SPONSOR:

Sen. Wilson & Sen. Ennis & Rep. D. Short & Rep. Spiegelman

Sens. Hocker, Lawson, Pettyjohn; Reps. Briggs King, Collins, Vanderwende

DELAWARE STATE SENATE

151st GENERAL ASSEMBLY

SENATE BILL NO. 16

AN ACT PROPOSING AN AMENDMENT TO ARTICLE 1 OF THE DELAWARE CONSTITUTION RELATING TO HUNTING, FISHING, AND TRAPPING.

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. The General Assembly finds and declares all of the following:

(1) The right to hunt, fish, and trap wildlife is a valued part of Delaware’s natural heritage and is forever preserved for the public good.

(2) The right to hunt, fish, and trap wildlife in this State includes the right to use traditional methods to do so, subject only to the laws prescribed by the General Assembly and rules prescribed by virtue of the authority of the General Assembly to promote wildlife protection, conservation, replenishment, and management in this State, and to preserve the future of hunting, fishing, and trapping wildlife in this State.

(3) Hunting, fishing, and trapping wildlife is the preferred means of managing and controlling wildlife.

(4) This Act may not be construed to do any of the following:

a. Limit the application of a law relating to trespass or property rights.

b. Affect rights to divert, appropriate, or use water, or to establish a minimum amount of water in any water body.

d. Lead to a diminution or abrogation of a public or private right or of the State’s power to regulate commercial activities.

e. Prevent the suspension or revocation, under a law enacted by the General Assembly, of an individual’s hunting, fishing, or trapping license.

f. Alter a burden of proof requirement otherwise established by law for a challenge to a law or regulation pertaining to hunting, fishing, or trapping the wildlife of this State.

Section 2. Amend Article I of the Delaware Constitution by making deletions as shown by strike through and insertions as shown by underline as follows:

§ 22. Right to hunt, fish, or trap wildlife.

An individual has the right to hunt, fish, or trap wildlife in this State.

SYNOPSIS

This Act is the first leg of a constitutional amendment to establish the right to hunt and fish in Delaware. Twenty-one other states have preserved the rights of their citizens to hunt, fish, or trap wildlife. This Act is modeled after the constitutional provisions of Idaho, Indiana, Kentucky, Louisiana, and Tennessee.

This Act specifically acknowledges Delaware’s valued, natural heritage of hunting, fishing, and trapping, and declares hunting, fishing, and trapping as the preferred methods of managing and controlling wildlife in this State.

This Act may not be applied to do any of the following:

1. Affect rights to divert, appropriate, or use water, or to establish a minimum amount of water in any water body.

2. Lead to a diminution or abrogation of a public or private right or of the State’s power to regulate commercial activities.

3. Prevent the suspension or revocation, under a law enacted by the General Assembly, of an individual’s hunting, fishing, or trapping license.

4. Alter a burden of proof requirement otherwise established by law for a challenge to a law or regulation pertaining to hunting, fishing, or trapping the wildlife of this State.

Author: Senator Wilson