Biological Diversity Policy

Delaware does not have a formal biodiversity policy. However, the Delaware Land Protection Act declares as its policy that the conservation of natural resources promotes biological diversity and is a proper responsibility of government. (Del. Code. Ann. tit. 7, 7502) It is also declared by statute to be state policy to preserve and enhance the diversity and abundance of nongame fish and wildlife. (Del. Code Ann. tit. 7, 201) Finally, by statute, state policy is to preserve and protect public and private wetlands. (Del. Code. Ann. tit. 7, 6602)

Status of Biodiversity Science

Delaware does not have a coordinated assessment system in place. Instead, the state utilizes its Natural Heritage Program and GAP. The Natural Heritage Program is cooperating with and providing information to GAP, which was expected to begin mapping in late 1995.

Endangered Species

Delaware has a limited endangered species act, providing for the listing of species and restricting trafficking in the species. (Del. Code Ann. tit. 7, 9601-604) No provisions exist for agency consultation, recovery plans or critical habitat designation. Penalties include fines ranging from $100 to $1,000 and jail time from 60 days to six months, or both.

State Agency Management for Biodiversity

State-owned Lands

Delaware plans and manages some state lands in a biologically sustainable manner. For example, all state lands are declared to be state game refuges, with no hunting, injuring or killing game allowed at any time. (Del. Code Ann. tit. 7, 743) State parks must be managed to preserve in every reasonable degree the scenic, historic, scientific, prehistoric and wildlife values of such areas. (Del. Code Ann. tit. 7, 4701)

Cooperative Efforts

Several interstate compacts contribute to cooperative efforts to improve land management across ownership boundaries. The Delaware-New Jersey Compact and Delaware River Basin Compact protect coastal zones, wetlands and the water resources of the Delaware River and Bay. (Del. Code Ann. tit. 17, 1701) The Atlantic States Marine Fisheries Compact is a joint program to protect fisheries. (Del. Code Ann. tit. 7, 1501)

State Agency Training

Some state personnel are trained in biodiversity management through attendance at workshops and professional meetings.

Impact Assessment

Delaware has no "little NEPA" requiring assessment of major proposed agency impacts on biological resources. However, pending legislation would require a study of the impacts of any construction by the Department of Natural Resources and Environmental Control adjacent to private land. No other impact assessment mechanisms were identified.

Habitat Acquisition

Delaware has some programs designed to acquire lands important because of their wildlife values. The Land Protection Act provides for acquisition of interests or rights in real property for state open space areas. (Del. Code Ann. tit. 7, 7501 et seq.) In addition, land is purchased to protect waterfowl habitat and nongame wildlife. Several accounts exist to purchase land and conservation easements for open space, waterfowl habitat, state parks and other state land. (Del. Code Ann. tit. 7, 7503) Legislation was approved in 1995 transferring approximately six million dollars from other accounts to fund greenway projects and other land acquisitions. Approximately seven million dollars per year is available for acquisition of state land from state bond funds.

Private Land Conservation

Delaware has few identified private land conservation provisions. Conservation and preservation easements are provided for by statute. (Del. Code Ann. tit. 7, 6901) In addition, a Natural Areas Preservation system encourages private landowners to set aside land for wildlife habitat. (Del. Code. Ann. tit. 7, 7301 et seq.)

Exotic Species

Delaware has no overall program for controlling the introduction and spread of exotic wildlife species. However, state law prohibits the possession, sale and exhibition of exotic mammals and reptiles without a permit. (Del. Code Ann. tit. 3, 7201) Exotic aquaculture species that may adversely affect indigenous plant and animal species are regulated. (Del. Code Ann. tit. 3, 406)

Predator or Animal Damage Control Activities

Delaware's animal damage control program operates primarily as a technical assistance organization, using state agents or commercial control operators. In addition, the state has provisions to control crows, muskrats, squirrels, raccoon and opossum. (Del. Code Am1. tit. 7, 704-715) The use of coil and spring traps is strictly regulated. Penalties are fines ranging from $100 to $1,000.

Additional Legal Protections for Biodiversity

The state has a citizen suit provision for injury to or destruction of natural resources due to oil pollution. (Del. Code Ann. tit. 7, 6207)

Related Issues

Delaware does not have specific programs of public education for biodiversity, although the state participates in Project WILD and is expected to publish a Watchable Wildlife viewing guide in 1997.

Delaware has a takings law. Under the legislation, no rule or regulation of any state agency may become effective until the state attorney general has informed the agency in writing as to its potential to result in a taking of private property. (Del. Code Ann. tit. 29, 605)

Contacts:

Department of Agriculture
2320 S. DuPont Highway
Dover, DE 19901
302-739-4811

Department of Natural Resources
and Environmental Control
89 Kings Highway
P.O. Box 1401
Dover, DE 19903
302-739-4403

State Extension Service
University of Delaware
Townsend Hall
Newark, DE 19717-1303
302-831-2504