DEPARTMENT OF NATURAL RESOURCES AND ENVIRONMENTAL CONTROL
Statutory Authority: 7 Delaware Code, Section 903(e)(2)(a) (7 Del.C. §903(e)(2)(a))
Secretary’s Order No.: 2000-F-0025
Date of Issuance: May 10, 2000
I. Background
The Department of Natural Resources and Environmental Control, Division of Fish and Wildlife (“Department”) initiated proceedings to amend the Wildlife and Non-Tidal Fishing Regulations. The Department’s proceedings were initiated pursuant to 29 Del.C. § 10114 and its authority as prescribed by 7 Del.C. §§ 103 and 601.
On December 1, 1999, the Department published in the Delaware Register of Regulations (pp. 742-749) its notice of proposed regulation changes pursuant to 29 Del.C. § 10115. The notice requested that written comments from the public concerning the proposed amendments be delivered to the Department by January 25, 2000, or that comments be presented in writing or orally at a public hearing on January 11, 2000.
After the close of the public comment period, the Hearing Officer prepared his report and recommendation in the form of a memorandum to the Secretary dated May 8, 2000, and that memorandum is expressly incorporated herein by reference.
II. Findings and Conclusions
1) On October 26, 1999, presentations were made before the Council on Game and Fish on possible regulation changes regarding endangered species and smallmouth bass.
2) On November 9, 1999, a public workshop concerning possible regulation changes regarding smallmouth bass was held at the Brandywine Creek State Park Nature Center.
3) Proper notice of the public hearing held on January 11, 2000, was provided as required by law.
4) All of the findings and conclusions contained in the Hearing Officer’s Report, dated April 12, 2000, are expressly incorporated herein.
5) The proposed amendments include modifications from those published in the Delaware Register of Regulations on December 1, 1999, based on comments received during the public notice period.
6) The changes made to the proposal after it was published in the Delaware Register of Regulations do not constitute substantive changes with respect to republishing this regulatory proposal.
7) The proposed amendments should be made in the best interest of the general public of the State of Delaware.
III. Order
In view of the findings and conclusions, it is hereby ordered that the proposed amendments to the Wildlife and Non-Tidal Fishing Regulations be adopted in the manner and form provided for by law. This order shall become effective on June 12, 2000.
Nicholas A. DiPasquale
Secretary
WR-1. DEFINITIONS.
For purposes of WR-2 through WR-15 WR-16 and NT-1 through NT-8, the following words and phrases shall have the meaning ascribed to them, unless the context clearly indicates otherwise:
(1) “Administered by the Division” shall mean owned, leased or licensed by the Division.
(2) “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.
(3) “Antlerless deer” shall mean any deer that has no antlers or antlers less than three inches in length.
(4) “Bait” shall mean any nontoxic food material, compound or mixture of ingredients which wildlife is able to consume.
(5) “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.
(6) “Designated trout stream” shall mean:
a. Christina Creek, from the boundary line between this State and the State of Maryland through Rittenhouse Park;
b. White Clay Creek, from the boundary line between this State and the Commonwealth of Pennsylvania to the downstream side of Paper Mill Road;
c. Pike Creek, from Route 72 to Henderson Road;
d. Mill Creek, from Brackenville Road to Route 7;
e. Wilson Run, from Route 92 through Brandywine Creek State Park; and
f. Beaver Run, from the boundary line between this State and the Commonwealth of Pennsylvania to the Brandywine River.
(7) “Director” shall mean the Director or Acting Director of the Division.
(8) “Division” shall mean the Division of Fish and Wildlife of the Department.
(9) “Endangered species” shall mean any species of fish or wildlife designated by regulation of the Department as being in danger of extinction throughout all or a significant portion of its range, or determined by the Secretary of Commerce or the Secretary of the Interior to be an endangered species in accordance with the Endangered Species Act of 1973, as amended.
(9)(10) “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.
(10)(11) “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.
(11)(12) “Fishing” or “to fish” shall mean to take, catch, kill or reduce to possession or attempt to take, catch, kill or reduce to possession any fish by any means whatsoever.
(12)(13) “Game fish” shall include smallmouth bass, largemouth bass, black or white crappie, rock bass, white bass, walleye, northern pike, chain pickerel, muskellunge (or hybrids), salmon, trout, sunfishes and white bass/striped bass hybrids.
(13)(14) “Liberated game” shall mean cottontail rabbits and game birds, including bobwhite quail, mallard duck, chukar and pheasant, released pursuant to § 568 of Title 7.
(14)(15) “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:
a. The striking mechanism used to ignite the cap, primer or priming powder is removed or rendered inoperable; or
b. The rifle is enclosed in a case.
(15)(16) “Lure” shall mean any mixture of ingredients, element or compound that attract wildlife, but the wildlife is unlikely to consume.
(16)(17) “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.
(17)(18) “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. “Native wildlife” shall mean any species of the animal kingdom indigenous to this State.
(18)(19) “Possession” shall mean either actual or constructive possession of or any control over the object referred to.
(19)(20) “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.
(20)(21) “Restricted trout stream” shall mean the White Clay Creek from a point 25 yards above Thompson Bridge at Chambers Rock Road to the boundary line between this State and the Commonwealth of Pennsylvania.
(21)(22) “Roadway” shall mean any road, lane or street, including associated right-of-ways, maintained by this State or any political subdivision of this State.
(22)(23) “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.
(23)(24) “Wildlife” shall mean any member of the animal kingdom, including without limitation, any amphibian, arthropod, bird, mammal or reptile.
(24)(25) “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.
WR-4. SEASONS.
Section 1. Season Dates.
[Specific dates for hunting seasons Hunting and trapping season dates] will be published [officially] each year in an annual publication entitled [the] “Delaware Hunting and Trapping Guide.”
Section 2. General.
It shall be unlawful for any person to hunt those species of wildlife for which a season is designated at any time other than during that season.
Section 3. Protected Wildlife.
(a) Unless otherwise provided by law or regulation of the Department, it shall be unlawful for any person to hunt any species of protected wildlife.
(b) It shall be unlawful for any person to sell, transport or possess any species of protected wildlife, except when:
(1) Otherwise provided by law or regulation of the Department; or
(2) The wildlife was lawfully taken outside of this State in accordance with the laws or regulations of the state or nation where the wildlife was taken.
Section 4. Beaver.
(a) Unless otherwise [authorized provided] by law or regulation of the Department, it shall be unlawful for any person to hunt or trap beaver during any period of the year, however, from December 1 through March 20, landowners (or their agents) may take up to eight [(8)] beavers from their property without a permit, provided:
(1) Beavers are damaging crops or other property;
(2) The property damage is certified by the landowner; and
(3) The number of beavers taken is reported to the Division by April 1.
(b) Beaver hides and the meat of lawfully taken beaver harvested anywhere within or outside of Delaware may be sold.
Section 5. Bullfrogs.
(a) Season. – Bullfrogs [(Rana catesbiana)] may be hunted in accordance with the statutes and regulations of the State of Delaware governing the hunting of bullfrogs: from May 1 through September 30.
(b) Limit. – It shall be unlawful for any person to take more than twenty-four (24) bullfrogs in any one day.
(c) License. – A hunting or fishing license is required to take bullfrogs.
Section 6. Crows.
It shall be unlawful for any person to hunt common crows during any period of the year, except Thursdays, Fridays and Saturdays between and including the fourth Thursday of June and the last Saturday of March, unless said person holds a valid depredation permit. The hunting of [crow common crows] is restricted only by the provisions of federal regulations pertaining to the taking of common crows. Crows may be taken without a permit when committing damage or about to commit damage.
Section 7. Gray Squirrel.
(a) Season. – Gray squirrel may be hunted in accordance with the statutes and regulations of the State of Delaware governing the hunting of gray squirrel: from September 15 (September 14, if September 15 is a Sunday) through the first Saturday in November; and from the Monday that immediately precedes Thanksgiving through the day that precedes the January shotgun deer season. Squirrel hunting shall be unlawful during any period and in any area when it is lawful to hunt deer with a firearm.
(b) Limit. – It shall be unlawful for any person to take more than four [(4)] gray squirrels in any one day.
Section 8. Opossum.
The opossum may only be hunted or trapped during the lawful season to hunt or trap raccoons.
Section 9. Pheasant.
(a) Season. – Male pheasant may be hunted in accordance with the statutes and regulations of the State of Delaware governing the hunting of pheasant: from the Monday that immediately precedes Thanksgiving through the day that precedes the January shotgun deer season, except that no pheasant hunting shall be lawful during any period when it is lawful to hunt deer with a firearm. Notwithstanding the foregoing, pheasant may be hunted during the December firearm deer season when hunter orange is displayed in accordance with § 718 of Title 7.
(b) Female Pheasant. – It shall be unlawful for any person to hunt or possess any female pheasant at any time, except as permitted on licensed [shooting game] preserves, by licensed game breeders or as otherwise permitted by law.
(c) 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.
(d) 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.
(e) [Shooting 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 [restricted experimental, propagating and shooting licensed game] preserves.
Section 10. Quail.
(a) Season. – Bobwhite quail may be hunted in accordance with the statutes and regulations of the State of Delaware governing the hunting of bobwhite quail: from the Monday that immediately precedes Thanksgiving through the first Saturday of February, except that no quail hunting shall be lawful during any period when it is lawful to hunt deer with a firearm. Notwithstanding the foregoing, quail may be hunted during the December or January firearm deer seasons when hunter orange is displayed in accordance with § 718 of Title 7.
(b) Limit. – It shall be unlawful for any person to take more than six [(6)] quail in any one day.
Section 11. Rabbit.
(a) Season. – Rabbits may be hunted in accordance with the statutes and regulations of the State of Delaware governing the hunting of rabbits: from the Monday that immediately precedes Thanksgiving through the first Saturday in February, except that no rabbit hunting shall be lawful during any period when it is lawful to hunt deer with a firearm. Notwithstanding the foregoing, rabbit may be hunted during the December or January firearm deer seasons when hunter orange is displayed in accordance with § 718 of Title 7.
(b) Limit. – It shall be unlawful for any person to take more than four [(4)] rabbits in any one day.
Section 12. Raccoon.
(a) Trapping Season. – Raccoon may be trapped in accordance with the statutes and regulations of the State of Delaware governing the trapping of raccoon: from December 1 through March 10 (March 20 on embanked meadows) in New Castle County; and from December 15 through March 15 in Kent and Sussex counties. The season is open throughout the year on private land, except on Sundays, in eastern New Castle and Kent counties pursuant to § 786 of Title 7 and Section 4(b) of WR-2.
(b) Hunting Season. – Raccoon may be hunted in accordance with the statutes and regulations of the State of Delaware governing the hunting of raccoon: from September 1 (September 2, if September 1 is a Sunday) through October 31 for chase only whereby it shall be unlawful to kill raccoon and opossum; from November 1 through the last day of February; and from March 1 through March 31 for chase only whereby it shall be unlawful to kill raccoon and opossum. The season is open throughout the year on private land in eastern New Castle and Kent counties, except on Sundays, pursuant to § 786 of Title 7.
(c) Notwithstanding subsection (b) of this section, it shall be unlawful for any person to hunt raccoon or opossum during any period when it is lawful to hunt deer with a firearm, except that it shall be lawful to hunt raccoon from 7:00 p.m. until midnight during the December and January firearm deer seasons.
Section 13. Red Fox.
Red fox may be hunted in accordance with the statutes and regulations of the State of Delaware governing the hunting of red fox: from October 1 through April 30 for chase only whereby it shall be unlawful to kill red fox, except no red fox hunting shall be lawful during any period when it is lawful to hunt deer with a firearm. Notwithstanding the foregoing, red foxes may be killed in accordance with Section 8 of WR-2 and § 788 of Title 7.
Section 14. Ruffed Grouse.
It shall be unlawful for any person to hunt for ruffed grouse during any period of the year.
Section 15. Snapping Turtles.
(a) Season. – It shall be unlawful for any person to hunt for snapping turtles during any period of the year, except between and including June 15 and May 15.
(b) Size. – It shall be unlawful for any person to sell, offer for sale or kill any snapping turtle with a carapace length of less than eight [(8)] inches, measured on the curvature.
Section 16. Terrapin.
(a) Season. – It shall be unlawful for any person to hunt for diamondback terrapin during any period of the year, except between and including July 15 and October 1 September 1 and November 15.
(b) Limit. – It shall be unlawful for any person to take more than four [(4)] diamondback terrapin in any one day.
WR-6. RESTRICTED EXPERIMENTAL, PROPAGATING AND SHOOTING GAME PRESERVES.
It shall be unlawful for any person to hunt liberated game on restricted [licensed] game preserves from April 1 through October 14.