§ 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.;
§ 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.
§ 788 Exceptions to the prohibition against the killing of red fox.
(a) Notwithstanding § 703(2) of this title, red foxes may be harvested statewide. The Department shall establish the season structure and framework through regulations promulgated pursuant to Chapter 101, Administrative Procedures Act, of Title 29.
(b) Notwithstanding § 703(2) of this title, the Department may issue a permit to a private landowner authorizing the landowner to manage red foxes on his or her property, provided there is a wildlife management plan for the property, the wildlife management plan has been approved by the Department, and a reduction in the number of foxes was recommended by such plan. The permit shall specify the time during which, the means and methods by which, and the person or persons by whom the red foxes may be killed or captured. The Department shall not charge a fee for the issuance of a permit under this section.
(c) Nothing in this chapter shall be construed to prevent the killing of a red fox by the owner of poultry if such fox is in the act of attacking such poultry. Such person may kill such foxes within a reasonable time after the pursuit, killing or carrying away of the poultry.
(d) Notwithstanding anything to the contrary contained in this chapter, it shall be lawful to possess, buy and sell the hides of red foxes which are legally taken in Delaware or in another state.
26 Del. Laws, c. 165, § 12; Code 1915, §§ 2385, 2385A; 40 Del. Laws, c. 194, § 1; 40 Del. Laws, c. 195, § 1; Code 1935, § 2836; 41 Del. Laws, c. 177, § 7; 7 Del. C. 1953, § 793; 60 Del. Laws, c. 587, §§ 1, 2; 62 Del. Laws, c. 138, §§ 6, 7; 68 Del. Laws, c. 15, § 1; 70 Del. Laws, c. 186, § 1; 70 Del. Laws, c. 275, §§ 98, 103; 72 Del. Laws, c. 332, § 2; 76 Del. Laws, c. 173, § 1; 76 Del. Laws, c. 308, § 2.;
§ 789 Sale or shipment of red fox or red fox hides; penalty.
(a) No live red fox shall be sold, purchased, possessed or exposed for sale in this State, or shipped by freight or express, or otherwise, or taken from any place within this State to any place outside this State. Nothing in this section shall be construed to prevent the possession or transfer of red fox hides legally taken in Delaware or in another state. It shall be legal to sell the hides of red foxes legally taken in Delaware within the State or in another state.
(b) The provisions of the preceding paragraph insofar as they relate to the possession of live red foxes shall not apply to animal exhibitions owned or operated by the State or any political subdivision thereof.
(c) Whoever violates this section shall be guilty of a class B environmental misdemeanor for each offense.
26 Del. Laws, c. 166; Code 1915, § 2408; Code 1935, § 2879; 41 Del. Laws, c. 177, § 8; 7 Del. C. 1953, § 794; 62 Del. Laws, c. 138, § 8; 63 Del. Laws, c. 52, §§ 1, 2; 70 Del. Laws, c. 275, §§ 99, 103; 72 Del. Laws, c. 332, § 3; 76 Del. Laws, c. 308, §§ 3-6.;
§ 790 Digging out or killing female fox or her young whelps; penalty.
(a) No person shall dig out or in any manner take from any den a female fox, or her young whelps, or kill or in any manner cause the death of such female fox, or her young whelps, during the period of time in which she is suckling them.
(b) Whoever violates this section shall be guilty of a class C environmental violation for every female fox or whelp so dug or taken out of any den, or killed or caused to be killed.
26 Del. Laws, c. 166; Code 1915, § 2408; Code 1935, § 2879; 7 Del. C. 1953, § 795; 60 Del. Laws, c. 587, § 3; 70 Del. Laws, c. 186, § 1; 70 Del. Laws, c. 275, §§ 100, 103; 72 Del. Laws, c. 332, § 4; 79 Del. Laws, c. 421, § 3.;
§ 791 Possession of red fox whelps.
Notwithstanding any other provision of this subchapter to the contrary, the taking and possession of red fox whelps between April 1 and August 15 of each year by persons possessing no less than 5 foxhounds kept for chasing mature red foxes and having a permit issued by the Department shall be permitted for the purpose of raising the whelps for fox chasing. Any whelps possessed by virtue of this section shall have been taken only with permission of the landowner. Any whelp possessed by virtue of this section must be released each year prior to August 15. Only red fox whelps found within this State shall be subject to this section.
§ 792 Legal limit on bullfrogs; penalty.
No person shall take or kill more than 24 bullfrogs in any 1 day or night, or have the same in that person's possession for more than 5 days after the close of the season for killing excepting when they are had in possession alive for scientific or propagating purposes.
Whoever violates this section shall be guilty of a class D environmental violation.
Code 1915, § 2384A; 37 Del. Laws, c. 215, § 1; Code 1935, § 2835; 41 Del. Laws, c. 178, § 1; 7 Del. C. 1953, § 796; 70 Del. Laws, c. 186, § 1; 70 Del. Laws, c. 275, §§ 101-103; 79 Del. Laws, c. 421, § 3.;
§ 793 Sale of bullfrogs.
Notwithstanding any other provisions of Part I of this title, bullfrogs, lawfully taken or killed, may be sold, bought and possessed in any quantity.
§ 794 Deer accidentally killed by motor vehicle.
Any person, who, while operating a motor vehicle upon any public highway in this State, accidentally strikes and kills a deer upon said public highway shall, upon producing visible evidence of collision with said deer to any State Police or Fish and Wildlife Agent of this State, be entitled to possession of said deer. This section shall apply to deer killed by collision with a motor vehicle at any time, whether during the open season for killing deer or during the legally closed season.
§ 795 Prohibition of sale or transportation of live skunks or raccoons.
No live skunks or raccoons shall be sold or possessed in this State or transported into this State for any purpose without a permit from the Division.