Title 7, Conservation

§ 757. Trapping muskrats or other fur-bearing animals adjacent to Broadkiln Creek without consent of landowner; penalty. (a) No person shall trap or take muskrats or other fur-bearing animals from any lands adjacent to Broadkiln Creek, from the corporate limits of the Town of Mil…

§ 758. Extension of muskrat open season. Notwithstanding § 703(1) of this title, the open season during which it shall be lawful to catch, kill or pursue or attempt to catch, kill or pursue muskrat may be extended. The Department shall establish both the conditions under which an…

§ 767. Rabbit or hare hunting with ferret. No person shall hunt, take, kill or destroy any rabbit or hare with a ferret, or have a ferret in possession while hunting.26 Del. Laws, c. 165, § 13; Code 1915, § 2386; Code 1935, § 2837; 7 Del. C. 1953, § 771; 70 Del. Laws, c. 275, § 9…

§ 768. Receipt of rabbits from without the State; penalties. (a) No person shall receive from without the State any European or San Juan rabbit or any rabbit from an endemic state or area listed as such by the United States Public Health Service. (b) No person shall receive from …

§ 769. License to sell rabbits received from another state. A special license shall not be required for the purpose of selling rabbits received from without the State in accordance with § 768 of this title.28 Del. Laws, c. 195; Code 1935, § 2845; 7 Del. C. 1953, § 773; 70 Del. La…

§ 770. Identifying rabbits received from another state. All persons exposing rabbits for sale, which were received from without the State, shall mark on a card not less than 12 inches by 8 inches, in readable letters, the words “Shipped Rabbits,” the name of the state from where …

§ 771. Bill of lading to be shown on demand. All persons having rabbits in their possession and offering them for sale shall show, on demand from any constable, police officer or Fish and Wildlife Agent, the bill of lading and all other memoranda of the shipment, so as to satisfy…

§ 781. Taking or destroying terrapin eggs; penalty. Whoever takes or destroys any terrapin eggs found, or collected, on or near the shore of any bay, river or stream in this State, where the water is salt, or upon any salt marsh, or beach, shall be guilty of a class D environment…

§ 783. Terrapin taken or caught in Indian River or Rehoboth Bay — Use of dredges to take terrapin; penalty. Whoever uses any dredge for the purpose of catching or taking terrapin in the Indian River or Rehoboth Bay, or waters adjacent thereto, shall be guilty of a class D environ…

§ 784. Terrapin raised in private ponds. Nothing contained in this subchapter shall prevent any person from raising terrapin in a private pond.24 Del. Laws, c. 151, § 1; 27 Del. Laws, c. 150; Code 1915, § 2492; Code 1935, § 2972; 7 Del. C. 1953, § 784; 70 Del. Laws, c. 275, §§ 95…

§ 786. Raccoon and opossum. (a) No person shall kill any raccoon or opossum, or needlessly destroy, break or interfere with any den or lair of any raccoon or opossum, or set fire to, burn or otherwise mutilate any tree, living or dead, stump or log for the purpose of killing or d…

§ 787. Protection of deer; penalties. (a) No person shall hunt, chase, or pursue with the intent to kill, trap, take, or have in possession any deer (living or dead), except those deer legally taken during the open season and during lawful hours. (b) All evidence including weapon…

§ 788. Exceptions to the prohibition against the killing of red fox. (a) Notwithstanding § 703(2) of this title, red foxes may be harvested statewide. The Department shall establish the season structure and framework through regulations promulgated pursuant to Chapter 101, Admini…

§ 789. Sale or shipment of red fox or red fox hides; penalty. (a) No live red fox shall be sold, purchased, possessed or exposed for sale in this State, or shipped by freight or express, or otherwise, or taken from any place within this State to any place outside this State. Noth…

§ 790. Digging out or killing female fox or her young whelps; penalty. (a) No person shall dig out or in any manner take from any den a female fox, or her young whelps, or kill or in any manner cause the death of such female fox, or her young whelps, during the period of time in …

§ 791. Possession of red fox whelps. Notwithstanding any other provision of this subchapter to the contrary, the taking and possession of red fox whelps between April 1 and August 15 of each year by persons possessing no less than 5 foxhounds kept for chasing mature red foxes and…

§ 792. Legal limit on bullfrogs; penalty. No person shall take or kill more than 24 bullfrogs in any 1 day or night, or have the same in that person’s possession for more than 5 days after the close of the season for killing excepting when they are had in possession alive for sci…

§ 793. Sale of bullfrogs. Notwithstanding any other provisions of Part I of this title, bullfrogs, lawfully taken or killed, may be sold, bought and possessed in any quantity.Code 1935, § 2835(a); 44 Del. Laws, c. 149, § 1; 7 Del. C. 1953, § 797; 70 Del. Laws, c. 275, § 103;

§ 794. Deer accidentally killed by motor vehicle. Any person, who, while operating a motor vehicle upon any public highway in this State, accidentally strikes and kills a deer upon said public highway shall, upon producing visible evidence of collision with said deer to any State…

§ 795. Prohibition of sale or transportation of live skunks or raccoons. No live skunks or raccoons shall be sold or possessed in this State or transported into this State for any purpose without a permit from the Division.63 Del. Laws, c. 389, § 7; 70 Del. Laws, c. 275, § 103;

§ 796. Limitations on harvesting gray fox. (a) It shall be unlawful to harvest gray fox except as otherwise provided in this chapter and directed gray fox harvest seasons shall not be established. (b) Notwithstanding subsection (a) of this section, the collateral take of gray fox…

§ 797. Woodchuck or groundhog not protected wildlife. The animal known as woodchuck or groundhog shall not be a form of protected wildlife in this State.7 Del. C. 1953, § 811; 52 Del. Laws, c. 68; 70 Del. Laws, c. 275, § 104;

§ 798. Taking of woodchuck or groundhog. The woodchuck or groundhog may be hunted, trapped, caught, shot, killed, sold, shipped or otherwise disposed of, by any person and at any time.7 Del. C. 1953, § 812; 52 Del. Laws, c. 68; 70 Del. Laws, c. 275, § 104;

§ 800. Definitions. For the purposes of Part I of this title, unless otherwise specifically defined, or another intention clearly appears, or the context requires a different meaning, the following definitions shall apply: (1) “Invasive wildlife species” means non-native wildlife…

§ 801. Non-native wildlife; rules and regulations. The Department, with the advice and recommendations of the Freshwater Fish and Wildlife Advisory Council, may establish such rules and regulations concerning the importation, possession, transportation, disposition, introduction,…

§ 802. Non-native wildlife injurious to native wildlife, agriculture, and other interests. The Department may issue an appropriate order authorizing and specifying the times and means for an agency, organization, business, industry, person, or group of persons to take, harvest, o…

§ 901. Purpose of chapter; policy of State; interstate fishery management plan; advisory committee. (a) The purpose of this chapter is to effectuate the State’s policy toward the management and conservation of coastal finfishery resources in cooperation with the federal governmen…

§ 902. Application of chapter. This chapter and any regulations promulgated pursuant to this chapter shall apply to fishing for, and the taking of, finfish, in the tidal waters of the State, except for eels, which is provided for under Chapter 18 of this title. This chapter and a…

§ 903. Department of Natural Resources and Environmental Control; authority; permits; regulations [For application of this section, see 84 Del. Laws, c. 528, § 4]. (a) The Department shall administer and enforce the laws and regulations of the State relating to finfishing in the …

§ 903A. Striped bass quotas and tags. (a) If a commercial fisherman holds both a valid commercial hook and line and a commercial gill net permit, such fisherman may catch the combined gill net and hook and line quota for striped bass using gill net, hook and line, or both. (b) If…

§ 904. Advisory Council on Tidal Finfisheries; establishment; organization; authority. (a) There is created an Advisory Council on Tidal Finfisheries to advise the Director on all matters relating to tidal finfisheries management. (b) The Council shall have 7 members, all of whom…

§ 905. Procedures for promulgation of regulations; public hearing notice; submission to Council; approval [Repealed].64 Del. Laws, c. 251, § 1; repealed by 82 Del. Laws, c. 125, § 2, effective July 17, 2019.;

§ 906. Definitions. Unless otherwise provided in this chapter: (1) “Active commercial fisher” shall mean an individual licensed by the Department to fish for commercial purposes for finfish or shellfish who has filed landing reports with the Department that account for no less th…

§ 907. Equipment and methods used for fishing for game fish. Unless otherwise authorized by the adoption of Department regulation or issuance of Division permits, it shall be illegal for any person to fish for any game fish in the tidal waters of the State with any fishing equipm…

§ 908. Equipment and methods used for fishing for bait fish. Unless otherwise authorized by the adoption of any Department regulation or issuance of Division permits subsequent to April 27, 1984, it shall be illegal for any person to fish for bait fish in the tidal waters of the …

§ 909. Fishing for bait fish in tidal waters. Unless otherwise provided by adoption of Department regulation subsequent to April 27, 1984, it shall be legal to fish for bait fish in all tidal waters of this State.64 Del. Laws, c. 251, § 1;

§ 910. Types of fishing equipment and methods used for fishing for food fish. (a) Unless otherwise authorized by this chapter or the adoption of any Department regulation or issuance of Division permits subsequent to April 27, 1984, it is illegal for any person to fish for food f…

§ 911. Scientific permit; issuance; information; expiration; report; equipment marking and identification requirements. (a) For purposes that are scientific or for the propagation of finfish, the Director may issue a scientific permit to any scientific or educational institution,…

§ 912. Sale, trade and/or barter of game fish. (a) No person who catches or takes any species of game fish from or out of the tidal waters of this State shall sell, trade and/or barter said game fish, unless the Director has authorized such sale, trade or barter by issuing the pe…

§ 913. Sale, trade and/or barter of food fish. (a) No individual who catches or takes any species of food fish, from or out of the tidal waters of this State shall sell, trade and/or barter said food fish, unless said individual has been issued a valid commercial food fishing lic…

§ 914. Commercial food fishing license; requirements and fees. A commercial food fishing license shall be issued to an individual in accordance with the requirements and procedure set forth below in this section: (1) The fee for a commercial food fishing license for an individual…

§ 915. Food fishing equipment permit; requirements, fees and restrictions. (a) A valid food fishing equipment permit issued by the Department is required before any individual shall: fish for food fish in the tidal waters of this State with the fishing equipment specified in subs…

§ 916. Finfisheries Development Fund. (a) There is hereby established a Finfisheries Development Fund, which shall be funded by the following sources: (1) Moneys received by the Department for commercial food fishing license fees and food fishing equipment permits; (2) Moneys rec…

§ 917. Areas restricted for using certain fishing equipment. (a) No person shall fish with any fixed fishing equipment in tidal waters located outside the mouths of tributaries known as the Salem River, Christina River, Delaware City Canal and Chesapeake and Delaware Canal, and m…

§ 918. Interfering with fishing equipment. No person shall, except in an emergency, interfere with, break, damage or destroy any fishing equipment that is being used in the tidal waters of this State for the taking of any finfish in a manner provided for by this chapter or any re…

§ 919. Menhaden fishing; penalties. (a) It shall be unlawful for any person to fish, use, employ or attempt to fish, use or employ any purse seine to take or attempt to take menhaden in the tidal waters of this State. (b)-(h) [Repealed.] (i) Whoever violates this section shall be…