SPONSOR: |
Rep. Carson & Rep. Spiegelman & Sen. Ennis |
Reps. Briggs King, Gray, D. Short; Sens. Hocker, Paradee, Pettyjohn, Walsh, Wilson |
HOUSE OF REPRESENTATIVES
151st GENERAL ASSEMBLY
HOUSE BILL NO. 218
AN ACT TO AMEND TITLE 7 OF THE DELAWARE CODE RELATING TO HUNTING AND FISHING AUTHORIZATIONS.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:
Section 1. Amend § 513, Title 7 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:
§ 513. License Possession. Display by licensee of tag or button furnished by Department.
Each holder of a license issued by the Department shall always possess on their person said license license, either in paper or digital form encoded in a manner that validates the license holder, while hunting, fishing or trapping, or while serving as a guide, and shall present such license upon request to any person empowered to arrest for violations of the game and fish laws of this State.
Section 2. Amend § 517, Title 7 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:
§ 517. Migratory waterfowl stamp.
(1) “Division” means the Division of Fish and Wildlife of the Department of Natural Resources and Environmental Control.
(2) “Migratory waterfowl” means birds in the Family Anatidae, including wild goose, brant, or a wild goose, brant or wild duck.
(3) “Stamp” means the migratory waterfowl stamp provided for by this section.
(b) Except as otherwise provided herein, no person may hunt or take any migratory waterfowl within this State without first procuring a migratory waterfowl stamp as provided for by this section. Such stamp must be in the possession of every person when hunting or taking any migratory waterfowl. waterfowl, either as a gummed paper stamp Each stamp shall be validated by the signature of the licensee written across the face of such stamp . stamp, or in paper or digital form encoded in a manner that validates the stamp holder. Such stamp shall be designed and produced in accordance with Division regulations and shall expire annually on the same date each year that all hunting licenses expire. Unless otherwise provided in this chapter, any person who is exempt from payment or charge for a hunting license shall also be exempt from the fee imposed by this section. Any person who is under the age of 16 years shall be exempt from the requirements of this subsection.
(c) A stamp shall be issued to each hunting license applicant upon written request on the forms furnished by the Division application for said stamp in a manner specified by the Department and payment of a fee of $15, together with any Licensing Agent fees charged in accordance with this chapter.
Section 3. Amend § 1125, Title 7 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:
§ 1125. Sale of stamps; applications; price.
(a) Licensing Agents, who are authorized by the Department to sell fishing licenses, shall, upon request, be furnished with 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. writing and signed by the applicant; they shall include such information as to the identity of the applicant and the applicant’s previous season’s trout catch as the Department may require.
Section 4. Amend § 1126, Title 7 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:
§ 1126. Stamp requirement and possession; to be signed in ink; exemptions from purchase of stamp.
Anyone who wishes to fish for trout 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. stamp and sign one’s name in ink across the face of said stamp; one shall then 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(f)-(j), § 502(l) or § 507(e) § 502(e)-(i), § 502(k)-(l), or § 507(d) of this title is also exempt from purchasing a Delaware trout fishing stamp.
SYNOPSIS
This Act modernizes fishing, hunting, and trapping license and associated waterfowl and trout stamp specifications to include digital formats. This Act refines the definition of waterfowl consistent with the gamebird waterfowl definition in existing code for determining when a waterfowl stamp is required to hunt waterfowl. This Act also eliminates trout catch reporting requirements, clarifies when and where a trout fishing stamp is required for fishing, and corrects certain trout stamp exemptions in the current code.