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Title 7 Conservation

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Title 7 Conservation Title 7 Conservation NOTICE: The Delaware Code appearing on this site is prepared by the Delaware Code Revisors and the editorial staff of LexisNexis in cooperation with the Division of Research of Legislative Council of the General Assembly, and is considered an official version of the State of Delaware statutory code. This version includes all acts effective as of August 19, 2021, up to and including 83 Del. Laws, c. 126. DISCLAIMER: With respect to the Delaware Code documents available from this site or server, neither the State of Delaware nor any of its employees, makes any warranty, express or implied, including the warranties of merchantability and fitness for a particular purpose, or assumes any legal liability or responsibility for the usefulness of any information, apparatus, product, or process disclosed, or represents that its use would not infringe privately-owned rights. Please seek legal counsel for help on interpretation of individual statutes. Title 7 - Conservation Part I Game, Wildlife and Dogs Chapter 1 Protected Wildlife § 101. Definitions. For the purposes of Parts I and II of this title, unless otherwise specifically defined, or another intention clearly appears, or the context requires a different meaning: (1) “Department” means the Department of Natural Resources and Environmental Control. (2) “Fish and Wildlife Agent” means a law enforcement officer employed by the Department of Natural Resources and Environmental Control pursuant to this title and § 8003(13) of Title 29. (3) “Hunt” means to chase, pursue, kill, trap or take or attempt to chase, pursue, kill, trap or take any form of wild bird or wild animal. (4) “Protected wildlife” means all forms of game and wildlife except such as are not protected by Parts I and II of this title. (5) “Resident” means any person not an alien who has resided a year or more within this State. (6) “Secretary” means the Secretary of the Department of Natural Resources and Environmental Control or the Secretary’s duly authorized designee, provided any such delegation of authority is consistent with Chapter 80 of Title 29. (27 Del. Laws, c. 152, § 5; Code 1915, §§ 2358A, 2415; 40 Del. Laws, c. 191, §§ 2, 28; Code 1935, §§ 2803, 2887; 7 Del. C. 1953, § 101; 57 Del. Laws, c. 739, §§ 1, 2; 63 Del. Laws, c. 389, § 4; 70 Del. Laws, c. 105, § 1; 70 Del. Laws, c. 186, § 1.) § 102. Powers and duties. (a) The Department shall protect, manage and conserve all forms of protected wildlife of this State, and enforce by proper actions and proceedings the law relating thereto. The Department shall authorize such studies as are necessary to the work of the Department, and shall collect, classify and preserve such statistics, data and information as in its discretion will tend to promote the objectives of Parts I and II of this title. (b) The Secretary shall employ Fish and Wildlife Agents and other necessary employees and shall fix the salaries of all such employees, who shall have the power to arrest in the same manner provided in subsection (c) of this section, and for the same purpose therein described, and be subject to and serve during the pleasure of the Secretary. (c) The Department shall prescribe the form of licenses issued by it; shall collect all fees for licenses issued by it and all fines and forfeitures imposed for violations of the game and fish laws of this State; shall have authority to arrest without warrant for all violations of the game and fish laws of this State in order to carry out the provisions thereof. The Fish and Wildlife Agents shall also have the power to make arrests of persons violating § 518 of Title 17 in their presence or view or otherwise upon the issuance of an arrest warrant based on a showing of probable cause that the individual named in the warrant committed the violation. (d) The Department may issue a permit to any recognized sportsmen’s club having its principal location in the State to hold field trials at any time on liberated game legally possessed or on liberated artificially propagated game legally possessed and take such game by shooting. Such game taken shall be immediately tagged for identification with seals or tags supplied by the Department, for which it shall receive 5 cents each. Game so tagged may be possessed, transported, bought and sold at any time and seals shall not be removed until game is finally prepared for consumption. (26 Del. Laws, c. 162, §§ 3, 6; 26 Del. Laws, c. 164, § 15; 27 Del. Laws, c. 154; 27 Del. Laws, c. 155, § 3; Code 1915, §§ 2358B, 2360, 2363; 40 Del. Laws, c. 191, §§ 2, 3; Code 1935, §§ 2804, 2806; 47 Del. Laws, c. 148, § 1; 7 Del. C. 1953, § 106; 49 Del. Laws, c. 98, § 1; 56 Del. Laws, c. 224; 57 Del. Laws, c. 450, § 1; 57 Del. Laws, c. 739, §§ 7-12; 70 Del. Laws, c. 105, §§ 2, 3; 70 Del. Laws, c. 275, § 1.) § 103. Rules and regulations; expenditures; violations and penalty. (a) The Department may promulgate such rules and regulations and may make expenditures necessary to: (1) Fix and regulate seasons by shortening, extending or closing seasons, and to fix and regulate the bag limit on any species of protected wildlife or freshwater fish except muskrat in any specified localities whenever it finds, after investigation, and a public hearing is had as provided in subsection (b) of this section, that such action is necessary to assure the conservation of such wildlife or freshwater fish, and the maintenance of an adequate supply thereof or to limit the supply thereof when conditions warrant the same; (2) Establish and close to hunting, trapping and/or fishing such wildlife refuges, or any lake, stream or pond, as in its judgment may be deemed best to conserve any species of wildlife or fish; (3) Acquire by purchase, lease or agreement, gift or devise, lands, marshes or waters suitable for the purposes hereinafter enumerated, and maintain the same for said purposes: a. To provide fish nursery ponds and game farms; b. To provide lands or waters suitable for upland game, waterfowl, fish or fur-bearing animal propagation and protection; Page 1 Title 7 - Conservation c. To provide public hunting, fishing or other recreational grounds or waters to be used as areas in which the public may hunt, fish or camp in accordance with the provisions of law and the regulations of the Department; d. To extend and consolidate lands, marshes or waters suitable for the above purposes by exchange of other lands or waters; e. To capture, propagate, transport, buy or exchange any species of protected wildlife needed for stocking any lands, marshes or waters of this State. (b) The Department may establish such other rules and regulations concerning any species of protected wildlife or freshwater fish except muskrat in any specified localities as it deems necessary or advisable for the protection and conservation of wildlife or freshwater fish. (c) This section shall not be construed as authorizing the Department to change any penalty for violating any game or fish law, or to change the amount of any license fee established under Part I of this title, or to issue any license not lawfully authorized, or to extend any open season or bag limit beyond the limits prescribed by federal law or regulations. (d) Whoever violates any rule or regulation of the Department except those pertaining to deer or wild turkeys shall be guilty of a class D environmental violation for each offense. Whoever violates any rule or regulation of the Department pertaining to antlerless deer shall be guilty of a class C environmental violation for each offense. Whoever violates any rule or regulation of the Department pertaining to antlered deer shall be guilty of a class A environmental misdemeanor for each offense. Whoever violates any rule or regulation of the Department pertaining to wild turkeys shall be guilty of a class B environmental misdemeanor for each offense. (Code 1915, § 2358C; 40 Del. Laws, c. 191, § 2; Code 1935, § 2805; 7 Del. C. 1953, § 108; 49 Del. Laws, c. 153, §§ 1-4; 51 Del. Laws, c. 123, §§ 1, 2; 53 Del. Laws, c. 435; 57 Del. Laws, c. 739, § 14; 59 Del. Laws, c. 210, §§ 1, 2; 60 Del. Laws, c. 674, §§ 1-3; 61 Del. Laws, c. 354, § 1; 63 Del. Laws, c. 197, §§ 1-4; 70 Del. Laws, c. 275, §§ 2-7; 73 Del. Laws, c. 375, § 6[5]; 77 Del. Laws, c. 44, §§ 1, 2; 79 Del. Laws, c. 421, § 1.) § 104. Restrictions on expenditures and indebtedness. The Department shall not contract any indebtedness or obligations which cannot be met by funds immediately available to its use, as provided in Part I of this title. (Code 1915, § 2358B; 40 Del. Laws, c. 191, § 2; Code 1935, § 2804; 7 Del. C. 1953, § 109; 57 Del. Laws, c. 739, § 15.) § 105. Assent to federal statutes — Cooperative wildlife-restoration projects. The State assents to the act of Congress entitled, “An Act to Provide that the United States Shall Aid the States in Wildlife-Restoration Projects, and for Other Purposes,” approved September 2, 1937 [16 U.S.C. § 669 et seq.] as amended and the Department shall perform such acts as are necessary to the conduct and establishment of cooperative wildlife-restoration projects, as defined in that act of Congress, in compliance with the act and with rules and regulations promulgated by the Secretary of the Interior thereunder. The Department may receive and disburse any and all funds allocated to this State under said act of Congress and any amendment or amendments thereto. (42 Del.
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