§ 517 — Migratory waterfowl stamp

Delaware § 517

• Jurisdiction: Delaware
• Title: 7
• Part: Game, Wildlife and Dogs
• Ch. 5: LICENSES
• Subch.: Hunting, Trapping and Fishing Licenses, Tags, and Stamps; Public Lands Use Fees

Text

(a) As used in this section:

(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 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, either as a gummed paper stamp validated by the signature of the licensee written across the face of such 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 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.

(d) All funds derived from the issuance of migratory waterfowl stamps shall be deposited by the Division with the State Treasurer and shall be specifically set aside and earmarked as state duck stamp account to permit separate accountability for the receipt and expenditure of funds derived from the sale of state duck stamps.

(1) The Division shall contract annually 50 percent of the revenue collected and deposited in the state duck stamp account with an appropriate nonprofit organization to utilize 50 percent of the revenue collected pursuant to this section for the development of waterfowl propagation areas in Canada from which come substantial numbers of waterfowl migrating to and through Delaware. Before paying such revenue to any nonprofit organization developing waterfowl areas, the Division shall obtain evidence that the project is acceptable to the appropriate agency having a jurisdiction over the lands and waters affected by the project.

(2) The remaining 50 percent of the funds in the state duck stamp account shall be used for the purpose of protection, preserving, restoring, enhancing and developing waterfowl habitat in Delaware.

(e) The Division is hereby granted the authority to establish, by regulation, the method for selecting appropriate designs for the migratory waterfowl stamp.

Legislative History

62 Del. Laws, c. 62, § 1 ; 70 Del. Laws, c. 27, § 2 ; 70 Del. Laws, c. 275, §§ 22, 24 ; 71 Del. Laws, c. 270, § 3 ; 71 Del. Laws, c. 443, § 2 ; 73 Del. Laws, c. 375, § 4 ; 80 Del. Laws, c. 333, § 5 ; 83 Del. Laws, c. 218, § 2