Title 7, Conservation

§ 105. Assent to federal statutes — Cooperative wildlife-restoration projects. The State assents to the act of Congress entitled, “An Act to Provide that the United States Shall Aid the States in Wildlife-Restoration Projects, and for Other Purposes,” approved September 2, 1937 […

§ 106. Assent to federal statutes — Cooperative fish-restoration projects. The State assents to the act of Congress entitled “An Act to Provide that the United States Shall Aid the States in Fish-Restoration and Management Projects, and for Other Purposes,” approved August 9, 195…

§ 107. Use of funds derived from sale of hunting and trapping licenses. All funds derived from the issuance of licenses issued by the Department for hunting and trapping shall be deposited by the Department with the State Treasurer, retained by the State Treasurer, and specifical…

§ 108. Use of funds derived from sale of fishing licenses. All funds derived from the issuance of licenses issued by the Department for fishing shall be deposited by the Department with the State Treasurer, retained by the State Treasurer, and specifically set aside and earmarked…

§ 109. Deposit of receipts. All funds received by the Department, except those which may be exempt from Chapter 61 of Title 29, and except funds derived from the issuance of yearly licenses for hunting and trapping and fishing, shall be deposited by the Department to the credit o…

§ 110. Disbursements. All disbursements made by the Department for salaries, expenses and other purposes, as are by law permitted, shall be paid by the State Treasurer, to the extent there is money legally available to the Department, upon vouchers issued by the proper officers, …

§ 111. Search and seizure powers of the Secretary and Fish and Wildlife Agents. The Secretary and the Fish and Wildlife Agents may search and examine without warrant any person, conveyance, vehicle, game bag, game coat or other receptacle for protected wildlife, and in the presen…

§ 112. Prohibition against acceptance of fees by employees of Department. No employee of the Department shall receive or accept any fee from the sale of licenses issued by the Department.Code 1915, § 2358B; 40 Del. Laws, c. 191, § 2; Code 1935, § 2804; 7 Del. C. 1953, § 118; 57 D…

§ 113. Protected wildlife injuring agriculture or other community interests. When information is furnished to the Department that any species of protected wildlife has become, under extraordinary conditions, seriously injurious to agriculture or other interests in any particular …

§ 114. Protected wildlife injuring private property. Upon receipt by the Department of information from the owner, tenant or sharecropper that any 1 or more species of protected wildlife are detrimental to his or her crops, property or other interests on the land on which he or s…

§ 115. Power of Department to take game or fish for propagating and restocking purposes. The Department may take any game birds, animals or fish in or out of season in any way for strictly propagating and restocking purposes.Code 1915, § 2538; 30 Del. Laws, c. 176, § 6; Code 1935…

§ 201. Findings. The General Assembly finds and declares: (1) It is in the best interest of the State to preserve and enhance the diversity and abundance of nongame fish and wildlife, and to protect the habitat and natural areas harboring rare and vanishing species of fish, wildl…

§ 202. Definitions. (a) “Department” means the Department of Natural Resources and Environmental Control. (b) “Nongame” is that fauna, including rare and endangered species, which are not commonly trapped, killed, captured or consumed, either for sport or profit.64 Del. Laws, c. …

§ 203. Procedure for contribution; disposition thereof. Repealed by 73 Del. Laws, c. 179, § 2, effective July 12, 2001.

§ 204. Preservation Fund. (a) In order to carry out the purpose of this chapter, there is hereby created a special fund, which shall be known as the Nongame Fish and Wildlife, Nongame Habitat and Natural Areas Preservation Fund of the Treasury of the State. (b) All moneys receive…

§ 501. Licenses. (a) Every resident of this State, except as otherwise provided in this chapter, must obtain a general license before hunting, trapping, fishing, clamming, or crabbing in this State; and every resident who was born after January 1, 1967, must satisfactorily comple…

§ 502. Exceptions to requirements for license. (a) Residents and nonresidents may fish if they are the operator of a vehicle with a surf fishing vehicle permit as long as the vehicle is located on a designated Delaware state park surf fishing beach without being licensed hereunde…

§ 503. Application for resident’s license; proof of residence; use of license information. (a) Each applicant for a resident’s license shall present reasonable proof to the Department or its duly authorized agent that the applicant is a bona fide resident of this State. The Socia…

§ 504. License fees for residents; additional tags. (a) Residents shall pay to the Department or its duly authorized agents the following license fees: (1) $39.50 for a general hunting license. (2) $10 for a trapping license. (3) $8.50 for a general fishing license. (4) $40 for a…

§ 505. License requirements for members of the armed forces. Any member of the armed forces of the United States of America, including any Reserve component thereof, serving on full-time active duty in the State of Delaware while not deployed or on temporary duty, and any member …

§ 506. License requirements for nonresidents; use of license information. (a) Every nonresident, except as otherwise provided in this chapter, must obtain a general license before hunting, trapping, fishing, clamming, or crabbing in this State. Every nonresident who was born afte…

§ 507. Exceptions to requirement of license for nonresidents. (a) (1) Nonresidents or aliens who are occupants of farms in this State containing 20 acres or more who are engaged in the science of husbandry, who actually reside thereon, and the immediate members of the family of s…

§ 508. License and tag fees for nonresidents. (a) Nonresidents shall pay to the Department or its duly authorized agents the following license fees: (1) $199.50 for a general hunting license. (2) $75 for a trapping license. (3) $20 for a general fishing license. (4) $12.50 for a …

§ 509. Complimentary licenses. (a) The Department may issue annually, complimentary hunting and fishing licenses to any of the following: (1) The President of the United States; (2) The governor of any state; (3) Authorized officials of the game and fish departments of other stat…

§ 510. Term of license. (a) All licenses issued by the Division of Fish and Wildlife shall be in lieu of all other charges for such privileges and shall authorize their legal holder the privilege prescribed thereon only during the fiscal year, and, with the exception of fishing l…

§ 511. Licensing agents; bond requirement; service charge; regulations. (a) The Department may authorize as many qualified persons as licensing agents as it deems necessary to effectuate the efficient distribution of the licenses, permits, tags, passes, and stamps authorized by s…

§ 512. Refusal to sell and revocation of license; grounds; notice. (a) The Department may, except as otherwise provided, revoke any hunting, fishing or trapping license, or any license issued by it, and deny any person the right to secure such license or to hunt, fish or trap any…

§ 513. License possession. Each holder of a license issued by the Department shall always possess on their person said license, either in paper or digital form encoded in a manner that validates the license holder, while hunting, fishing or trapping, or while serving as a guide, …

§ 514. Tagging metal traps; obtaining tags; violation and penalty. (a) No person shall set or make use of any kind of a metal trap whatsoever, except for the purpose of taking muskrats, without having first placed a metallic plate or tag on each trap, bearing in plain English the…

§ 515. Possession of protected game or fish by unlicensed nonresident; penalty. (a) No nonresident or alien shall have any protected game or wildlife in his or her possession who does not hold a hunting, trapping or fishing license, for game and fish, respectively, for the time d…

§ 516. Forgery or alteration of license; obtaining license by misrepresentation; use of license by another; penalties. Whoever forges or alters any license or misrepresents the facts in order to obtain any license issued by the Department or use the license of another, or permits…

§ 517. Migratory waterfowl stamp. (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 wi…

§ 518. Hunting or trapping during license revocation. Whoever hunts or traps during a period when the Department has revoked or denied that person the right to secure a license to hunt or trap within the State shall be guilty of a class A environmental misdemeanor, and upon convi…

§ 520. Free sport fishing days. The Secretary of the Department of Natural Resources and Environmental Control may designate up to 2 days within National Fishing Week, which may or may not be consecutive, during each calendar year as “free sport fishing days.” On the designated “…

§ 521. Public lands use fees; blind site permit; conservation access pass. (a) Whoever utilizes a blind site on public lands managed by the Division of Fish and Wildlife and included in the Division’s lottery program for the purposes of hunting waterfowl or deer shall pay an annu…

§ 528. License requirement for commercial raw fur dealer. A person must obtain an annual license before engaging in the business of purchasing or receiving raw furs or pelts for commercial purposes within this State, except muskrat furs or pelts.Code 1915, § 2415A; 40 Del. Laws, …

§ 529. License fees. A resident of Delaware shall pay to the Department a fee of $50 for a license under § 528 of this title. A nonresident of Delaware shall pay a fee of $475 for such a license.Code 1915, § 2415A; 40 Del. Laws, c. 191, § 30; Code 1935, § 2888; 7 Del. C. 1953, § …

§ 530. Qualification of licensee; nontransferability of license. Licenses under this subchapter shall be sold only to citizens of the United States and shall not be transferable.26 Del. Laws, c. 162, § 3; 26 Del. Laws, c. 164, § 15; 27 Del. Laws, c. 154; 27 Del. Laws, c. 155, § 3…

§ 531. Penalties; failure to obtain license. Whoever engages in the business of purchasing or receiving raw furs or pelts for commercial purposes within this State, except muskrat furs or pelts, without obtaining a license as required by § 528 of this title, shall be guilty of a …

§ 532. Records to be kept by licensed fur dealers; inspection; violations and penalties. (a) The holder of a fur dealer’s license shall keep an accurate ledger of all transactions relating to the purchase or receipt of raw furs or pelts. The ledger shall contain the names and add…

§ 542. License requirement. (a) A person must obtain an annual license before engaging in the business or industry of breeding game animals or game birds. (b) This section shall not apply to birds or animals raised by or for the Department, or to any person engaged in the breedin…

§ 543. License fee; qualification of licensee; nontransferability. A fee of $17.50 shall be paid to the Department for a license under this subchapter which shall be issued only to citizens of the United States and which shall not be transferable.26 Del. Laws, c. 162, § 3; 26 Del…

§ 544. Permit to ship game animals or birds out of State. A permit to sell any game animals or game birds shall be required of a breeder to ship game animals or game birds out of this State. The permit shall be obtained from the Department. When game birds or game animals are shi…

§ 545. Penalty. Whoever violates this subchapter shall be fined guilty of a class D environmental violation for each offense.37 Del. Laws, c. 221, §§ 1-4; Code 1935, § 2878; 7 Del. C. 1953, § 564; 70 Del. Laws, c. 275, §§ 30, 31; 79 Del. Laws, c. 421, § 2;

§ 555. Permit to collect protected wildlife, finfish, shellfish or their nests or eggs for scientific, education or propagating purposes. (a) No person or persons shall take, capture, have in possession or transport protected wildlife, finfish, shellfish, or their nests or eggs f…

§ 556. Use of drugs on protected wildlife. (a) It is unlawful to administer any drug to protected wildlife without written authorization from the Director of the Division of Fish and Wildlife except in accordance with a permit issued under the provisions of this title or regulati…