Title 7 — Conservation

§ 101. Definitions. For the purposes of Parts I and II of this title, unless otherwise specifically defined, or another intention clearly appears, or the context requires a different meaning: (1) “Department” means the Department of Natural Resources and Environmental Control. (2…

§ 102. Powers and duties. (a) The Department shall protect, manage and conserve all forms of protected wildlife of this State, and enforce by proper actions and proceedings the law relating thereto. The Department shall authorize such studies as are necessary to the work of the D…

§ 103. Rules and regulations; expenditures; violations and penalty. (a) The Department may promulgate such rules and regulations and may make expenditures necessary to: (1) Fix and regulate seasons by shortening, extending or closing seasons, and to fix and regulate the bag limit…

§ 104. Restrictions on expenditures and indebtedness. The Department shall not contract any indebtedness or obligations which cannot be met by funds immediately available to its use, as provided in Part I of this title.Code 1915, § 2358B; 40 Del. Laws, c. 191, § 2; Code 1935, § 2…

§ 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…

§ 601. Importation of endangered species or hides, parts or articles made therefrom. Notwithstanding any other provision of this title, the importation, transportation, possession or sale of any endangered species of fish or wildlife, or hides or other parts thereof, or the sale …

§ 602. Sale of skins, bodies or animals of certain species prohibited. No part of the skin or body, whether raw or manufactured, of the following species of wild animals or the animal itself may be sold or offered for sale by any individual, firm, corporation, association or part…

§ 603. Enforcement. Any officer or agent authorized by the Secretary of the Department of Natural Resources and Environmental Control or any officer or agent authorized by the Director of the Division of Fish and Wildlife, or any police officer of the State, or any police officer…

§ 604. Permits for importation of certain fish or wildlife. The Director of the Division of Fish and Wildlife may permit, under such terms and conditions as he or she may prescribe, the importation of any species or subspecies of fish or wildlife listed in this chapter for zoolog…

§ 605. Penalty. Whoever violates this chapter shall be guilty of a class A environmental misdemeanor for each offense.70 Del. Laws, c. 275, § 42;

§ 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…

§ 920. Marking requirement for fishing equipment; exception for minnow traps; removal of stakes, anchors and lines. (a) No person shall fish with any fixed net in the tidal waters of this State unless said net, pot or trap is marked in accordance with the following criteria: (1) …

§ 921. Identification requirements for equipment. No fisher shall fish with any food fishing equipment in the tidal waters of this State that is permitted under the provisions of § 915 of this title that does not have attached to it a fisher’s food fishing equipment permit number…

§ 922. Length restrictions on certain nets. No person shall fish in Delaware’s internal waters with any 1 gill net that exceeds 200 yards in length, or fish in said waters with more than 1 gill net in a continuous series when the series of gill nets exceeds 500 yards in total len…

§ 923. Gill nets; restrictions on use; seasons. (a) Unless otherwise authorized by a scientific permit issued by the Division, no person shall fish more than an aggregate of 200 feet of gill net, that is anchored, staked or fixed in any way in the tidal waters of this State at an…

§ 924. Unattended fishing equipment. (a) No person shall leave fixed fishing equipment that is being fished in the tidal waters of this State unattended for any longer than 48 hours unless inclement weather provides for unsafe navigation. (b) No person shall leave drifting fishin…

§ 925. Fishing with explosives, chemicals, poisons and other devices; exception for Department and agents. (a) No person shall fish for finfish in the tidal waters of the State with any explosives, chemicals, poisons and/or poisoned baits or other substances or devices employing …