Delaware § 103 - Rules and regulations; expenditures; violations and penalty.

§ 103. Rules and regulations; expenditures; violations and penalty.

(a) The Department may promulgate such rules and regulations and may make expenditures necessary to:

(1) Fix and regulate seasons by shortening, extending or closing seasons, and to fix and regulate the bag limit on any species of protected wildlife or freshwater fish except muskrat in any specified localities whenever it finds, after investigation, and a public hearing is had as provided in subsection (b) of this section, that such action is necessary to assure the conservation of such wildlife or freshwater fish, and the maintenance of an adequate supply thereof or to limit the supply thereof when conditions warrant the same;

(2) Establish and close to hunting, trapping and/or fishing such wildlife refuges, or any lake, stream or pond, as in its judgment may be deemed best to conserve any species of wildlife or fish;

(3) Acquire by purchase, lease or agreement, gift or devise, lands, marshes or waters suitable for the purposes hereinafter enumerated, and maintain the same for said purposes:

a. To provide fish nursery ponds and game farms;

b. To provide lands or waters suitable for upland game, waterfowl, fish or fur-bearing animal propagation and protection;

c. To provide public hunting, fishing or other recreational grounds or waters to be used as areas in which the public may hunt, fish or camp in accordance with the provisions of law and the regulations of the Department;

d. To extend and consolidate lands, marshes or waters suitable for the above purposes by exchange of other lands or waters;

e. To capture, propagate, transport, buy or exchange any species of protected wildlife needed for stocking any lands, marshes or waters of this State.

(b) The Department may establish such other rules and regulations concerning any species of protected wildlife or freshwater fish except muskrat in any specified localities as it deems necessary or advisable for the protection and conservation of wildlife or freshwater fish.

(c) This section shall not be construed as authorizing the Department to change any penalty for violating any game or fish law, or to change the amount of any license fee established under Part I of this title, or to issue any license not lawfully authorized, or to extend any open season or bag limit beyond the limits prescribed by federal law or regulations.

(d) Whoever violates any rule or regulation of the Department except those pertaining to deer or wild turkeys shall be guilty of a class D environmental violation for each offense. Whoever violates any rule or regulation of the Department pertaining to antlerless deer shall be guilty of a class C environmental violation for each offense. Whoever violates any rule or regulation of the Department pertaining to antlered deer shall be guilty of a class A environmental misdemeanor for each offense. Whoever violates any rule or regulation of the Department pertaining to wild turkeys shall be guilty of a class B environmental misdemeanor for each offense.

Code 1915, §  2358C;  40 Del. Laws, c. 191, §  2;  Code 1935, §  2805;  7 Del. C. 1953, §  108;  49 Del. Laws, c. 153, §§  1-4;  51 Del. Laws, c. 123, §§  1, 2;  53 Del. Laws, c. 435;  57 Del. Laws, c. 739, §  14;  59 Del. Laws, c. 210, §§  1, 2;  60 Del. Laws, c. 674, §§  1-3;  61 Del. Laws, c. 354, §  1;  63 Del. Laws, c. 197, §§  1-4;  70 Del. Laws, c. 275, §§  2-7;  73 Del. Laws, c. 375, §  5;  77 Del. Laws, c. 44, §§  1, 2;  79 Del. Laws, c. 421, §  1;