§ 4401. Suspension of open season by proclamation of Governor; exception
(a) During an open season for the taking of game or fish, when it appears to the Governor
that by reason of drought hunting, fishing, and trapping are likely to cause forest
fires, he or she may by proclamation suspend hunting, fishing, and trapping and make
it a closed season for such time as he or she may designate. In such proclamation,
he or she may except from the provisions thereof localities not affected by drought
and certain game birds, animals, and fish.
(b) When it appears to the Governor that the necessity therefor has ceased to exist, he
or she shall remove by proclamation the suspension; except that in case such period
of suspension includes the open season for taking deer, such open season shall not
be reopened, but the Governor by proclamation shall fix some period of equal number
of days in the same year as the open season for the taking of deer.
(c), (d) [Repealed.] (Added 1961, No. 119, § 1, eff. May 9, 1961; amended 1967, No. 56, §§ 1, 2.)
§ 4402. Recommendations of Secretary for closed season; proclamation; special season
When in the opinion of the Secretary conditions exist that constitute an emergency
calling for measures of protection for fish, wildlife, or fur-bearing animals additional
to those provided by existing law, the Secretary shall certify the opinion to the
Governor and attach therewith a statement of the measures of protection she or he
recommends. Upon receipt of such certificate, the Governor by proclamation may suspend
or close the open season in whole or in part with respect to any species of fish,
wildlife, or fur-bearing animal either throughout the State or in any specified locality
or localities or may impose restrictions additional to those already imposed by statute
upon the number of any species of fish, wildlife, or fur-bearing animal to be taken. (Added 1961, No. 119, § 1, eff. May 9, 1961; amended 1991, No. 230 (Adj. Sess.), § 21.)
§ 4403. Suspension period
A proclamation issued under section 4402 of this title shall continue in force until such date as is specified in the proclamation or until
the Governor shall recall it or, if no expiration date is specified or recalling proclamation
issued, until, but in no instance beyond, the convening of the next regular session
of the General Assembly. (Added 1961, No. 119, § 1, eff. May 9, 1961.)
§ 4404. Report of effect of closed season
When the fishing or hunting season is wholly or partly closed by such proclamation,
the Commissioner shall seasonably report to the Governor upon the effect of such action
and the Governor may reopen or extend the season by proclamation for a period not
to exceed that for which she or he had closed it. (Added 1961, No. 119, § 1, eff. May 9, 1961; amended 1991, No. 230 (Adj. Sess.), § 22.)
§ 4405. Publication
(a) Proclamations made under the provisions of section 4401 or 4402 of this title shall be published in such newspapers of the State and posted in such places and
in such manner as the Governor may order. A copy of such publication and order, attested
by the Secretary of Civil and Military Affairs, shall be filed with the Secretary
of State and a like copy shall be furnished to the Secretary who shall attend to the
publication and posting thereof. The expenses of such publication and posting shall
be paid by the Secretary and the Commissioner of Finance and Management shall issue
his or her warrant therefor.
(b) The certificate of the Secretary that she or he has complied with the order of the
Governor in respect to the publication shall be prima facie evidence of the promulgation
of such proclamation. (Added 1961, No. 119, § 1, eff. May 9, 1961; amended 1983, No. 195 (Adj. Sess.), § 5(b); 1991, No. 230 (Adj. Sess.), § 23.)
§ 4406. Violation of closed season; penalty
During the time which shall be made a closed season as provided in section 4401 or 4402 of this title, the several provisions of law relating to closed seasons shall be in force and a
person violating a provision thereof shall be subjected to the penalty provided for
taking fish and wild animals in closed season. (Added 1961, No. 119, § 1, eff. May 9, 1961.)