CHAPTER 162.
OF FISH, OYSTERS AND GAME.
AN ACT to establish the Board of Game and Fish Commissioners of the State of Delaware.
Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met:
Section 1. That the Board of Game and Fish Commissioners of the State of Delaware be and the same is hereby established and shall be known and termed as such. Said Board to be appointed by the Governor, and to consist of three commissioners; one from each of the Counties of this State, and not more than two of whom, serving at the same time, shall be from one political party. The three commissioners first appointed under this Act shall be appointed and commissioned for terms of two years, four years and six years respectively, and their successors thereafter shall be appointed and commissioned for terms of six years. Any vacancy on said Board shall be filled by appointment and commission for the unexpired term in which the vacancy occurs. The members of said Board are to receive one hundred and fifty dollars a year for their services on said Board, also their expenses incurred in attending to their duties on said Board, said salaries, and all expenditures to be made by said Board to be payable only out of funds received by them from the sale of hunting and fishing licenses and from fines imposed for violations of the game and fish laws of this State.
Section 2. That each member of said Board, before entering upon the duties of his office, shall give bond in the sum of Five thousand dollars to the State of Delaware with two or more personal sureties or one surety company, in either case the surety to be approved by the Secretary of State. Conditioned that he will well and truly account for and apply all moneys which may come into his hands by virtue of his office, and that he will fully and faithfully perform the duties of his office, and he shall further take and subscribe the oath or affirmation required by the Constitution of this State, and be commissioned by the Governor.
Section 3. That said Board shall have an official seal official seal to authenticate all licenses, papers and documents issued by it in its official capacity and shall have the management of all matters pertaining to game and fish protection and shall receive all funds arising from the sale of hunting and fishing licenses and from fines imposed for violations of the game and fish laws of this State, except those which heretofore have belonged to the Audubon Society, and shall have control thereof and full discretion in the expenditure of the same in the purchase of supplies, printing and publishing game and fish laws, employment of wardens, salaries of officers, restocking the State with game and fish, protecting and preserving the same, the enforcement of the game and fish laws of this State, and in the name of the State to lease or purchase land for game propagation.
Section 4. That all accounts and books kept by the said Board shall be open at all times for inspection of all of the members thereof and on the Thirty-first day of December, A. D. 1912, and every two years thereafter, the said Board shall make a full and complete report of the official business transacted by it. Such report shall show the number and character of licenses issued together with all fees and fines collected and all moneys received from other sources; shall show the number of wardens employed, and give all necessary information concerning the affairs of the said Board.
Section 5. That said Board shall prescribe the form of hunting and fishing licenses.
Section 6. That the members of said Board shall have authority to arrest without warrant for all violations of the game and fish laws of this State and to carry out the provisions thereof, and to appoint game wardens who shall have like power and be subject to and serve during the pleasure of said Board. Said wardens to give such bond for the faithful performance of their duty as may be required by said Board.
Section 7. That all sheriffs, deputy-sheriffs, marshals, constables and policemen, or other peace officers of this State are ex-officio deputy game wardens.
Section 8. That certificates may be granted by the said Board to any properly accredited person of the age of fifteen years or upwards, permitting the holder thereof to collect birds, their nests or eggs, for strictly scientific purposes. In order to obtain such certificates the applicant for the same must present to the said Board written testimonials from two well-known scientific men certifying to the good character and fitness of the said applicant to be entrusted with such privilege; must pay to said Board one dollar to defray the necessary expenses attending the granting of such certificates; and must file with said Board a properly executed bond in the sum of two hundred dollars, signed by two responsible citizens of the State, as sureties. This bond shall be forfeited to the State and the certificate become void upon proof that the holder of such certificate has killed any bird or taken the nest or eggs of any bird for other than strictly scientific purposes.
Section 9. That the said Board, upon the payment of one dollar, may issue permits to any person to take, capture, or transport not more than ten pairs of any one species of game, birds, or fish within this State, when satisfied that such person applying for said permit desires the same exclusively for scientific or propagating purposes.
Section 10. That any person holding a license for hunting or fishing, as prescribed by law, is hereby authorized to arrest, without warrant, violators of the Game and Fish Laws of this State.
Section 11. That any freeholder or leaseholder or member of his family or any person in his employ is hereby authorized to arrest, without warrant, any person or persons who shall, upon his freehold or leasehold, commit any violation of this Act or any violation of the Game and Fish Laws of this State.
Section 12. That every person, other than regularly salaried game wardens and peace officers, who shall arrest or secure the arrest of any violator of the game and fish laws of Delaware shall receive one-half of all fines imposed and collected for the violation of the law for which he makes or secures the arrest.
Section 13. That said Board shall have power and is hereby directed to confiscate all game and fish unlawfully taken or had in possession and dispose of the same by destroying it or distributing it among charitable institutions.
Section 14. The said Board shall have full authority to regulate its organization proceedings and times and places of meeting.
Section 15. That all Acts or parts of Acts in so far as the same are inconsistent with the provisions hereof be and the same are hereby repealed.
Approved April 27, A. D. 1911.