§ 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.;
§ 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.
§ 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.;
§ 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.
§ 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.
§ 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.
§ 740 Crows.
The crow may be hunted in accordance with federal regulations.
§ 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.