the maximum prices shall be as follows:

(1) For Delaware residents: $4.20 for persons 16 years of age and older; and $2.10 for persons 12 to 16 years of age. Stamps are not required for any Delaware resident under 12 years of age.

(2) For nonresidents: $6.20. Stamps are not required for any nonresident under 12 years of age.

7 Del. C. 1953, §  1126;  50 Del. Laws, c. 257, §  257 Del. Laws, c. 739, §  6963 Del. Laws, c. 315, §  170 Del. Laws, c. 186, §  171 Del. Laws, c. 443, §  383 Del. Laws, c. 218, § 3

§ 1126. Stamp requirement and possession; exemptions from purchase of stamp.

Anyone who fishes in fresh waters stocked with trout by the Department at locations and during seasons designated by the Department shall purchase a Delaware trout fishing stamp. Such stamp must be in the possession of persons fishing in such waters, either as a gummed paper stamp validated by the signature of the licensee written in ink across the face of said stamp, or in paper or digital form encoded in a manner that validates the stamp holder. Delaware trout fishing stamp holders shall be permitted to take trout during the open season for such fish and in a manner permitted by law from the fresh waters which are stocked with trout by the Department. Any person exempt from purchasing a Delaware fishing license under § 502(e)-(i), § 502(k)-(l), or § 507(d) of this title is also exempt from purchasing a Delaware trout fishing stamp.

7 Del. C. 1953, §  1127;  50 Del. Laws, c. 257, §  257 Del. Laws, c. 739, §  7063 Del. Laws, c. 315, §  269 Del. Laws, c. 103, §  1270 Del. Laws, c. 186, §  183 Del. Laws, c. 218, § 4

§ 1127. Exception for owner or lessee of land traversed by trout-stocked waters.

An owner or bona fide lessee of land traversed by trout-stocked waters and members of his or her immediate family may fish such waters upon his or her land without purchasing a stamp.

7 Del. C. 1953, §  1128;  50 Del. Laws, c. 257, §  270 Del. Laws, c. 186, §  1

§ 1128. Use of proceeds of sale of stamps.

All moneys received from the sale of Delaware trout fishing stamps shall be deposited at least monthly by the Department with the State Treasurer, to be by him or her retained until expended upon proper vouchers of the Department only for the purchase of trout for restocking those waters of the State considered suitable for such purpose or for the improvement of such waters for trout fishing.

7 Del. C. 1953, §  1129;  50 Del. Laws, c. 257, §  257 Del. Laws, c. 739, §  7170 Del. Laws, c. 186, §  1

§ 1129. Offenses; penalty.

The following acts shall be offenses under this subchapter punishable as a Class D environmental violation for each such act:

(1) To alter or change a Delaware trout fishing stamp in any way;

(2) To loan such a stamp to another person for use as authority to fish in trout-stocked waters;

(3) To furnish any false information as to the identity of the applicant upon the application for such a stamp;

(4) To take or attempt to take any rainbow, brown, or brook trout from any fresh waters stocked by the Department with trout without having purchased a stamp and affixed and signed the same as provided in this subchapter, except upon lands owned or leased as provided in § 1127 of this title;

(5) Upon demand by any Fish and Wildlife Agent to fail or refuse to exhibit a stamp when fishing in trout-stocked waters; except upon lands owned or leased as provided in § 1127 of this title.

7 Del. C. 1953, §  1130;  50 Del. Laws, c. 257, §  257 Del. Laws, c. 739, §  7270 Del. Laws, c. 105, §  779 Del. Laws, c. 421, §  5