§ 701. Game animals. The following shall be considered game animals: Mink, snapping turtle, raccoon, opossum, gray squirrel, otter, muskrat, red fox, hare, rabbit, frog, deer and beaver. The Bryant fox-squirrel, otherwise known as the “sciurus niger branti,” shall be protected wildlife. Code 1915, § 2374A; 40 Del. Laws, c. 191, § 9; Code 1935, […]
§ 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 […]
§ 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 […]
§ 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 […]
§ 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 […]
§ 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 […]
§ 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 at any time or place while such person is the occupant of any motor vehicle, motor or […]
§ 708. Loaded firearms prohibited in or on motor vehicles, motorboats or farm machinery. No person shall have a loaded shotgun or rifle 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 […]
§ 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, […]
§ 710. Use of silencer on gun; penalty. Whoever uses a silencer or noise-reducing contrivance on any gun, rifle or firearm when hunting for game or fowl, shall be guilty of a class C environmental violation. Code 1915, § 2381A; 35 Del. Laws, c. 169, § 1; Code 1935, § 2830; 7 Del. C. 1953, […]
§ 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 […]
§ 712. Prohibition against Sunday hunting. (a) On Sundays, no person shall hunt or pursue any game birds or game animals with any dog or any kind of implement which is capable of killing said game birds or game animals, except as provided in subsections (b), (c), (d) and (e) of this section. (b) This […]
§ 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 […]
§ 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. Code 1852, § 976; 14 Del. Laws, c. 421, § […]
§ 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 […]
§ 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. 26 Del. Laws, c. 164, § 2; […]
§ 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. 7 Del. C. 1953, § 724; 57 Del. Laws, c. 96; […]
§ 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 […]
§ 719. Discharge of firearms on or near public roads and public rights-of-way; penalty. (a) No person, except in lawful self-defense, shall discharge any firearm 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 […]
§ 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 […]
