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Delaware General AssemblyDelaware RegulationsMonthly Register of RegulationsAugust 2013

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7 DE Admin. Code 3900
Title 7 Delaware Code, Chapter 1 §102 and §103 (7 Del.C. §102-103) and Chapter 7 §801 and §802 (7 Del.C. §801-802)
Rob Hossler (302) 735-3602
For purposes of Regulations 1.0 through 223.0, the following words and phrases shall have the meaning ascribed to them, unless the context clearly indicates otherwise:
Administered by the Division shall mean owned, leased or licensed by the Division.
Antlered Deer shall mean any deer with one or more antlers three inches long or longer, measured from the base of the antler where it joins the skull to the tip of the antler following any curve of the antler.
Antlerless Deer shall mean any deer that has no antlers or antlers less than three inches in length.
Bait shall mean any nontoxic food material, compound or mixture of ingredients which wildlife is able to consume.
Baited Field shall include any farm field, woodland, marsh, water body or other tract of land where minerals, grain, fruit, crop or other nontoxic compounds have been placed to attract wildlife to be hunted.
Black Powder shall mean a manufacturer’s approved muzzleloading propellant.
Cable Restraintformerly referred to as “snare”, shall be considered a trapping device made of stranded steel cable with a minimum diameter of 5/64 inches. Cable restraints must be equipped with a relaxing-type lock. The cable may not exceed 7 feet in length from the anchor point to the relaxing lock and must be equipped with at least one swivel device, which allows for 360° rotation, between the loop and the anchor. The cable restraint must have stops affixed to the cable to ensure that the cable that makes up the loop may not have a circumference greater than 38 inches when fully open, or a circumference less than 6 ¼ inches when fully closed. Cable restraints with a maximum loop circumference of 12 ½ inches do not require cable stops. Cable restraints must be maintained in good condition so that all components operate properly.
Deer” shall mean white-tailed deer (Odocoileus virginianus) and/or Sika deer (Cervus nippon).
Director shall mean the Director or Acting Director of the Division.
Division shall mean the Division of Fish and Wildlife of the Department.
Established Blind shall mean a structure or pit constructed for the purpose of hunting migratory waterfowl by a landowner on his or her property or by another person with the permission of the landowner or the landowner’s duly authorized agent.
Established Road shall mean a road maintained for vehicular use by the Division and designated for such use by the Division on current wildlife area maps.
Foothold Trap” formerly referred to as “leghold trap”, shall refer to a type of trap with a mechanism that is designed to catch and hold a mammal by one of its feet or legs.
Jaw Spread” shall mean the distance between the inside of both jaws, when measured across the trap jaws on a line perpendicular to a line drawn through the jaw pivot points when the trap is in the set position.
Liberated Game shall mean cottontail rabbits and game birds, including bobwhite quail, mallard duck, chukar and pheasant released pursuant to § 568 of Title 7.
Loaded Muzzle-Loading Rifle shall mean the powder and ball, bullet or shot is loaded in the bore. A muzzle-loading rifle shall not be considered loaded if the cap, primer, or priming powder (in a flintlock) is removed and:
Lure shall mean any mixture of ingredients, element or compound that attract wildlife, but the wildlife is unlikely to consume.
Longbow shall mean a straight limb, reflex, recurve or compound bow. All crossbows or variations thereof and mechanical holding and releasing devices are expressly excluded from the definition.
Nongame Wildlife shall mean any native wildlife, including rare and endangered species, which are not commonly trapped, killed, captured or consumed, either for sport or profit.
Possession shall mean either actual or constructive possession of or any control over the object referred to.
Quality Buck shall mean an antlered deer with an outside antler spread of at least 15 inches. This measurement is taken across the outside of the main beams at their widest point; this measurement’s path must be perpendicular to the center line of the skull and parallel to the top of the skull plate.
Refuge shall mean an area of land, whether in public or private ownership, designated by the Department as a refuge. Land shall only be designated with the permission of the landowner and if such designation is thought to be in the best interest of the conservation of wildlife. Refuges shall normally be closed at all times to all forms of hunting, except as permitted by the Director in writing for wildlife management purposes.
Roadway shall mean any road, lane or street, including associated right-of-ways, maintained by this State or any political subdivision of this State.
Season shall mean that period of time during which a designated species of wildlife may be lawfully hunted or a designated species of fish may be lawfully fished.
Vehicle shall include any means in or by which someone travels or something is carried or conveyed or a means of conveyance or transport, whether or not propelled by its own power.
Waterline” shall refer to beneath the surface of the water or below the mean high tide line in an area ordinarily subject to the rise and fall of the tide.
Wildlife shall mean any member of the animal kingdom, including without limitation, any amphibian, arthropod, bird, mammal or reptile.
(Penalty Section 7 Del.C. §103(d))
2.1.1 Crossbows may be used during all deer seasons;
2.1.6 A single shot an antique or authentic reproduction black powder Sharps rifle of 45 to 60 caliber shall be lawful for use during shotgun deer seasons using paper patched bullets.
2.1.8 Any person who sets or makes use of any trap, snare cable restraint or other approved wildlife capture device during any lawful trapping season, shall remove all trapping equipment by the last day of the approved trapping season.
2.2 Archery and Crossbow.
2.3.2 Notwithstanding the provisions of subsection 2.23.1 of this section, any person may hunt migratory waterfowl within 1500 feet of an established blind, from a boat, with permission of the blind owner.
2.4 Leghold Foothold Traps.
2.4.1 Notwithstanding statutes § 703 and 788 of Title 7, Iit shall be unlawful for any person to set a leghold foothold trap at any time in this State, except from December 1 through March 10 20 (March 20 on embanked meadows) in New Castle County and December 15 through March 15 in Kent and Sussex counties. The use of toothed or serrated jawed traps is prohibited. All foothold traps set above the waterline must have padded or offset jaws, with the exception being that coil-spring traps with a jaw spread of 4 inches or less and long-spring traps with a jaw spread of 4 ½ inches or less do not need to be padded or have offset jaws.
2.4.2 Notwithstanding subsection 2.4.1 of this section, it shall be lawful to trap raccoons with leghold traps 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, except on Sundays. Notwithstanding the foregoing, 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. It shall be unlawful for any person to set foothold traps with a jaw spread larger than 6 ½ inches above the waterline. The jaw spread of traps set below the waterline shall not exceed 7 ¾ inches.
2.4.53 It shall be unlawful for any person to set or make use of long-spring traps, “Stop-Loss” traps or jump traps larger than No. 1½ or coil-spring traps larger than No. 1 any foothold, except coil-spring traps with a jaw spread of 4 inches or less and long-spring traps with a jaw spread of 4 ½ inches or less, without first permanently attaching a metallic tag on each trap, bearing: The words “Trapping License, Delaware”, the number of the trapping license issued to the owner of the traps and the year of issuance; or The owner's name and address.
2.4.94 When information is furnished to a Fish and Wildlife Agent the Division from the owner, tenant or sharecropper of any land that any species of wildlife is detrimental to crops, property or other interests on land on which he or she resides or controls, upon investigation, that Fish and Wildlife Agent the Division may issue a permit to such person or his or her agent for the use of leghold foothold traps to control said species of wildlife. Said permit may be issued at any time of the year.
2.4.105 The setting of each trap in violation of this section shall be a separate offense.
2.8.1 Red foxes may be killed or trapped in accordance with § 788 of Title 7 and the regulations found within this Section with the following: longbow and crossbow, shotgun, rimfire rifle or centerfire rifle up to .25 caliber, or a muzzle-loading rifle, foothold trap, cable restraint, or box trap.
(Penalty Section 7 Del.C. §103(d))
3.5 Mute Swans (Cygnus olor)
3.5.2 It shall be unlawful to possess, buy, sell, barter, trade, or transfer any live mute swan or their eggs to or from another person unless permitted by the Director of the Division of Fish and Wildlife.
3.6.1 Waterfowl may be hunted on a special days established annually by the Division for disabled (non-ambulatory) hunters using a wheelchair for mobility and hunters 10 years of age or older but less than 16 years of age (10-15 years inclusive). Hunters 13-15 years of age must have completed an approved course in hunter training and possess a Delaware Resident or Non-Resident Junior Hunting License. Young hunters must be accompanied by a licensed non-hunting adult who is 21 years of age or older. Young hunters must be of sufficient size, physical strength and emotional maturity to safely handle a shotgun.
(Penalty Section 7 Del.C. §103(d))
4.9.3 Male Pheasant Limit. It shall be unlawful for any person to hunt or possess more than two (2) male pheasants in any one day during the pheasant season, except as permitted by law.
4.9.4 Scientific or Propagating Purposes. It shall be unlawful for any person to possess pheasants for scientific and propagating purposes without a valid permit from the Director.
4.9.5 Game Preserves. Nothing in this regulation shall be construed so as to limit the number or sex of pheasants that may be harvested by any one person on licensed game preserves.
4.11.2 Limit. It shall be unlawful for any person to take more than four (4) rabbits in any one day.
(Penalty Section 7 Del.C. §103(d))
5.1 Possession of Wild Turkey Prohibited; Exceptions. It shall be unlawful for any person, other than authorized representatives of the Division, to release or possess Meleagris gallopavo (wild turkey) in Delaware without a permit from the Division. The prohibition to possess and/or release Meleagris gallopavo shall include both birds taken from the wild and birds bred in captivity.
(Penalty Section 7 Del.C. §103(d))
(Penalty Section 7 Del.C. §103(d)) Kill or take four antlerless deer in any license year without at least two of the four deer being female deer; or Possess or transport an antlered deer that was unlawfully killed. Possess or transport an antlerless deer that was unlawfully killed. Kill any antlered deer without first purchasing a Delaware Resident Combination Hunter’s Choice Deer tag and Quality Buck Deer Tag, a Delaware Non Resident Antlered Deer Tag, or a Non-Resident Quality Buck Deer Tag except that persons exempt from purchasing a hunting license shall be entitled to take one Hunter’s Choice deer at no cost. No hunter may harvest more than two antlered deer during a license year between July 1st. and June 30th of the next calendar year.
7.2 Tagging, and Designated Checking Stations Deer Harvest Report Cards, and Registering Harvested Deer.
7.2.1 Attaching Tags or Punching Deer Harvest Report Cards. Each licensed person who hunts and kills a deer shall, immediately after the killing and before removing the deer from the location of the killing, attach an approved tag to the deer or punch/cut the appropriate section of their approved Deer Harvest Report Card and record in ink the date of harvest on the tag or Deer Harvest Report Card. An approved tag shall mean an Antlerless Deer Tag or Doe Tag received with the hunting license, a Delaware Resident Quality Buck Deer Tag, a Delaware Resident Hunter’s Choice Deer Tag, a Delaware Non Resident Quality Buck Deer Tag, a Delaware Non Resident Antlered Deer Tag, an Antlerless Deer Damage Tag, or an Antlerless Tag purchased in addition to the hunting license tags. Any unlicensed person not required to secure a license shall make and attach a tag to the deer that contains the person’s name, license exempt number (LEN), address and reason for not having a valid Delaware hunting license or punch/cut the appropriate section of their Deer Harvest Report Card.
7.2.2 Retention of Tag. If required, Tthe tag required by subsection 7.2.1 of this section shall remain attached to the deer until the deer is processed for consumption.
7.2.3 Registering Deer. Each person who hunts and kills a deer shall, within 24 hours of killing said deer, register their deer by phone or over the internet through systems authorized by the Division. Deer taken to a processor or taxidermist must be registered before the animal is delivered, even if this occurs within the 24-hour timeframe. After registering a deer, hunters will be given a deer registration number. This number must be recorded in ink on the approved tags or the hunter’s approved Deer Harvest Report Card listed in subsection 7.2.1 of this section. It shall be unlawful to knowingly enter incorrect information when registering a deer.
7.5.5 Crossbow Seasons. Deer may be hunted with crossbows in accordance with statutes and regulations of the State of Delaware governing the hunting of deer: from September 1 (September 2, if September 1 is a Sunday) through the last day of January, provided hunter orange is displayed in accordance with 718 of Title 7 when it also lawful to hunt deer with a gun.
8.1.3 Speed Limit. It shall be unlawful for any person to drive or operate a vehicle in excess of twenty (20) miles per hour when on lands administered by the Division, unless otherwise authorized by the Director.
8.8 Geocaching. It shall be unlawful to place caches or letterboxes on Division of Fish and Wildlife property without a permit from the Division. Permits may be obtained by submitting a completed permit application to the appropriate Fish and Wildlife Regional Office. The proposed caching location will be specified in the application. The Regional Fish and Wildlife Manager will review and approve or deny the permit request. A permit will be valid for a maximum of one year from the date of issue at which time the geocache or letterbox must be removed or re-permitted. The permitted time frame will be determined by the area manager and be based on the local wildlife species present and the management activities planned for the area. The area manager will be provided the location of the cache or letterbox and may remove it at his or her discretion, with notice to the permit holder, should circumstances warrant. Online geocache and letterbox descriptions, such as those on or must include information about access during hunting seasons and provide a link to Delaware Division of Fish and Wildlife Hunting Information.Geocache and letterbox contents must be suitable for all ages. Food, alcohol, tobacco, weapons or other dangerous items, prescription or illegal drugs and adult items are prohibited. From September 1st. through February 15th. of each year and during the spring turkey hunting season, the placement of or searching for geocaches and letterboxes may only occur on Sundays from sunrise to sunset. During the remainder of the year, geocaching and letterbox activities may occur 7 days per week from sunrise to sunset.
(Penalty Section 7 Del.C. §103(d))
(Penalty Section 7 Del.C. §103(d))
(Penalty Section 7 Del.C. §103(d))
(Penalty Section 7 Del.C. §103(d))
(Penalty Section 7 Del.C. §103(d))
(Penalty Section 7 Del.C. §103(d))
(Penalty Section 7 Del.C. §103(d))
Lizard, Northern Fence (Sceloporus undulatus hyacinthinus)
Racer, Northern Black (Coluber constrictor constrictor)
Skink, Five-lined (Eumeces fasciatus)
Snake, Black Rat (Elaphe obsoleta obsoleta)
Snake, Eastern Garter (Thamnophis sirtalis sirtalis)
Snake, Eastern Hognose (Heterodon platirhinos)
Snake, Eastern Worm (Carphophis amoenus amoenus)
Snake, Northern Water (Nerodia sipedon sipedon)
Snake, Ringneck (Diadophis punctatus)
Terrapin, Diamondback (Malaclemys terrapin)
Turtle, Common Musk (Sternotherus odoratus)
Turtle, Eastern Box (Terrapene carolina carolina)
Turtle, Eastern Mud (Kinosternon subrubrum subrubrum)
Turtle, Painted (Chrysemys picta)
Turtle, Redbelly (Pseudemys rubriventris)
Turtle, Snapping (Chelydra serpentina)
Bullfrog (Rana catesbeiana)
Frog, Green (Rana clamitans melanota)
Frog, New Jersey Chorus (Pseudacris triseriata kalmi)
Frog, Northern Cricket (Acris crepitans crepitans)
Frog, Pickerel (Rana palustris)
Frog, Southern Leopard (Rana utricularia)
Newt, Red-spotted (Notophthalmus viridescens viridescens)
Peeper, Northern Spring (Pseudacris crucifer crucifer)
Salamander, Northern Dusky (Desmognathus fuscus fuscus)
Salamander, Redback (Plethodon cinereus)
Spadefoot, Eastern (Scaphiopus holbrookii holbrookii)
Toad, American (Bufo americanus)
Treefrog, Gray (Hyla versicolor and Hyla chrysoscelis)
(Penalty Section 7 Del.C. §103(d))
Salamander, Eastern Tiger (Ambystoma tigrinum tigrinum)
Treefrog, Barking (Hyla gratiosa)
Creeper, Brown BR (Certhia americana)
Eagle, Bald (Haliaeetus leucocephalus)
Grebe, Pied-billedBR (Podilymbus podiceps)
Harrier, NorthernBR (Circus cyaneus)
Hawk, Cooper’sBR (Accipiter cooperii)
Heron, Black-Crowned Night- (Nycticorax nycticorax)
Heron, Yellow-Crowned Night- (Nyctanassa violacea)
Parula, NorthernBR (Parula americana)
Plover, Piping (Charadrius melodus)
Owl, Short-earedBR (Asio flammeus)
Oystercatcher, American (Haematopus palliatus)
Rail, Black (Laterallus jamaicensis)
Sandpiper, Upland (Bartramia longicauda)
Shrike, Loggerhead (Lanius ludovicianus)
Skimmer, Black (Rynchops niger)
Sparrow, Henslow's (Ammodramus henslowii)
Tern, CommonBR (Sterna hirundo)
Tern, Forster’sBR (Sterna forsteri)
Tern, Least (Sterna antillarum)
Warbler, Cerulean (Dendroica cerulea)
Warbler, Hooded BR (Wilsonia citrina)
Warbler, Swainson’s (Limnothlypis swainsonii)
Woodpecker, Red-headed (Melanerpes erythrocephalus)
Wren, Sedge (Cistothorus platensis)
BR Breeding population only
Sturgeon, Atlantic (Acipenser oxyrhynchus)
Beetle, Little White Tiger (Cicindela lepida)
Beetle, White Tiger (Cicindela dorsalis)
Elfin, Frosted (Incisalia irus)
Firefly, Bethany (Photuris bethaniensis)
Hairstreak, Hessel’s (Mitoura hesseli)
Hairstreak, King’s (Satyrium kingi)
Skipper, Rare (Problema bulenta)
Wing, Mulberry (Poanes massasoit chermocki)
Squirrel, Delmarva Fox (Sciurus niger cinereus)
Lampmussel, Yellow (Lampsilis cariosa)
Lampmussel, Eastern (Lampsilis radiata)
Wedgemussel, Dwarf (Alasmidonta heterodon)
Pondmussel, Eastern (Ligumia nasuta)
Floater, Brook (Alasmidonta varicosa)
Mucket, Tidewater (Leptodea ochracea)
Sea Turtle, Leatherback (Dermochelys coriacea)
Sea Turtle, Atlantic Ridley (Lepidochelys kempii)
Sea Turtle, Green (Chelonia mydas)
Sea Turtle, Loggerhead (Caretta caretta)
Turtle, Bog (Clemmys muhlenbergii)
Snake, Corn (Elaphe guttata guttata)
(Penalty Section 7 Del.C. §103(d))
Penalty Section 7 Del.C. §103(d))
(Penalty Section 7 Del.C. §103(d))
(Penalty Section 7 Del.C. §103(d))
21.4 Reporting. All persons possessing a Delaware Guide License are required to complete and submit an annual report to the Division within seven days after the close of the season to include the following information which must be readily available for inspection by enforcement officers: full name of each hunter, address of each hunter in the party, hunting license number for each hunter, date, number and species of each animal harvested, location of hunts and the name and license number of the guide.
(Penalty Section 7 Del.C. §103(d))
(Penalty Section 7 Del.C. §103(d))
23.2.1 Nutria (Myocastor coypus)
Last Updated: December 31 1969 19:00:00.
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