reglab/statecodes huggingface dataset:
2023 Delaware Code › Title 7 - Conservation › Chapter 7. REGULATIONS AND PROHIBITIONS CONCERNING GAME AND FISH › Subchapter I. General Provisions › § 709. Hours for hunting; federal laws and regulations; prohibitions and exceptions.

§ 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, raccoons, opossums, skunks, minks, otter and foxes between a half an hour after sunset of 1 day and a 1/2 before sunrise the following day. No person shall shoot muskrats within the hours named in this section.
26 Del. Laws, c. 165, §  7;  27 Del. Laws, c. 158, §  5;  Code 1915, §  2380;  35 Del. Laws, c. 173, §  1;  Code 1935, §  2828;  46 Del. Laws, c. 147, §  1;  7 Del. C. 1953, §  710;  49 Del. Laws, c. 150;  70 Del. Laws, c. 275, §§  49, 71;
2023 Delaware Code › Title 7 - Conservation › Chapter 7. REGULATIONS AND PROHIBITIONS CONCERNING GAME AND FISH › Subchapter I. General Provisions › § 710. Use of silencer on gun; penalty.

§ 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;  70 Del. Laws, c. 275, §§  50, 71;  79 Del. Laws, c. 421, §  3;
2023 Delaware Code › Title 7 - Conservation › Chapter 7. REGULATIONS AND PROHIBITIONS CONCERNING GAME AND FISH › Subchapter I. General Provisions › § 711. Hunting with automatic-loading gun prohibited; penalty.

§ 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 which has not been cut off or plugged with a filler incapable of removal through the loading end thereof, so as to reduce the capacity of said gun to not more than 3 shells at 1 time, in the magazine and chamber combined.
(b) Whoever violates this section shall be guilty of a class C environmental violation.
(c) Having in one's possession, while in the act of hunting game birds or game animals, a gun that will hold more than 3 shells at 1 time in the magazine and chamber combined, except as authorized in subsection (a) of this section, shall be prima facie evidence of violation of this section.
Code 1935, §  2830A;  45 Del. Laws, c. 204, §  1;  7 Del. C. 1953, §  712;  70 Del. Laws, c. 275, §§  51, 71;  76 Del. Laws, c. 302, §§  1-3;  79 Del. Laws, c. 421, §  3;
2023 Delaware Code › Title 7 - Conservation › Chapter 7. REGULATIONS AND PROHIBITIONS CONCERNING GAME AND FISH › Subchapter I. General Provisions › § 712. Prohibition against Sunday hunting.

§ 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 section shall not be applicable to trapping, training dogs, hunting red foxes with dogs, or participating in commercial game preserve operations in accordance with the provisions of § 572 of this title.
(c) This section shall not be applicable to deer hunting seasons established by the Department.
(d) Such Sunday deer hunting may occur on private lands at landowner discretion and on those public lands as may be so designated by and at the discretion of the applicable government agency, which shall inform the public of the location and times Sunday hunting is allowed on their respective public lands. Any government agency designating or changing the designation of such Sunday deer hunting on its public lands shall provide adequate opportunity for public comment prior to designating the location or times of such Sunday deer hunting. For the purposes of this section, “public lands” includes federal, state, county, municipal, or other government-owned lands.
(e) This section shall not be applicable to the harvesting of deer as permitted by the Department through its deer depredation programs.
26 Del. Laws, c. 165, §  10;  Code 1915, §  2383;  Code 1935, §  2833;  45 Del. Laws, c. 258, §  1;  7 Del. C. 1953, §  714;  63 Del. Laws, c. 389, §  3;  70 Del. Laws, c. 275, §  71;  78 Del. Laws, c. 27, §  2;  80 Del. Laws, c. 320, § 1;  81 Del. Laws, c. 318, § 1;
2023 Delaware Code › Title 7 - Conservation › Chapter 7. REGULATIONS AND PROHIBITIONS CONCERNING GAME AND FISH › Subchapter I. General Provisions › § 713. Fire regulations; penalty.

§ 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 of the owner or owners; or
(2) Start a fire or fires anywhere and permit same to spread to woodlots, forests or other wild lands, causing damage to or destruction of such property; or
(3) Except as provided in subsection (b) of this section, fire or cause to be fired any marshland in this State after March 1 in any year.
(b) The Department, upon application from any landowner or freeholder and after due investigation, may extend beyond March 1 the time during which marshland in this State may be fired, by the issuance of a permit thereto for such purpose, if it is found after such investigation that the landowner or freeholder has been prevented from firing landowner's or freeholder's marshland before March 1 by circumstances beyond landowner's or freeholder's control.
(c) Whoever violates this section shall be guilty of a class C environmental violation for each offense in addition to any other penalty that may be imposed for any damage caused by the setting of unlawful fires of any kind whatsoever.
Code 1915, §  2379A;  35 Del. Laws, c. 206, §  1;  40 Del. Laws, c. 191, §  11;  Code 1935, §  2832;  7 Del. C. 1953, §  715;  57 Del. Laws, c. 739, §  56;  70 Del. Laws, c. 186, §  1;  70 Del. Laws, c. 275, §§  52, 53, 71;  79 Del. Laws, c. 421, §  3;
2023 Delaware Code › Title 7 - Conservation › Chapter 7. REGULATIONS AND PROHIBITIONS CONCERNING GAME AND FISH › Subchapter I. General Provisions › § 714. Trespassing; penalty.

§ 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, §  16;  Code 1915, §  2409;  Code 1935, §  2880;  7 Del. C. 1953, §  720;  49 Del. Laws, c. 82;  59 Del. Laws, c. 71, §  1;  70 Del. Laws, c. 275, §§  55, 71;  79 Del. Laws, c. 421, §  3;
2023 Delaware Code › Title 7 - Conservation › Chapter 7. REGULATIONS AND PROHIBITIONS CONCERNING GAME AND FISH › Subchapter I. General Provisions › § 715. Possession of protected wildlife; prohibitions.

§ 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 protected under the Migratory Bird Treaty Act [16 U.S.C. § 703 et seq.] shall be defined by federal regulations. Any game bird, game animal, or game fish that has been processed and stored for consumption at a person's permanent residence shall not count against the person's possession limit. Nothing in this section shall apply to terrapin lawfully taken and of lawful size, when it is lawful to have said animals, their meat and skins in possession.
(b) No person shall have in possession any game fish during the closed season for said fish, whether the same shall have been taken within or without the State, and no person shall at any time of the year barter, sell, offer for sale or buy any game birds, game animals or game fish protected by the laws of this State, and killed or caught either lawfully or unlawfully within or without this State, except always the muskrat, the snapping turtle and the diamond back terrapin trade during the seasons when it is lawful to have said animals and their meat in possession, and trading at any and all times in muskrat skins and other skins and in terrapin of lawful size which have been lawfully taken; and further except always hotels, restaurants, clubs and other food dispensers which may offer pheasants and quail for food consumption, provided, however, that every such food dispenser having pheasants and quail in its possession has an invoice covering the same showing purchase thereof from a licensed game breeder within or without this State, said invoice to have the game breeder's license number on it.
(c) No person shall knowingly have in possession any game birds, animals or fish which have been unlawfully killed or taken, except when confiscated by the Department and when in the possession of the Department or when in the possession of those to whom the Department has given them.
(d) Whoever violates this section shall be guilty of a class C environmental violation for each offense. In addition to being fined and/or imprisoned, the violator shall be fined $25 for each game bird, game fish and game animal caught or killed illegally, purchased or offered to purchase, sold, offered for sale, bartered or exchanged, or taken or killed or found in possession in excess of the bag or creel limit.
Code 1915, §  2390;  31 Del. Laws, c. 51, §  2;  40 Del. Laws, c. 191, §§  13, 14;  Code 1935, §  2849;  7 Del. C. 1953, §  721;  49 Del. Laws, c. 29;  50 Del. Laws, c. 437, §§  1, 2;  57 Del. Laws, c. 739, §  57;  60 Del. Laws, c. 493, §  3;  70 Del. Laws, c. 186, §  1;  70 Del. Laws, c. 275, §§  56, 57, 71;  79 Del. Laws, c. 363, §  1;  79 Del. Laws, c. 421, §  3;
2023 Delaware Code › Title 7 - Conservation › Chapter 7. REGULATIONS AND PROHIBITIONS CONCERNING GAME AND FISH › Subchapter I. General Provisions › § 716. Hunting, fishing or trapping without a license; penalties.

§ 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;  Code 1915, §  2391;  40 Del. Laws, c. 191, §  15;  Code 1935, §  2850;  7 Del. C. 1953, §  722;  57 Del. Laws, c. 739, §  58;  70 Del. Laws, c. 275, §§  58, 71;  79 Del. Laws, c. 421, §  3;
2023 Delaware Code › Title 7 - Conservation › Chapter 7. REGULATIONS AND PROHIBITIONS CONCERNING GAME AND FISH › Subchapter I. General Provisions › § 717. Frightening or harassing migratory birds; penalties.

§ 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;  70 Del. Laws, c. 275, §§  59, 71;  79 Del. Laws, c. 421, §  3;
2023 Delaware Code › Title 7 - Conservation › Chapter 7. REGULATIONS AND PROHIBITIONS CONCERNING GAME AND FISH › Subchapter I. General Provisions › § 718. Requiring wearing of hunter orange in the hunting of deer; violation and penalty.

§ 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 time when it is lawful to take deer with a firearm, any person hunting any wildlife except migratory game birds in this State shall display on that person's head, chest and back a total of not less than 400 square inches of hunter orange material.
(c) If a hunter utilizes a ground blind to hunt deer during a time when it is lawful to take deer with a firearm and the hunter is completely concealed within a blind, then 400 square inches of hunter orange material shall be placed within 10 feet outside of the blind and at least 3 feet off of the ground.
(d) Whoever violates this section shall be guilty of a class D environmental violation.
7 Del. C. 1953, §  705;  59 Del. Laws, c. 97, §  1;  60 Del. Laws, c. 302, §  1;  70 Del. Laws, c. 186, §  1;  70 Del. Laws, c. 275, §§  61, 62, 71;  70 Del. Laws, c. 502, §  1;  76 Del. Laws, c. 301, §§  1, 2;  79 Del. Laws, c. 421, §  3;
2023 Delaware Code › Title 7 - Conservation › Chapter 7. REGULATIONS AND PROHIBITIONS CONCERNING GAME AND FISH › Subchapter I. General Provisions › § 719. Discharge of firearms on or near public roads and public rights-of-way; penalty.

§ 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 Environmental Control, the Department of Agriculture of the State or the United States Department of the Interior and is designated by the respective department as an area open to hunting or trapping.
(b) No person shall shoot at any wild bird or wild animal while it is on a public road, nor shall any person shoot across a public road or right-of-way at any wild bird or wild animal.
(c) Whoever violates this section shall be guilty of a class C environmental violation.
61 Del. Laws, c. 372, §  1;  64 Del. Laws, c. 373, §  1;  70 Del. Laws, c. 275, §§  63, 71;  79 Del. Laws, c. 421, §  3;
2023 Delaware Code › Title 7 - Conservation › Chapter 7. REGULATIONS AND PROHIBITIONS CONCERNING GAME AND FISH › Subchapter I. General Provisions › § 720. Conditional permits for disabled persons.

§ 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 to the extent that the applicant cannot safely hunt except from a vehicle, may issue a conditional permit to shoot wild birds and wild animals from a stationary vehicle during established hunting seasons and in accordance with other existing laws and regulations.
62 Del. Laws, c. 59, §  1;  70 Del. Laws, c. 186, §  1;  70 Del. Laws, c. 275, §§  64, 71;
2023 Delaware Code › Title 7 - Conservation › Chapter 7. REGULATIONS AND PROHIBITIONS CONCERNING GAME AND FISH › Subchapter I. General Provisions › § 721. Killer, body-gripping traps.

§ 721. Killer, body-gripping traps.
Anyone who sets, tends or attempts to set or tend a killer, body-gripping trap with a jaw spread in excess of 5 inches shall be guilty of a class B environmental misdemeanor for each offense.
62 Del. Laws, c. 326, §  1;  70 Del. Laws, c. 275, §§  65, 71;  81 Del. Laws, c. 370, § 1;
2023 Delaware Code › Title 7 - Conservation › Chapter 7. REGULATIONS AND PROHIBITIONS CONCERNING GAME AND FISH › Subchapter I. General Provisions › § 722. Prohibition against use of lights; penalties.

§ 722. Prohibition against use of lights; penalties.
(a) No person or persons shall hunt or attempt to hunt at nighttime any species of wild bird or wild animal with any artificial light including the headlights of any vehicle or with any device that amplifies light using a power source including but not limited to night vision and infrared devices. Possession in a motor vehicle or conveyance of any firearms or other implements with which wild birds or wild animals may be killed, exposed within immediate reach, either loaded or unloaded, while using any artificial lights or any device that amplifies light, shall be prima facie evidence of the use of such firearms or other implements for hunting. Raccoons or opossums may be hunted on foot or while riding on a horse or mule at nighttime during open season with the use of a dog or artificial light or both. Frogs may be hunted on foot or from a boat at nighttime during open season with an artificial light.
(b) No person or persons shall make use of any artificial light emanating from a vehicle and directing toward woods, fields, orchards, livestock, wild animals or birds, dwellings or buildings. The provisions of this subsection do not apply to the normal use of headlights of a vehicle traveling on any public or private road in a normal manner, to any police, emergency or utility company vehicle using spotlights to perform their duties, or to any farmer or landowner on the farmer's or landowner's own or leased land using artificial lights to check on equipment, crops, livestock or poultry. Nor shall this subsection apply to the normal use of headlights of a vehicle traveling in a normal manner 2 hours prior to sunrise or 2 hours after sunset.
(c) Whoever violates this section shall be guilty of a class B environmental misdemeanor.
63 Del. Laws, c. 389, §  6;  70 Del. Laws, c. 186, §  1;  70 Del. Laws, c. 275, §§  66, 71;  78 Del. Laws, c. 373, §  1;
2023 Delaware Code › Title 7 - Conservation › Chapter 7. REGULATIONS AND PROHIBITIONS CONCERNING GAME AND FISH › Subchapter I. General Provisions › § 723. Hunting or trapping in safety zones; penalty.

§ 723. Hunting or trapping in safety zones; penalty.
(a) (1) No person, except the owner or occupant, shall discharge a firearm within 100 yards of an occupied dwelling, house or residence or any barn, stable or any other building used in connection therewith, while hunting or trapping for wild birds or wild animals of any kind. The area within said distance shall be a “safety zone,” and it shall be unlawful to shoot at any wild bird or wild animal while it is within such safety zone without the specific advance permission of the owner or tenant.
(2) Notwithstanding any other law or regulation to the contrary, the safety zone for hunting deer by archery device during established archery seasons shall be 50 yards.
(b) During any open hunting or trapping season, it shall be unlawful for any person, other than the owner or occupant, to hunt or to trap, pursue, disturb or otherwise chase any wild animal or bird within a safety zone without the specific, advance permission of the owner or occupant.
(c) No person, except the owner or occupant, or a person with the permission of said owner or occupant, shall discharge a firearm so that a shot, slug or bullet lands upon any occupied dwelling, house, or residence, or any barn, stable or other building used in connection therewith.
(d) Whoever violates this section shall be guilty of a class C environmental violation.
64 Del. Laws, c. 369, §  1;  69 Del. Laws, c. 281, §  1;  70 Del. Laws, c. 275, §§  67, 71;  77 Del. Laws, c. 425, §  4;  79 Del. Laws, c. 421, §  3;
2023 Delaware Code › Title 7 - Conservation › Chapter 7. REGULATIONS AND PROHIBITIONS CONCERNING GAME AND FISH › Subchapter I. General Provisions › § 724. Wilful obstruction or impeding of lawful hunting, fishing or trapping activities.

§ 724. Wilful obstruction or impeding of lawful hunting, fishing or trapping activities.
(a) No person shall wilfully obstruct or impede the participation of any individual in:
(1) The lawful taking of fish, crabs, oysters, clams or frogs; or
(2) The lawful hunting of any game birds or animals; or
(3) The lawful trapping of any game animals.
(b) Whoever violates this section shall be guilty of a class B environmental misdemeanor.
(c) Hunting, trapping or fishing activities while trespassing upon the private lands of another person, persons or corporation shall not be considered lawful hunting, trapping or fishing activities for purposes of this section.
(d) The conduct declared unlawful in this section shall not include any incidental interference arising from lawful activities normally conducted within the general area.
(e) This section shall not apply to law-enforcement personnel acting in the lawful performance of their duties.
65 Del. Laws, c. 303, §  1;  70 Del. Laws, c. 275, §§  68-71;
2023 Delaware Code › Title 7 - Conservation › Chapter 7. REGULATIONS AND PROHIBITIONS CONCERNING GAME AND FISH › Subchapter I. General Provisions › § 725. Falconry; permit; regulations; hunting.

§ 725. Falconry; permit; regulations; hunting.
(a) No person may take, transport or possess any raptor for falconry purposes in this State without first procuring a falconry permit from the Department. The Department shall not charge a fee for a falconry permit.
(b) The State hereby adopts Title 50 of the Code of Federal Regulations pertaining to falconry, and the Department may promulgate such other regulations as may be necessary to govern the practice of falconry.
(c) The falconry permit, when accompanied by a current hunting license, authorizes the hunting of game birds and game animals in compliance with the State's seasons and bag limits.
71 Del. Laws, c. 362, §  1;
2023 Delaware Code › Title 7 - Conservation › Chapter 7. REGULATIONS AND PROHIBITIONS CONCERNING GAME AND FISH › Subchapter I. General Provisions › § 726. Interstate Wildlife Violator Compact.

§ 726. Interstate Wildlife Violator Compact.
(1) The Interstate Wildlife Violator Compact is an interstate agreement between member states to enhance the compliance with the hunting, fishing, and other wildlife laws of member states, and provides for the fair and impartial treatment of wildlife and fisheries violators.
(2) The Board of Compact Administrators has set forth prescribed requirements and procedures for any state to become a member of the Interstate Wildlife Violator Compact within the established Bylaws and Interstate Wildlife Violator Compact Operations Manual.
(3) Through this statute, the State of Delaware directs and empowers the Delaware Department of Natural Resources and Environmental Control (DNREC), Division of Fish and Wildlife to enact all provisions of the Interstate Wildlife Violator Compact.
(4) DNREC is charged to adopt and begin implementation of the Interstate Wildlife Violator Compact set forth in the Compact, Bylaws and Operations Manual, and to further recognize all current and future member states legally empowered as members of the Compact on or before July 1, 2016. DNREC shall notify the General Assembly if an extension is necessary for a maximum of 3 years due to technological capacity challenges that preclude timely implementation of the Compact.
(5) The State of Delaware by representation through DNREC's Division of Fish and Wildlife will make a formal application to the Chairman and Board of Administrators of the Interstate Wildlife Violation Compact to receive full admission, authority, and representation as an official member of the Interstate Wildlife Violator Compact.
79 Del. Laws, c. 113, §  1;
2023 Delaware Code › Title 7 - Conservation › Chapter 7. REGULATIONS AND PROHIBITIONS CONCERNING GAME AND FISH › Subchapter II. Wild Birds Other Than Game Birds, Migratory Wild Fowl › § 734. Prohibitions respecting wild birds other than game birds; birds not protected.

§ 734. Prohibitions respecting wild birds other than game birds; birds not protected.
No person shall catch, kill, have in possession (living or dead), purchase, sell or expose for sale, transport or ship any wild bird other than a game bird, or any part of the plumage, skin or body of any 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.
26 Del. Laws, c. 165, §§  1, 4;  Code 1915, §§  2373, 2377;  28 Del. Laws, c. 197, §  1;  30 Del. Laws, c. 176, §  1;  Code 1935, §§  2818, 2825, 2890;  7 Del. C. 1953, §  741;  57 Del. Laws, c. 85;  57 Del. Laws, c. 739, §  59;  59 Del. Laws, c. 148, §  2;  70 Del. Laws, c. 275, §  77;
2023 Delaware Code › Title 7 - Conservation › Chapter 7. REGULATIONS AND PROHIBITIONS CONCERNING GAME AND FISH › Subchapter II. Wild Birds Other Than Game Birds, Migratory Wild Fowl › § 735. Nests and eggs protected.

§ 735. Nests and eggs protected.
No person shall take or needlessly destroy the nests or eggs of any wild bird, nor have such nests or eggs in that person's possession.
22 Del. Laws, c. 216, §  2;  Code 1915, §  2417;  Code 1935, §  2891;  7 Del. C. 1953, §  742;  70 Del. Laws, c. 186, §  1;  70 Del. Laws, c. 275, §  77;
2023 Delaware Code › Title 7 - Conservation › Chapter 7. REGULATIONS AND PROHIBITIONS CONCERNING GAME AND FISH › Subchapter II. Wild Birds Other Than Game Birds, Migratory Wild Fowl › § 736. State game refuges; wildlife refuges.

§ 736. State game refuges; wildlife refuges.
(a) 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 upon said lands and parks or kill or injure any game therein at any time of the year.
(b) Any person may shoot and kill during the open season for same, wild duck, wild geese, brant and snipe on all state lands bordering on the Delaware Bay, Atlantic Ocean, Indian River and Assawoman Bay.
(c) Notwithstanding this section, all wildlife refuges created under this title shall be under the jurisdiction of the Department and subject to all the rules and regulations thereof including rules and regulations covering the right to hunt and fish therein.
Code 1915, §  2417A;  30 Del. Laws, c. 176, §  5;  36 Del. Laws, c. 233, §  1;  40 Del. Laws, c. 191, §  31;  Code 1935, §  2892;  7 Del. C. 1953, §  743;  57 Del. Laws, c. 739, §  60;  70 Del. Laws, c. 275, §  77;
2023 Delaware Code › Title 7 - Conservation › Chapter 7. REGULATIONS AND PROHIBITIONS CONCERNING GAME AND FISH › Subchapter II. Wild Birds Other Than Game Birds, Migratory Wild Fowl › § 737. Exception to application of §§ 734, 735 and 736 for holder of license for scientific purposes.

§ 737. Exception to application of §§ 734, 735 and 736 for holder of license for scientific purposes.
Sections 734, 735 and 736 of this title shall not apply to any person holding a license giving the right to take birds and their nests and eggs for scientific purposes.
22 Del. Laws, c. 216, §§  4, 6;  Code 1915, §  2419;  Code 1935, §  2894;  7 Del. C. 1953, §  745;  70 Del. Laws, c. 275, §§  72, 77;
2023 Delaware Code › Title 7 - Conservation › Chapter 7. REGULATIONS AND PROHIBITIONS CONCERNING GAME AND FISH › Subchapter II. Wild Birds Other Than Game Birds, Migratory Wild Fowl › § 738. Erection and removal of booby, brush or stake blinds.

§ 738. Erection and removal of booby, brush or stake blinds.
No booby, brush or stake blinds shall be erected sooner than 30 days prior to the open season for the hunting of wild water fowl and all such blinds shall be removed within 30 days after the close of said season.
Whoever violates this section shall be guilty of a class D environmental violation for each offense.
Code 1935, §  2821C;  45 Del. Laws, c. 203, §  1;  7 Del. C. 1953, §  747;  49 Del. Laws, c. 338;  50 Del. Laws, c. 9, §  1;  70 Del. Laws, c. 275, §§  73, 77;  79 Del. Laws, c. 421, §  3;
2023 Delaware Code › Title 7 - Conservation › Chapter 7. REGULATIONS AND PROHIBITIONS CONCERNING GAME AND FISH › Subchapter II. Wild Birds Other Than Game Birds, Migratory Wild Fowl › § 739. Prohibitions respecting bald eagles; disturbing, damaging or destroying nests; eggs; penalties.

§ 739. Prohibitions respecting bald eagles; disturbing, damaging or destroying nests; eggs; penalties.
(a) Any person who disturbs, destroys or in any manner damages a bald eagle's nest or aerie shall be guilty of a class A environmental misdemeanor.
(b) Any person shooting, killing or attempting to kill a bald eagle or any person who removes, or attempts to remove eggs or eaglets from their nest or aerie shall be guilty of a class A environmental misdemeanor.
(c) Any person who barters, offers to barter, trades, offers to trade or possesses any bald eagle, bald eagle eggs or eaglets shall be guilty of a class A environmental misdemeanor.
7 Del. C. 1953, §  748;  57 Del. Laws, c. 88;  70 Del. Laws, c. 275, §§  74-77;
2023 Delaware Code › Title 7 - Conservation › Chapter 7. REGULATIONS AND PROHIBITIONS CONCERNING GAME AND FISH › Subchapter II. Wild Birds Other Than Game Birds, Migratory Wild Fowl › § 740. Crows.

§ 740. Crows.
The crow may be hunted in accordance with federal regulations.
7 Del. C. 1953, §  749;  59 Del. Laws, c. 158, §  1;  70 Del. Laws, c. 275, §  77;
2023 Delaware Code › Title 7 - Conservation › Chapter 7. REGULATIONS AND PROHIBITIONS CONCERNING GAME AND FISH › Subchapter II. Wild Birds Other Than Game Birds, Migratory Wild Fowl › § 741. Snow geese.

§ 741. Snow geese.
Notwithstanding any other provision of this title, a person may hunt snow geese by any method, provided the individual complies with federal laws and regulations.
72 Del. Laws, c. 52, §  1;
2023 Delaware Code › Title 7 - Conservation › Chapter 7. REGULATIONS AND PROHIBITIONS CONCERNING GAME AND FISH › Subchapter III. Muskrats › § 750. Placement of traps for muskrats.

§ 750. Placement of traps for muskrats.
The habitat of a muskrat shall be a marsh of any size, ordinarily subject to rise and fall of tide, a ditch, a stream, or land not suited to cultivation of crops due to a normally marshy condition. A trap set or found at any place other than such habitat shall be considered as having been set for game animals other than muskrats.
27 Del. Laws, c. 157, §§  1, 2;  Code 1915, §§  2388, 2392B;  40 Del. Laws, c. 191, §  18;  Code 1935, §  2839;  7 Del. C. 1953, §  761;  70 Del. Laws, c. 275, §  86;
2023 Delaware Code › Title 7 - Conservation › Chapter 7. REGULATIONS AND PROHIBITIONS CONCERNING GAME AND FISH › Subchapter III. Muskrats › § 751. Muskrats driven from shelter by flood or freshet.

§ 751. Muskrats driven from shelter by flood or freshet.
No person shall take, kill or capture, by any means whatever, any muskrat during the time of any flood or freshet, when such flood or freshet may cause any muskrat to leave its usual and accustomed place of shelter and protection.
Whoever violates this section shall be guilty of a class D environmental violation for each offense.
26 Del. Laws, c. 165, §  14;  Code 1915, §  2387;  Code 1935, §  2838;  7 Del. C. 1953, §  762;  70 Del. Laws, c. 275, §§  78, 86;  79 Del. Laws, c. 421, §  3;
2023 Delaware Code › Title 7 - Conservation › Chapter 7. REGULATIONS AND PROHIBITIONS CONCERNING GAME AND FISH › Subchapter III. Muskrats › § 752. Hunting muskrats with dog; penalty.

§ 752. Hunting muskrats with dog; penalty.
(a) No person shall hunt, take, catch or kill any muskrat with dog or dogs.
(b) Whoever violates this section shall be guilty of a class D environmental violation for each offense.
27 Del. Laws, c. 157, §§  1, 2;  Code 1915, §§  2388, 2392B;  40 Del. Laws, c. 191, §  18;  Code 1935, §  2839;  7 Del. C. 1953, §  763;  70 Del. Laws, c. 275, §§  79, 86;  79 Del. Laws, c. 421, §  3;
2023 Delaware Code › Title 7 - Conservation › Chapter 7. REGULATIONS AND PROHIBITIONS CONCERNING GAME AND FISH › Subchapter III. Muskrats › § 753. Muskrat nailing; destroying or damaging muskrat house, den; penalties.

§ 753. Muskrat nailing; destroying or damaging muskrat house, den; penalties.
(a) No person shall take, capture or kill, at any time, within this State, any muskrat by the method commonly known as nailing; or dig into, tear down, remove, interfere with, destroy or damage in any way any muskrat house, nest, den, lair or refuge.
(b) Whoever violates this section shall be guilty of a class C environmental violation for each muskrat house, nest, den, lair or refuge, dug into, torn down, removed, interfered with, destroyed or damaged in any way.
Code 1915, §  2388A;  32 Del. Laws, c. 172, §  1;  Code 1935, §  2840;  7 Del. C. 1953, §  764;  70 Del. Laws, c. 275, §§  80, 86;  9 Del. Laws, c. 421, §  3;
2023 Delaware Code › Title 7 - Conservation › Chapter 7. REGULATIONS AND PROHIBITIONS CONCERNING GAME AND FISH › Subchapter III. Muskrats › § 754. Trespassing on property of another to kill muskrats; violations and penalties.

§ 754. Trespassing on property of another to kill muskrats; violations and penalties.
(a) Whoever enters into or upon, or trespasses upon the ways, marshes, lands or premises of another within this State, without first obtaining the consent of the owner or lessee thereof, for the purpose of taking, trapping, capturing or killing any muskrat in any manner whatsoever, shall be guilty of a class C environmental violation.
(b) Nothing in this section shall affect the right of the party injured, to that party's civil action for damages, as in cases of trespass.
Code 1915, §  2388B;  32 Del. Laws, c. 172, §  1;  Code 1935, §  2841;  7 Del. C. 1953, §  765;  70 Del. Laws, c. 186, §  1;  70 Del. Laws, c. 275, §§  81, 86;  79 Del. Laws, c. 421, §  3;
2023 Delaware Code › Title 7 - Conservation › Chapter 7. REGULATIONS AND PROHIBITIONS CONCERNING GAME AND FISH › Subchapter III. Muskrats › § 755. Taking muskrat on public road or highway; penalties.

§ 755. Taking muskrat on public road or highway; penalties.
(a) No person shall take, capture or kill, in any manner, at any time, within this State, any muskrat on any public road or highway.
(b) Whoever violates this section shall be guilty of a class D environmental violation for each offense.
Code 1915, §  2388C;  34 Del. Laws, c. 183, §§  1, 2;  Code 1935, §  2842;  43 Del. Laws, c. 195, §  1;  7 Del. C. 1953, §  767;  70 Del. Laws, c. 275, §§  83, 86;  79 Del. Laws, c. 421, §  3;
2023 Delaware Code › Title 7 - Conservation › Chapter 7. REGULATIONS AND PROHIBITIONS CONCERNING GAME AND FISH › Subchapter III. Muskrats › § 756. Diving or box trap; penalty.

§ 756. Diving or box trap; penalty.
(a) No person shall take, capture or kill, at any time, within the State, any muskrat with a trap commonly known as a diving or box trap. The setting of any such trap in any muskrat den, lead, or runway shall be prima facie evidence of an offense against this section.
(b) Whoever violates this section shall be guilty of a class D environmental violation for each offense.
Code 1915, §  2388C;  34 Del. Laws, c. 183, §§  1, 2;  Code 1935, §  2842;  43 Del. Laws, c. 195, §  1;  7 Del. C. 1953, §  768;  70 Del. Laws, c. 275, §§  84, 86;  79 Del. Laws, c. 421, §  3;
2023 Delaware Code › Title 7 - Conservation › Chapter 7. REGULATIONS AND PROHIBITIONS CONCERNING GAME AND FISH › Subchapter III. Muskrats › § 757. Trapping muskrats or other fur-bearing animals adjacent to Broadkiln Creek without consent of landowner; penalty.

§ 757. Trapping muskrats or other fur-bearing animals adjacent to Broadkiln Creek without consent of landowner; penalty.
(a) No person shall trap or take muskrats or other fur-bearing animals from any lands adjacent to Broadkiln Creek, from the corporate limits of the Town of Milton to the Delaware Bay, or from the banks of Broadkiln Creek, from the corporate limits of the Town of Milton to the Delaware Bay, without first obtaining the consent of the owner of the lands or banks of the Creek. The failure of any person trapping or taking muskrats or other fur-bearing animals, as aforesaid, to produce the consent in writing of the landowner or the owner of the bank on which traps are set for muskrats, or other fur-bearing animals are taken shall be prima facie evidence of the violation of this section.
(b) Whoever violates this section shall be guilty of a class C environmental violation for each offense.
44 Del. Laws, c. 148, §§  1, 2;  7 Del. C. 1953, §  769;  70 Del. Laws, c. 275, §§  85, 86;  79 Del. Laws, c. 421, §  3;
2023 Delaware Code › Title 7 - Conservation › Chapter 7. REGULATIONS AND PROHIBITIONS CONCERNING GAME AND FISH › Subchapter III. Muskrats › § 758. Extension of muskrat open season.

§ 758. Extension of muskrat open season.
Notwithstanding § 703(1) of this title, the open season during which it shall be lawful to catch, kill or pursue or attempt to catch, kill or pursue muskrat may be extended. The Department shall establish both the conditions under which an extension shall occur and the extension framework through regulations promulgated pursuant to Chapter 101 of Title 29, Administrative Procedures Act.
77 Del. Laws, c. 437, §  1;
2023 Delaware Code › Title 7 - Conservation › Chapter 7. REGULATIONS AND PROHIBITIONS CONCERNING GAME AND FISH › Subchapter IV. Rabbits › § 767. Rabbit or hare hunting with ferret.

§ 767. Rabbit or hare hunting with ferret.
No person shall hunt, take, kill or destroy any rabbit or hare with a ferret, or have a ferret in possession while hunting.
26 Del. Laws, c. 165, §  13;  Code 1915, §  2386;  Code 1935, §  2837;  7 Del. C. 1953, §  771;  70 Del. Laws, c. 275, §  90;
2023 Delaware Code › Title 7 - Conservation › Chapter 7. REGULATIONS AND PROHIBITIONS CONCERNING GAME AND FISH › Subchapter IV. Rabbits › § 768. Receipt of rabbits from without the State; penalties.

§ 768. Receipt of rabbits from without the State; penalties.
(a) No person shall receive from without the State any European or San Juan rabbit or any rabbit from an endemic state or area listed as such by the United States Public Health Service.
(b) No person shall receive from without the State any rabbit which is not prohibited by subsection (a) of this section unless it is accompanied by the certificate of the Secretary of the Department of Health and Social Services or the Secretary's designee or of an equivalent agency of the place of origin recognized and approved by the Secretary of the Department of Health and Social Services or the Secretary's designee to the effect that such rabbit is free from disease.
(c) Whoever violates this section shall be guilty of a class B environmental misdemeanor for each offense.
28 Del. Laws, c. 195;  Code 1935, §  2844;  7 Del. C. 1953, §  772;  50 Del. Laws, c. 141, §  1;  70 Del. Laws, c. 149, §  1;  70 Del. Laws, c. 186, §  1;  70 Del. Laws, c. 275, §§  87, 90;
2023 Delaware Code › Title 7 - Conservation › Chapter 7. REGULATIONS AND PROHIBITIONS CONCERNING GAME AND FISH › Subchapter IV. Rabbits › § 769. License to sell rabbits received from another state.

§ 769. License to sell rabbits received from another state.
A special license shall not be required for the purpose of selling rabbits received from without the State in accordance with § 768 of this title.
28 Del. Laws, c. 195;  Code 1935, §  2845;  7 Del. C. 1953, §  773;  70 Del. Laws, c. 275, §§  88, 90;
2023 Delaware Code › Title 7 - Conservation › Chapter 7. REGULATIONS AND PROHIBITIONS CONCERNING GAME AND FISH › Subchapter IV. Rabbits › § 770. Identifying rabbits received from another state.

§ 770. Identifying rabbits received from another state.
All persons exposing rabbits for sale, which were received from without the State, shall mark on a card not less than 12 inches by 8 inches, in readable letters, the words “Shipped Rabbits,” the name of the state from where the rabbits were shipped, and the name of the shipper.
28 Del. Laws, c. 195;  Code 1935, §  2846;  7 Del. C. 1953, §  774;  70 Del. Laws, c. 275, §  90;
2023 Delaware Code › Title 7 - Conservation › Chapter 7. REGULATIONS AND PROHIBITIONS CONCERNING GAME AND FISH › Subchapter IV. Rabbits › § 771. Bill of lading to be shown on demand.

§ 771. Bill of lading to be shown on demand.
All persons having rabbits in their possession and offering them for sale shall show, on demand from any constable, police officer or Fish and Wildlife Agent, the bill of lading and all other memoranda of the shipment, so as to satisfy such officer that the rabbits were not killed or shipped from any place within this State.
28 Del. Laws, c. 195;  Code 1935, §  2847;  7 Del. C. 1953, §  775;  70 Del. Laws, c. 105, §  5;  70 Del. Laws, c. 275, §  90;
2023 Delaware Code › Title 7 - Conservation › Chapter 7. REGULATIONS AND PROHIBITIONS CONCERNING GAME AND FISH › Subchapter V. Terrapin › § 781. Taking or destroying terrapin eggs; penalty.

§ 781. Taking or destroying terrapin eggs; penalty.
Whoever takes or destroys any terrapin eggs found, or collected, on or near the shore of any bay, river or stream in this State, where the water is salt, or upon any salt marsh, or beach, shall be guilty of a class D environmental violation. Anyone having possession of such eggs shall be deemed to have taken them there, unless that person proves the contrary.
Code 1852, §  969;  12 Del. Laws, c. 329, §  9;  14 Del. Laws, c. 422, §  9;  Code 1915, §  2490;  Code 1935, §  2970;  7 Del. C. 1953, §  781;  70 Del. Laws, c. 186, §  1;  70 Del. Laws, c. 275, §  91;  79 Del. Laws, c. 421, §  3;
2023 Delaware Code › Title 7 - Conservation › Chapter 7. REGULATIONS AND PROHIBITIONS CONCERNING GAME AND FISH › Subchapter V. Terrapin › § 783. Terrapin taken or caught in Indian River or Rehoboth Bay — Use of dredges to take terrapin; penalty.

§ 783. Terrapin taken or caught in Indian River or Rehoboth Bay — Use of dredges to take terrapin; penalty.
Whoever uses any dredge for the purpose of catching or taking terrapin in the Indian River or Rehoboth Bay, or waters adjacent thereto, shall be guilty of a class D environmental violation for each offense.
13 Del. Laws, c. 435, §  1;  14 Del. Laws, c. 420, §  1;  16 Del. Laws, c. 310, §  1;  Code 1915, §  2491;  Code 1935, §  2971;  7 Del. C. 1953, §  783;  70 Del. Laws, c. 275, §  93;  79 Del. Laws, c. 421, §  3;
2023 Delaware Code › Title 7 - Conservation › Chapter 7. REGULATIONS AND PROHIBITIONS CONCERNING GAME AND FISH › Subchapter V. Terrapin › § 784. Terrapin raised in private ponds.

§ 784. Terrapin raised in private ponds.
Nothing contained in this subchapter shall prevent any person from raising terrapin in a private pond.
24 Del. Laws, c. 151, §  1;  27 Del. Laws, c. 150;  Code 1915, §  2492;  Code 1935, §  2972;  7 Del. C. 1953, §  784;  70 Del. Laws, c. 275, §§  95, 96;
2023 Delaware Code › Title 7 - Conservation › Chapter 7. REGULATIONS AND PROHIBITIONS CONCERNING GAME AND FISH › Subchapter VI. Other Game and Fish › § 786. Raccoon and opossum.

§ 786. Raccoon and opossum.
(a) No person shall kill any raccoon or opossum, or needlessly destroy, break or interfere with any den or lair of any raccoon or opossum, or set fire to, burn or otherwise mutilate any tree, living or dead, stump or log for the purpose of killing or destroying in any way any raccoon or opossum at any time of the year, between 1 hour before sunrise and 1 hour after sunset.
(b) Any person may trap, hunt with dogs or otherwise take raccoons from any lands during the period as defined by Departmental regulations.
(c) Raccoon and opossum may be legally trapped, statewide, in a box type trap operated in such a way as to confine but not otherwise harm the entrapped raccoon or opossum with a maximum opening dimension not to exceed 195 square inches.
(d) Any person may trap or hunt, with dogs, raccoons with permission of the landowner from any lands 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 excepting on Sundays; provided, however, that 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.
(e) Notwithstanding § 704(d) of this title, a .22 caliber rimfire pistol may be used to hunt raccoons and opossums.
26 Del. Laws, c. 165, §  3;  27 Del. Laws, c. 158, §  2;  27 Del. Laws, c. 159;  Code 1915, §  2375;  37 Del. Laws, c. 220, §  1;  38 Del. Laws, c. 145, §  1;  Code 1935, §  2821;  41 Del. Laws, c. 177, §  3;  45 Del. Laws, c. 202, §  1;  47 Del. Laws, c. 164, §  1;  7 Del. C. 1953, §  791;  52 Del. Laws, c. 245;  62 Del. Laws, c. 326, §§  5, 6;  63 Del. Laws, c. 374, §  1;  66 Del. Laws, c. 43, §  1;  70 Del. Laws, c. 275, §  103;  71 Del. Laws, c. 366, §  3;
2023 Delaware Code › Title 7 - Conservation › Chapter 7. REGULATIONS AND PROHIBITIONS CONCERNING GAME AND FISH › Subchapter VI. Other Game and Fish › § 787. Protection of deer; penalties.

§ 787. Protection of deer; penalties.
(a) No person shall hunt, chase or pursue with the intent to kill, trap, take or have in possession any deer (living or dead), except those deer legally taken during the open season and during lawful hours in each county.
(b) All evidence including weapons, ammunition, lights, communication systems and/or instrumentalities including motor vehicles used in violation of subsection (a) of this section may be seized and retained as evidence, and forfeited according to procedures set forth in the Superior Court Criminal Rules. Wherever the State seeks to have property allegedly used in violation of subsection (a) of this section forfeited, the Superior Court shall have jurisdiction over both the violation of subsection (a) of this section and the issue of forfeiture.
(c) No person shall make use of dogs for the hunting or pursuing of deer with intent to kill said deer in this State at any time.
(d) No person shall purchase, sell or expose for sale, or transport, ship or possess with the intent to sell, any deer or any part of such deer, except for the hides of lawfully killed deer, at any time. Nothing in this paragraph shall preclude the importation and consumption of venison, approved for sale by the United States Department of Agriculture, into this State.
(e) Any person may possess a deer lawfully killed in another state if the person in possession of such deer has proof of such lawful killing and possession, and presents the proof upon demand to any officer or official of this State. It shall also be lawful to possess deer within an enclosure in a public zoo or park, or if a permit for such deer has been issued by the Department.
(f) Whoever violates this section shall be guilty of a class B environmental misdemeanor for each offense. In addition to being fined and/or imprisoned, anyone found guilty of a first offense for violating subsection (a) of this section shall be required to turn in any valid hunting license and shall be denied the privilege of hunting, with or without a license, in the State for a period of 2 years, commencing with the date of conviction; for any subsequent offense, anyone found guilty shall be required to turn in any valid hunting license and shall be denied the privilege of hunting, with or without a license, in the State for a period of 5 years, commencing with the date of conviction.
Code 1935, §  2824A;  47 Del. Laws, c. 302, §  1;  7 Del. C. 1953, §  792;  70 Del. Laws, c. 275, §§  97, 103;  70 Del. Laws, c. 436, §  5;