§ 1301. Arrest of violators without warrant by license holders.
Every person holding a license for hunting or fishing, as prescribed by law, may arrest, without warrant, violators of this
part.
26 Del. Laws, c. 162, § 10; Code 1915, § 2367; Code 1935, § 2813; 7 Del. C. 1953, § 1301.;
§ 1302. Arrest of violators without warrant by freeholder, leaseholder or employee.
Any freeholder or leaseholder or member of his or her family or any person in his or her employ may arrest, without warrant,
any person who, upon the freehold or leasehold, commits any violation of this part.
26 Del. Laws, c. 162, § 11; Code 1915, § 2368; Code 1935, § 2814; 7 Del. C. 1953, § 1302; 70 Del. Laws, c. 186, § 1.;
§ 1303. Confiscation and disposition of game and fish unlawfully taken.
The Department shall 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.
26 Del. Laws, c. 162, § 13; Code 1915, § 2370; Code 1935, § 2816; 7 Del. C. 1953, § 1303; 57 Del. Laws, c. 739, § 73.;
§ 1304. Environmental misdemeanors, sentence and fines.
(a) Violations of Chapters 1, 5, 6 and 7 and of Subchapter I of Chapter 11 of this Title or Department orders, rules or regulations
promulgated to implement provisions of these chapters are designated as environmental misdemeanors.
(b) Notwithstanding the classification of misdemeanors in § 4202(a) of Title 11, environmental misdemeanors are classified
for the purpose of sentencing into 4 categories:
(1) Class A environmental misdemeanors;
(2) Class B environmental misdemeanors;
(3) Class C environmental misdemeanors;
(4) Class D environmental misdemeanors.
(c) Any violation of Chapters 1, 5, 6 or 7 or of Subchapter I of Chapter 11 of this Title for which there is no prescribed
penalty shall be a class C environmental misdemeanor.
(d) Any person convicted of a class A environmental misdemeanor shall be fined not less than $1000, nor more than $10,000,
plus the costs of prosecution and court costs, or such person shall be imprisoned for up to 60 days, or such person shall
be both fined and imprisoned according to the foregoing limitations. Any person convicted of a class A environmental misdemeanor
within five years of a prior conviction for a class A environmental misdemeanor shall be fined not less than $2,000, nor more
than $20,000, plus the costs of prosecution and court costs, or such person shall be imprisoned for up to 120 days, or such
person shall be both fined and imprisoned according to the foregoing limitations.
(e) Any person convicted of a class B environmental misdemeanor shall be fined not less than $250, nor more than $1,000, plus
the costs of prosecution and court costs, or such person shall be imprisoned for up to 30 days, or such person shall be both
fined and imprisoned according to the foregoing limitations. Any person convicted of a class B environmental misdemeanor within
five years of a prior conviction for a class B or greater environmental misdemeanor shall be fined not less than $500, nor
more than $2,000, plus the costs of prosecution and court costs, or such person shall be imprisoned for up to 60 days, or
such person shall be both fined and imprisoned according to aforesaid limitations.
(f) Any person convicted of a class C environmental misdemeanor shall be fined not less than $50, nor more than $250, plus
the costs of prosecution and court costs, or such person shall be imprisoned for up to 10 days, or such person shall be both
fined and imprisoned according to the foregoing limitations. Any person convicted of a class C environmental misdemeanor within
five years of a prior conviction for a class C or greater environmental misdemeanor shall be fined not less than $100, nor
more than $500, plus the costs of prosecution and court costs, or such person shall be imprisoned for up to 20 days, or such
person shall be both fined and imprisoned according to the foregoing limitations.
(g) Any person convicted of a class D environmental misdemeanor shall be fined not less than $25, nor more than $100, plus
the costs of prosecution and court costs, or such person shall be imprisoned for up to 5 days, or such person shall be both
fined and imprisoned according to the foregoing limitations. Any person convicted of a class D environmental misdemeanor within
five years of a prior conviction for a class D or greater environmental misdemeanor shall be fined not less than $50, nor
more than $200, plus the costs of prosecution and court costs, or such person shall be imprisoned for up to 10 days, or such
person shall be both fined and imprisoned according to the foregoing limitations.
(h) Any fine imposed for any environmental misdemeanor shall not be suspended to any amount less than the minimum prescribed
fine.
26 Del. Laws, c. 164, § 16; 26 Del. Laws, c. 165, § 16; Code 1915, §§ 2391A, 2405; 30 Del. Laws, c. 176, § 3; 40 Del. Laws, c. 191, § 23; Code 1935, §§ 2851, 2865; 7 Del. C. 1953, § 1304; 52 Del. Laws, c. 290; 63 Del. Laws, c. 389, § 2; 70 Del. Laws, c. 275, § 106; 70 Del. Laws, c. 436, § 6.;
§ 1305. Violations by corporations; service; collection of fines.
Where a corporation is accused of violating this part, the warrant of arrest may be read to the president, secretary, or manager
in this State, or to any general or local agent thereof in any county where the action or indictment is pending. Upon return
of the warrant so served, the corporation shall be deemed in court and subject to the jurisdiction thereof. Any fine imposed
may be collected by execution against the property of the corporation. This section shall not exempt an agent or employee
from prosecution.
26 Del. Laws, c. 164, § 10; Code 1915, § 2399; Code 1935, § 2859; 7 Del. C. 1953, § 1305.;
§ 1306. Failure of officer or Fish and Wildlife Agent to do duty; penalty.
Whoever, being an official, officer or Fish and Wildlife Agent, fails to perform any act, duty or obligation enjoined upon
the person by this part, shall be fined not less than $50 nor more than $100 and costs for each offense.
26 Del. Laws, c. 164, § 11; Code 1915, § 2400; Code 1935, § 2860; 7 Del. C. 1953, § 1306; 70 Del. Laws, c. 105, § 8; 70 Del. Laws, c. 186, § 1.;
§ 1307. Report to Department.
Any court or officer of any court, before whom any prosecution, under this part, is commenced or shall go on appeal, and within
20 days after trial or dismissal thereof, shall report in writing the result thereof and the amount of fine or forfeiture
collected, if any, and the disposition thereof, to the Department, remitting at the same time all money collected from fines
and forfeitures.
26 Del. Laws, c. 164, §§ 12, 15; 27 Del. Laws, c. 155, §§ 2, 3; Code 1915, § 2401; Code 1935, § 2861; 7 Del. C. 1953, § 1307; 57 Del. Laws, c. 739, § 74.;
§ 1308. Affidavit, complaint or indictment charging several offenses; proof.
Two or more offenses may be charged in the same affidavit, complaint or indictment. Proof as to a part of a bird, animal or
fish shall be sufficient to sustain a charge to the whole of it. The violation of this part as to a number of animals, birds
or fish may be charged in the same count, and punished as a separate offense as to each animal, bird or fish.
26 Del. Laws, c. 164, § 13; Code 1915, § 2402; Code 1935, § 2862; 7 Del. C. 1953, § 1308.;
§ 1309. Jurisdiction of justices of peace; appeal; bond.
(a) The justices of the peace in this State shall have jurisdiction of all offenses under this part, unless another court
is given exclusive jurisdiction.
(b) Any person charged before a justice of the peace with a violation of
this part shall have the right to appeal to the Court of Common Pleas for the
county wherein the hearing before the justice of the peace takes place. The
appeal shall be allowed by the justice at any time within 15 days from the day
of giving the judgment and not after, counting the day as one, upon the party
entitled to the appeal, or the party's agent or attorney, praying it and
offering sufficient security in such sum as the justice deems sufficient to
cover the judgment appealed from and the costs on the appeal. The justice
shall make an entry thereof as follows:
" 'On the ............ day of ............, 19 ...., the said ............
appeals, and ............ becomes surety in the ............ sum of
.......... that the said appeal shall be prosecuted with effect, and also that
any judgment which shall be rendered against the said ............ or that
person's executors or administrators, upon said appeal, shall be satisfied.' "
"The entry shall be signed by the sureties or it shall be void. When signed it shall be an obligation of record to the extent
of the sum therein expressed, and shall bind the sureties and their executors and administrators, jointly and severally, to
satisfy any judgment rendered on the appeal against the party appealing, or that person's executors or administrators, and,
if the appeal is not duly entered in Court, or is dismissed, then to satisfy the judgment appealed from with all costs on
the appeal. A civil action may be sustained on such entry before a justice, if the demand does not exceed $200, or if above
that sum in the Court of Common Pleas, or if the appeal is not entered, or is dismissed, execution may be issued against the
defendant and surety."
25 Del. Laws, c. 228, §§ 1, 2; Code 1915, § 2410; Code 1935, § 2863; 7 Del. C. 1953, § 1309; 69 Del. Laws, c. 423, § 5; 70 Del. Laws, c. 186, § 1.;
§ 1310. Illegal possession of Atlantic sailfish, blue marlin, white marlin and striped marlin; penalties.
(a) No person shall sell, possess for sale, offer for sale, offer to purchase, purchase, deliver for shipment, ship, cause
to be shipped, deliver for transportation, transport or cause to be transported, carry or cause to be carried, by any means
whatever, for the purpose of sale, or barter, the carcass, processed byproduct, or any portion thereof of any Atlantic sailfish
(istiophorus americanus), blue marlin (makaira nigricans ampla), white marlin (makaira albida) or striped marlin (makaira
mitsukurii).
(b) This section shall not apply to Atlantic sailfish, blue marlin, white marlin or striped marlin, whole, packed or processed
in transportation in unbroken packages and coming from any other state or country, but such packages shall be clearly marked
by stencil, tag or otherwise, showing the true origin of the shipment and its destination beyond the limits of this State.
(c) Any person, who violates any provision of this section shall be fined not more than $1,000 for each offense, or be imprisoned
for not more than 30 days for each offense.
(d) The Superior Court shall have jurisdiction of offenses under this section.
7 Del. C. 1953, § 1201; 55 Del. Laws, c. 347.;
§ 1311. Fines payable by mail.
(a) Applicability. -- Any duly constituted law enforcement officer of the Department of Natural Resources and Environmental
Control or peace officer in this State, who charges any person with any of the offenses which are violations of laws or regulations
established or promulgated under the authority of Parts I and II of this title, Chapter 47 of this title or Chapter 21 of
Title 23, may, in addition to issuing a summons for any such offenses, provide the violator with a voluntary assessment form
which, when properly executed by the officer and the offender, allows the offender to dispose of the charges without the necessity
of personally appearing in the court to which the summons is returnable.
(b) Definitions. --
(1) "Payment" as used in this section shall mean the total amount of the fine and of the costs as herein provided and of the
penalty assessment added to the fine pursuant to the Delaware Victim Compensation Law, Chapter 90 of Title 11.
(2) "Voluntary assessment form" as used in this section means the written agreement or document signed by the violator wherein
he or she agrees to pay by mail the fine for the offense described therein together with costs and penalty assessment.
(c) Places and time of payment. -- Payments made pursuant to this section shall be remitted to the court to which the summons
is returnable and shall be disbursed in accordance with § 1307 of this title. The payment must be received by the court within
10 days from the date of arrest (excluding Saturday and Sunday) and shall be paid only by check or money order.
(d) Offenses designated as "offenses subject to voluntary assessment"; exceptions. -- All offenses, as now or hereafter set
forth in this title or Title 23, or regulations promulgated under the authority of this title or Title 23, are hereby designated
as offenses subject to voluntary assessment except the following offenses: Violation of § 787(a) of this title.
(e) Offer and acceptance of voluntary assessment; effect; withdrawal of acceptance; request for hearing. --
(1) At the time of making an arrest for any offense subject to this section, the arresting officer may offer the alleged violator
the option of accepting a voluntary assessment. The alleged violator's signature on the voluntary assessment form constitutes
an acknowledgment of guilt of the offense stated in the form, and an agreement to pay the fine as herein provided, together
with costs and penalty assessment, within 10 days from the date of arrest (excluding Saturday and Sunday) during which time
payment must be received by the court.
(2) The alleged violator, after signing and receiving the voluntary assessment form, may withdraw his or her acceptance of
the voluntary assessment and request a hearing on the charge stated in such form, provided that the alleged violator, within
10 days from the date of arrest (excluding Saturday and Sunday), personally or in writing notifies the court to which payment
of the penalty assessment was to be made that he or she wishes to withdraw his or her acceptance of the voluntary assessment
and requests a hearing on the charge stated in the voluntary assessment form. If the alleged violator notifies the court of
such withdrawal and request for hearing as aforesaid, he or she shall be prosecuted for the charge stated in the voluntary
assessment form as if such form had not been issued.
(f) Penalty. -- If an alleged violator elects the option of accepting a voluntary assessment in accordance with subsection
(e) of this section, the penalty for offenses designated as offenses subject to voluntary assessment shall be the minimum
fine for each specific offense charged, and fines shall be cumulative if more than 1 offense is charged.
(g) Court costs and applicability of Delaware Victim Compensation Law. -- In lieu of any other court costs, and provided the
offense is not subject to other proceedings under this section, each fine for an offense under this section shall be subject
to court costs of $8.50. Each fine for an offense under this section shall be subject also to the penalty assessment which
is or may be provided for in the Delaware Victim Compensation Law, Chapter 90 of Title 11.
(h) Agreement to accept voluntary assessment; procedure. -- Whenever a person is arrested for commission of an offense subject
to voluntary assessment and has elected to make payment as herein provided, the arresting officer, using the uniform Department
of Natural Resources and Environmental Control complaint and summons citation, shall complete the information section and
prepare the voluntary assessment form indicating the amount of the fine, have the arrested person sign the voluntary assessment
form, give a copy of the citation and form to the arrested person and release the arrested person from custody. The arresting
officer shall also inform the arrested person of the court to which payment shall be submitted. No officer shall receive or
accept custody of a payment. If the person declines to accept the voluntary assessment, the arresting officer shall follow
the procedure for arrest as set forth in Chapter 19 of Title 11.
(i) Payment of fine as complete satisfaction; repeat offenders. --
(1) Payment of the prescribed fine, costs and penalty assessment is a complete satisfaction of the violation, except as provided
in paragraph (2) of this subsection, but does not waive any administrative penalty in the nature of license revocation which
may be lawfully revoked by the Department of Natural Resources and Environmental Control.
(2) In the event that following compliance with the payment provisions of this section, it is determined that within the 2-year
period immediately preceding the violation, the violator was convicted of or made a payment pursuant to this section in satisfaction
of a violation of the same section of this title, personal appearance before the court to which the summons is returnable
shall be required. Notice of the time and place for the required court appearance shall be given to the violator by the court
to which the summons for the offense would be returnable.
(j) Removal from applicability of section. --
(1) If a payment due pursuant to this section is not received by the court to which the summons is returnable within 10 days
from the date of arrest (excluding Saturday and Sunday), the violator shall be prosecuted for the offense charged on the voluntary
assessment form in a manner as if a voluntary assessment form had not been issued. Upon conviction in such prosecution, the
court shall impose penalties as provided for by this title and Title 23 or other law relating to the particular violation
charged, and this section, as to payment of fines under voluntary assessments, shall not apply.
(2) In addition to the penalties provided for in paragraph (1) of this subsection, it is a class B misdemeanor, punishable
as provided by Title 11, for any person, who has elected to make payment pursuant to this section, to fail to do so within
10 days (excluding Saturday and Sunday) from the date of arrest.
(k) Nonexclusive procedure. -- The procedure prescribed is not exclusive of any other method prescribed by law for the arrest
and prosecution of persons violating this title.
61 Del. Laws, c. 378, § 1; 62 Del. Laws, c. 213, § 1; 70 Del. Laws, c. 186, § 1; 70 Del. Laws, c. 436, §§ 7-9.;
§ 1312. Wildlife Theft Prevention Special Fund.
(a) There is hereby established by this section a Wildlife Theft Prevention Special Fund which shall consist of:
(1) Moneys received from fines imposed for violations of Chapters 1, 5, 6 and 7 of this title;
(2) Moneys received from donations to the Fund;
(3) Moneys appropriated by the General Assembly to the Fund to carry out the purposes provided for in this section.
(b) Funds from the Wildlife Theft Prevention Special Fund shall be expended only for the following purposes:
(1) Financing of rewards to persons other than peace officers, Department of Natural Resources and Environmental Control personnel
or members of their immediate families, responsible for information leading to the conviction of any person for unlawfully
taking, wounding or carrying, possessing, transporting or selling wildlife or trapping, attempting to trap or illegally setting
traps for the purpose of catching wildlife. The Division of Fish and Wildlife shall establish a schedule of rewards for information
received and payment shall be made from the funds available for this purpose. The amount of such reward shall not exceed $1,000;
(2) Financing of a statewide telephone reporting system containing the name of Operation Game Theft;
(3) Promotion of public recognition and awareness of the Wildlife Theft Prevention Special Program.
(c) The Wildlife Theft Prevention Special Fund shall be expended in conformity with the laws governing the state financial
operations, except that regulations shall be developed by the Department to maintain the confidentiality of the informant's
identity.
(d) For the purpose of implementing paragraph (1) of subsection (a) of this section, all moneys received from fines assessed
for violation of Chapters 1, 5, 6 and 7 of this title shall be deposited at least monthly with the State Treasurer to be retained
by him or her in a Special Fund until expended upon proper vouchers of the Department to carry out the purposes of this section.
62 Del. Laws, c. 326, § 4; 67 Del. Laws, c. 307, § 1; 70 Del. Laws, c. 186, § 1.;
§ 1313. Peace officers ex officio Fish and Wildlife Agents.
All sheriffs, deputy sheriffs, constables and police officers, and all other peace officers of this State, shall be ex officio
Fish and Wildlife Agents.
70 Del. Laws, c. 186, § 1; 70 Del. Laws, c. 275, § 107.;
§ 1301. Arrest of violators without warrant by license holders.
Every person holding a license for hunting or fishing, as prescribed by law, may arrest, without warrant, violators of this
part.
26 Del. Laws, c. 162, § 10; Code 1915, § 2367; Code 1935, § 2813; 7 Del. C. 1953, § 1301.;
§ 1302. Arrest of violators without warrant by freeholder, leaseholder or employee.
Any freeholder or leaseholder or member of his or her family or any person in his or her employ may arrest, without warrant,
any person who, upon the freehold or leasehold, commits any violation of this part.
26 Del. Laws, c. 162, § 11; Code 1915, § 2368; Code 1935, § 2814; 7 Del. C. 1953, § 1302; 70 Del. Laws, c. 186, § 1.;
§ 1303. Confiscation and disposition of game and fish unlawfully taken.
The Department shall 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.
26 Del. Laws, c. 162, § 13; Code 1915, § 2370; Code 1935, § 2816; 7 Del. C. 1953, § 1303; 57 Del. Laws, c. 739, § 73.;
§ 1304. Environmental misdemeanors, sentence and fines.
(a) Violations of Chapters 1, 5, 6 and 7 and of Subchapter I of Chapter 11 of this Title or Department orders, rules or regulations
promulgated to implement provisions of these chapters are designated as environmental misdemeanors.
(b) Notwithstanding the classification of misdemeanors in § 4202(a) of Title 11, environmental misdemeanors are classified
for the purpose of sentencing into 4 categories:
(1) Class A environmental misdemeanors;
(2) Class B environmental misdemeanors;
(3) Class C environmental misdemeanors;
(4) Class D environmental misdemeanors.
(c) Any violation of Chapters 1, 5, 6 or 7 or of Subchapter I of Chapter 11 of this Title for which there is no prescribed
penalty shall be a class C environmental misdemeanor.
(d) Any person convicted of a class A environmental misdemeanor shall be fined not less than $1000, nor more than $10,000,
plus the costs of prosecution and court costs, or such person shall be imprisoned for up to 60 days, or such person shall
be both fined and imprisoned according to the foregoing limitations. Any person convicted of a class A environmental misdemeanor
within five years of a prior conviction for a class A environmental misdemeanor shall be fined not less than $2,000, nor more
than $20,000, plus the costs of prosecution and court costs, or such person shall be imprisoned for up to 120 days, or such
person shall be both fined and imprisoned according to the foregoing limitations.
(e) Any person convicted of a class B environmental misdemeanor shall be fined not less than $250, nor more than $1,000, plus
the costs of prosecution and court costs, or such person shall be imprisoned for up to 30 days, or such person shall be both
fined and imprisoned according to the foregoing limitations. Any person convicted of a class B environmental misdemeanor within
five years of a prior conviction for a class B or greater environmental misdemeanor shall be fined not less than $500, nor
more than $2,000, plus the costs of prosecution and court costs, or such person shall be imprisoned for up to 60 days, or
such person shall be both fined and imprisoned according to aforesaid limitations.
(f) Any person convicted of a class C environmental misdemeanor shall be fined not less than $50, nor more than $250, plus
the costs of prosecution and court costs, or such person shall be imprisoned for up to 10 days, or such person shall be both
fined and imprisoned according to the foregoing limitations. Any person convicted of a class C environmental misdemeanor within
five years of a prior conviction for a class C or greater environmental misdemeanor shall be fined not less than $100, nor
more than $500, plus the costs of prosecution and court costs, or such person shall be imprisoned for up to 20 days, or such
person shall be both fined and imprisoned according to the foregoing limitations.
(g) Any person convicted of a class D environmental misdemeanor shall be fined not less than $25, nor more than $100, plus
the costs of prosecution and court costs, or such person shall be imprisoned for up to 5 days, or such person shall be both
fined and imprisoned according to the foregoing limitations. Any person convicted of a class D environmental misdemeanor within
five years of a prior conviction for a class D or greater environmental misdemeanor shall be fined not less than $50, nor
more than $200, plus the costs of prosecution and court costs, or such person shall be imprisoned for up to 10 days, or such
person shall be both fined and imprisoned according to the foregoing limitations.
(h) Any fine imposed for any environmental misdemeanor shall not be suspended to any amount less than the minimum prescribed
fine.
26 Del. Laws, c. 164, § 16; 26 Del. Laws, c. 165, § 16; Code 1915, §§ 2391A, 2405; 30 Del. Laws, c. 176, § 3; 40 Del. Laws, c. 191, § 23; Code 1935, §§ 2851, 2865; 7 Del. C. 1953, § 1304; 52 Del. Laws, c. 290; 63 Del. Laws, c. 389, § 2; 70 Del. Laws, c. 275, § 106; 70 Del. Laws, c. 436, § 6.;
§ 1305. Violations by corporations; service; collection of fines.
Where a corporation is accused of violating this part, the warrant of arrest may be read to the president, secretary, or manager
in this State, or to any general or local agent thereof in any county where the action or indictment is pending. Upon return
of the warrant so served, the corporation shall be deemed in court and subject to the jurisdiction thereof. Any fine imposed
may be collected by execution against the property of the corporation. This section shall not exempt an agent or employee
from prosecution.
26 Del. Laws, c. 164, § 10; Code 1915, § 2399; Code 1935, § 2859; 7 Del. C. 1953, § 1305.;
§ 1306. Failure of officer or Fish and Wildlife Agent to do duty; penalty.
Whoever, being an official, officer or Fish and Wildlife Agent, fails to perform any act, duty or obligation enjoined upon
the person by this part, shall be fined not less than $50 nor more than $100 and costs for each offense.
26 Del. Laws, c. 164, § 11; Code 1915, § 2400; Code 1935, § 2860; 7 Del. C. 1953, § 1306; 70 Del. Laws, c. 105, § 8; 70 Del. Laws, c. 186, § 1.;
§ 1307. Report to Department.
Any court or officer of any court, before whom any prosecution, under this part, is commenced or shall go on appeal, and within
20 days after trial or dismissal thereof, shall report in writing the result thereof and the amount of fine or forfeiture
collected, if any, and the disposition thereof, to the Department, remitting at the same time all money collected from fines
and forfeitures.
26 Del. Laws, c. 164, §§ 12, 15; 27 Del. Laws, c. 155, §§ 2, 3; Code 1915, § 2401; Code 1935, § 2861; 7 Del. C. 1953, § 1307; 57 Del. Laws, c. 739, § 74.;
§ 1308. Affidavit, complaint or indictment charging several offenses; proof.
Two or more offenses may be charged in the same affidavit, complaint or indictment. Proof as to a part of a bird, animal or
fish shall be sufficient to sustain a charge to the whole of it. The violation of this part as to a number of animals, birds
or fish may be charged in the same count, and punished as a separate offense as to each animal, bird or fish.
26 Del. Laws, c. 164, § 13; Code 1915, § 2402; Code 1935, § 2862; 7 Del. C. 1953, § 1308.;
§ 1309. Jurisdiction of justices of peace; appeal; bond.
(a) The justices of the peace in this State shall have jurisdiction of all offenses under this part, unless another court
is given exclusive jurisdiction.
(b) Any person charged before a justice of the peace with a violation of
this part shall have the right to appeal to the Court of Common Pleas for the
county wherein the hearing before the justice of the peace takes place. The
appeal shall be allowed by the justice at any time within 15 days from the day
of giving the judgment and not after, counting the day as one, upon the party
entitled to the appeal, or the party's agent or attorney, praying it and
offering sufficient security in such sum as the justice deems sufficient to
cover the judgment appealed from and the costs on the appeal. The justice
shall make an entry thereof as follows:
" 'On the ............ day of ............, 19 ...., the said ............
appeals, and ............ becomes surety in the ............ sum of
.......... that the said appeal shall be prosecuted with effect, and also that
any judgment which shall be rendered against the said ............ or that
person's executors or administrators, upon said appeal, shall be satisfied.' "
"The entry shall be signed by the sureties or it shall be void. When signed it shall be an obligation of record to the extent
of the sum therein expressed, and shall bind the sureties and their executors and administrators, jointly and severally, to
satisfy any judgment rendered on the appeal against the party appealing, or that person's executors or administrators, and,
if the appeal is not duly entered in Court, or is dismissed, then to satisfy the judgment appealed from with all costs on
the appeal. A civil action may be sustained on such entry before a justice, if the demand does not exceed $200, or if above
that sum in the Court of Common Pleas, or if the appeal is not entered, or is dismissed, execution may be issued against the
defendant and surety."
25 Del. Laws, c. 228, §§ 1, 2; Code 1915, § 2410; Code 1935, § 2863; 7 Del. C. 1953, § 1309; 69 Del. Laws, c. 423, § 5; 70 Del. Laws, c. 186, § 1.;
§ 1310. Illegal possession of Atlantic sailfish, blue marlin, white marlin and striped marlin; penalties.
(a) No person shall sell, possess for sale, offer for sale, offer to purchase, purchase, deliver for shipment, ship, cause
to be shipped, deliver for transportation, transport or cause to be transported, carry or cause to be carried, by any means
whatever, for the purpose of sale, or barter, the carcass, processed byproduct, or any portion thereof of any Atlantic sailfish
(istiophorus americanus), blue marlin (makaira nigricans ampla), white marlin (makaira albida) or striped marlin (makaira
mitsukurii).
(b) This section shall not apply to Atlantic sailfish, blue marlin, white marlin or striped marlin, whole, packed or processed
in transportation in unbroken packages and coming from any other state or country, but such packages shall be clearly marked
by stencil, tag or otherwise, showing the true origin of the shipment and its destination beyond the limits of this State.
(c) Any person, who violates any provision of this section shall be fined not more than $1,000 for each offense, or be imprisoned
for not more than 30 days for each offense.
(d) The Superior Court shall have jurisdiction of offenses under this section.
7 Del. C. 1953, § 1201; 55 Del. Laws, c. 347.;
§ 1311. Fines payable by mail.
(a) Applicability. -- Any duly constituted law enforcement officer of the Department of Natural Resources and Environmental
Control or peace officer in this State, who charges any person with any of the offenses which are violations of laws or regulations
established or promulgated under the authority of Parts I and II of this title, Chapter 47 of this title or Chapter 21 of
Title 23, may, in addition to issuing a summons for any such offenses, provide the violator with a voluntary assessment form
which, when properly executed by the officer and the offender, allows the offender to dispose of the charges without the necessity
of personally appearing in the court to which the summons is returnable.
(b) Definitions. --
(1) "Payment" as used in this section shall mean the total amount of the fine and of the costs as herein provided and of the
penalty assessment added to the fine pursuant to the Delaware Victim Compensation Law, Chapter 90 of Title 11.
(2) "Voluntary assessment form" as used in this section means the written agreement or document signed by the violator wherein
he or she agrees to pay by mail the fine for the offense described therein together with costs and penalty assessment.
(c) Places and time of payment. -- Payments made pursuant to this section shall be remitted to the court to which the summons
is returnable and shall be disbursed in accordance with § 1307 of this title. The payment must be received by the court within
10 days from the date of arrest (excluding Saturday and Sunday) and shall be paid only by check or money order.
(d) Offenses designated as "offenses subject to voluntary assessment"; exceptions. -- All offenses, as now or hereafter set
forth in this title or Title 23, or regulations promulgated under the authority of this title or Title 23, are hereby designated
as offenses subject to voluntary assessment except the following offenses: Violation of § 787(a) of this title.
(e) Offer and acceptance of voluntary assessment; effect; withdrawal of acceptance; request for hearing. --
(1) At the time of making an arrest for any offense subject to this section, the arresting officer may offer the alleged violator
the option of accepting a voluntary assessment. The alleged violator's signature on the voluntary assessment form constitutes
an acknowledgment of guilt of the offense stated in the form, and an agreement to pay the fine as herein provided, together
with costs and penalty assessment, within 10 days from the date of arrest (excluding Saturday and Sunday) during which time
payment must be received by the court.
(2) The alleged violator, after signing and receiving the voluntary assessment form, may withdraw his or her acceptance of
the voluntary assessment and request a hearing on the charge stated in such form, provided that the alleged violator, within
10 days from the date of arrest (excluding Saturday and Sunday), personally or in writing notifies the court to which payment
of the penalty assessment was to be made that he or she wishes to withdraw his or her acceptance of the voluntary assessment
and requests a hearing on the charge stated in the voluntary assessment form. If the alleged violator notifies the court of
such withdrawal and request for hearing as aforesaid, he or she shall be prosecuted for the charge stated in the voluntary
assessment form as if such form had not been issued.
(f) Penalty. -- If an alleged violator elects the option of accepting a voluntary assessment in accordance with subsection
(e) of this section, the penalty for offenses designated as offenses subject to voluntary assessment shall be the minimum
fine for each specific offense charged, and fines shall be cumulative if more than 1 offense is charged.
(g) Court costs and applicability of Delaware Victim Compensation Law. -- In lieu of any other court costs, and provided the
offense is not subject to other proceedings under this section, each fine for an offense under this section shall be subject
to court costs of $8.50. Each fine for an offense under this section shall be subject also to the penalty assessment which
is or may be provided for in the Delaware Victim Compensation Law, Chapter 90 of Title 11.
(h) Agreement to accept voluntary assessment; procedure. -- Whenever a person is arrested for commission of an offense subject
to voluntary assessment and has elected to make payment as herein provided, the arresting officer, using the uniform Department
of Natural Resources and Environmental Control complaint and summons citation, shall complete the information section and
prepare the voluntary assessment form indicating the amount of the fine, have the arrested person sign the voluntary assessment
form, give a copy of the citation and form to the arrested person and release the arrested person from custody. The arresting
officer shall also inform the arrested person of the court to which payment shall be submitted. No officer shall receive or
accept custody of a payment. If the person declines to accept the voluntary assessment, the arresting officer shall follow
the procedure for arrest as set forth in Chapter 19 of Title 11.
(i) Payment of fine as complete satisfaction; repeat offenders. --
(1) Payment of the prescribed fine, costs and penalty assessment is a complete satisfaction of the violation, except as provided
in paragraph (2) of this subsection, but does not waive any administrative penalty in the nature of license revocation which
may be lawfully revoked by the Department of Natural Resources and Environmental Control.
(2) In the event that following compliance with the payment provisions of this section, it is determined that within the 2-year
period immediately preceding the violation, the violator was convicted of or made a payment pursuant to this section in satisfaction
of a violation of the same section of this title, personal appearance before the court to which the summons is returnable
shall be required. Notice of the time and place for the required court appearance shall be given to the violator by the court
to which the summons for the offense would be returnable.
(j) Removal from applicability of section. --
(1) If a payment due pursuant to this section is not received by the court to which the summons is returnable within 10 days
from the date of arrest (excluding Saturday and Sunday), the violator shall be prosecuted for the offense charged on the voluntary
assessment form in a manner as if a voluntary assessment form had not been issued. Upon conviction in such prosecution, the
court shall impose penalties as provided for by this title and Title 23 or other law relating to the particular violation
charged, and this section, as to payment of fines under voluntary assessments, shall not apply.
(2) In addition to the penalties provided for in paragraph (1) of this subsection, it is a class B misdemeanor, punishable
as provided by Title 11, for any person, who has elected to make payment pursuant to this section, to fail to do so within
10 days (excluding Saturday and Sunday) from the date of arrest.
(k) Nonexclusive procedure. -- The procedure prescribed is not exclusive of any other method prescribed by law for the arrest
and prosecution of persons violating this title.
61 Del. Laws, c. 378, § 1; 62 Del. Laws, c. 213, § 1; 70 Del. Laws, c. 186, § 1; 70 Del. Laws, c. 436, §§ 7-9.;
§ 1312. Wildlife Theft Prevention Special Fund.
(a) There is hereby established by this section a Wildlife Theft Prevention Special Fund which shall consist of:
(1) Moneys received from fines imposed for violations of Chapters 1, 5, 6 and 7 of this title;
(2) Moneys received from donations to the Fund;
(3) Moneys appropriated by the General Assembly to the Fund to carry out the purposes provided for in this section.
(b) Funds from the Wildlife Theft Prevention Special Fund shall be expended only for the following purposes:
(1) Financing of rewards to persons other than peace officers, Department of Natural Resources and Environmental Control personnel
or members of their immediate families, responsible for information leading to the conviction of any person for unlawfully
taking, wounding or carrying, possessing, transporting or selling wildlife or trapping, attempting to trap or illegally setting
traps for the purpose of catching wildlife. The Division of Fish and Wildlife shall establish a schedule of rewards for information
received and payment shall be made from the funds available for this purpose. The amount of such reward shall not exceed $1,000;
(2) Financing of a statewide telephone reporting system containing the name of Operation Game Theft;
(3) Promotion of public recognition and awareness of the Wildlife Theft Prevention Special Program.
(c) The Wildlife Theft Prevention Special Fund shall be expended in conformity with the laws governing the state financial
operations, except that regulations shall be developed by the Department to maintain the confidentiality of the informant's
identity.
(d) For the purpose of implementing paragraph (1) of subsection (a) of this section, all moneys received from fines assessed
for violation of Chapters 1, 5, 6 and 7 of this title shall be deposited at least monthly with the State Treasurer to be retained
by him or her in a Special Fund until expended upon proper vouchers of the Department to carry out the purposes of this section.
62 Del. Laws, c. 326, § 4; 67 Del. Laws, c. 307, § 1; 70 Del. Laws, c. 186, § 1.;
§ 1313. Peace officers ex officio Fish and Wildlife Agents.
All sheriffs, deputy sheriffs, constables and police officers, and all other peace officers of this State, shall be ex officio
Fish and Wildlife Agents.
70 Del. Laws, c. 186, § 1; 70 Del. Laws, c. 275, § 107.;
§ 1301. Arrest of violators without warrant by license holders.
Every person holding a license for hunting or fishing, as prescribed by law, may arrest, without warrant, violators of this
part.
26 Del. Laws, c. 162, § 10; Code 1915, § 2367; Code 1935, § 2813; 7 Del. C. 1953, § 1301.;
§ 1302. Arrest of violators without warrant by freeholder, leaseholder or employee.
Any freeholder or leaseholder or member of his or her family or any person in his or her employ may arrest, without warrant,
any person who, upon the freehold or leasehold, commits any violation of this part.
26 Del. Laws, c. 162, § 11; Code 1915, § 2368; Code 1935, § 2814; 7 Del. C. 1953, § 1302; 70 Del. Laws, c. 186, § 1.;
§ 1303. Confiscation and disposition of game and fish unlawfully taken.
The Department shall 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.
26 Del. Laws, c. 162, § 13; Code 1915, § 2370; Code 1935, § 2816; 7 Del. C. 1953, § 1303; 57 Del. Laws, c. 739, § 73.;
§ 1304. Environmental misdemeanors, sentence and fines.
(a) Violations of Chapters 1, 5, 6 and 7 and of Subchapter I of Chapter 11 of this Title or Department orders, rules or regulations
promulgated to implement provisions of these chapters are designated as environmental misdemeanors.
(b) Notwithstanding the classification of misdemeanors in § 4202(a) of Title 11, environmental misdemeanors are classified
for the purpose of sentencing into 4 categories:
(1) Class A environmental misdemeanors;
(2) Class B environmental misdemeanors;
(3) Class C environmental misdemeanors;
(4) Class D environmental misdemeanors.
(c) Any violation of Chapters 1, 5, 6 or 7 or of Subchapter I of Chapter 11 of this Title for which there is no prescribed
penalty shall be a class C environmental misdemeanor.
(d) Any person convicted of a class A environmental misdemeanor shall be fined not less than $1000, nor more than $10,000,
plus the costs of prosecution and court costs, or such person shall be imprisoned for up to 60 days, or such person shall
be both fined and imprisoned according to the foregoing limitations. Any person convicted of a class A environmental misdemeanor
within five years of a prior conviction for a class A environmental misdemeanor shall be fined not less than $2,000, nor more
than $20,000, plus the costs of prosecution and court costs, or such person shall be imprisoned for up to 120 days, or such
person shall be both fined and imprisoned according to the foregoing limitations.
(e) Any person convicted of a class B environmental misdemeanor shall be fined not less than $250, nor more than $1,000, plus
the costs of prosecution and court costs, or such person shall be imprisoned for up to 30 days, or such person shall be both
fined and imprisoned according to the foregoing limitations. Any person convicted of a class B environmental misdemeanor within
five years of a prior conviction for a class B or greater environmental misdemeanor shall be fined not less than $500, nor
more than $2,000, plus the costs of prosecution and court costs, or such person shall be imprisoned for up to 60 days, or
such person shall be both fined and imprisoned according to aforesaid limitations.
(f) Any person convicted of a class C environmental misdemeanor shall be fined not less than $50, nor more than $250, plus
the costs of prosecution and court costs, or such person shall be imprisoned for up to 10 days, or such person shall be both
fined and imprisoned according to the foregoing limitations. Any person convicted of a class C environmental misdemeanor within
five years of a prior conviction for a class C or greater environmental misdemeanor shall be fined not less than $100, nor
more than $500, plus the costs of prosecution and court costs, or such person shall be imprisoned for up to 20 days, or such
person shall be both fined and imprisoned according to the foregoing limitations.
(g) Any person convicted of a class D environmental misdemeanor shall be fined not less than $25, nor more than $100, plus
the costs of prosecution and court costs, or such person shall be imprisoned for up to 5 days, or such person shall be both
fined and imprisoned according to the foregoing limitations. Any person convicted of a class D environmental misdemeanor within
five years of a prior conviction for a class D or greater environmental misdemeanor shall be fined not less than $50, nor
more than $200, plus the costs of prosecution and court costs, or such person shall be imprisoned for up to 10 days, or such
person shall be both fined and imprisoned according to the foregoing limitations.
(h) Any fine imposed for any environmental misdemeanor shall not be suspended to any amount less than the minimum prescribed
fine.
26 Del. Laws, c. 164, § 16; 26 Del. Laws, c. 165, § 16; Code 1915, §§ 2391A, 2405; 30 Del. Laws, c. 176, § 3; 40 Del. Laws, c. 191, § 23; Code 1935, §§ 2851, 2865; 7 Del. C. 1953, § 1304; 52 Del. Laws, c. 290; 63 Del. Laws, c. 389, § 2; 70 Del. Laws, c. 275, § 106; 70 Del. Laws, c. 436, § 6.;
§ 1305. Violations by corporations; service; collection of fines.
Where a corporation is accused of violating this part, the warrant of arrest may be read to the president, secretary, or manager
in this State, or to any general or local agent thereof in any county where the action or indictment is pending. Upon return
of the warrant so served, the corporation shall be deemed in court and subject to the jurisdiction thereof. Any fine imposed
may be collected by execution against the property of the corporation. This section shall not exempt an agent or employee
from prosecution.
26 Del. Laws, c. 164, § 10; Code 1915, § 2399; Code 1935, § 2859; 7 Del. C. 1953, § 1305.;
§ 1306. Failure of officer or Fish and Wildlife Agent to do duty; penalty.
Whoever, being an official, officer or Fish and Wildlife Agent, fails to perform any act, duty or obligation enjoined upon
the person by this part, shall be fined not less than $50 nor more than $100 and costs for each offense.
26 Del. Laws, c. 164, § 11; Code 1915, § 2400; Code 1935, § 2860; 7 Del. C. 1953, § 1306; 70 Del. Laws, c. 105, § 8; 70 Del. Laws, c. 186, § 1.;
§ 1307. Report to Department.
Any court or officer of any court, before whom any prosecution, under this part, is commenced or shall go on appeal, and within
20 days after trial or dismissal thereof, shall report in writing the result thereof and the amount of fine or forfeiture
collected, if any, and the disposition thereof, to the Department, remitting at the same time all money collected from fines
and forfeitures.
26 Del. Laws, c. 164, §§ 12, 15; 27 Del. Laws, c. 155, §§ 2, 3; Code 1915, § 2401; Code 1935, § 2861; 7 Del. C. 1953, § 1307; 57 Del. Laws, c. 739, § 74.;
§ 1308. Affidavit, complaint or indictment charging several offenses; proof.
Two or more offenses may be charged in the same affidavit, complaint or indictment. Proof as to a part of a bird, animal or
fish shall be sufficient to sustain a charge to the whole of it. The violation of this part as to a number of animals, birds
or fish may be charged in the same count, and punished as a separate offense as to each animal, bird or fish.
26 Del. Laws, c. 164, § 13; Code 1915, § 2402; Code 1935, § 2862; 7 Del. C. 1953, § 1308.;
§ 1309. Jurisdiction of justices of peace; appeal; bond.
(a) The justices of the peace in this State shall have jurisdiction of all offenses under this part, unless another court
is given exclusive jurisdiction.
(b) Any person charged before a justice of the peace with a violation of
this part shall have the right to appeal to the Court of Common Pleas for the
county wherein the hearing before the justice of the peace takes place. The
appeal shall be allowed by the justice at any time within 15 days from the day
of giving the judgment and not after, counting the day as one, upon the party
entitled to the appeal, or the party's agent or attorney, praying it and
offering sufficient security in such sum as the justice deems sufficient to
cover the judgment appealed from and the costs on the appeal. The justice
shall make an entry thereof as follows:
" 'On the ............ day of ............, 19 ...., the said ............
appeals, and ............ becomes surety in the ............ sum of
.......... that the said appeal shall be prosecuted with effect, and also that
any judgment which shall be rendered against the said ............ or that
person's executors or administrators, upon said appeal, shall be satisfied.' "
"The entry shall be signed by the sureties or it shall be void. When signed it shall be an obligation of record to the extent
of the sum therein expressed, and shall bind the sureties and their executors and administrators, jointly and severally, to
satisfy any judgment rendered on the appeal against the party appealing, or that person's executors or administrators, and,
if the appeal is not duly entered in Court, or is dismissed, then to satisfy the judgment appealed from with all costs on
the appeal. A civil action may be sustained on such entry before a justice, if the demand does not exceed $200, or if above
that sum in the Court of Common Pleas, or if the appeal is not entered, or is dismissed, execution may be issued against the
defendant and surety."
25 Del. Laws, c. 228, §§ 1, 2; Code 1915, § 2410; Code 1935, § 2863; 7 Del. C. 1953, § 1309; 69 Del. Laws, c. 423, § 5; 70 Del. Laws, c. 186, § 1.;
§ 1310. Illegal possession of Atlantic sailfish, blue marlin, white marlin and striped marlin; penalties.
(a) No person shall sell, possess for sale, offer for sale, offer to purchase, purchase, deliver for shipment, ship, cause
to be shipped, deliver for transportation, transport or cause to be transported, carry or cause to be carried, by any means
whatever, for the purpose of sale, or barter, the carcass, processed byproduct, or any portion thereof of any Atlantic sailfish
(istiophorus americanus), blue marlin (makaira nigricans ampla), white marlin (makaira albida) or striped marlin (makaira
mitsukurii).
(b) This section shall not apply to Atlantic sailfish, blue marlin, white marlin or striped marlin, whole, packed or processed
in transportation in unbroken packages and coming from any other state or country, but such packages shall be clearly marked
by stencil, tag or otherwise, showing the true origin of the shipment and its destination beyond the limits of this State.
(c) Any person, who violates any provision of this section shall be fined not more than $1,000 for each offense, or be imprisoned
for not more than 30 days for each offense.
(d) The Superior Court shall have jurisdiction of offenses under this section.
7 Del. C. 1953, § 1201; 55 Del. Laws, c. 347.;
§ 1311. Fines payable by mail.
(a) Applicability. -- Any duly constituted law enforcement officer of the Department of Natural Resources and Environmental
Control or peace officer in this State, who charges any person with any of the offenses which are violations of laws or regulations
established or promulgated under the authority of Parts I and II of this title, Chapter 47 of this title or Chapter 21 of
Title 23, may, in addition to issuing a summons for any such offenses, provide the violator with a voluntary assessment form
which, when properly executed by the officer and the offender, allows the offender to dispose of the charges without the necessity
of personally appearing in the court to which the summons is returnable.
(b) Definitions. --
(1) "Payment" as used in this section shall mean the total amount of the fine and of the costs as herein provided and of the
penalty assessment added to the fine pursuant to the Delaware Victim Compensation Law, Chapter 90 of Title 11.
(2) "Voluntary assessment form" as used in this section means the written agreement or document signed by the violator wherein
he or she agrees to pay by mail the fine for the offense described therein together with costs and penalty assessment.
(c) Places and time of payment. -- Payments made pursuant to this section shall be remitted to the court to which the summons
is returnable and shall be disbursed in accordance with § 1307 of this title. The payment must be received by the court within
10 days from the date of arrest (excluding Saturday and Sunday) and shall be paid only by check or money order.
(d) Offenses designated as "offenses subject to voluntary assessment"; exceptions. -- All offenses, as now or hereafter set
forth in this title or Title 23, or regulations promulgated under the authority of this title or Title 23, are hereby designated
as offenses subject to voluntary assessment except the following offenses: Violation of § 787(a) of this title.
(e) Offer and acceptance of voluntary assessment; effect; withdrawal of acceptance; request for hearing. --
(1) At the time of making an arrest for any offense subject to this section, the arresting officer may offer the alleged violator
the option of accepting a voluntary assessment. The alleged violator's signature on the voluntary assessment form constitutes
an acknowledgment of guilt of the offense stated in the form, and an agreement to pay the fine as herein provided, together
with costs and penalty assessment, within 10 days from the date of arrest (excluding Saturday and Sunday) during which time
payment must be received by the court.
(2) The alleged violator, after signing and receiving the voluntary assessment form, may withdraw his or her acceptance of
the voluntary assessment and request a hearing on the charge stated in such form, provided that the alleged violator, within
10 days from the date of arrest (excluding Saturday and Sunday), personally or in writing notifies the court to which payment
of the penalty assessment was to be made that he or she wishes to withdraw his or her acceptance of the voluntary assessment
and requests a hearing on the charge stated in the voluntary assessment form. If the alleged violator notifies the court of
such withdrawal and request for hearing as aforesaid, he or she shall be prosecuted for the charge stated in the voluntary
assessment form as if such form had not been issued.
(f) Penalty. -- If an alleged violator elects the option of accepting a voluntary assessment in accordance with subsection
(e) of this section, the penalty for offenses designated as offenses subject to voluntary assessment shall be the minimum
fine for each specific offense charged, and fines shall be cumulative if more than 1 offense is charged.
(g) Court costs and applicability of Delaware Victim Compensation Law. -- In lieu of any other court costs, and provided the
offense is not subject to other proceedings under this section, each fine for an offense under this section shall be subject
to court costs of $8.50. Each fine for an offense under this section shall be subject also to the penalty assessment which
is or may be provided for in the Delaware Victim Compensation Law, Chapter 90 of Title 11.
(h) Agreement to accept voluntary assessment; procedure. -- Whenever a person is arrested for commission of an offense subject
to voluntary assessment and has elected to make payment as herein provided, the arresting officer, using the uniform Department
of Natural Resources and Environmental Control complaint and summons citation, shall complete the information section and
prepare the voluntary assessment form indicating the amount of the fine, have the arrested person sign the voluntary assessment
form, give a copy of the citation and form to the arrested person and release the arrested person from custody. The arresting
officer shall also inform the arrested person of the court to which payment shall be submitted. No officer shall receive or
accept custody of a payment. If the person declines to accept the voluntary assessment, the arresting officer shall follow
the procedure for arrest as set forth in Chapter 19 of Title 11.
(i) Payment of fine as complete satisfaction; repeat offenders. --
(1) Payment of the prescribed fine, costs and penalty assessment is a complete satisfaction of the violation, except as provided
in paragraph (2) of this subsection, but does not waive any administrative penalty in the nature of license revocation which
may be lawfully revoked by the Department of Natural Resources and Environmental Control.
(2) In the event that following compliance with the payment provisions of this section, it is determined that within the 2-year
period immediately preceding the violation, the violator was convicted of or made a payment pursuant to this section in satisfaction
of a violation of the same section of this title, personal appearance before the court to which the summons is returnable
shall be required. Notice of the time and place for the required court appearance shall be given to the violator by the court
to which the summons for the offense would be returnable.
(j) Removal from applicability of section. --
(1) If a payment due pursuant to this section is not received by the court to which the summons is returnable within 10 days
from the date of arrest (excluding Saturday and Sunday), the violator shall be prosecuted for the offense charged on the voluntary
assessment form in a manner as if a voluntary assessment form had not been issued. Upon conviction in such prosecution, the
court shall impose penalties as provided for by this title and Title 23 or other law relating to the particular violation
charged, and this section, as to payment of fines under voluntary assessments, shall not apply.
(2) In addition to the penalties provided for in paragraph (1) of this subsection, it is a class B misdemeanor, punishable
as provided by Title 11, for any person, who has elected to make payment pursuant to this section, to fail to do so within
10 days (excluding Saturday and Sunday) from the date of arrest.
(k) Nonexclusive procedure. -- The procedure prescribed is not exclusive of any other method prescribed by law for the arrest
and prosecution of persons violating this title.
61 Del. Laws, c. 378, § 1; 62 Del. Laws, c. 213, § 1; 70 Del. Laws, c. 186, § 1; 70 Del. Laws, c. 436, §§ 7-9.;
§ 1312. Wildlife Theft Prevention Special Fund.
(a) There is hereby established by this section a Wildlife Theft Prevention Special Fund which shall consist of:
(1) Moneys received from fines imposed for violations of Chapters 1, 5, 6 and 7 of this title;
(2) Moneys received from donations to the Fund;
(3) Moneys appropriated by the General Assembly to the Fund to carry out the purposes provided for in this section.
(b) Funds from the Wildlife Theft Prevention Special Fund shall be expended only for the following purposes:
(1) Financing of rewards to persons other than peace officers, Department of Natural Resources and Environmental Control personnel
or members of their immediate families, responsible for information leading to the conviction of any person for unlawfully
taking, wounding or carrying, possessing, transporting or selling wildlife or trapping, attempting to trap or illegally setting
traps for the purpose of catching wildlife. The Division of Fish and Wildlife shall establish a schedule of rewards for information
received and payment shall be made from the funds available for this purpose. The amount of such reward shall not exceed $1,000;
(2) Financing of a statewide telephone reporting system containing the name of Operation Game Theft;
(3) Promotion of public recognition and awareness of the Wildlife Theft Prevention Special Program.
(c) The Wildlife Theft Prevention Special Fund shall be expended in conformity with the laws governing the state financial
operations, except that regulations shall be developed by the Department to maintain the confidentiality of the informant's
identity.
(d) For the purpose of implementing paragraph (1) of subsection (a) of this section, all moneys received from fines assessed
for violation of Chapters 1, 5, 6 and 7 of this title shall be deposited at least monthly with the State Treasurer to be retained
by him or her in a Special Fund until expended upon proper vouchers of the Department to carry out the purposes of this section.
62 Del. Laws, c. 326, § 4; 67 Del. Laws, c. 307, § 1; 70 Del. Laws, c. 186, § 1.;
§ 1313. Peace officers ex officio Fish and Wildlife Agents.
All sheriffs, deputy sheriffs, constables and police officers, and all other peace officers of this State, shall be ex officio
Fish and Wildlife Agents.
70 Del. Laws, c. 186, § 1; 70 Del. Laws, c. 275, § 107.;