Licenses

Del. Code tit. 7, ch. 5
in effect

Del. Code tit. 7, § 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 complete not less than 10 hours of approved instruction, the safe and proficient use of hunting equipment, hunter responsibility, principles of wildlife management, wildlife identification and a hands-on live firing experience by a trained firearms instructor before such person makes application for a hunting license. Proof of completion of authorized hunter education courses of other states or Canadian provinces shall be accepted and deemed having met the instruction requirement. (b) Commencing July 1, 1986, every resident, except as otherwise provided, must obtain a trapping license before trapping any animals regulated by this title. Every resident who was born after January 1, 1978, must satisfactorily complete a course in trapping education approved by the Department before such person makes application for a trapping license.

Del. Code tit. 7, § 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 hereunder. (b) Residents who own or live upon farms in this State containing 20 or more acres, and the members of their immediate families who reside on the farm, may hunt, fish and trap on the farm without being licensed hereunder. (c) Residents under 13 years of age may hunt without a license in this State when accompanied by a person who is the lawful holder of a hunting license or has a lawful right to hunt. (d) Any child under the age of 16 years may fish or take fish or crabs or clam from any of the waters under the jurisdiction of this State without being licensed hereunder. Residents 16 and older but not over 65 years of age must purchase a fishing license to fish or take fish, crabs or clams. (e) Residents, 65 years of age or older, are exempted from the licensing requirements of this chapter. (f) A member of the armed forces of the United States who is a patient in a military hospital may be issued a license exemption to hunt, trap and fish in this State without charge, upon receipt by the Department of a written statement signed by the applicant’s commanding officer certifying the nature of the applicant’s disability and place of station. (g) Persons who are patients in any Veterans Administration facility in this State, or in any public hospital or sanitarium for the treatment of tuberculosis, or a patient in a rehabilitation hospital under the State Department of Health, provided such person carries identification which verifies his or her status as such a patient, shall not be required to purchase a fishing license. Forms shall be supplied to such persons when they apply for their licenses to be used for the identification purposes described in this subsection. (h) Persons who have been honorably discharged from the armed forces of the United States and certified by the Veterans Administration as having at least a 60% service-connected disability may be issued a license exemption to hunt, trap, and fish in this State without charge, upon receipt by the Department of a written statement from the Veterans Administration certifying the person’s honorable discharge and service-connected disability. (i) Persons who are blind are exempted from the licensing requirements of this chapter. (j) Any unarmed residents participating in an organized fox hunt are exempt from the licensing requirements of this chapter. (k) Any resident is exempt from the fishing license requirements of this chapter while fishing in a fee fishing operation that is registered as same with the Department of Agriculture according to Chapter 4 of Title 3. ( l ) Any resident who has served honorably for 90 or more consecutive days on active duty in the Armed Forces of the United States, including service as member of the Delaware National Guard, in military actions in Southwest Asia associated with Operation Iraqi Freedom or Operation Enduring Freedom may, for the first 12 months following the date the resident was honorably discharged or removed from active status, be issued a license to hunt and/or fish in this State without charge.

Del. Code tit. 7, § 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 Social Security number of the applicant shall be included on the application for any resident’s license. The information contained within hunting, fishing, and trapping licenses and related databases may not be made available to the public. Government agencies may use license information for law-enforcement purposes involving fish and wildlife investigations, for research purposes involving hunting, trapping, or fishing harvest surveys conducted by Department scientists, excluding Social Security information, or as otherwise authorized by law. (b) The Department may use or provide a contractor with license information, excluding Social Security information, for the following limited purposes: (1) Retaining or recruiting hunters, trappers, and anglers. (2) Sustaining and increasing associated license sales. (c) Any contractor selected by the Department pursuant to subsection (b) of this section shall be subject to a confidentiality agreement that prevents the contractor from releasing, transferring, or using license information for any other purposes.

Del. Code tit. 7, § 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 boat fishing license for a boat 20 feet or less, $50 for a boat fishing license for a boat greater than 20 feet. (5) $5.00 for a junior hunting license for a resident age 13 through 15 with the criteria for issuing the license established by the Department pursuant to § 103 of this title. (6) $100 for a fishing guide license and $159.50 for a hunting guide license. (b) The Department may issue an additional tag or tags to kill deer. The criteria for issuing a tag or tags shall be established by the Department pursuant to § 103 of this title. The amount charged for each tag or set of tags shall be $20. (c) Vessels for hire shall pay to the Department or its duly authorized agents the following license fees: (1) $150 for a charter boat, as defined in § 906(9) of this title, license; and (2) $300 for a head boat, as defined in § 906(36) of this title, license.

Del. Code tit. 7, § 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 of Delaware’s National Guard, shall be deemed a resident of this State for the purpose of obtaining a license to hunt, trap, and fish in this State. Each such application shall be supported by a written statement signed by the applicant’s commanding officer certifying to the applicant’s place of station and duty status.

Del. Code tit. 7, § 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 after January 1, 1967, must satisfactorily complete not less than 10 hours of instruction, which includes the safe and proficient use of hunting equipment, hunter responsibility, principles of wildlife management, wildlife identification, and, to the degree practical, a live firing experience before such person makes application for a hunting license. This instruction is to be provided by personnel of the Department or its authorized agents. Proof of completion of authorized hunter education courses of other states or Canadian provinces shall be accepted and deemed having met the instruction requirement. (b) Every nonresident who was born after January 1, 1978, must satisfactorily complete a course in trapping education approved by the Department before such person makes application for a trapping license. (c) The Social Security number of the applicant shall be included on the application for any nonresident’s license. The information contained within hunting, fishing, and trapping licenses and related databases may not be made available to the public. Government agencies may use license information for law-enforcement purposes involving fish and wildlife investigations, for research purposes involving hunting, trapping, or fishing harvest surveys conducted by Department scientists, excluding Social Security information, or as otherwise authorized by law. (d) The Department may use or provide a contractor with license information, excluding Social Security information, for the following limited purposes: (1) Retaining or recruiting hunters, trappers, and anglers. (2) Sustaining and increasing associated license sales. (e) Any contractor selected by the Department pursuant to subsection (d) of this section shall be subject to a confidentiality agreement that prevents the contractor from releasing, transferring, or using license information for any other purposes.

Del. Code tit. 7, § 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 such occupants who also reside on said farm, may hunt, fish or trap on said farms without being licensed hereunder. (2) A nonresident, who owns but is not an occupant of a farm in this State containing 20 acres or more and where the science of husbandry is practiced, and the immediate members of the family of the nonresident farm owner may hunt, trap, and/or fish on the farm if the farm occupant or resident, if any, gives the owner written permission or if hunting, trapping, and/or fishing is permitted pursuant to a written lease, if any, between the farm owner and the occupant or resident of the farm. (b) Nonresidents other than aliens who are under 13 years of age may hunt without a license in this State when accompanied by a person who is the lawful holder of a hunting license or has a lawful right to hunt. (c) Any nonresidents participating in an organized fox hunt are exempt from the licensing requirement of this chapter. (d) Any nonresident is exempt from the fishing license requirements of this chapter while fishing in a fee fishing operation that is registered as same with the Department of Agriculture according to Chapter 4 of Title 3. Nonresidents 16 years of age or older must purchase a nonresident fishing license to fish or take fish, crabs or clams. (e) A nonresident shall be exempt from the licensing requirement of this chapter while hunting snow geese, provided: (1) The nonresident resides in another state or Canadian province which extends the same exemption to Delaware residents; (2) The nonresident is properly licensed, or exempt from the licensing requirement, to hunt snow geese in the state or Canadian province in which he or she resides; (3) The nonresident purchases a migratory waterfowl stamp as provided for by § 517 of this title; and (4) The nonresident complies with the hunter education requirements of § 506(a) of this title.

Del. Code tit. 7, § 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 7-day fishing license good for 7 consecutive days. (5) $75 for a 3-day small game hunting license good for 3 consecutive days and not valid for hunting deer or turkeys. (6) $20 for each additional tag to kill a single antlerless deer. (7) $50 for a tag to kill a single antlered deer. (8) $50 for a tag to kill a single quality buck. (9) Vessels for hire shall pay to the Department or its duly authorized agents the following license fees: a. $300 for a charter boat, as defined in § 906(9) of this title, license; and b. $600 for a head boat, as defined in § 906(36) of this title, license. (10) $40 for a boat fishing license for a boat 20 feet or less, $50 for a boat fishing license for a boat greater than 20 feet. (11) $50 for a junior hunting license for a nonresident age 13 through 15. (12) $300 for a fishing guide license and $475 for a hunting guide license. (b) The criteria for issuing a tag pursuant to this section shall be established by the Department pursuant to § 103 of this title.

Del. Code tit. 7, § 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 states; and (4) Authorized officials of the United States Department of the Interior, United States Fish and Wildlife Service, who are nonresidents of the State. (b) The complimentary licenses shall not be transferable, shall be issued on such form as the Department designates, and without the payment of any fee therefor and when so issued shall be valid authority for the holder or holders thereof to hunt and fish in the State in accordance with the laws of the State. Not more than 50 such complimentary licenses shall be issued in any 1 calendar year. (c) The Secretary may also issue letter permits, valid for up to 3 days, to visiting state and federal dignitaries. The number of outstanding permits shall not exceed 10 at any time.

Del. Code tit. 7, § 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 licenses, such licenses shall be valid only during the periods prescribed on the license. (b) Fishing licenses shall authorize their legal holder the privilege prescribed thereon only during the calendar year beginning the 1st day of January and such licenses shall expire on December 31 of the year they are issued.

Del. Code tit. 7, § 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 subchapter I of this chapter. (b) Licensing agents shall be required by the Department to give security by means of a bond in the penal sum of $5,000, conditioned for the faithful performance of their duties and for the prompt and correct remittance to the Department of the moneys received from the sale of licenses, permits, tags, passes, and stamps. (c) Licensing agents may add a service charge to the required fee for a license, permit, tag, pass, or stamp, provided the service charge does not exceed $1.50 for a license, $1.50 for a permit, $1.50 for a tag, $1.50 for a pass, or $1.00 for a stamp. Such service charges, if imposed, shall be posted by the licensing agent and shall be clearly visible to prospective purchasers. (d) Notwithstanding subsection (c) of this section, a licensing agent offering automated licensing may be authorized by the Department to add a service charge of up to $4.00 to the required fee for a license. License applicants, prior to their purchase of licenses through an automated system, shall be notified of the applicable service charge. (e) The Secretary may adopt, amend, modify or repeal rules and regulations to effectuate the policy and purpose of this section. (f) (1) Except as otherwise provided by the Constitutions or laws of the United States or of the State, as the same may expressly require or be interpreted as requiring by a court of competent jurisdiction, no claim or cause of action shall arise, and no judgment, damages, penalties, costs or other money entitlement shall be awarded or assessed against any person authorized by the Department as a licensing agent in any civil suit or proceeding at law or in equity, or before any administrative tribunal, where the following elements are present: a. The act or omission complained of arose out of and in connection with the performance of the licensing agent’s official duties set forth in this title or the rules or regulations of the Department; b. The act or omission complained of was done in good faith and in the belief that the licensing agent was acting in accordance with its official duties set forth in this title or the rules or regulations of the Department; and c. The act or omission complained of was done without gross or wanton negligence. (2) The plaintiff shall have the burden of proving the absence of 1 or more of the elements of immunity as set forth in this subsection. (3) Nothing in this subsection shall be construed to require the State, the Department, or any agency, office, or instrumentality of the State to indemnify or to reimburse any licensing agent for costs of defending any civil suit or proceeding brought against the licensing agent. Nothing in this subsection shall be construed to require the State, the Department, or any agency, office, or instrumentality of the State to provide legal representation to any licensing agent in any civil suit or proceeding brought against the licensing agent.

Del. Code tit. 7, § 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 anywhere in this State for a period within its discretion, but in no case longer than 1 year, if: (1) The licensee or person has been convicted of violating any game or fish law; or (2) The licensee or person has been convicted in any court of record of having defaced, mutilated, destroyed or carried away notices posted by a freeholder, leaseholder or the Department, or personal property or crops of any kind on lands or waters in which such licensee or person may have been hunting, trapping or fishing; or (3) The licensee or person has been convicted of an offense involving carelessness in the use of firearms or projectile weapons while hunting and thereby caused injury to any person or to poultry or livestock; or (4) The licensee or person has been convicted of an offense involving the unlawful setting of forest, marsh or grass fires; or (5) It is established to the satisfaction of the Department that the licensee, while hunting with firearms or projectile weapons, has been in an intoxicated condition. (b) To revoke a license then in force or to deny any person the right to secure a license or to hunt, trap or fish in this State for any period, the Department shall send a written notice to that effect to the person at that person’s address either by registered mail or by delivery personally by a representative of the Department. The Department shall furnish in writing to all persons authorized to issue licenses, the names and addresses of all persons whose licenses have been revoked and the terms for which such licensees or persons have been denied the right to secure licenses or to hunt, trap or fish in this State, together with any other data the Department deems necessary. (c) The Department may revoke any hunting or trapping license or any similar licenses issued by it or deny any person the right to secure such license or to hunt or trap anywhere in this State for a period within its discretion of not less than 3 years nor more than 5 years if the licensee has been convicted of illegally possessing, tending or setting or attempting to set or tend a killer, body-gripping trap. (d) The provisions of § 516(g) and § 2216 of Title 13 shall supersede any provisions of this chapter to the contrary with respect to any matter involving any applicant or licensee under § 516(g) or § 2216 of Title 13. Any provisions hereof to the contrary notwithstanding, upon receipt of notification from the Family Court pursuant to § 516(g) of Title 13 or notice from the Director of the Division of Child Support Services pursuant to § 2216 of Title 13 regarding an applicant or licensee, the Department shall: (1) Forthwith deny the issuance or renewal of any license under this chapter, or suspend the same, and (2) Furnish in writing the name and address of such applicant or licensee to all persons authorized to issue licenses under this chapter.

Del. Code tit. 7, § 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, and shall present such license upon request to any person empowered to arrest for violations of the game and fish laws of this State.

Del. Code tit. 7, § 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 words “Trapping License, Delaware,” and in addition thereto the number of the trapping license issued to the owner of the traps and the year of issuance thereof. (b) The Department shall furnish upon application to any person who has secured a license in this State, or to any person who is entitled to trap without a license, not more than 25 suitable tags free of charge, and shall furnish upon application, additional tags at cost. Such tags shall be used only by the person to whom issued and shall not be transferable. (c) Whoever sets or makes use of a metal trap, except for the purpose of taking muskrats, without having first placed a metallic plate or tag on each metal trap in accordance with this section, shall be guilty of a class D environmental misdemeanor for each offense, and in addition thereto shall forfeit to the Department each trap so set or made use of, and such traps shall be disposed of as the Department directs.

Del. Code tit. 7, § 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 during which he or she has protected game or wildlife in his or her possession unless such game or wildlife has been lawfully killed or caught out of the State and may be lawfully possessed in this State. (b) Whoever violates this section shall be guilty of a class B environmental misdemeanor for each offense. (c) Nothing in this section shall apply: (1) To a nonresident or alien who is a bona fide freeholder or a bona fide leaseholder and actually resides on a farm in this State containing at least 20 acres of land and is engaged in the science of husbandry on said farm; or (2) To the lawful interstate transportation of protected wildlife.

Del. Code tit. 7, § 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 such license to be used by another, shall forfeit such license and be guilty of a class B environmental misdemeanor for each offense. In addition thereto, for altering a license in any way, the person is guilty of forgery and shall be punished accordingly.

Del. Code tit. 7, § 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 wild duck. (3) “Stamp” means the migratory waterfowl stamp provided for by this section. (b) Except as otherwise provided herein, no person may hunt or take any migratory waterfowl within this State without first procuring a migratory waterfowl stamp as provided for by this section. Such stamp must be in the possession of every person when hunting or taking any migratory waterfowl, either as a gummed paper stamp validated by the signature of the licensee written across the face of such stamp, or in paper or digital form encoded in a manner that validates the stamp holder. Such stamp shall be designed and produced in accordance with Division regulations and shall expire annually on the same date each year that all hunting licenses expire. Unless otherwise provided in this chapter, any person who is exempt from payment or charge for a hunting license shall also be exempt from the fee imposed by this section. Any person who is under the age of 16 years shall be exempt from the requirements of this subsection. (c) A stamp shall be issued to each hunting license applicant upon application for said stamp in a manner specified by the Department and payment of a fee of $15, together with any licensing agent fees charged in accordance with this chapter. (d) All funds derived from the issuance of migratory waterfowl stamps shall be deposited by the Division with the State Treasurer and shall be specifically set aside and earmarked as state duck stamp account to permit separate accountability for the receipt and expenditure of funds derived from the sale of state duck stamps. (1) The Division shall contract annually 50 percent of the revenue collected and deposited in the state duck stamp account with an appropriate nonprofit organization to utilize 50 percent of the revenue collected pursuant to this section for the development of waterfowl propagation areas in Canada from which come substantial numbers of waterfowl migrating to and through Delaware. Before paying such revenue to any nonprofit organization developing waterfowl areas, the Division shall obtain evidence that the project is acceptable to the appropriate agency having a jurisdiction over the lands and waters affected by the project. (2) The remaining 50 percent of the funds in the state duck stamp account shall be used for the purpose of protection, preserving, restoring, enhancing and developing waterfowl habitat in Delaware. (e) The Division is hereby granted the authority to establish, by regulation, the method for selecting appropriate designs for the migratory waterfowl stamp.

Del. Code tit. 7, § 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 conviction, shall be denied the privilege of hunting or trapping, with or without a license, in the State for a period of 5 years, commencing with the date of conviction.

Del. Code tit. 7, § 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 “free sport fishing days,” residents and nonresidents are exempt from the fishing requirements of §§ 501, 505 and 506 of this title, but are subject to all other statutory and regulatory provisions that pertain to fishing.

Del. Code tit. 7, § 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 annual blind site permit fee of $20. This fee is hereby waived for hunters participating in Division of Fish and Wildlife designated youth hunting days. (b) Notwithstanding paragraph (b)(1) of this section, a conservation access pass that serves as a permit is required for any registered motor vehicle as defined in Title 21 used to access public lands owned or managed by the Division of Fish and Wildlife for any, as determined by the Department, allowable activity. Such pass shall be displayed by the motor vehicle operator on or within said vehicle in a manner as specified by the Department. Such pass shall be assigned and limited to a single, specified registered motor vehicle, and may be transferred to another registered motor vehicle of same ownership for a fee of $10 paid to the Department. (1) A conservation access pass shall not be required to access: a. The Michael Castle Trail and those associated direct access roads and parking areas designated by the Department within the C&D Canal Conservation Area. b. Those fishing or boating access areas, educational facilities, or shooting range facilities designated by the Department. c. Applicable lands leased from the Department, provided access is for the purpose for which such lands are leased. d. Other areas designated by the Department. (2) An annual conservation access pass shall be issued free of charge with resident and nonresident general hunting licenses, resident and nonresident hunting guide licenses, and nonresident 3-day small game hunting licenses. (3) The following conservation access pass fees shall be paid to the Department or its duly authorized agents: a. $32.50 for a resident annual pass. b. $10 for a resident 3-day pass valid for 3 consecutive days. c. $65 for a nonresident annual pass. d. $20 for a nonresident 3-day pass valid for 3 consecutive days. e. A Delaware resident who is 65 years of age or older may pay a 1-time fee of $65, which will permit the resident access to any public lands permitted under this section for the lifetime of the resident provided the applicant provides proof of age at the time such application is made. (c) All funds received from the purchase of conservation access passes shall be deposited and administered in accordance with §§ 105 and 107 of this title solely for wildlife-associated user access facilities and projects on and the management and maintenance of subject public lands.

Del. Code tit. 7, § 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.

Del. Code tit. 7, § 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.

Del. Code tit. 7, § 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.

Del. Code tit. 7, § 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 class B environmental misdemeanor for each offense.

Del. Code tit. 7, § 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 addresses of all persons from whom raw furs or pelts were purchased or received and date of receipt, and to whom raw furs or pelts were sold or delivered and date of delivery, together with the number and kind of raw furs or pelts bought or received from each of said persons and the date of receipt, the number and kind of raw furs or pelts sold or delivered to each of said persons and date of delivery, and the price paid for or received for each raw fur or pelt. (b) The records provided for in subsection (a) of this section shall be open for inspection at all reasonable times to any person empowered to arrest for violation of the game and fish laws of this State. (c) Whoever violates this section shall be guilty of a class C environmental violation. (d) This section shall not apply to the pelts or furs of muskrats.

Del. Code tit. 7, § 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 breeding of game animals or game birds the total of which shall not exceed 25 in number.

Del. Code tit. 7, § 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.

Del. Code tit. 7, § 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 shipped out of the State a tag permitting such shipping must be fastened to the crate or carrier carrying them.

Del. Code tit. 7, § 545 Penalty.

Whoever violates this subchapter shall be fined guilty of a class D environmental violation for each offense.

Del. Code tit. 7, § 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 for scientific, education or propagating purposes except as authorized by a permit from the Director of the Division of Fish and Wildlife in accordance with existing laws and regulations. (b) Permits issued under this section may establish any conditions and/or restrictions deemed appropriate by the Division of Fish and Wildlife. (c) No protected wildlife, finfish, shellfish or their eggs held in captivity under said permit shall be confined under inhumane or unsanitary conditions. (d) Each permit issued under this section shall expire on the date set forth in the permit, or on the last day of the calendar year in which it is issued if no date is set forth in the permit. Permits are revocable at the discretion of the Director of the Division of Fish and Wildlife. (e) Each person receiving a permit under this section must file with the Division of Fish and Wildlife a report within 30 days after the expiration date of said permit. (f) Whoever violates this section or any rule and regulation adopted pursuant to this section shall be guilty of a class C environmental violation for each offense.

Del. Code tit. 7, § 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 regulations adopted by the Department. This prohibition includes drugs used for fertility control, disease prevention or treatment, immobilization, or growth stimulation. Nothing in this section prohibits the treatment of sick or injured wild animals by licensed veterinarians or wildlife rehabilitators permitted by the Department. This section does not limit the Department, the United States, or Commercial Nuisance Wildlife Control Operators, as authorized by the Department, in the performance of their official duties related to public health, wildlife management, or wildlife removal. For the purposes of this section, the term “drug” means any chemical substance, other than food, that affects the structure or biological function of protected wildlife. (b) Whoever violates this section shall be guilty of a class B environmental misdemeanor for each offense.

Del. Code tit. 7, § 566 License to operate preserve; fee; term; renewal; regulations of Department.

The Department, upon payment to it of a fee of $39.50, may issue annual licenses, good for 1 calendar year, renewable annually in the discretion of the Department for a like period, upon payment of a like fee, to persons, clubs or associations, authorizing the holders thereof to carry on, pursuant to regulations issued by the Department in furtherance of the purposes of this subchapter, propagating, holding, raising, releasing and shooting of rabbits and game birds, such as but not limited to pheasant, grouse, quail and partridge, hereinafter sometimes referred to individually or collectively as game.

Del. Code tit. 7, § 567 Prerequisites to issuance of license.

Licenses under this subchapter shall be issued only when the applicant has produced evidence satisfactory to the Department that the proposed restricted game preserve will not conflict with any reasonable prior public interest and will, in the opinion of the Department, result in a general improvement in the quantity and quality of game in other areas of the State outside of the proposed restricted area, due to the travel and movement of game caused by the heavy stocking of the restricted area. In addition, in order to be eligible for a license, the proposed restricted area must contain contiguous lands under the same ownership, lease or management, aggregating not less than 300 acres, and no license shall be granted for reservations containing an aggregate of more than 1,000 acres, nor shall more than 5,000 acres in New Castle County be covered by such licenses at any one time. Moreover, the applicant must produce evidence satisfactory to the Department that there exists, or that the applicant will forthwith supply, sufficient cover and feed upon the property embraced by the application to adequately support game in numbers which, in the opinion of the Department, will be beneficial generally to other areas of the State outside of the reservation.

Del. Code tit. 7, § 568 Liberation of game and the killing thereof.

For the purpose of stimulating an increase in the quantity of game released upon such reservations, the licensee, the licensee’s invitees or guests, when properly licensed to hunt in accordance with the laws of this State, may liberate upon the reservation, game which has been propagated, raised and held upon the premises, or which has been purchased by the licensee and taken upon the premises pursuant to the license and may kill, without regard to sex, any number of such game so liberated, even if the number exceeds the limits otherwise prescribed by law.

Del. Code tit. 7, § 569 Licensee’s duties to cooperate with and assist Department; records; marking or tagging game.

All activities pursuant to a license under this subchapter shall be carried on in cooperation with the Department, and, to the extent practicable, the licensee shall assist the Department in conducting breeding, propagating, feeding and care of game, and shall keep and preserve such records pertaining thereto as the Department may from time to time prescribe. All game which is released shall be marked, banded or tagged as may be prescribed by the Department and, when so identified, game killed may be transported from the preserve to the domicile of the licensee, the licensee’s invitee or guest. All of the activities of the licensee shall be carried on at the expense of the licensee and shall be without cost or obligation to the Department.

Del. Code tit. 7, § 570 Dogs; training and field trials on preserve.

Dogs may be trained and field trials conducted, when properly licensed, upon restricted preserves on any day, including Sundays, except during the months of March through August, inclusive.

Del. Code tit. 7, § 571 Game laws on restricted preserves; violations and penalties; arrest by owners.

All activities conducted pursuant to this subchapter shall be subject to the game laws and regulations of this State, except as the same may be in conflict with this chapter. Persons who trespass upon any restricted preserve authorized by this subchapter for the purpose of shooting or harassing any kind of wildlife without first obtaining permission to do so from the owner or occupant thereof, shall be guilty of class B environmental misdemeanor. The owner of a restricted preserve and the owner’s duly authorized agents may be authorized by the Department to make arrests under this section.

Del. Code tit. 7, § 572 Sunday operations on commercial shooting preserves; definition.

(a) Those entities licensed under this subchapter which operate as commercial game preserves may operate in accordance with this subchapter on any day, including Sundays, subject to the seasonal limitations established by the Department. (b) For purposes of this subchapter, “commercial game preserve” shall mean any partnership, sole proprietorship, corporation, or other business entity licensed under this subchapter and operating on a for-profit basis. “Commercial game preserve” shall not include clubs, associations or private individuals engaged in similar put-and-take hunting operations licensed under this subchapter.
Source: DE Code (Official Site)URL: https://delcode.delaware.gov/title7/c005/sc01/index.htmlFetched: 10/4/2026