Regulations and Prohibitions Concerning Game and Fish

Del. Code tit. 7, ch. 7
in effect

Del. Code tit. 7, § 701 Game animals.

The following shall be considered game animals:Mink, snapping turtle, raccoon, opossum, gray squirrel, otter, muskrat, red fox, rabbit, frog, deer, skunk, weasel, and beaver. The Bryant fox-squirrel, otherwise known as the “sciurus niger branti,” shall be protected wildlife.

Del. Code tit. 7, § 702 Game birds.

The following shall be considered game birds: The Anatidae, commonly known as geese, brant and river and sea ducks; the Rallidae, commonly known as rails, coots, mudhens and gallinules; the Limicolae, commonly known as shore birds, plovers, surf birds, snipe, woodcock, sandpipers, tattlers and curlews; the Gallinae, commonly known as wild turkeys, grouse, prairie chickens, pheasants, chukar partridges, partridges and quail; also the reed bird of the Icteridae; and the dove.

Del. Code tit. 7, § 703 Open season for game.

The open season during which it shall be lawful to catch, kill or pursue or attempt to catch, kill or pursue muskrat, or to hunt red fox by chase only shall, respectively, be as follows, including, in each instance, the days defining the open season: (1) Muskrat. In New Castle County, December 1 to March 10, next following, but in embanked meadows or marshes in New Castle County, the open season shall be from December 1 to March 20, next following; in Kent and Sussex Counties, December 15 to March 15, next following. (2) Red fox. October 1 to April 30, next following, red fox hunting whenever so permitted and whether occurring on public or private lands as provided herein, shall be permitted by chase only from ½ hour before sunrise until ½ hour after sunset. Red fox hunting shall be permitted only on a Tuesday, Wednesday or Thursday during such time when it is lawful to take deer with a firearm or projectile weapon. However, red fox shall not be hunted by chase at all during deer hunting season that takes place in October, November or December. Notwithstanding the foregoing, red fox may be killed in accordance with § 788 of this title. The Division of Fish and Wildlife shall determine those public lands that are available for fox hunting by chase during any deer hunting season. From January through April, fox hunting by chase during deer hunting season shall be permissible on private lands only on Tuesday, Wednesday and Thursday if the owner of the private land has authorized such hunting to occur thereon.

Del. Code tit. 7, § 704 Prohibited hunting and trapping devices and methods; confiscation of devices; primitive weapon season.

(a) No person shall make use of any pitfall, deadfall, scaffold, cage, snare, trap, net, pen, baited hook, lure, urine or baited field or any other similar device for the purpose of injuring, capturing or killing birds or animals protected by the laws of this State, except red foxes, muskrats, raccoon, opossum, minks, otters, beavers and rabbits may be trapped and snapping turtles may be trapped or taken with a net in accordance with the regulations of the Department of Natural Resources and Environmental Control, and except as otherwise expressly provided. Landlords and tenants and their respective children may take rabbits in traps and snares during the open season for same on their freeholds and leaseholds respectively. For purposes of this section, the term “lure” means any mixture of ingredients intended to be placed at the trap location for the purpose of masking human odor or attracting wildlife. The term “lure” does not include any tangible objects such as duck or goose decoys or similar tangible devices used while hunting nor does the term include any mixture of ingredients intended for the purpose of masking human odor or attracting deer while deer hunting. (b) No person shall make use of any drug, poison, chemical or explosive for the purpose of injuring, capturing or killing birds or animals protected by the laws of this State. (c) The unlawful setting or placing of any of the devices or contrivances named in subsection (a) or (b) of this section is an offense against this section, and such devices and contrivances, when found unlawfully set or placed, shall be confiscated by the Department and disposed of as the Department sees fit. (d) No person shall shoot at, or kill any bird or animal protected by the laws of this State with any device, swivel or punt gun, or with any gun other than such as is habitually raised at arm’s length and fired from the shoulder. Possession of such illegal device or gun while hunting shall be prima facie evidence of an offense under this subsection. (e) No person shall use for hunting or have in their possession while hunting any shotgun shells loaded with lead or lead alloy missiles larger than No. 2 shot, except ammunition permitted for hunting deer during the lawful open season for deer. (f) A muzzle-loading rifle, meaning a single-barrel gun which is loaded with a projectile through the muzzle, having distinct rifling the full length of the bore, shooting a spherical or conical projectile, ignited by a flint striking a frizzen or by a percussion cap or primer, having a minimum bore of .40 inches (10.16 mm), may be used in the pursuit, taking or attempted taking ( “hunting” ) of protected wildlife, provided: (1) Such hunting takes place during the primitive weapon season established by the Department of Natural Resources and Environmental Control and is done pursuant to the requirements of law applicable to other means of hunting protected wildlife. (2) No person engaged in such hunting shall possess or use any multi-projected loads (buck and ball), explosive bullets or any balls smaller than .40 caliber. No weapon may be used for hunting deer during the primitive weapon season other than a muzzle-loading rifle or bow. The Department may permit the use of a single shot muzzle-loading pistol being a minimum .40 caliber with a minimum powder charge of 40 grains during the primitive weapons season for deer, when using a muzzle-loading rifle to provide the coup-de-grace, if required. (g) Except as set forth herein, no person may use a handgun or rifle in the pursuit, taking or attempted taking (hunting) of protected wildlife. A handgun or rifle as described herein may be used for the pursuit, taking and attempted taking (hunting) of deer on privately owned lands situated south of the Chesapeake and Delaware Canal and those lands within the State owned by the State of Delaware so designated for this purpose by the Department of Natural Resources and Environmental Control, and farms permitted by the Department through its deer depredation programs, at its discretion, under the following conditions: (1) The handgun shall be limited to revolvers and single shot pistols with a minimum barrel length of 5.75 inches and not exceeding 12.5 inches and chambered for and using straight-wall handgun ammunition in .30 to .50 caliber with a cartridge case length of no less than 1.25 inches and a maximum case length of 1.82 inches, with the exclusion of .38 caliber, which shall have a minimum cartridge case length of 1.29 inches; (2) The handgun must be carried openly on a sling or in a holster and not concealed; (3) The rifle shall be limited to rifles: a. Using open, metallic/mechanical, optical, or telescopic sights; b. Chambered for and using straight-walled ammunition as defined in paragraph (g)(1) of this section above; and c. Loaded with no more than 3 cartridges in the chamber and magazine combined. (4) To be used as follows: a. A handgun or rifle may be used during a separate season to begin on the first Saturday in January through the second Sunday following the first Saturday in January; and b. A handgun or rifle may be used during the firearm deer season(s), or to hunt game animals; and c. When harvesting deer under a Department deer depredation program. (h) No person shall operate, provide, sell, use, or offer to operate, provide, sell, or use any computer software or service that allows a person not physically present at a hunt site to remotely control a weapon that could be used to take a live animal or bird by remote operation, including, but not limited to, weapons or devices set up to fire through the use of the Internet or through a remote control device. (i) Except as otherwise stated, the Department may permit the use of projectile weapons in the hunting of deer, game animals, and game birds.

Del. Code tit. 7, § 705 Visiting traps within 24-hour periods; killing of trapped animals.

(a) No person who sets or makes use of any trap, except for muskrats, shall permit more than 24 hours to elapse between visits to such trap. (b) Notwithstanding § 704(d) of this title, a .22 caliber rimfire pistol may be used to kill animals lawfully confined or restrained by a trap or snare.

Del. Code tit. 7, § 706 Damaging nest, den or lair of protected wildlife or trees, stumps or logs on another’s property.

No person shall needlessly destroy, break or interfere with any nest, den or lair of any bird or animal protected by the laws of this State, or set fire to, burn, bark or in any way mutilate any tree, living or dead, stump or log, on lands of another, without the express consent of the owner or person in charge.

Del. Code tit. 7, § 707 Hunting or shooting from motor vehicle, boats or farm machinery prohibited; penalty.

(a) No person shall shoot at or kill any bird or animal protected by the laws of this State by means of any firearms or projectile weapons at any time or place while such person is the occupant of any motor vehicle, motor or sail boat or is riding in or upon any piece of farm machinery, unless said person is legally hunting crippled migratory birds from a motorboat as permitted by federal law. The presence of any person in or on any conveyance used in violation of this section shall be deemed to be a violation of this section. (b) Whoever violates this section in the daytime, between sunrise and sunset, shall be guilty of a class C environmental violation for each offense. Whoever violates this section between sunset and sunrise of any day, shall be guilty of a class B environmental misdemeanor for each offense.

Del. Code tit. 7, § 708 Loaded firearms or projectile weapons prohibited in or on motor vehicles, motorboats or farm machinery.

No person shall, for purposes of taking wildlife, have a loaded firearm or projectile weapon in that person’s possession in, against or on any automobile, other vehicle, any piece of farm machinery, motorboat while under power, sailboat while under power, or have any ammunition in the magazine or chamber of such firearm or projectile weapon except when it is otherwise lawful to hunt crippled migratory birds from a motorboat as permitted by federal law.

Del. Code tit. 7, § 709 Hours for hunting; federal laws and regulations; prohibitions and exceptions.

No person shall pursue, catch, take or kill any migratory bird or fowl except within the hours permitted by federal laws and regulations. No person shall pursue, catch, take or kill any animal protected by the laws of this State except frogs, muskrats, raccoons, opossums, skunks, minks, otter and foxes between a half an hour after sunset of 1 day and a 1 / 2 before sunrise the following day. No person shall shoot muskrats within the hours named in this section.

Del. Code tit. 7, § 710 Use of silencer on firearm or airgun; penalty.

Whoever uses a silencer or noise-reducing contrivance on any firearm or airgun when hunting for game or fowl, shall be guilty of a class C environmental violation.

Del. Code tit. 7, § 711 Hunting with automatic-loading gun prohibited; penalty.

(a) No person shall hunt for game birds or game animals in this State, except as authorized by state-sanctioned federal depredation/conservation orders for selected waterfowl species, with or by means of any automatic-loading or hand-operated repeating shotgun capable of holding more than 3 shells, the magazine of which has not been cut off or plugged with a filler incapable of removal through the loading end thereof, so as to reduce the capacity of said gun to not more than 3 shells at 1 time, in the magazine and chamber combined. (b) Whoever violates this section shall be guilty of a class C environmental violation. (c) Having in one’s possession, while in the act of hunting game birds or game animals, a gun that will hold more than 3 shells at 1 time in the magazine and chamber combined, except as authorized in subsection (a) of this section, shall be prima facie evidence of violation of this section.

Del. Code tit. 7, § 712 Sunday hunting.

(a) Hunting or pursuing game birds and game animals shall be permitted on Sundays if: (1) Related to training dogs, (2) A person is hunting red foxes with dogs, (3) A person is participating in commercial game preserve operations in accordance with the provisions of § 572 of this title, (4) Within hunting seasons established by the Department for game birds and game animals, (5) Such Sunday hunting occurs on private lands at landowner discretion and on those public lands as may be designated by and at the discretion of the applicable government agency. For the purpose of this section, “public lands” includes federal, state, county, municipal, or other government-owned lands; or (6) Permitted by the Department through its deer depredation programs. (b) If subsection (a) of this section does not apply, then hunting or pursuing game animals or game birds shall not be permitted on Sundays.

Del. Code tit. 7, § 713 Fire regulations; penalty.

(a) No person shall: (1) Fire or cause to be fired, any woodlot, forest or other wild land or property, material or vegetation being or growing thereon, other than brush in clearing land, either by dropping lighted matches, tobacco or other substance, or in any manner whatsoever without the consent of the owner or owners; or (2) Start a fire or fires anywhere and permit same to spread to woodlots, forests or other wild lands, causing damage to or destruction of such property; or (3) Except as provided in subsection (b) of this section, fire or cause to be fired any marshland in this State after March 1 in any year. (b) The Department, upon application from any landowner or freeholder and after due investigation, may extend beyond March 1 the time during which marshland in this State may be fired, by the issuance of a permit thereto for such purpose, if it is found after such investigation that the landowner or freeholder has been prevented from firing landowner’s or freeholder’s marshland before March 1 by circumstances beyond landowner’s or freeholder’s control. (c) Whoever violates this section shall be guilty of a class C environmental violation for each offense in addition to any other penalty that may be imposed for any damage caused by the setting of unlawful fires of any kind whatsoever.

Del. Code tit. 7, § 714 Trespassing; penalty.

Whoever enters upon the lands or waters of another within this State, without first obtaining permission to do so from the owner or lessee, for the purpose of hunting, trapping or fishing, shall be guilty of a class C environmental violation.

Del. Code tit. 7, § 715 Possession of protected wildlife; prohibitions.

(a) No person shall have more than 2 times the daily bag limit or creel limit of any game bird, game animal or game fish in that person’s possession at any 1 time when it is lawful to possess such wildlife, except that possession limits for game birds protected under the Migratory Bird Treaty Act [16 U.S.C. § 703 et seq.] shall be defined by federal regulations. Any game bird, game animal, or game fish that has been processed and stored for consumption at a person’s permanent residence shall not count against the person’s possession limit. Nothing in this section shall apply to terrapin lawfully taken and of lawful size, when it is lawful to have said animals, their meat and skins in possession. (b) No person shall have in possession any game fish during the closed season for said fish, whether the same shall have been taken within or without the State, and no person shall at any time of the year barter, sell, offer for sale or buy any game birds, game animals or game fish protected by the laws of this State, and killed or caught either lawfully or unlawfully within or without this State, except always the muskrat, the snapping turtle and the diamond back terrapin trade during the seasons when it is lawful to have said animals and their meat in possession, and trading at any and all times in muskrat skins and other skins and in terrapin of lawful size which have been lawfully taken; and further except always hotels, restaurants, clubs and other food dispensers which may offer pheasants and quail for food consumption, provided, however, that every such food dispenser having pheasants and quail in its possession has an invoice covering the same showing purchase thereof from a licensed game breeder within or without this State, said invoice to have the game breeder’s license number on it. (c) No person shall knowingly have in possession any game birds, animals or fish which have been unlawfully killed or taken, except when confiscated by the Department and when in the possession of the Department or when in the possession of those to whom the Department has given them. (d) Whoever violates this section shall be guilty of a class C environmental violation for each offense. In addition to being fined and/or imprisoned, the violator shall be fined $25 for each game bird, game fish and game animal caught or killed illegally, purchased or offered to purchase, sold, offered for sale, bartered or exchanged, or taken or killed or found in possession in excess of the bag or creel limit.

Del. Code tit. 7, § 716 Hunting, fishing or trapping without a license; penalties.

Any person required by this title to obtain a license before hunting, trapping or fishing in this State and who hunts, traps or fishes without having obtained such license shall be guilty of a class C environmental violation.

Del. Code tit. 7, § 717 Frightening or harassing migratory birds; penalties.

Any person who shall frighten or harass migratory birds while at rest on the property of another by use of a rifle, shotgun or any other weapon, shall be guilty of a class C environmental violation.

Del. Code tit. 7, § 718 Requiring wearing of hunter orange in the hunting of deer; violation and penalty.

(a) “Hunter orange” means a daylight fluorescent orange color with a dominant wave length between 595 and 605 nanometers, and exotation purity of not less than 85 percent and illuminous factor of not less than 40 percent. (b) During a time when it is lawful to take deer with a firearm, any person hunting any wildlife except migratory game birds in this State shall display on that person’s head, chest and back a total of not less than 400 square inches of hunter orange material. (c) If a hunter utilizes a ground blind to hunt deer during a time when it is lawful to take deer with a firearm and the hunter is completely concealed within a blind, then 400 square inches of hunter orange material shall be placed within 10 feet outside of the blind and at least 3 feet off of the ground. (d) Whoever violates this section shall be guilty of a class D environmental violation.

Del. Code tit. 7, § 719 Discharge of firearms or projectile weapons on or near public roads and public rights-of-way; penalty.

(a) No person, except in lawful self-defense, shall discharge any firearm or projectile weapon while on or within 15 yards of a public road or right-of-way unless it is a road or right-of-way within an area controlled by the Department of Natural Resources and Environmental Control, the Department of Agriculture of the State or the United States Department of the Interior and is designated by the respective department as an area open to hunting or trapping. (b) No person shall shoot at any wild bird or wild animal while it is on a public road, nor shall any person shoot across a public road or right-of-way at any wild bird or wild animal. (c) Whoever violates this section shall be guilty of a class C environmental violation.

Del. Code tit. 7, § 720 Conditional permits for disabled persons.

Notwithstanding §§ 707, 708 and 719 of this title, the Director of the Division of Fish and Wildlife, Department of Natural Resources and Environmental Control, upon written application and presentation of a medical doctor’s written statement that the applicant is unable to walk or is otherwise physically disabled to the extent that the applicant cannot safely hunt except from a vehicle, may issue a conditional permit to shoot wild birds and wild animals from a stationary vehicle during established hunting seasons and in accordance with other existing laws and regulations.

Del. Code tit. 7, § 721 Killer, body-gripping traps.

Anyone who sets, tends or attempts to set or tend a killer, body-gripping trap with a jaw spread in excess of 5 inches shall be guilty of a class B environmental misdemeanor for each offense.

Del. Code tit. 7, § 722 Prohibition against use of lights; penalties.

(a) No person or persons shall hunt or attempt to hunt at nighttime any species of wild bird or wild animal with any artificial light including the headlights of any vehicle or with any device that amplifies light using a power source including but not limited to night vision and infrared devices. Possession in a motor vehicle or conveyance of any firearms, projectile weapons, or other implements with which wild birds or wild animals may be killed, exposed within immediate reach, either loaded or unloaded, while using any artificial lights or any device that amplifies light, shall be prima facie evidence of the use of such firearms, projectile weapons, or other implements for hunting. Raccoons or opossums may be hunted on foot or while riding on a horse or mule at nighttime during open season with the use of a dog or artificial light or both. Frogs may be hunted on foot or from a boat at nighttime during open season with an artificial light. (b) No person or persons shall make use of any artificial light emanating from a vehicle and directing toward woods, fields, orchards, livestock, wild animals or birds, dwellings or buildings. The provisions of this subsection do not apply to the normal use of headlights of a vehicle traveling on any public or private road in a normal manner, to any police, emergency or utility company vehicle using spotlights to perform their duties, or to any farmer or landowner on the farmer’s or landowner’s own or leased land using artificial lights to check on equipment, crops, livestock or poultry. Nor shall this subsection apply to the normal use of headlights of a vehicle traveling in a normal manner 2 hours prior to sunrise or 2 hours after sunset. (c) Whoever violates this section shall be guilty of a class B environmental misdemeanor.

Del. Code tit. 7, § 723 Hunting or trapping in safety zones; penalty.

(a) (1) No person, except the owner or occupant, or a person with the permission of the owner or occupant, shall discharge a firearm or airgun within 100 yards of an occupied dwelling, house or residence or any barn, stable or any other building used in connection therewith, while hunting or trapping for wild birds or wild animals of any kind. The area within said distance shall be a “safety zone,” and it shall be unlawful to shoot at any wild bird or wild animal while it is within such safety zone without the specific advance permission of the owner or tenant. (2) Notwithstanding any other law or regulation to the contrary, the safety zone for hunting deer by projectile weapon, excluding an airgun, shall be 50 yards. (b) During any open hunting or trapping season, it shall be unlawful for any person, other than the owner or occupant, to hunt or to trap, pursue, disturb or otherwise chase any wild animal or bird within a safety zone without the specific, advance permission of the owner or occupant. (c) No person, except the owner or occupant, or a person with the permission of said owner or occupant, shall discharge a firearm or projectile weapon so that a shot, slug, bullet, arrow, crossbow bolt, spear, or other projectile lands upon any occupied dwelling, house, or residence, or any barn, stable or other building used in connection therewith. (d) Whoever violates this section shall be guilty of a class C environmental violation.

Del. Code tit. 7, § 724 Wilful obstruction or impeding of lawful hunting, fishing or trapping activities.

(a) No person shall wilfully obstruct or impede the participation of any individual in: (1) The lawful taking of fish, crabs, oysters, clams or frogs; or (2) The lawful hunting of any game birds or animals; or (3) The lawful trapping of any game animals. (b) Whoever violates this section shall be guilty of a class B environmental misdemeanor. (c) Hunting, trapping or fishing activities while trespassing upon the private lands of another person, persons or corporation shall not be considered lawful hunting, trapping or fishing activities for purposes of this section. (d) The conduct declared unlawful in this section shall not include any incidental interference arising from lawful activities normally conducted within the general area. (e) This section shall not apply to law-enforcement personnel acting in the lawful performance of their duties.

Del. Code tit. 7, § 725 Falconry; permit; regulations; hunting.

(a) No person may take, transport or possess any raptor for falconry purposes in this State without first procuring a falconry permit from the Department. The Department shall not charge a fee for a falconry permit. (b) The State hereby adopts Title 50 of the Code of Federal Regulations pertaining to falconry, and the Department may promulgate such other regulations as may be necessary to govern the practice of falconry. (c) The falconry permit, when accompanied by a current hunting license, authorizes the hunting of game birds and game animals in compliance with the State’s seasons and bag limits.

Del. Code tit. 7, § 726 Interstate Wildlife Violator Compact.

(1) The Interstate Wildlife Violator Compact is an interstate agreement between member states to enhance the compliance with the hunting, fishing, and other wildlife laws of member states, and provides for the fair and impartial treatment of wildlife and fisheries violators. (2) The Board of Compact Administrators has set forth prescribed requirements and procedures for any state to become a member of the Interstate Wildlife Violator Compact within the established Bylaws and Interstate Wildlife Violator Compact Operations Manual. (3) Through this statute, the State of Delaware directs and empowers the Delaware Department of Natural Resources and Environmental Control (DNREC), Division of Fish and Wildlife to enact all provisions of the Interstate Wildlife Violator Compact. (4) DNREC is charged to adopt and begin implementation of the Interstate Wildlife Violator Compact set forth in the Compact, Bylaws and Operations Manual, and to further recognize all current and future member states legally empowered as members of the Compact on or before July 1, 2016. DNREC shall notify the General Assembly if an extension is necessary for a maximum of 3 years due to technological capacity challenges that preclude timely implementation of the Compact. (5) The State of Delaware by representation through DNREC’s Division of Fish and Wildlife will make a formal application to the Chairman and Board of Administrators of the Interstate Wildlife Violation Compact to receive full admission, authority, and representation as an official member of the Interstate Wildlife Violator Compact.

Del. Code tit. 7, § 734 Prohibitions respecting wild birds other than game birds; birds not protected.

No person shall catch, kill, have in possession (living or dead), purchase, sell or expose for sale, transport or ship any wild bird other than a game bird, or any part of the plumage, skin or body of any such bird, or any game bird, except as expressly permitted by law; but house sparrows, and starlings may be killed, sold or shipped by any person in any manner and at any time.

Del. Code tit. 7, § 735 Nests and eggs protected.

No person shall take or needlessly destroy the nests or eggs of any wild bird, nor have such nests or eggs in that person’s possession.

Del. Code tit. 7, § 736 State game refuges; wildlife refuges.

(a) All state lands, except as otherwise provided, and state, county and municipal parks in Delaware shall be state game refuges and no person shall hunt upon said lands and parks or kill or injure any game therein at any time of the year. (b) Any person may shoot and kill during the open season for same, wild duck, wild geese, brant and snipe on all state lands bordering on the Delaware Bay, Atlantic Ocean, Indian River and Assawoman Bay. (c) Notwithstanding this section, all wildlife refuges created under this title shall be under the jurisdiction of the Department and subject to all the rules and regulations thereof including rules and regulations covering the right to hunt and fish therein.

Del. Code tit. 7, § 737 Exception to application of §§ 734, 735 and 736 for holder of license for scientific purposes.

Sections 734, 735 and 736 of this title shall not apply to any person holding a license giving the right to take birds and their nests and eggs for scientific purposes.

Del. Code tit. 7, § 738 Erection and removal of booby, brush or stake blinds.

No booby, brush or stake blinds shall be erected sooner than 30 days prior to the open season for the hunting of wild water fowl and all such blinds shall be removed within 30 days after the close of said season. Whoever violates this section shall be guilty of a class D environmental violation for each offense.

Del. Code tit. 7, § 739 Prohibitions respecting bald eagles; disturbing, damaging or destroying nests; eggs; penalties.

(a) Any person who disturbs, destroys or in any manner damages a bald eagle’s nest or aerie shall be guilty of a class A environmental misdemeanor. (b) Any person shooting, killing or attempting to kill a bald eagle or any person who removes, or attempts to remove eggs or eaglets from their nest or aerie shall be guilty of a class A environmental misdemeanor. (c) Any person who barters, offers to barter, trades, offers to trade or possesses any bald eagle, bald eagle eggs or eaglets shall be guilty of a class A environmental misdemeanor.

Del. Code tit. 7, § 741 Snow geese.

Notwithstanding any other provision of this title, a person may hunt snow geese by any method, provided the individual complies with federal laws and regulations.

Del. Code tit. 7, § 750 Placement of traps for muskrats.

The habitat of a muskrat shall be a marsh of any size, ordinarily subject to rise and fall of tide, a ditch, a stream, or land not suited to cultivation of crops due to a normally marshy condition. A trap set or found at any place other than such habitat shall be considered as having been set for game animals other than muskrats.

Del. Code tit. 7, § 751 Muskrats driven from shelter by flood or freshet.

No person shall take, kill or capture, by any means whatever, any muskrat during the time of any flood or freshet, when such flood or freshet may cause any muskrat to leave its usual and accustomed place of shelter and protection. Whoever violates this section shall be guilty of a class D environmental violation for each offense.

Del. Code tit. 7, § 752 Hunting muskrats with dog; penalty.

(a) No person shall hunt, take, catch or kill any muskrat with dog or dogs. (b) Whoever violates this section shall be guilty of a class D environmental violation for each offense.

Del. Code tit. 7, § 753 Muskrat nailing; destroying or damaging muskrat house, den; penalties.

(a) No person shall take, capture or kill, at any time, within this State, any muskrat by the method commonly known as nailing; or dig into, tear down, remove, interfere with, destroy or damage in any way any muskrat house, nest, den, lair or refuge. (b) Whoever violates this section shall be guilty of a class C environmental violation for each muskrat house, nest, den, lair or refuge, dug into, torn down, removed, interfered with, destroyed or damaged in any way.

Del. Code tit. 7, § 754 Trespassing on property of another to kill muskrats; violations and penalties.

(a) Whoever enters into or upon, or trespasses upon the ways, marshes, lands or premises of another within this State, without first obtaining the consent of the owner or lessee thereof, for the purpose of taking, trapping, capturing or killing any muskrat in any manner whatsoever, shall be guilty of a class C environmental violation. (b) Nothing in this section shall affect the right of the party injured, to that party’s civil action for damages, as in cases of trespass.

Del. Code tit. 7, § 755 Taking muskrat on public road or highway; penalties.

(a) No person shall take, capture or kill, in any manner, at any time, within this State, any muskrat on any public road or highway. (b) Whoever violates this section shall be guilty of a class D environmental violation for each offense.

Del. Code tit. 7, § 756 Diving or box trap; penalty.

(a) No person shall take, capture or kill, at any time, within the State, any muskrat with a trap commonly known as a diving or box trap. The setting of any such trap in any muskrat den, lead, or runway shall be prima facie evidence of an offense against this section. (b) Whoever violates this section shall be guilty of a class D environmental violation for each offense.

Del. Code tit. 7, § 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 Milton to the Delaware Bay, or from the banks of Broadkiln Creek, from the corporate limits of the Town of Milton to the Delaware Bay, without first obtaining the consent of the owner of the lands or banks of the Creek. The failure of any person trapping or taking muskrats or other fur-bearing animals, as aforesaid, to produce the consent in writing of the landowner or the owner of the bank on which traps are set for muskrats, or other fur-bearing animals are taken shall be prima facie evidence of the violation of this section. (b) Whoever violates this section shall be guilty of a class C environmental violation for each offense.

Del. Code tit. 7, § 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 extension shall occur and the extension framework through regulations promulgated pursuant to Chapter 101 of Title 29, Administrative Procedures Act.

Del. Code tit. 7, § 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.

Del. Code tit. 7, § 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 without the State any rabbit which is not prohibited by subsection (a) of this section unless it is accompanied by the certificate of the Secretary of the Department of Health and Social Services or the Secretary’s designee or of an equivalent agency of the place of origin recognized and approved by the Secretary of the Department of Health and Social Services or the Secretary’s designee to the effect that such rabbit is free from disease. (c) Whoever violates this section shall be guilty of a class B environmental misdemeanor for each offense.

Del. Code tit. 7, § 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.

Del. Code tit. 7, § 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 the rabbits were shipped, and the name of the shipper.

Del. Code tit. 7, § 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 such officer that the rabbits were not killed or shipped from any place within this State.

Del. Code tit. 7, § 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 environmental violation. Anyone having possession of such eggs shall be deemed to have taken them there, unless that person proves the contrary.

Del. Code tit. 7, § 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 environmental violation for each offense.

Del. Code tit. 7, § 784 Terrapin raised in private ponds.

Nothing contained in this subchapter shall prevent any person from raising terrapin in a private pond.

Del. Code tit. 7, § 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 destroying in any way any raccoon or opossum at any time of the year, between 1 hour before sunrise and 1 hour after sunset. (b) Any person may trap, hunt with dogs or otherwise take raccoons from any lands during the period as defined by Departmental regulations. (c) Raccoon and opossum may be legally trapped, statewide, in a box type trap operated in such a way as to confine but not otherwise harm the entrapped raccoon or opossum with a maximum opening dimension not to exceed 195 square inches. (d) Any person may trap or hunt, with dogs, raccoons with permission of the landowner from any lands in New Castle County or Kent County from the southerly boundary of New Castle County Route 380 and east and southeast of the center line of U.S. Route No. 13, thence following said center line of U.S. Route No. 13 to the point where U.S. Route No. 13 forms a junction with U.S. Route No. 113 and thence along the center line of U.S. Route No. 113 to a line dividing Kent County from Sussex County during any time of the year; provided, however, that this subsection shall not apply to lands in Kent County lying east of the center line of Rt. 113, north of the Sussex County line and south of the St. Jones River. (e) Notwithstanding § § 704(d) of this title, a rimfire pistol may be used to hunt raccoons and opossums.

Del. Code tit. 7, § 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 weapons, ammunition, lights, communication systems, and instrumentalities including motor vehicles used in violation of subsection (a) of this section may be seized and retained as evidence, and forfeited according to procedures set forth in the Superior Court Criminal Rules. Wherever the State seeks to have property allegedly used in violation of subsection (a) of this section forfeited, the Superior Court shall have jurisdiction over both the violation of subsection (a) of this section and the issue of forfeiture. (c) No person shall make use of dogs for the hunting or pursuing of deer with intent to kill said deer in this State at any time. However, dogs may be used for the sole purpose of tracking, or recovering a wounded or dead deer that was lawfully shot during an open deer season, subject to regulations adopted by the Department. (d) No person shall purchase, sell or expose for sale, or transport, ship or possess with the intent to sell, any deer or any part of such deer, except for the hides of lawfully killed deer, completed taxidermy mounts, or antlers, at any time. Nothing in this paragraph precludes the importation and consumption of venison, approved for sale by the United States Department of Agriculture, into this State. (e) Any person may possess a deer lawfully killed in another state if the person in possession of such deer has proof of such lawful killing and possession, and presents the proof upon demand to any officer or official of this State. It shall also be lawful to possess deer within an enclosure in a public zoo or park, or if a permit for such deer has been issued by the Department. (f) Whoever violates this section shall be guilty of a class B environmental misdemeanor for each offense. In addition to being fined and/or imprisoned, anyone found guilty of a first offense for violating subsection (a) of this section shall be required to turn in any valid hunting license and shall be denied the privilege of hunting, with or without a license, in the State for a period of 2 years, commencing with the date of conviction; for any subsequent offense, anyone found guilty shall be required to turn in any valid hunting license and shall be denied the privilege of hunting, with or without a license, in the State for a period of 5 years, commencing with the date of conviction.

Del. Code tit. 7, § 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, Administrative Procedures Act, of Title 29. (b) Notwithstanding § 703(2) of this title, the Department may issue a permit to a private landowner authorizing the landowner to manage red foxes on his or her property, provided there is a wildlife management plan for the property, the wildlife management plan has been approved by the Department, and a reduction in the number of foxes was recommended by such plan. The permit shall specify the time during which, the means and methods by which, and the person or persons by whom the red foxes may be killed or captured. The Department shall not charge a fee for the issuance of a permit under this section. (c) Nothing in this chapter shall be construed to prevent the killing of a red fox by the owner of poultry if such fox is in the act of attacking such poultry. Such person may kill such foxes within a reasonable time after the pursuit, killing or carrying away of the poultry. (d) Notwithstanding anything to the contrary contained in this chapter, it shall be lawful to possess, buy and sell the hides of red foxes which are legally taken in Delaware or in another state.

Del. Code tit. 7, § 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. Nothing in this section shall be construed to prevent the possession or transfer of red fox hides legally taken in Delaware or in another state. It shall be legal to sell the hides of red foxes legally taken in Delaware within the State or in another state. (b) The provisions of the preceding paragraph insofar as they relate to the possession of live red foxes shall not apply to animal exhibitions owned or operated by the State or any political subdivision thereof. (c) Whoever violates this section shall be guilty of a class B environmental misdemeanor for each offense.

Del. Code tit. 7, § 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 which she is suckling them. (b) Whoever violates this section shall be guilty of a class C environmental violation for every female fox or whelp so dug or taken out of any den, or killed or caused to be killed.

Del. Code tit. 7, § 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 having a permit issued by the Department shall be permitted for the purpose of raising the whelps for fox chasing. Any whelps possessed by virtue of this section shall have been taken only with permission of the landowner. Any whelp possessed by virtue of this section must be released each year prior to August 15. Only red fox whelps found within this State shall be subject to this section.

Del. Code tit. 7, § 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 scientific or propagating purposes. Whoever violates this section shall be guilty of a class D environmental violation.

Del. Code tit. 7, § 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.

Del. Code tit. 7, § 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 Police or Fish and Wildlife Agent of this State, be entitled to possession of said deer. This section shall apply to deer killed by collision with a motor vehicle at any time, whether during the open season for killing deer or during the legally closed season.

Del. Code tit. 7, § 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.

Del. Code tit. 7, § 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 shall not be unlawful south of the Chesapeake and Delaware Canal during red fox harvest seasons that are established by the Department through regulation promulgated pursuant to the Administrative Procedures Act, Chapter 101 of Title 29, (c) The Department may at its discretion require tagging and reporting requirements through regulation promulgated pursuant to the Administrative Procedures Act, Chapter 101 of Title 29. (d) Notwithstanding any other provision of this title, the Department may issue a permit to a private landowner authorizing the landowner to manage gray foxes on his or her property, provided there is a wildlife management plan for the property, the wildlife management plan has been approved by the Department, and a reduction in the number of foxes was recommended by such plan. The permit shall specify the time during which, the means and methods by which, and the person or persons by whom the gray foxes may be killed or captured. The Department shall not charge a fee for the issuance of a permit under this section. (e) Nothing in this chapter shall be construed to prevent the killing of a gray fox by the owner of poultry if such fox is in the act of attacking such poultry. Such person may kill such foxes within a reasonable time after the pursuit, killing, or carrying away of the poultry. (f) Notwithstanding anything to the contrary contained in this chapter, it shall be lawful to possess, buy, and sell the hides of gray foxes which are legally taken in Delaware or in another state.

Del. Code tit. 7, § 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.

Del. Code tit. 7, § 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.

Del. Code tit. 7, § 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 species, including but not limited to nutria, whose presence, establishment, or proliferation causes or is likely to cause, as determined by the Department, biological or environmental harm to native wildlife species or their habitats or associated economic harm. (2) “Non-native wildlife species” means those wildlife species exclusive of finfish, that, as determined by the Department, have not historically and naturally occurred in Delaware. Non-native wildlife species include but are not limited to those wildlife species, such as coyotes, that are or become present through natural range expansion or through human actions to include but not limited to unintentional or intentional introduction or release. Non-native wildlife species may include genetically modified native species. Non-native wildlife species do not include wildlife otherwise identified under this title as a game animal, game bird, or form of unprotected wildlife, and do not include feral cats and animals otherwise identified by statute as an agricultural commodity or livestock or determined to be an agriculture commodity or livestock by and in coordination with the Delaware Department of Agriculture.

Del. Code tit. 7, § 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, release, elimination, harvest, or management of any non-native wildlife species to include but not limited to invasive wildlife species in any specified localities as it deems necessary or advisable for the protection or conservation of native wildlife species or their habitats or for the protection of agriculture, domestic animals, property, or human health or safety.

Del. Code tit. 7, § 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, or capture any species of non-native wildlife that is or has the potential to become, as determined by the Department upon appropriate evaluation or investigation, seriously injurious to native wildlife or their habitat or to agriculture, domestic animals, property, or human health or safety.
Source: DE Code (Official Site)URL: https://delcode.delaware.gov/title7/c007/sc01/index.htmlFetched: 10/4/2026

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