State Summary: DELAWARE

Sources: Delaware Code Annotated, 1974, Title 7; 1991 Replacement Volume; 1992 Supplement.

STATE WILDLIFE POLICY

The General Assembly finds and declares: It is in the best interest of the state to preserve and enhance the diversity and abundance of nongame fish and wildlife, and to protect the habitat and natural areas harboring rare and vanishing species of fish, wildlife, plants and areas of unusual scientific significance or unusual importance to the survival of Delaware's native fish, wildlife and plants in their natural environments. Rare and endangered species are a public trust in need of active, protective management, and it is in the broad public interest to preserve and enhance such species. Historically, fish and wildlife conservation programs have focused on the more recreationally and commercially important species and, consequently, have been financed largely by hunting and fishing license revenues and by federal assistance based on excise taxes on certain hunting and fishing equipment. These traditional financing mechanisms are neither adequate nor fully appropriate to meet the needs of all fish and wildlife. It is the policy of the state to enable and encourage taxpayers voluntarily to support nongame fish and wildlife, nongame habitat and natural areas preservation programs, including rare plants protection, through contributions designated on state income tax forms (7-201). (See also RELEVANT WILDLIFE DEFINITIONS and Agency Funding Sources under STATE FISH AND WILDLIFE AGENCIES.)

PROTECTED SPECIES OF WILDLIFE

No person shall take or needlessly destroy the nests or eggs of any wild bird, nor have such nests or eggs in possession (7-742).

Any person who disturbs, destroys, or in any manner damages a bald eagle's nest or aerie shall be fined up to $500, plus costs, and/or jailed 50 days. Any person shooting, killing or attempting to kill a bald eagle or who attempts to remove eggs or eaglets from their nest shall be fined $1,000, plus costs, and/or jailed 100 days. Any person who barters, trades or possesses any bald eagle, bald eagle eggs or eaglets shall be fined $1,000, plus costs, and/or jailed 100 days (7-747).

Whoever takes or destroys any terrapin eggs found or collected on or near the shore of any bay, river or stream where the water is salt, or upon any salt marsh or beach, shall be fined $10. Anyone possessing such eggs shall be deemed to have taken them there unless the person proves the contrary (7-781). (See also Restrictions on Taking: Hunting and Trapping under HUNTING, FISHING AND TRAPPING PROVISIONS for other terrapin provisions.)

No person shall catch, kill, possess (living or dead), purchase, sell, transport or ship any wild bird other than a game bird, or any part of the plumage, skin or body of such bird, or any game bird except as expressly permitted by law; but house sparrows and starlings may be killed, sold or shipped by any person in any manner and at any time (7-741).

All state lands, except as otherwise provided, and state, county and municipal parks in Delaware shall be state game refuges, and no person shall hunt, kill or injure any game therein at any time. Any person may shoot and kill, during the open season for game, wild duck, wild geese, brant and snipe on state lands bordering on Delaware Bay, Atlantic Ocean, Indian River and Assawoman Bay. All wildlife refuges created under this title are under the jurisdiction of the Department and subject to regulations, including those covering the right to hunt and fish (7- 743).