Subchapter I. Hunting, Trapping and Fishing Licenses
§ 501. License requirements for residents and instruction for minors.
(a) Every resident of this State, except as otherwise provided in this chapter, shall obtain a general license before hunting,
trapping and/or fishing in this State; and every resident required to obtain a hunting license who was born after January
1, 1967, shall have satisfactorily completed not less than 10 hours of approved instruction, which includes but is not limited
to, the safe and proficient use of hunting equipment, hunter responsibility, principles of wildlife management, wildlife identification
and a hands-on live firing experience by a trained firearms instructor before such person makes application for a hunting
license. Proof of completion of authorized hunter education courses of other states or Canadian provinces shall be accepted
and deemed having met the instruction requirement.
(b) Commencing July 1, 1986, every resident, except as otherwise provided, shall obtain a trapping license before trapping
any animals regulated by this title. Every resident required to obtain a trapping license who was born after January 1, 1978,
shall have satisfactorily completed a course in trapping education approved by the Department before such person makes application
for a trapping license.
27 Del. Laws, c. 152, § 3; Code 1915, § 2413; 40 Del. Laws, c. 191, § 26; Code 1935, § 2885; 47 Del. Laws, c. 77, § 1; 7 Del. C. 1953, § 501; 57 Del. Laws, c. 347; 58 Del. Laws, c. 32; 58 Del. Laws, c. 511, § 9; 65 Del. Laws, c. 217, § 1; 69 Del. Laws, c. 56, § 1; 77 Del. Laws, c. 129, § 1.;
§ 502. Exceptions to requirements for license.
(a) Residents and nonresidents may fish if they are the operator of a vehicle with a surf fishing vehicle permit as long as
the vehicle is located on a designated Delaware state park surf fishing beach without being licensed hereunder.
(b) Residents who own or live upon farms in this State containing 20 or more acres, and the members of their immediate families
who reside on the farm, may hunt, fish and trap on the farm without being licensed hereunder.
(c) Residents under 13 years of age may hunt without a license in this State when accompanied by a person who is the lawful
holder of a hunting license or has a lawful right to hunt.
(d) Any child under the age of 16 years may fish or take fish or crabs or clam from any of the waters under the jurisdiction
of this State without being licensed hereunder. Residents 16 and older but not over 65 years of age must purchase a fishing
license to fish or take fish, crabs or clams.
(e) Residents, 65 years of age or older, are exempted from the licensing requirements of this chapter.
(f) A member of the armed forces of the United States who is a patient in a military hospital may be issued a license to hunt,
trap and fish in this State without charge, upon receipt by the Department of a written statement signed by the applicant's
commanding officer certifying the nature of the applicant's disability and place of station.
(g) Persons who are patients in any Veterans Administration facility in this State, or in any public hospital or sanitarium
for the treatment of tuberculosis, or a patient in a rehabilitation hospital under the State Department of Health, provided
such person carries identification which verifies his or her status as such a patient, shall not be required to purchase a
fishing license. Forms shall be supplied to such persons when they apply for their licenses to be used for the identification
purposes described in this subsection.
(h) Residents living in this State for at least 1 year immediately prior to the date of application for a license who have
been honorably discharged from the armed forces of the United States and certified by the Veterans Administration as having
at least a 60% service-connected disability are exempted from the licensing requirements of this chapter.
(i) Blind persons are exempted from the licensing requirements of this chapter.
(j) Any unarmed residents participating in an organized fox hunt are exempt from the licensing requirements of this chapter.
(k) Any resident is exempt from the fishing license requirements of this chapter while fishing in a fee fishing operation
that is registered as same with the Department of Agriculture according to Chapter 4 of Title 3.
(l) Any resident who has served honorably for 90 or more consecutive days on active duty in the Armed Forces of the United
States, including service as member of the Delaware National Guard, in military actions in Southwest Asia associated with
Operation Iraqi Freedom or Operation Enduring Freedom may, for the first 12 months following the date the resident was honorably
discharged or removed from active status, be issued a license to hunt and/or fish in this State without charge.
27 Del. Laws, c. 152, § 3; Code 1915, §§ 2371, 2413; 40 Del. Laws, c. 191, §§ 8, 26; 40 Del. Laws, c. 199, §§ 1-3; Code 1935, §§ 2817, 2852, 2885; 7 Del. C. 1953, § 502; 55 Del. Laws, c. 444; 57 Del. Laws, c. 77; 57 Del. Laws, c. 399, §§ 1-4; 57 Del. Laws, c. 422; 60 Del. Laws, c. 411, § 1; 63 Del. Laws, c. 389, § 9; 69 Del. Laws, c. 103, § 10; 70 Del. Laws, c. 186, § 1; 74 Del. Laws, c. 291, § 1; 76 Del. Laws, c. 71, §§ 1-3; 76 Del. Laws, c. 72, § 1.;
§ 503. Application for resident's license; proof of residence.
Each applicant for a resident's license shall present reasonable proof to the Department or its duly authorized agent that
he or she is a bona fide resident of this State. The social security number of the applicant shall be included on the application
for any resident's license. The information contained within hunting, fishing and trapping licenses and related databases
may not be made available to the public. Government agencies may use license information for law-enforcement purposes involving
fish and wildlife investigations, for research purposes involving hunting/trapping harvest surveys conducted by Department
scientists (excluding Social Security information), or as otherwise authorized by law.
27 Del. Laws, c. 152, § 3; Code 1915, § 2413; 40 Del. Laws, c. 191, § 26; Code 1935, § 2885; 7 Del. C. 1953, § 503; 57 Del. Laws, c. 739, § 32; 59 Del. Laws, c. 96, § 5; 74 Del. Laws, c. 6, § 2; 74 Del. Laws, c. 337, § 1; 77 Del. Laws, c. 425, § 1.;
§ 504. License fees for residents; additional permits.
(a) Residents shall pay to the Department or its duly authorized agents the following license fees:
(1) $25 for a general hunting license.
(2) $3.50 for a trapping license.
(3) $8.50 for a general fishing license.
(4) $40 for a boat fishing license for a boat 20 feet or less, $50 for a boat fishing license for a boat greater than 20 feet.
(5) $5.00 for junior hunting license for a resident age 13 through 15 with the criteria for issuing the permit established
by the Department pursuant to § 103 of this title.
(6) $100 for a guide license.
(b) During any deer season the Department may issue an additional permit to kill a single deer. The criteria for issuing the
permit shall be established by the Department pursuant to § 103 of this title. The amount charged for each permit shall be
$10.
(c) Vessels for hire shall pay to the Department or its duly authorized agents the following license fees:
(1) $150 for a charter boat, as defined in § 906(69) of this title, license; and
(2) $300 for a head boat, as defined in § 906(70) of this title, license.
27 Del. Laws, c. 152, § 3; Code 1915, § 2413; 40 Del. Laws, c. 191, § 26; Code 1935, § 2885; 45 Del. Laws, c. 215, § 1; 47 Del. Laws, c. 77, § 1; 7 Del. C. 1953, § 504; 53 Del. Laws, c. 421, §§ 1, 2; 57 Del. Laws, c. 41, §§ 1, 2; 57 Del. Laws, c. 739, § 33; 65 Del. Laws, c. 217, § 2; 67 Del. Laws, c. 451, §§ 1, 2; 68 Del. Laws, c. 75; 76 Del. Laws, c. 71, §§ 4, 5; 76 Del. Laws, c. 72, §§ 2-4.;
§ 505. License requirements for members of the armed forces.
Any member of the armed forces of the United States of America, including any National Guard or Reserve component thereof,
serving on full-time active duty in the State of Delaware while not deployed or on temporary duty shall be deemed a resident
of this State for the purpose of obtaining a license to hunt, trap, and fish in this State. Each such application shall be
supported by a written statement signed by the applicant's commanding officer certifying to the applicant's place of station
and full-time active duty status.
27 Del. Laws, c. 152, § 3; Code 1915, § 2413; 40 Del. Laws, c. 191, § 26; Code 1935, § 2885; 48 Del. Laws, c. 155, § 1; 7 Del. C. 1953, § 505; 49 Del. Laws, c. 397; 77 Del. Laws, c. 440, § 1.;
§ 506. License requirements for nonresidents.
(a) Every nonresident, except as otherwise provided in this chapter, shall obtain a general license before hunting, trapping
and/or fishing, claming or crabbing in this State; and every nonresident required to obtain a hunting license who was born
after January 1, 1967, shall have satisfactorily completed not less than 10 hours of instruction, which includes, but is not
limited to, the safe and proficient use of hunting equipment, hunter responsibility, principles of wildlife management, wildlife
identification and, to the degree practical, a live firing experience before such person makes application for a hunting license.
This instruction is to be provided by personnel of the Department or its authorized agents. Proof of completion of authorized
hunter education courses of other states or Canadian provinces shall be accepted and deemed having met the instruction requirement.
(b) Every nonresident required to obtain a trapping license who was born after January 1, 1978, shall have satisfactorily
completed a course in trapping education approved by the Department before such person makes application for a trapping license.
(c) The social security number of the applicant shall be included on the application for any nonresident's license. The information
contained within hunting, fishing and trapping licenses and related databases may not be made available to the public. Government
agencies may use license information for law-enforcement purposes involving fish and wildlife investigations, for research
purposes involving hunting/trapping harvest surveys conducted by Department scientists (excluding Social Security information),
or as otherwise authorized by law.
27 Del. Laws, c. 152, § 1; Code 1915, § 2411; 40 Del. Laws, c. 191, § 24; Code 1935, § 2882; 7 Del. C. 1953, § 506; 65 Del. Laws, c. 217, § 3; 69 Del. Laws, c. 56, § 2; 70 Del. Laws, c. 275, § 17; 74 Del. Laws, c. 6, § 3; 74 Del. Laws, c. 337, § 2; 76 Del. Laws, c. 71, § 6; 77 Del. Laws, c. 425, § 2.;
§ 507. Exceptions to requirement of license for nonresidents.
(a) Nonresidents or aliens who are occupants of farms in this State containing 20 acres or more who are engaged in the science
of husbandry, who actually reside thereon, and the immediate members of the family of such occupants who also reside on said
farm, may hunt, fish or trap on said farms without being licensed hereunder.
(b) Nonresidents other than aliens who are under 13 years of age may hunt without a license in this State when accompanied
by a person who is the lawful holder of a hunting license or has a lawful right to hunt.
(c) Any nonresidents participating in an organized fox hunt are exempt from the licensing requirement of this chapter.
(d) Any nonresident is exempt from the fishing license requirements of this chapter while fishing in a fee fishing operation
that is registered as same with the Department of Agriculture according to Chapter 4 of Title 3. Nonresidents 16 years of
age or older must purchase a nonresident fishing license to fish or take fish, crabs or clams.
(e) A nonresident shall be exempt from the licensing requirement of this chapter while hunting snow geese, provided:
(1) The nonresident resides in another state or Canadian province which extends the same exemption to Delaware residents;
(2) The nonresident is properly licensed, or exempt from the licensing requirement, to hunt snow geese in the state or Canadian
province in which he or she resides;
(3) The nonresident purchases a migratory waterfowl stamp as provided for by § 517 of this title; and
(4) The nonresident complies with the hunter education requirements of § 506(a) of this title.
27 Del. Laws, c. 152, § 1; Code 1915, § 2411; 40 Del. Laws, c. 191, § 24; Code 1935, § 2882; 7 Del. C. 1953, § 507; 50 Del. Laws, c. 640, § 1; 51 Del. Laws, c. 338; 60 Del. Laws, c. 411, § 2; 63 Del. Laws, c. 389, § 10; 69 Del. Laws, c. 103, § 11; 71 Del. Laws, c. 270, § 1; 76 Del. Laws, c. 71, §§ 7, 8; 76 Del. Laws, c. 72, § 5.;
§ 508. License fees for nonresidents.
(a) Nonresidents shall pay to the Department or its duly constituted agents the following license fees:
(1) $130 or once agents can access online reciprocal fees the higher of the 2 for a general hunting license.
(2) $25 for a trapping license.
(3) $20 for a general fishing license.
(4) $12.50 for a 7-day fishing license (good for 7 consecutive days from the date of issuance).
(5) $50 for a small game hunting license good for 3 consecutive days from the date of issue and not valid for hunting deer
or turkeys.
(6) $10 for an additional permit to kill a single antlerless deer.
(7) $25 for a tag to kill a single antlered deer.
(8) $25 for a tag to kill a single quality buck.
(9) Vessels for hire shall pay to the Department or its duly authorized agents the following license fees:
a. $300 for a charter boat, as defined in § 906(69) of this title, license; and
b. $600 for a head boat, as defined in § 906(70) of this title, license.
(10) $40 for a boat fishing license for a boat 20 feet or less, $50 for a boat fishing license for a boat greater than 20
feet.
(11) $50 or once agents can access online reciprocal fees the higher of the 2 for a nonresident junior license.
(12) $300 for a guide license.
(b) The criteria for issuing a permit pursuant to this section shall be established by the Department pursuant to § 103 of
this title.
27 Del. Laws, c. 152, § 1; Code 1915, § 2411; 40 Del. Laws, c. 191, § 24; Code 1935, § 2883; 47 Del. Laws, c. 152, § 1; 48 Del. Laws, c. 217, § 1; 7 Del. C. 1953, § 509; 50 Del. Laws, c. 250, § 1; 50 Del. Laws, c. 259, § 1; 57 Del. Laws, c. 42; 57 Del. Laws, c. 97; 57 Del. Laws, c. 739, § 35; 59 Del. Laws, c. 96, §§ 2, 3; 59 Del. Laws, c. 230, § 1; 61 Del. Laws, c. 120, § 1; 65 Del. Laws, c. 217, § 4; 66 Del. Laws, c. 355, § 1; 70 Del. Laws, c. 27, § 1; 71 Del. Laws, c. 270, § 2; 73 Del. Laws, c. 375, §§ 2-4[1-3]; 76 Del. Laws, c. 71, §§ 9-12; 76 Del. Laws, c. 72, §§ 6-9.;
§ 509. Complimentary licenses.
(a) The Department may issue annually, complimentary hunting and fishing licenses to any of the following:
(1) The President of the United States;
(2) The governor of any state;
(3) Authorized officials of the game and fish departments of other states; and
(4) Authorized officials of the United States Department of the Interior, United States Fish and Wildlife Service, who are
nonresidents of the State.
(b) The complimentary licenses shall not be transferable, shall be issued on such form as the Department designates, and without
the payment of any fee therefor and when so issued shall be valid authority for the holder or holders thereof to hunt and
fish in the State in accordance with the laws of the State. Not more than 50 such complimentary licenses shall be issued in
any 1 calendar year.
(c) The Secretary may also issue letter permits, valid for up to 3 days, to visiting state and federal dignitaries. The number
of outstanding permits shall not exceed 10 at any time.
Code 1935, § 2804A; 45 Del. Laws, c. 216, § 1; 7 Del. C. 1953, § 511; 57 Del. Laws, c. 739, § 36; 59 Del. Laws, c. 110, §§ 1-3; 70 Del. Laws, c. 275, § 18.;
§ 510. Term of license.
(a) All licenses issued by the Division of Fish and Wildlife shall be in lieu of all other charges for such privileges and
shall authorize their legal holder the privilege prescribed thereon only during the fiscal year, and, with the exception of
fishing licenses, such licenses shall be valid only during the periods prescribed on the license.
(b) Fishing licenses shall authorize their legal holder the privilege prescribed thereon only during the calendar year beginning
the 1st day of January and such licenses shall expire on the 31st day of December of the year they are issued.
27 Del. Laws, c. 152, § 4; Code 1915, § 2414; 40 Del. Laws, c. 191, § 27; Code 1935, § 2886; 7 Del. C. 1953, § 512; 50 Del. Laws, c. 235, § 1; 57 Del. Laws, c. 739, § 37; 58 Del. Laws, c. 41, § 1; 73 Del. Laws, c. 375, § 7[6].;
§ 511. Licensing Agents; bond requirement; service charge; regulations.
(a) The Department may authorize as many qualified persons as Licensing Agents as it deems necessary to effectuate the efficient
distribution of the licenses, permits and stamps authorized by subchapter I of this chapter.
(b) Licensing Agents shall be required by the Department to give security by means of a bond in the penal sum of $5,000, conditioned
for the faithful performance of their duties and for the prompt and correct remittance to the Department of the moneys received
from the sale of licenses, permits and stamps.
(c) Licensing Agents may add a service charge to the required fee for a license, permit or stamp, provided the service charge
does not exceed $1.50 for a license, $1.50 for a permit or $1 for a stamp. Such service charges, if imposed, shall be posted
by the Licensing Agent and shall be clearly visible to prospective purchasers.
(d) Notwithstanding subsection (c) of this section, a Licensing Agent offering automated licensing may be authorized by the
Department to add a service charge of up to $4 to the required fee for a license, permit or stamp. License, permit and stamp
applicants, prior to their purchase of licenses, permits and/or stamps through an automated system, shall be notified of the
applicable service charge(s).
(e) The Secretary may adopt, amend, modify or repeal rules and regulations to effectuate the policy and purpose of this section.
(f)(1) Except as otherwise provided by the Constitutions or laws of the United States or of the State, as the same may expressly
require or be interpreted as requiring by a court of competent jurisdiction, no claim or cause of action shall arise, and
no judgment, damages, penalties, costs or other money entitlement shall be awarded or assessed against any person authorized
by the Department as a Licensing Agent in any civil suit or proceeding at law or in equity, or before any administrative tribunal,
where the following elements are present:
a. The act or omission complained of arose out of and in connection with the performance of the Licensing Agent's official
duties set forth in this title or the rules or regulations of the Department;
b. The act or omission complained of was done in good faith and in the belief that the Licensing Agent was acting in accordance
with its official duties set forth in this title or the rules or regulations of the Department; and
c. The act or omission complained of was done without gross or wanton negligence.
(2) The plaintiff shall have the burden of proving the absence of 1 or more of the elements of immunity as set forth in this
subsection.
(3) Nothing in this subsection shall be construed to require the State, the Department, or any agency, office, or instrumentality
of the State to indemnify or to reimburse any Licensing Agent for costs of defending any civil suit or proceeding brought
against the Licensing Agent. Nothing in this subsection shall be construed to require the State, the Department, or any agency,
office, or instrumentality of the State to provide legal representation to any Licensing Agent in any civil suit or proceeding
brought against the Licensing Agent.
26 Del. Laws, c. 162, § 3; 26 Del. Laws, c. 164, § 15; 27 Del. Laws, c. 154; 27 Del. Laws, c. 155, § 3; Code 1915, § 2360; 40 Del. Laws, c. 191, § 3; Code 1935, § 2806; 42 Del. Laws, c. 130, § 1; 7 Del. C. 1953, § 513; 57 Del. Laws, c. 739, § 38; 58 Del. Laws, c. 104; 62 Del. Laws, c. 212, § 1; 71 Del. Laws, c. 443, § 1; 73 Del. Laws, c. 375, § 8[7]; 74 Del. Laws, c. 320, § 1.;
§ 512. Refusal to sell and revocation of license; grounds; notice.
(a) The Department may, except as otherwise provided, revoke any hunting, fishing or trapping license, or any license issued
by it, and deny any person the right to secure such license or to hunt, fish or trap anywhere in this State for a period within
its discretion, but in no case longer than 1 year, if:
(1) The licensee or person has been convicted of violating any game or fish law; or
(2) The licensee or person has been convicted in any court of record of having defaced, mutilated, destroyed or carried away
notices posted by a freeholder, leaseholder or the Department, or personal property or crops of any kind on lands or waters
in which such licensee or person may have been hunting, trapping or fishing; or
(3) The licensee or person has been convicted of an offense involving carelessness in the use of firearms while hunting and
thereby caused injury to any person or to poultry or livestock; or
(4) The licensee or person has been convicted of an offense involving the unlawful setting of forest, marsh or grass fires;
or
(5) It is established to the satisfaction of the Department that the licensee, while hunting with firearms, has been in an
intoxicated condition.
(b) To revoke a license then in force or to deny any person the right to secure a license or to hunt, trap or fish in this
State for any period, the Department shall send a written notice to that effect to the person at his or her address either
by registered mail or by delivery personally by a representative of the Department. The Department shall furnish in writing
to all persons authorized to issue licenses, the names and addresses of all persons whose licenses have been revoked and the
terms for which such licensees or persons have been denied the right to secure licenses or to hunt, trap or fish in this State,
together with any other data the Department deems necessary.
(c) The Department may revoke any hunting or trapping license or any similar licenses issued by it or deny any person the
right to secure such license or to hunt or trap anywhere in this State for a period within its discretion of not less than
3 years nor more than 5 years if the licensee has been convicted of illegally possessing, tending or setting or attempting
to set or tend a killer, body-gripping trap.
(d) The provisions of § 516(g) and § 2216 of Title 13 shall supersede any provisions of this chapter to the contrary with
respect to any matter involving any applicant or licensee under § 516(g) or § 2216 of Title 13. Any provisions hereof to the
contrary notwithstanding, upon receipt of notification from the Family Court pursuant to § 516(g) of Title 13 or notice from
the Director of the Division of Child Support Enforcement pursuant to § 2216 of Title 13 regarding an applicant or licensee,
the Department shall: (i) forthwith deny the issuance or renewal of any license under this chapter, or suspend the same, and
(ii) furnish in writing the name and address of such applicant or licensee to all persons authorized to issue licenses under
this chapter.
Code 1915, § 2371; 40 Del. Laws, c. 191, § 8; Code 1935, § 2817; 7 Del. C. 1953, § 514; 57 Del. Laws, c. 739, § 39; 62 Del. Laws, c. 326, § 2; 70 Del. Laws, c. 186, § 1; 71 Del. Laws, c. 216, § 80.;
§ 513. Display by licensee of tag or button furnished by Department.
Each holder of a license issued by the Department shall always possess on their person said license while hunting, fishing
or trapping, or while serving as a guide, and shall present such license upon request to any person empowered to arrest for
violations of the game and fish laws of this State.
26 Del. Laws, c. 162, § 3; 26 Del. Laws, c. 164, §§ 3, 15; 27 Del. Laws, c. 154; 27 Del. Laws, c. 155, § 3; Code 1915, §§ 2360, 2392; 40 Del. Laws, c. 191, §§ 3, 17; Code 1935, §§ 2806, 2852; 46 Del. Laws, c. 73, § 1; 7 Del. C. 1953, § 515; 57 Del. Laws, c. 739, § 40; 77 Del. Laws, c. 237, § 1.;
§ 514. Tagging metal traps; obtaining tags; violation and penalty.
(a) No person shall set or make use of any kind of a metal trap whatsoever, except for the purpose of taking muskrats, without
having first placed a metallic plate or tag on each trap, bearing in plain English the words "Trapping License, Delaware,"
and in addition thereto the number of the trapping license issued to the owner of the traps and the year of issuance thereof.
(b) The Department shall furnish upon application to any person who has secured a license in this State, or to any person
who is entitled to trap without a license, not more than 25 suitable tags free of charge, and shall furnish upon application,
additional tags at cost. Such tags shall be used only by the person to whom issued and shall not be transferable.
(c) Whoever sets or makes use of a metal trap, except for the purpose of taking muskrats, without having first placed a metallic
plate or tag on each metal trap in accordance with this section, shall be guilty of a class D environmental misdemeanor for
each offense, and in addition thereto shall forfeit to the Department each trap so set or made use of, and such traps shall
be disposed of as the Department directs.
Code 1915, § 2392A; 40 Del. Laws, c. 191, § 18; Code 1935, § 2852; 7 Del. C. 1953, § 516; 57 Del. Laws, c. 739, § 41; 70 Del. Laws, c. 275, § 19.;
§ 515. Possession of protected game or fish by unlicensed nonresident; penalty.
(a) No nonresident or alien shall have any protected game or wildlife in his or her possession who does not hold a hunting,
trapping or fishing license, for game and fish, respectively, for the time during which he or she has protected game or wildlife
in his or her possession unless such game or wildlife has been lawfully killed or caught out of the State and may be lawfully
possessed in this State.
(b) Whoever violates this section shall be guilty of a class B environmental misdemeanor for each offense.
(c) Nothing in this section shall apply:
(1) To a nonresident or alien who is a bona fide freeholder or a bona fide leaseholder and actually resides on a farm in this
State containing at least 20 acres of land and is engaged in the science of husbandry on said farm; or
(2) To the lawful interstate transportation of protected wildlife.
26 Del. Laws, c. 164, § 5; Code 1915, § 2394; 40 Del. Laws, c. 191, § 19; Code 1935, § 2854; 7 Del. C. 1953, § 517; 70 Del. Laws, c. 275, § 20; 70 Del. Laws, c. 186, § 1.;
§ 516. Forgery or alteration of license; obtaining license by misrepresentation; use of license by another; penalties.
Whoever forges or alters any license or misrepresents the facts in order to obtain any license issued by the Department or
use the license of another, or permits such license to be used by another, shall forfeit such license and be guilty of a class
B environmental misdemeanor for each offense. In addition thereto, for altering a license in any way, the person is guilty
of forgery and shall be punished accordingly.
26 Del. Laws, c. 164, § 6; Code 1915, § 2395; 40 Del. Laws, c. 191, § 20; Code 1935, § 2855; 7 Del. C. 1953, § 518; 57 Del. Laws, c. 739, § 42; 70 Del. Laws, c. 275, § 21.;
§ 517. Migratory waterfowl stamp.
(a) As used in this section:
(1) "Migratory waterfowl" means a wild goose, brant or wild duck.
(2) "Division" means the Division of Fish and Wildlife of the Department of Natural Resources and Environmental Control.
(3) "Stamp" means the migratory waterfowl stamp provided for by this section.
(b) Except as otherwise provided herein, no person may hunt or take any migratory waterfowl within this State without first
procuring a migratory waterfowl stamp as provided for by this section. Such stamp must be in the possession of every person
when hunting or taking any migratory waterfowl. Each stamp shall be validated by the signature of the licensee written across
the face of such stamp. Such stamp shall be designed and produced in accordance with Division regulations and shall expire
annually on the same date each year that all hunting licenses expire. Unless otherwise provided in this chapter, any person
who is exempt from payment or charge for a hunting license shall also be exempt from the fee imposed by this section. Any
person who is under the age of 16 years shall be exempt from the requirements of this subsection.
(c) A stamp shall be issued to each hunting license applicant upon written request on the forms furnished by the Division
and payment of a fee of $9, together with any Licensing Agent fees charged in accordance with this chapter.
(d) All funds derived from the issuance of migratory waterfowl stamps shall be deposited by the Division with the State Treasurer
and shall be specifically set aside and earmarked as state duck stamp account to permit separate accountability for the receipt
and expenditure of funds derived from the sale of state duck stamps.
(1) The Division shall contract annually 50 percent of the revenue collected and deposited in the state duck stamp account
with an appropriate nonprofit organization to utilize 50 percent of the revenue collected pursuant to this section for the
development of waterfowl propagation areas in Canada from which come substantial numbers of waterfowl migrating to and through
Delaware. Before paying such revenue to any nonprofit organization developing waterfowl areas, the Division shall obtain evidence
that the project is acceptable to the appropriate agency having a jurisdiction over the lands and waters affected by the project.
(2) The remaining 50 percent of the funds in the state duck stamp account shall be used for the purpose of protection, preserving,
restoring, enhancing and developing waterfowl habitat in Delaware.
(e) The Division is hereby granted the authority to establish, by regulation, the method for selecting appropriate designs
for the migratory waterfowl stamp.
62 Del. Laws, c. 62, § 1; 70 Del. Laws, c. 27, § 2; 70 Del. Laws, c. 275, §§ 22, 24; 71 Del. Laws, c. 270, § 3; 71 Del. Laws, c. 443, § 2; 73 Del. Laws, c. 375, § 5[4].;
§ 518. Hunting or trapping during license revocation.
Whoever hunts or traps during a period when the Department has revoked or denied that person the right to secure a license
to hunt or trap within the State shall be guilty of a class A environmental misdemeanor, and upon conviction, shall be denied
the privilege of hunting or trapping, with or without a license, in the State for a period of 5 years, commencing with the
date of conviction.
62 Del. Laws, c. 326, § 3; 70 Del. Laws, c. 275, §§ 23, 24.;
§ 519. [Reserved.]
§ 520. Free sport fishing days.
The Secretary of the Department of Natural Resources and Environmental Control may designate up to 2 days within National
Fishing Week, which may or may not be consecutive, during each calendar year as "free sport fishing days." On the designated
"free sport fishing days," residents and nonresidents are exempt from the fishing requirements of §§ 501, 505 and 506 of this
title, but are subject to all other statutory and regulatory provisions that pertain to fishing.
69 Del. Laws, c. 26, § 1.;
§ 521. Public lands blind site fee.
Whoever utilizes a blind site on public lands managed by the Division of Fish and Wildlife and included in the Division's
lottery program for the purposes of hunting waterfowl or deer shall pay an annual blind site fee of $20.
76 Del. Laws, c. 72, § 10; 76 Del. Laws, c. 188, § 1.;
Subchapter I. Hunting, Trapping and Fishing Licenses
§ 501. License requirements for residents and instruction for minors.
(a) Every resident of this State, except as otherwise provided in this chapter, shall obtain a general license before hunting,
trapping and/or fishing in this State; and every resident required to obtain a hunting license who was born after January
1, 1967, shall have satisfactorily completed not less than 10 hours of approved instruction, which includes but is not limited
to, the safe and proficient use of hunting equipment, hunter responsibility, principles of wildlife management, wildlife identification
and a hands-on live firing experience by a trained firearms instructor before such person makes application for a hunting
license. Proof of completion of authorized hunter education courses of other states or Canadian provinces shall be accepted
and deemed having met the instruction requirement.
(b) Commencing July 1, 1986, every resident, except as otherwise provided, shall obtain a trapping license before trapping
any animals regulated by this title. Every resident required to obtain a trapping license who was born after January 1, 1978,
shall have satisfactorily completed a course in trapping education approved by the Department before such person makes application
for a trapping license.
27 Del. Laws, c. 152, § 3; Code 1915, § 2413; 40 Del. Laws, c. 191, § 26; Code 1935, § 2885; 47 Del. Laws, c. 77, § 1; 7 Del. C. 1953, § 501; 57 Del. Laws, c. 347; 58 Del. Laws, c. 32; 58 Del. Laws, c. 511, § 9; 65 Del. Laws, c. 217, § 1; 69 Del. Laws, c. 56, § 1; 77 Del. Laws, c. 129, § 1.;
§ 502. Exceptions to requirements for license.
(a) Residents and nonresidents may fish if they are the operator of a vehicle with a surf fishing vehicle permit as long as
the vehicle is located on a designated Delaware state park surf fishing beach without being licensed hereunder.
(b) Residents who own or live upon farms in this State containing 20 or more acres, and the members of their immediate families
who reside on the farm, may hunt, fish and trap on the farm without being licensed hereunder.
(c) Residents under 13 years of age may hunt without a license in this State when accompanied by a person who is the lawful
holder of a hunting license or has a lawful right to hunt.
(d) Any child under the age of 16 years may fish or take fish or crabs or clam from any of the waters under the jurisdiction
of this State without being licensed hereunder. Residents 16 and older but not over 65 years of age must purchase a fishing
license to fish or take fish, crabs or clams.
(e) Residents, 65 years of age or older, are exempted from the licensing requirements of this chapter.
(f) A member of the armed forces of the United States who is a patient in a military hospital may be issued a license to hunt,
trap and fish in this State without charge, upon receipt by the Department of a written statement signed by the applicant's
commanding officer certifying the nature of the applicant's disability and place of station.
(g) Persons who are patients in any Veterans Administration facility in this State, or in any public hospital or sanitarium
for the treatment of tuberculosis, or a patient in a rehabilitation hospital under the State Department of Health, provided
such person carries identification which verifies his or her status as such a patient, shall not be required to purchase a
fishing license. Forms shall be supplied to such persons when they apply for their licenses to be used for the identification
purposes described in this subsection.
(h) Residents living in this State for at least 1 year immediately prior to the date of application for a license who have
been honorably discharged from the armed forces of the United States and certified by the Veterans Administration as having
at least a 60% service-connected disability are exempted from the licensing requirements of this chapter.
(i) Blind persons are exempted from the licensing requirements of this chapter.
(j) Any unarmed residents participating in an organized fox hunt are exempt from the licensing requirements of this chapter.
(k) Any resident is exempt from the fishing license requirements of this chapter while fishing in a fee fishing operation
that is registered as same with the Department of Agriculture according to Chapter 4 of Title 3.
(l) Any resident who has served honorably for 90 or more consecutive days on active duty in the Armed Forces of the United
States, including service as member of the Delaware National Guard, in military actions in Southwest Asia associated with
Operation Iraqi Freedom or Operation Enduring Freedom may, for the first 12 months following the date the resident was honorably
discharged or removed from active status, be issued a license to hunt and/or fish in this State without charge.
27 Del. Laws, c. 152, § 3; Code 1915, §§ 2371, 2413; 40 Del. Laws, c. 191, §§ 8, 26; 40 Del. Laws, c. 199, §§ 1-3; Code 1935, §§ 2817, 2852, 2885; 7 Del. C. 1953, § 502; 55 Del. Laws, c. 444; 57 Del. Laws, c. 77; 57 Del. Laws, c. 399, §§ 1-4; 57 Del. Laws, c. 422; 60 Del. Laws, c. 411, § 1; 63 Del. Laws, c. 389, § 9; 69 Del. Laws, c. 103, § 10; 70 Del. Laws, c. 186, § 1; 74 Del. Laws, c. 291, § 1; 76 Del. Laws, c. 71, §§ 1-3; 76 Del. Laws, c. 72, § 1.;
§ 503. Application for resident's license; proof of residence.
Each applicant for a resident's license shall present reasonable proof to the Department or its duly authorized agent that
he or she is a bona fide resident of this State. The social security number of the applicant shall be included on the application
for any resident's license. The information contained within hunting, fishing and trapping licenses and related databases
may not be made available to the public. Government agencies may use license information for law-enforcement purposes involving
fish and wildlife investigations, for research purposes involving hunting/trapping harvest surveys conducted by Department
scientists (excluding Social Security information), or as otherwise authorized by law.
27 Del. Laws, c. 152, § 3; Code 1915, § 2413; 40 Del. Laws, c. 191, § 26; Code 1935, § 2885; 7 Del. C. 1953, § 503; 57 Del. Laws, c. 739, § 32; 59 Del. Laws, c. 96, § 5; 74 Del. Laws, c. 6, § 2; 74 Del. Laws, c. 337, § 1; 77 Del. Laws, c. 425, § 1.;
§ 504. License fees for residents; additional permits.
(a) Residents shall pay to the Department or its duly authorized agents the following license fees:
(1) $25 for a general hunting license.
(2) $3.50 for a trapping license.
(3) $8.50 for a general fishing license.
(4) $40 for a boat fishing license for a boat 20 feet or less, $50 for a boat fishing license for a boat greater than 20 feet.
(5) $5.00 for junior hunting license for a resident age 13 through 15 with the criteria for issuing the permit established
by the Department pursuant to § 103 of this title.
(6) $100 for a guide license.
(b) During any deer season the Department may issue an additional permit to kill a single deer. The criteria for issuing the
permit shall be established by the Department pursuant to § 103 of this title. The amount charged for each permit shall be
$10.
(c) Vessels for hire shall pay to the Department or its duly authorized agents the following license fees:
(1) $150 for a charter boat, as defined in § 906(69) of this title, license; and
(2) $300 for a head boat, as defined in § 906(70) of this title, license.
27 Del. Laws, c. 152, § 3; Code 1915, § 2413; 40 Del. Laws, c. 191, § 26; Code 1935, § 2885; 45 Del. Laws, c. 215, § 1; 47 Del. Laws, c. 77, § 1; 7 Del. C. 1953, § 504; 53 Del. Laws, c. 421, §§ 1, 2; 57 Del. Laws, c. 41, §§ 1, 2; 57 Del. Laws, c. 739, § 33; 65 Del. Laws, c. 217, § 2; 67 Del. Laws, c. 451, §§ 1, 2; 68 Del. Laws, c. 75; 76 Del. Laws, c. 71, §§ 4, 5; 76 Del. Laws, c. 72, §§ 2-4.;
§ 505. License requirements for members of the armed forces.
Any member of the armed forces of the United States of America, including any National Guard or Reserve component thereof,
serving on full-time active duty in the State of Delaware while not deployed or on temporary duty shall be deemed a resident
of this State for the purpose of obtaining a license to hunt, trap, and fish in this State. Each such application shall be
supported by a written statement signed by the applicant's commanding officer certifying to the applicant's place of station
and full-time active duty status.
27 Del. Laws, c. 152, § 3; Code 1915, § 2413; 40 Del. Laws, c. 191, § 26; Code 1935, § 2885; 48 Del. Laws, c. 155, § 1; 7 Del. C. 1953, § 505; 49 Del. Laws, c. 397; 77 Del. Laws, c. 440, § 1.;
§ 506. License requirements for nonresidents.
(a) Every nonresident, except as otherwise provided in this chapter, shall obtain a general license before hunting, trapping
and/or fishing, claming or crabbing in this State; and every nonresident required to obtain a hunting license who was born
after January 1, 1967, shall have satisfactorily completed not less than 10 hours of instruction, which includes, but is not
limited to, the safe and proficient use of hunting equipment, hunter responsibility, principles of wildlife management, wildlife
identification and, to the degree practical, a live firing experience before such person makes application for a hunting license.
This instruction is to be provided by personnel of the Department or its authorized agents. Proof of completion of authorized
hunter education courses of other states or Canadian provinces shall be accepted and deemed having met the instruction requirement.
(b) Every nonresident required to obtain a trapping license who was born after January 1, 1978, shall have satisfactorily
completed a course in trapping education approved by the Department before such person makes application for a trapping license.
(c) The social security number of the applicant shall be included on the application for any nonresident's license. The information
contained within hunting, fishing and trapping licenses and related databases may not be made available to the public. Government
agencies may use license information for law-enforcement purposes involving fish and wildlife investigations, for research
purposes involving hunting/trapping harvest surveys conducted by Department scientists (excluding Social Security information),
or as otherwise authorized by law.
27 Del. Laws, c. 152, § 1; Code 1915, § 2411; 40 Del. Laws, c. 191, § 24; Code 1935, § 2882; 7 Del. C. 1953, § 506; 65 Del. Laws, c. 217, § 3; 69 Del. Laws, c. 56, § 2; 70 Del. Laws, c. 275, § 17; 74 Del. Laws, c. 6, § 3; 74 Del. Laws, c. 337, § 2; 76 Del. Laws, c. 71, § 6; 77 Del. Laws, c. 425, § 2.;
§ 507. Exceptions to requirement of license for nonresidents.
(a) Nonresidents or aliens who are occupants of farms in this State containing 20 acres or more who are engaged in the science
of husbandry, who actually reside thereon, and the immediate members of the family of such occupants who also reside on said
farm, may hunt, fish or trap on said farms without being licensed hereunder.
(b) Nonresidents other than aliens who are under 13 years of age may hunt without a license in this State when accompanied
by a person who is the lawful holder of a hunting license or has a lawful right to hunt.
(c) Any nonresidents participating in an organized fox hunt are exempt from the licensing requirement of this chapter.
(d) Any nonresident is exempt from the fishing license requirements of this chapter while fishing in a fee fishing operation
that is registered as same with the Department of Agriculture according to Chapter 4 of Title 3. Nonresidents 16 years of
age or older must purchase a nonresident fishing license to fish or take fish, crabs or clams.
(e) A nonresident shall be exempt from the licensing requirement of this chapter while hunting snow geese, provided:
(1) The nonresident resides in another state or Canadian province which extends the same exemption to Delaware residents;
(2) The nonresident is properly licensed, or exempt from the licensing requirement, to hunt snow geese in the state or Canadian
province in which he or she resides;
(3) The nonresident purchases a migratory waterfowl stamp as provided for by § 517 of this title; and
(4) The nonresident complies with the hunter education requirements of § 506(a) of this title.
27 Del. Laws, c. 152, § 1; Code 1915, § 2411; 40 Del. Laws, c. 191, § 24; Code 1935, § 2882; 7 Del. C. 1953, § 507; 50 Del. Laws, c. 640, § 1; 51 Del. Laws, c. 338; 60 Del. Laws, c. 411, § 2; 63 Del. Laws, c. 389, § 10; 69 Del. Laws, c. 103, § 11; 71 Del. Laws, c. 270, § 1; 76 Del. Laws, c. 71, §§ 7, 8; 76 Del. Laws, c. 72, § 5.;
§ 508. License fees for nonresidents.
(a) Nonresidents shall pay to the Department or its duly constituted agents the following license fees:
(1) $130 or once agents can access online reciprocal fees the higher of the 2 for a general hunting license.
(2) $25 for a trapping license.
(3) $20 for a general fishing license.
(4) $12.50 for a 7-day fishing license (good for 7 consecutive days from the date of issuance).
(5) $50 for a small game hunting license good for 3 consecutive days from the date of issue and not valid for hunting deer
or turkeys.
(6) $10 for an additional permit to kill a single antlerless deer.
(7) $25 for a tag to kill a single antlered deer.
(8) $25 for a tag to kill a single quality buck.
(9) Vessels for hire shall pay to the Department or its duly authorized agents the following license fees:
a. $300 for a charter boat, as defined in § 906(69) of this title, license; and
b. $600 for a head boat, as defined in § 906(70) of this title, license.
(10) $40 for a boat fishing license for a boat 20 feet or less, $50 for a boat fishing license for a boat greater than 20
feet.
(11) $50 or once agents can access online reciprocal fees the higher of the 2 for a nonresident junior license.
(12) $300 for a guide license.
(b) The criteria for issuing a permit pursuant to this section shall be established by the Department pursuant to § 103 of
this title.
27 Del. Laws, c. 152, § 1; Code 1915, § 2411; 40 Del. Laws, c. 191, § 24; Code 1935, § 2883; 47 Del. Laws, c. 152, § 1; 48 Del. Laws, c. 217, § 1; 7 Del. C. 1953, § 509; 50 Del. Laws, c. 250, § 1; 50 Del. Laws, c. 259, § 1; 57 Del. Laws, c. 42; 57 Del. Laws, c. 97; 57 Del. Laws, c. 739, § 35; 59 Del. Laws, c. 96, §§ 2, 3; 59 Del. Laws, c. 230, § 1; 61 Del. Laws, c. 120, § 1; 65 Del. Laws, c. 217, § 4; 66 Del. Laws, c. 355, § 1; 70 Del. Laws, c. 27, § 1; 71 Del. Laws, c. 270, § 2; 73 Del. Laws, c. 375, §§ 2-4[1-3]; 76 Del. Laws, c. 71, §§ 9-12; 76 Del. Laws, c. 72, §§ 6-9.;
§ 509. Complimentary licenses.
(a) The Department may issue annually, complimentary hunting and fishing licenses to any of the following:
(1) The President of the United States;
(2) The governor of any state;
(3) Authorized officials of the game and fish departments of other states; and
(4) Authorized officials of the United States Department of the Interior, United States Fish and Wildlife Service, who are
nonresidents of the State.
(b) The complimentary licenses shall not be transferable, shall be issued on such form as the Department designates, and without
the payment of any fee therefor and when so issued shall be valid authority for the holder or holders thereof to hunt and
fish in the State in accordance with the laws of the State. Not more than 50 such complimentary licenses shall be issued in
any 1 calendar year.
(c) The Secretary may also issue letter permits, valid for up to 3 days, to visiting state and federal dignitaries. The number
of outstanding permits shall not exceed 10 at any time.
Code 1935, § 2804A; 45 Del. Laws, c. 216, § 1; 7 Del. C. 1953, § 511; 57 Del. Laws, c. 739, § 36; 59 Del. Laws, c. 110, §§ 1-3; 70 Del. Laws, c. 275, § 18.;
§ 510. Term of license.
(a) All licenses issued by the Division of Fish and Wildlife shall be in lieu of all other charges for such privileges and
shall authorize their legal holder the privilege prescribed thereon only during the fiscal year, and, with the exception of
fishing licenses, such licenses shall be valid only during the periods prescribed on the license.
(b) Fishing licenses shall authorize their legal holder the privilege prescribed thereon only during the calendar year beginning
the 1st day of January and such licenses shall expire on the 31st day of December of the year they are issued.
27 Del. Laws, c. 152, § 4; Code 1915, § 2414; 40 Del. Laws, c. 191, § 27; Code 1935, § 2886; 7 Del. C. 1953, § 512; 50 Del. Laws, c. 235, § 1; 57 Del. Laws, c. 739, § 37; 58 Del. Laws, c. 41, § 1; 73 Del. Laws, c. 375, § 7[6].;
§ 511. Licensing Agents; bond requirement; service charge; regulations.
(a) The Department may authorize as many qualified persons as Licensing Agents as it deems necessary to effectuate the efficient
distribution of the licenses, permits and stamps authorized by subchapter I of this chapter.
(b) Licensing Agents shall be required by the Department to give security by means of a bond in the penal sum of $5,000, conditioned
for the faithful performance of their duties and for the prompt and correct remittance to the Department of the moneys received
from the sale of licenses, permits and stamps.
(c) Licensing Agents may add a service charge to the required fee for a license, permit or stamp, provided the service charge
does not exceed $1.50 for a license, $1.50 for a permit or $1 for a stamp. Such service charges, if imposed, shall be posted
by the Licensing Agent and shall be clearly visible to prospective purchasers.
(d) Notwithstanding subsection (c) of this section, a Licensing Agent offering automated licensing may be authorized by the
Department to add a service charge of up to $4 to the required fee for a license, permit or stamp. License, permit and stamp
applicants, prior to their purchase of licenses, permits and/or stamps through an automated system, shall be notified of the
applicable service charge(s).
(e) The Secretary may adopt, amend, modify or repeal rules and regulations to effectuate the policy and purpose of this section.
(f)(1) Except as otherwise provided by the Constitutions or laws of the United States or of the State, as the same may expressly
require or be interpreted as requiring by a court of competent jurisdiction, no claim or cause of action shall arise, and
no judgment, damages, penalties, costs or other money entitlement shall be awarded or assessed against any person authorized
by the Department as a Licensing Agent in any civil suit or proceeding at law or in equity, or before any administrative tribunal,
where the following elements are present:
a. The act or omission complained of arose out of and in connection with the performance of the Licensing Agent's official
duties set forth in this title or the rules or regulations of the Department;
b. The act or omission complained of was done in good faith and in the belief that the Licensing Agent was acting in accordance
with its official duties set forth in this title or the rules or regulations of the Department; and
c. The act or omission complained of was done without gross or wanton negligence.
(2) The plaintiff shall have the burden of proving the absence of 1 or more of the elements of immunity as set forth in this
subsection.
(3) Nothing in this subsection shall be construed to require the State, the Department, or any agency, office, or instrumentality
of the State to indemnify or to reimburse any Licensing Agent for costs of defending any civil suit or proceeding brought
against the Licensing Agent. Nothing in this subsection shall be construed to require the State, the Department, or any agency,
office, or instrumentality of the State to provide legal representation to any Licensing Agent in any civil suit or proceeding
brought against the Licensing Agent.
26 Del. Laws, c. 162, § 3; 26 Del. Laws, c. 164, § 15; 27 Del. Laws, c. 154; 27 Del. Laws, c. 155, § 3; Code 1915, § 2360; 40 Del. Laws, c. 191, § 3; Code 1935, § 2806; 42 Del. Laws, c. 130, § 1; 7 Del. C. 1953, § 513; 57 Del. Laws, c. 739, § 38; 58 Del. Laws, c. 104; 62 Del. Laws, c. 212, § 1; 71 Del. Laws, c. 443, § 1; 73 Del. Laws, c. 375, § 8[7]; 74 Del. Laws, c. 320, § 1.;
§ 512. Refusal to sell and revocation of license; grounds; notice.
(a) The Department may, except as otherwise provided, revoke any hunting, fishing or trapping license, or any license issued
by it, and deny any person the right to secure such license or to hunt, fish or trap anywhere in this State for a period within
its discretion, but in no case longer than 1 year, if:
(1) The licensee or person has been convicted of violating any game or fish law; or
(2) The licensee or person has been convicted in any court of record of having defaced, mutilated, destroyed or carried away
notices posted by a freeholder, leaseholder or the Department, or personal property or crops of any kind on lands or waters
in which such licensee or person may have been hunting, trapping or fishing; or
(3) The licensee or person has been convicted of an offense involving carelessness in the use of firearms while hunting and
thereby caused injury to any person or to poultry or livestock; or
(4) The licensee or person has been convicted of an offense involving the unlawful setting of forest, marsh or grass fires;
or
(5) It is established to the satisfaction of the Department that the licensee, while hunting with firearms, has been in an
intoxicated condition.
(b) To revoke a license then in force or to deny any person the right to secure a license or to hunt, trap or fish in this
State for any period, the Department shall send a written notice to that effect to the person at his or her address either
by registered mail or by delivery personally by a representative of the Department. The Department shall furnish in writing
to all persons authorized to issue licenses, the names and addresses of all persons whose licenses have been revoked and the
terms for which such licensees or persons have been denied the right to secure licenses or to hunt, trap or fish in this State,
together with any other data the Department deems necessary.
(c) The Department may revoke any hunting or trapping license or any similar licenses issued by it or deny any person the
right to secure such license or to hunt or trap anywhere in this State for a period within its discretion of not less than
3 years nor more than 5 years if the licensee has been convicted of illegally possessing, tending or setting or attempting
to set or tend a killer, body-gripping trap.
(d) The provisions of § 516(g) and § 2216 of Title 13 shall supersede any provisions of this chapter to the contrary with
respect to any matter involving any applicant or licensee under § 516(g) or § 2216 of Title 13. Any provisions hereof to the
contrary notwithstanding, upon receipt of notification from the Family Court pursuant to § 516(g) of Title 13 or notice from
the Director of the Division of Child Support Enforcement pursuant to § 2216 of Title 13 regarding an applicant or licensee,
the Department shall: (i) forthwith deny the issuance or renewal of any license under this chapter, or suspend the same, and
(ii) furnish in writing the name and address of such applicant or licensee to all persons authorized to issue licenses under
this chapter.
Code 1915, § 2371; 40 Del. Laws, c. 191, § 8; Code 1935, § 2817; 7 Del. C. 1953, § 514; 57 Del. Laws, c. 739, § 39; 62 Del. Laws, c. 326, § 2; 70 Del. Laws, c. 186, § 1; 71 Del. Laws, c. 216, § 80.;
§ 513. Display by licensee of tag or button furnished by Department.
Each holder of a license issued by the Department shall always possess on their person said license while hunting, fishing
or trapping, or while serving as a guide, and shall present such license upon request to any person empowered to arrest for
violations of the game and fish laws of this State.
26 Del. Laws, c. 162, § 3; 26 Del. Laws, c. 164, §§ 3, 15; 27 Del. Laws, c. 154; 27 Del. Laws, c. 155, § 3; Code 1915, §§ 2360, 2392; 40 Del. Laws, c. 191, §§ 3, 17; Code 1935, §§ 2806, 2852; 46 Del. Laws, c. 73, § 1; 7 Del. C. 1953, § 515; 57 Del. Laws, c. 739, § 40; 77 Del. Laws, c. 237, § 1.;
§ 514. Tagging metal traps; obtaining tags; violation and penalty.
(a) No person shall set or make use of any kind of a metal trap whatsoever, except for the purpose of taking muskrats, without
having first placed a metallic plate or tag on each trap, bearing in plain English the words "Trapping License, Delaware,"
and in addition thereto the number of the trapping license issued to the owner of the traps and the year of issuance thereof.
(b) The Department shall furnish upon application to any person who has secured a license in this State, or to any person
who is entitled to trap without a license, not more than 25 suitable tags free of charge, and shall furnish upon application,
additional tags at cost. Such tags shall be used only by the person to whom issued and shall not be transferable.
(c) Whoever sets or makes use of a metal trap, except for the purpose of taking muskrats, without having first placed a metallic
plate or tag on each metal trap in accordance with this section, shall be guilty of a class D environmental misdemeanor for
each offense, and in addition thereto shall forfeit to the Department each trap so set or made use of, and such traps shall
be disposed of as the Department directs.
Code 1915, § 2392A; 40 Del. Laws, c. 191, § 18; Code 1935, § 2852; 7 Del. C. 1953, § 516; 57 Del. Laws, c. 739, § 41; 70 Del. Laws, c. 275, § 19.;
§ 515. Possession of protected game or fish by unlicensed nonresident; penalty.
(a) No nonresident or alien shall have any protected game or wildlife in his or her possession who does not hold a hunting,
trapping or fishing license, for game and fish, respectively, for the time during which he or she has protected game or wildlife
in his or her possession unless such game or wildlife has been lawfully killed or caught out of the State and may be lawfully
possessed in this State.
(b) Whoever violates this section shall be guilty of a class B environmental misdemeanor for each offense.
(c) Nothing in this section shall apply:
(1) To a nonresident or alien who is a bona fide freeholder or a bona fide leaseholder and actually resides on a farm in this
State containing at least 20 acres of land and is engaged in the science of husbandry on said farm; or
(2) To the lawful interstate transportation of protected wildlife.
26 Del. Laws, c. 164, § 5; Code 1915, § 2394; 40 Del. Laws, c. 191, § 19; Code 1935, § 2854; 7 Del. C. 1953, § 517; 70 Del. Laws, c. 275, § 20; 70 Del. Laws, c. 186, § 1.;
§ 516. Forgery or alteration of license; obtaining license by misrepresentation; use of license by another; penalties.
Whoever forges or alters any license or misrepresents the facts in order to obtain any license issued by the Department or
use the license of another, or permits such license to be used by another, shall forfeit such license and be guilty of a class
B environmental misdemeanor for each offense. In addition thereto, for altering a license in any way, the person is guilty
of forgery and shall be punished accordingly.
26 Del. Laws, c. 164, § 6; Code 1915, § 2395; 40 Del. Laws, c. 191, § 20; Code 1935, § 2855; 7 Del. C. 1953, § 518; 57 Del. Laws, c. 739, § 42; 70 Del. Laws, c. 275, § 21.;
§ 517. Migratory waterfowl stamp.
(a) As used in this section:
(1) "Migratory waterfowl" means a wild goose, brant or wild duck.
(2) "Division" means the Division of Fish and Wildlife of the Department of Natural Resources and Environmental Control.
(3) "Stamp" means the migratory waterfowl stamp provided for by this section.
(b) Except as otherwise provided herein, no person may hunt or take any migratory waterfowl within this State without first
procuring a migratory waterfowl stamp as provided for by this section. Such stamp must be in the possession of every person
when hunting or taking any migratory waterfowl. Each stamp shall be validated by the signature of the licensee written across
the face of such stamp. Such stamp shall be designed and produced in accordance with Division regulations and shall expire
annually on the same date each year that all hunting licenses expire. Unless otherwise provided in this chapter, any person
who is exempt from payment or charge for a hunting license shall also be exempt from the fee imposed by this section. Any
person who is under the age of 16 years shall be exempt from the requirements of this subsection.
(c) A stamp shall be issued to each hunting license applicant upon written request on the forms furnished by the Division
and payment of a fee of $9, together with any Licensing Agent fees charged in accordance with this chapter.
(d) All funds derived from the issuance of migratory waterfowl stamps shall be deposited by the Division with the State Treasurer
and shall be specifically set aside and earmarked as state duck stamp account to permit separate accountability for the receipt
and expenditure of funds derived from the sale of state duck stamps.
(1) The Division shall contract annually 50 percent of the revenue collected and deposited in the state duck stamp account
with an appropriate nonprofit organization to utilize 50 percent of the revenue collected pursuant to this section for the
development of waterfowl propagation areas in Canada from which come substantial numbers of waterfowl migrating to and through
Delaware. Before paying such revenue to any nonprofit organization developing waterfowl areas, the Division shall obtain evidence
that the project is acceptable to the appropriate agency having a jurisdiction over the lands and waters affected by the project.
(2) The remaining 50 percent of the funds in the state duck stamp account shall be used for the purpose of protection, preserving,
restoring, enhancing and developing waterfowl habitat in Delaware.
(e) The Division is hereby granted the authority to establish, by regulation, the method for selecting appropriate designs
for the migratory waterfowl stamp.
62 Del. Laws, c. 62, § 1; 70 Del. Laws, c. 27, § 2; 70 Del. Laws, c. 275, §§ 22, 24; 71 Del. Laws, c. 270, § 3; 71 Del. Laws, c. 443, § 2; 73 Del. Laws, c. 375, § 5[4].;
§ 518. Hunting or trapping during license revocation.
Whoever hunts or traps during a period when the Department has revoked or denied that person the right to secure a license
to hunt or trap within the State shall be guilty of a class A environmental misdemeanor, and upon conviction, shall be denied
the privilege of hunting or trapping, with or without a license, in the State for a period of 5 years, commencing with the
date of conviction.
62 Del. Laws, c. 326, § 3; 70 Del. Laws, c. 275, §§ 23, 24.;
§ 519. [Reserved.]
§ 520. Free sport fishing days.
The Secretary of the Department of Natural Resources and Environmental Control may designate up to 2 days within National
Fishing Week, which may or may not be consecutive, during each calendar year as "free sport fishing days." On the designated
"free sport fishing days," residents and nonresidents are exempt from the fishing requirements of §§ 501, 505 and 506 of this
title, but are subject to all other statutory and regulatory provisions that pertain to fishing.
69 Del. Laws, c. 26, § 1.;
§ 521. Public lands blind site fee.
Whoever utilizes a blind site on public lands managed by the Division of Fish and Wildlife and included in the Division's
lottery program for the purposes of hunting waterfowl or deer shall pay an annual blind site fee of $20.
76 Del. Laws, c. 72, § 10; 76 Del. Laws, c. 188, § 1.;
Subchapter I. Hunting, Trapping and Fishing Licenses
§ 501. License requirements for residents and instruction for minors.
(a) Every resident of this State, except as otherwise provided in this chapter, shall obtain a general license before hunting,
trapping and/or fishing in this State; and every resident required to obtain a hunting license who was born after January
1, 1967, shall have satisfactorily completed not less than 10 hours of approved instruction, which includes but is not limited
to, the safe and proficient use of hunting equipment, hunter responsibility, principles of wildlife management, wildlife identification
and a hands-on live firing experience by a trained firearms instructor before such person makes application for a hunting
license. Proof of completion of authorized hunter education courses of other states or Canadian provinces shall be accepted
and deemed having met the instruction requirement.
(b) Commencing July 1, 1986, every resident, except as otherwise provided, shall obtain a trapping license before trapping
any animals regulated by this title. Every resident required to obtain a trapping license who was born after January 1, 1978,
shall have satisfactorily completed a course in trapping education approved by the Department before such person makes application
for a trapping license.
27 Del. Laws, c. 152, § 3; Code 1915, § 2413; 40 Del. Laws, c. 191, § 26; Code 1935, § 2885; 47 Del. Laws, c. 77, § 1; 7 Del. C. 1953, § 501; 57 Del. Laws, c. 347; 58 Del. Laws, c. 32; 58 Del. Laws, c. 511, § 9; 65 Del. Laws, c. 217, § 1; 69 Del. Laws, c. 56, § 1; 77 Del. Laws, c. 129, § 1.;
§ 502. Exceptions to requirements for license.
(a) Residents and nonresidents may fish if they are the operator of a vehicle with a surf fishing vehicle permit as long as
the vehicle is located on a designated Delaware state park surf fishing beach without being licensed hereunder.
(b) Residents who own or live upon farms in this State containing 20 or more acres, and the members of their immediate families
who reside on the farm, may hunt, fish and trap on the farm without being licensed hereunder.
(c) Residents under 13 years of age may hunt without a license in this State when accompanied by a person who is the lawful
holder of a hunting license or has a lawful right to hunt.
(d) Any child under the age of 16 years may fish or take fish or crabs or clam from any of the waters under the jurisdiction
of this State without being licensed hereunder. Residents 16 and older but not over 65 years of age must purchase a fishing
license to fish or take fish, crabs or clams.
(e) Residents, 65 years of age or older, are exempted from the licensing requirements of this chapter.
(f) A member of the armed forces of the United States who is a patient in a military hospital may be issued a license to hunt,
trap and fish in this State without charge, upon receipt by the Department of a written statement signed by the applicant's
commanding officer certifying the nature of the applicant's disability and place of station.
(g) Persons who are patients in any Veterans Administration facility in this State, or in any public hospital or sanitarium
for the treatment of tuberculosis, or a patient in a rehabilitation hospital under the State Department of Health, provided
such person carries identification which verifies his or her status as such a patient, shall not be required to purchase a
fishing license. Forms shall be supplied to such persons when they apply for their licenses to be used for the identification
purposes described in this subsection.
(h) Residents living in this State for at least 1 year immediately prior to the date of application for a license who have
been honorably discharged from the armed forces of the United States and certified by the Veterans Administration as having
at least a 60% service-connected disability are exempted from the licensing requirements of this chapter.
(i) Blind persons are exempted from the licensing requirements of this chapter.
(j) Any unarmed residents participating in an organized fox hunt are exempt from the licensing requirements of this chapter.
(k) Any resident is exempt from the fishing license requirements of this chapter while fishing in a fee fishing operation
that is registered as same with the Department of Agriculture according to Chapter 4 of Title 3.
(l) Any resident who has served honorably for 90 or more consecutive days on active duty in the Armed Forces of the United
States, including service as member of the Delaware National Guard, in military actions in Southwest Asia associated with
Operation Iraqi Freedom or Operation Enduring Freedom may, for the first 12 months following the date the resident was honorably
discharged or removed from active status, be issued a license to hunt and/or fish in this State without charge.
27 Del. Laws, c. 152, § 3; Code 1915, §§ 2371, 2413; 40 Del. Laws, c. 191, §§ 8, 26; 40 Del. Laws, c. 199, §§ 1-3; Code 1935, §§ 2817, 2852, 2885; 7 Del. C. 1953, § 502; 55 Del. Laws, c. 444; 57 Del. Laws, c. 77; 57 Del. Laws, c. 399, §§ 1-4; 57 Del. Laws, c. 422; 60 Del. Laws, c. 411, § 1; 63 Del. Laws, c. 389, § 9; 69 Del. Laws, c. 103, § 10; 70 Del. Laws, c. 186, § 1; 74 Del. Laws, c. 291, § 1; 76 Del. Laws, c. 71, §§ 1-3; 76 Del. Laws, c. 72, § 1.;
§ 503. Application for resident's license; proof of residence.
Each applicant for a resident's license shall present reasonable proof to the Department or its duly authorized agent that
he or she is a bona fide resident of this State. The social security number of the applicant shall be included on the application
for any resident's license. The information contained within hunting, fishing and trapping licenses and related databases
may not be made available to the public. Government agencies may use license information for law-enforcement purposes involving
fish and wildlife investigations, for research purposes involving hunting/trapping harvest surveys conducted by Department
scientists (excluding Social Security information), or as otherwise authorized by law.
27 Del. Laws, c. 152, § 3; Code 1915, § 2413; 40 Del. Laws, c. 191, § 26; Code 1935, § 2885; 7 Del. C. 1953, § 503; 57 Del. Laws, c. 739, § 32; 59 Del. Laws, c. 96, § 5; 74 Del. Laws, c. 6, § 2; 74 Del. Laws, c. 337, § 1; 77 Del. Laws, c. 425, § 1.;
§ 504. License fees for residents; additional permits.
(a) Residents shall pay to the Department or its duly authorized agents the following license fees:
(1) $25 for a general hunting license.
(2) $3.50 for a trapping license.
(3) $8.50 for a general fishing license.
(4) $40 for a boat fishing license for a boat 20 feet or less, $50 for a boat fishing license for a boat greater than 20 feet.
(5) $5.00 for junior hunting license for a resident age 13 through 15 with the criteria for issuing the permit established
by the Department pursuant to § 103 of this title.
(6) $100 for a guide license.
(b) During any deer season the Department may issue an additional permit to kill a single deer. The criteria for issuing the
permit shall be established by the Department pursuant to § 103 of this title. The amount charged for each permit shall be
$10.
(c) Vessels for hire shall pay to the Department or its duly authorized agents the following license fees:
(1) $150 for a charter boat, as defined in § 906(69) of this title, license; and
(2) $300 for a head boat, as defined in § 906(70) of this title, license.
27 Del. Laws, c. 152, § 3; Code 1915, § 2413; 40 Del. Laws, c. 191, § 26; Code 1935, § 2885; 45 Del. Laws, c. 215, § 1; 47 Del. Laws, c. 77, § 1; 7 Del. C. 1953, § 504; 53 Del. Laws, c. 421, §§ 1, 2; 57 Del. Laws, c. 41, §§ 1, 2; 57 Del. Laws, c. 739, § 33; 65 Del. Laws, c. 217, § 2; 67 Del. Laws, c. 451, §§ 1, 2; 68 Del. Laws, c. 75; 76 Del. Laws, c. 71, §§ 4, 5; 76 Del. Laws, c. 72, §§ 2-4.;
§ 505. License requirements for members of the armed forces.
Any member of the armed forces of the United States of America, including any National Guard or Reserve component thereof,
serving on full-time active duty in the State of Delaware while not deployed or on temporary duty shall be deemed a resident
of this State for the purpose of obtaining a license to hunt, trap, and fish in this State. Each such application shall be
supported by a written statement signed by the applicant's commanding officer certifying to the applicant's place of station
and full-time active duty status.
27 Del. Laws, c. 152, § 3; Code 1915, § 2413; 40 Del. Laws, c. 191, § 26; Code 1935, § 2885; 48 Del. Laws, c. 155, § 1; 7 Del. C. 1953, § 505; 49 Del. Laws, c. 397; 77 Del. Laws, c. 440, § 1.;
§ 506. License requirements for nonresidents.
(a) Every nonresident, except as otherwise provided in this chapter, shall obtain a general license before hunting, trapping
and/or fishing, claming or crabbing in this State; and every nonresident required to obtain a hunting license who was born
after January 1, 1967, shall have satisfactorily completed not less than 10 hours of instruction, which includes, but is not
limited to, the safe and proficient use of hunting equipment, hunter responsibility, principles of wildlife management, wildlife
identification and, to the degree practical, a live firing experience before such person makes application for a hunting license.
This instruction is to be provided by personnel of the Department or its authorized agents. Proof of completion of authorized
hunter education courses of other states or Canadian provinces shall be accepted and deemed having met the instruction requirement.
(b) Every nonresident required to obtain a trapping license who was born after January 1, 1978, shall have satisfactorily
completed a course in trapping education approved by the Department before such person makes application for a trapping license.
(c) The social security number of the applicant shall be included on the application for any nonresident's license. The information
contained within hunting, fishing and trapping licenses and related databases may not be made available to the public. Government
agencies may use license information for law-enforcement purposes involving fish and wildlife investigations, for research
purposes involving hunting/trapping harvest surveys conducted by Department scientists (excluding Social Security information),
or as otherwise authorized by law.
27 Del. Laws, c. 152, § 1; Code 1915, § 2411; 40 Del. Laws, c. 191, § 24; Code 1935, § 2882; 7 Del. C. 1953, § 506; 65 Del. Laws, c. 217, § 3; 69 Del. Laws, c. 56, § 2; 70 Del. Laws, c. 275, § 17; 74 Del. Laws, c. 6, § 3; 74 Del. Laws, c. 337, § 2; 76 Del. Laws, c. 71, § 6; 77 Del. Laws, c. 425, § 2.;
§ 507. Exceptions to requirement of license for nonresidents.
(a) Nonresidents or aliens who are occupants of farms in this State containing 20 acres or more who are engaged in the science
of husbandry, who actually reside thereon, and the immediate members of the family of such occupants who also reside on said
farm, may hunt, fish or trap on said farms without being licensed hereunder.
(b) Nonresidents other than aliens who are under 13 years of age may hunt without a license in this State when accompanied
by a person who is the lawful holder of a hunting license or has a lawful right to hunt.
(c) Any nonresidents participating in an organized fox hunt are exempt from the licensing requirement of this chapter.
(d) Any nonresident is exempt from the fishing license requirements of this chapter while fishing in a fee fishing operation
that is registered as same with the Department of Agriculture according to Chapter 4 of Title 3. Nonresidents 16 years of
age or older must purchase a nonresident fishing license to fish or take fish, crabs or clams.
(e) A nonresident shall be exempt from the licensing requirement of this chapter while hunting snow geese, provided:
(1) The nonresident resides in another state or Canadian province which extends the same exemption to Delaware residents;
(2) The nonresident is properly licensed, or exempt from the licensing requirement, to hunt snow geese in the state or Canadian
province in which he or she resides;
(3) The nonresident purchases a migratory waterfowl stamp as provided for by § 517 of this title; and
(4) The nonresident complies with the hunter education requirements of § 506(a) of this title.
27 Del. Laws, c. 152, § 1; Code 1915, § 2411; 40 Del. Laws, c. 191, § 24; Code 1935, § 2882; 7 Del. C. 1953, § 507; 50 Del. Laws, c. 640, § 1; 51 Del. Laws, c. 338; 60 Del. Laws, c. 411, § 2; 63 Del. Laws, c. 389, § 10; 69 Del. Laws, c. 103, § 11; 71 Del. Laws, c. 270, § 1; 76 Del. Laws, c. 71, §§ 7, 8; 76 Del. Laws, c. 72, § 5.;
§ 508. License fees for nonresidents.
(a) Nonresidents shall pay to the Department or its duly constituted agents the following license fees:
(1) $130 or once agents can access online reciprocal fees the higher of the 2 for a general hunting license.
(2) $25 for a trapping license.
(3) $20 for a general fishing license.
(4) $12.50 for a 7-day fishing license (good for 7 consecutive days from the date of issuance).
(5) $50 for a small game hunting license good for 3 consecutive days from the date of issue and not valid for hunting deer
or turkeys.
(6) $10 for an additional permit to kill a single antlerless deer.
(7) $25 for a tag to kill a single antlered deer.
(8) $25 for a tag to kill a single quality buck.
(9) Vessels for hire shall pay to the Department or its duly authorized agents the following license fees:
a. $300 for a charter boat, as defined in § 906(69) of this title, license; and
b. $600 for a head boat, as defined in § 906(70) of this title, license.
(10) $40 for a boat fishing license for a boat 20 feet or less, $50 for a boat fishing license for a boat greater than 20
feet.
(11) $50 or once agents can access online reciprocal fees the higher of the 2 for a nonresident junior license.
(12) $300 for a guide license.
(b) The criteria for issuing a permit pursuant to this section shall be established by the Department pursuant to § 103 of
this title.
27 Del. Laws, c. 152, § 1; Code 1915, § 2411; 40 Del. Laws, c. 191, § 24; Code 1935, § 2883; 47 Del. Laws, c. 152, § 1; 48 Del. Laws, c. 217, § 1; 7 Del. C. 1953, § 509; 50 Del. Laws, c. 250, § 1; 50 Del. Laws, c. 259, § 1; 57 Del. Laws, c. 42; 57 Del. Laws, c. 97; 57 Del. Laws, c. 739, § 35; 59 Del. Laws, c. 96, §§ 2, 3; 59 Del. Laws, c. 230, § 1; 61 Del. Laws, c. 120, § 1; 65 Del. Laws, c. 217, § 4; 66 Del. Laws, c. 355, § 1; 70 Del. Laws, c. 27, § 1; 71 Del. Laws, c. 270, § 2; 73 Del. Laws, c. 375, §§ 2-4[1-3]; 76 Del. Laws, c. 71, §§ 9-12; 76 Del. Laws, c. 72, §§ 6-9.;
§ 509. Complimentary licenses.
(a) The Department may issue annually, complimentary hunting and fishing licenses to any of the following:
(1) The President of the United States;
(2) The governor of any state;
(3) Authorized officials of the game and fish departments of other states; and
(4) Authorized officials of the United States Department of the Interior, United States Fish and Wildlife Service, who are
nonresidents of the State.
(b) The complimentary licenses shall not be transferable, shall be issued on such form as the Department designates, and without
the payment of any fee therefor and when so issued shall be valid authority for the holder or holders thereof to hunt and
fish in the State in accordance with the laws of the State. Not more than 50 such complimentary licenses shall be issued in
any 1 calendar year.
(c) The Secretary may also issue letter permits, valid for up to 3 days, to visiting state and federal dignitaries. The number
of outstanding permits shall not exceed 10 at any time.
Code 1935, § 2804A; 45 Del. Laws, c. 216, § 1; 7 Del. C. 1953, § 511; 57 Del. Laws, c. 739, § 36; 59 Del. Laws, c. 110, §§ 1-3; 70 Del. Laws, c. 275, § 18.;
§ 510. Term of license.
(a) All licenses issued by the Division of Fish and Wildlife shall be in lieu of all other charges for such privileges and
shall authorize their legal holder the privilege prescribed thereon only during the fiscal year, and, with the exception of
fishing licenses, such licenses shall be valid only during the periods prescribed on the license.
(b) Fishing licenses shall authorize their legal holder the privilege prescribed thereon only during the calendar year beginning
the 1st day of January and such licenses shall expire on the 31st day of December of the year they are issued.
27 Del. Laws, c. 152, § 4; Code 1915, § 2414; 40 Del. Laws, c. 191, § 27; Code 1935, § 2886; 7 Del. C. 1953, § 512; 50 Del. Laws, c. 235, § 1; 57 Del. Laws, c. 739, § 37; 58 Del. Laws, c. 41, § 1; 73 Del. Laws, c. 375, § 7[6].;
§ 511. Licensing Agents; bond requirement; service charge; regulations.
(a) The Department may authorize as many qualified persons as Licensing Agents as it deems necessary to effectuate the efficient
distribution of the licenses, permits and stamps authorized by subchapter I of this chapter.
(b) Licensing Agents shall be required by the Department to give security by means of a bond in the penal sum of $5,000, conditioned
for the faithful performance of their duties and for the prompt and correct remittance to the Department of the moneys received
from the sale of licenses, permits and stamps.
(c) Licensing Agents may add a service charge to the required fee for a license, permit or stamp, provided the service charge
does not exceed $1.50 for a license, $1.50 for a permit or $1 for a stamp. Such service charges, if imposed, shall be posted
by the Licensing Agent and shall be clearly visible to prospective purchasers.
(d) Notwithstanding subsection (c) of this section, a Licensing Agent offering automated licensing may be authorized by the
Department to add a service charge of up to $4 to the required fee for a license, permit or stamp. License, permit and stamp
applicants, prior to their purchase of licenses, permits and/or stamps through an automated system, shall be notified of the
applicable service charge(s).
(e) The Secretary may adopt, amend, modify or repeal rules and regulations to effectuate the policy and purpose of this section.
(f)(1) Except as otherwise provided by the Constitutions or laws of the United States or of the State, as the same may expressly
require or be interpreted as requiring by a court of competent jurisdiction, no claim or cause of action shall arise, and
no judgment, damages, penalties, costs or other money entitlement shall be awarded or assessed against any person authorized
by the Department as a Licensing Agent in any civil suit or proceeding at law or in equity, or before any administrative tribunal,
where the following elements are present:
a. The act or omission complained of arose out of and in connection with the performance of the Licensing Agent's official
duties set forth in this title or the rules or regulations of the Department;
b. The act or omission complained of was done in good faith and in the belief that the Licensing Agent was acting in accordance
with its official duties set forth in this title or the rules or regulations of the Department; and
c. The act or omission complained of was done without gross or wanton negligence.
(2) The plaintiff shall have the burden of proving the absence of 1 or more of the elements of immunity as set forth in this
subsection.
(3) Nothing in this subsection shall be construed to require the State, the Department, or any agency, office, or instrumentality
of the State to indemnify or to reimburse any Licensing Agent for costs of defending any civil suit or proceeding brought
against the Licensing Agent. Nothing in this subsection shall be construed to require the State, the Department, or any agency,
office, or instrumentality of the State to provide legal representation to any Licensing Agent in any civil suit or proceeding
brought against the Licensing Agent.
26 Del. Laws, c. 162, § 3; 26 Del. Laws, c. 164, § 15; 27 Del. Laws, c. 154; 27 Del. Laws, c. 155, § 3; Code 1915, § 2360; 40 Del. Laws, c. 191, § 3; Code 1935, § 2806; 42 Del. Laws, c. 130, § 1; 7 Del. C. 1953, § 513; 57 Del. Laws, c. 739, § 38; 58 Del. Laws, c. 104; 62 Del. Laws, c. 212, § 1; 71 Del. Laws, c. 443, § 1; 73 Del. Laws, c. 375, § 8[7]; 74 Del. Laws, c. 320, § 1.;
§ 512. Refusal to sell and revocation of license; grounds; notice.
(a) The Department may, except as otherwise provided, revoke any hunting, fishing or trapping license, or any license issued
by it, and deny any person the right to secure such license or to hunt, fish or trap anywhere in this State for a period within
its discretion, but in no case longer than 1 year, if:
(1) The licensee or person has been convicted of violating any game or fish law; or
(2) The licensee or person has been convicted in any court of record of having defaced, mutilated, destroyed or carried away
notices posted by a freeholder, leaseholder or the Department, or personal property or crops of any kind on lands or waters
in which such licensee or person may have been hunting, trapping or fishing; or
(3) The licensee or person has been convicted of an offense involving carelessness in the use of firearms while hunting and
thereby caused injury to any person or to poultry or livestock; or
(4) The licensee or person has been convicted of an offense involving the unlawful setting of forest, marsh or grass fires;
or
(5) It is established to the satisfaction of the Department that the licensee, while hunting with firearms, has been in an
intoxicated condition.
(b) To revoke a license then in force or to deny any person the right to secure a license or to hunt, trap or fish in this
State for any period, the Department shall send a written notice to that effect to the person at his or her address either
by registered mail or by delivery personally by a representative of the Department. The Department shall furnish in writing
to all persons authorized to issue licenses, the names and addresses of all persons whose licenses have been revoked and the
terms for which such licensees or persons have been denied the right to secure licenses or to hunt, trap or fish in this State,
together with any other data the Department deems necessary.
(c) The Department may revoke any hunting or trapping license or any similar licenses issued by it or deny any person the
right to secure such license or to hunt or trap anywhere in this State for a period within its discretion of not less than
3 years nor more than 5 years if the licensee has been convicted of illegally possessing, tending or setting or attempting
to set or tend a killer, body-gripping trap.
(d) The provisions of § 516(g) and § 2216 of Title 13 shall supersede any provisions of this chapter to the contrary with
respect to any matter involving any applicant or licensee under § 516(g) or § 2216 of Title 13. Any provisions hereof to the
contrary notwithstanding, upon receipt of notification from the Family Court pursuant to § 516(g) of Title 13 or notice from
the Director of the Division of Child Support Enforcement pursuant to § 2216 of Title 13 regarding an applicant or licensee,
the Department shall: (i) forthwith deny the issuance or renewal of any license under this chapter, or suspend the same, and
(ii) furnish in writing the name and address of such applicant or licensee to all persons authorized to issue licenses under
this chapter.
Code 1915, § 2371; 40 Del. Laws, c. 191, § 8; Code 1935, § 2817; 7 Del. C. 1953, § 514; 57 Del. Laws, c. 739, § 39; 62 Del. Laws, c. 326, § 2; 70 Del. Laws, c. 186, § 1; 71 Del. Laws, c. 216, § 80.;
§ 513. Display by licensee of tag or button furnished by Department.
Each holder of a license issued by the Department shall always possess on their person said license while hunting, fishing
or trapping, or while serving as a guide, and shall present such license upon request to any person empowered to arrest for
violations of the game and fish laws of this State.
26 Del. Laws, c. 162, § 3; 26 Del. Laws, c. 164, §§ 3, 15; 27 Del. Laws, c. 154; 27 Del. Laws, c. 155, § 3; Code 1915, §§ 2360, 2392; 40 Del. Laws, c. 191, §§ 3, 17; Code 1935, §§ 2806, 2852; 46 Del. Laws, c. 73, § 1; 7 Del. C. 1953, § 515; 57 Del. Laws, c. 739, § 40; 77 Del. Laws, c. 237, § 1.;
§ 514. Tagging metal traps; obtaining tags; violation and penalty.
(a) No person shall set or make use of any kind of a metal trap whatsoever, except for the purpose of taking muskrats, without
having first placed a metallic plate or tag on each trap, bearing in plain English the words "Trapping License, Delaware,"
and in addition thereto the number of the trapping license issued to the owner of the traps and the year of issuance thereof.
(b) The Department shall furnish upon application to any person who has secured a license in this State, or to any person
who is entitled to trap without a license, not more than 25 suitable tags free of charge, and shall furnish upon application,
additional tags at cost. Such tags shall be used only by the person to whom issued and shall not be transferable.
(c) Whoever sets or makes use of a metal trap, except for the purpose of taking muskrats, without having first placed a metallic
plate or tag on each metal trap in accordance with this section, shall be guilty of a class D environmental misdemeanor for
each offense, and in addition thereto shall forfeit to the Department each trap so set or made use of, and such traps shall
be disposed of as the Department directs.
Code 1915, § 2392A; 40 Del. Laws, c. 191, § 18; Code 1935, § 2852; 7 Del. C. 1953, § 516; 57 Del. Laws, c. 739, § 41; 70 Del. Laws, c. 275, § 19.;
§ 515. Possession of protected game or fish by unlicensed nonresident; penalty.
(a) No nonresident or alien shall have any protected game or wildlife in his or her possession who does not hold a hunting,
trapping or fishing license, for game and fish, respectively, for the time during which he or she has protected game or wildlife
in his or her possession unless such game or wildlife has been lawfully killed or caught out of the State and may be lawfully
possessed in this State.
(b) Whoever violates this section shall be guilty of a class B environmental misdemeanor for each offense.
(c) Nothing in this section shall apply:
(1) To a nonresident or alien who is a bona fide freeholder or a bona fide leaseholder and actually resides on a farm in this
State containing at least 20 acres of land and is engaged in the science of husbandry on said farm; or
(2) To the lawful interstate transportation of protected wildlife.
26 Del. Laws, c. 164, § 5; Code 1915, § 2394; 40 Del. Laws, c. 191, § 19; Code 1935, § 2854; 7 Del. C. 1953, § 517; 70 Del. Laws, c. 275, § 20; 70 Del. Laws, c. 186, § 1.;
§ 516. Forgery or alteration of license; obtaining license by misrepresentation; use of license by another; penalties.
Whoever forges or alters any license or misrepresents the facts in order to obtain any license issued by the Department or
use the license of another, or permits such license to be used by another, shall forfeit such license and be guilty of a class
B environmental misdemeanor for each offense. In addition thereto, for altering a license in any way, the person is guilty
of forgery and shall be punished accordingly.
26 Del. Laws, c. 164, § 6; Code 1915, § 2395; 40 Del. Laws, c. 191, § 20; Code 1935, § 2855; 7 Del. C. 1953, § 518; 57 Del. Laws, c. 739, § 42; 70 Del. Laws, c. 275, § 21.;
§ 517. Migratory waterfowl stamp.
(a) As used in this section:
(1) "Migratory waterfowl" means a wild goose, brant or wild duck.
(2) "Division" means the Division of Fish and Wildlife of the Department of Natural Resources and Environmental Control.
(3) "Stamp" means the migratory waterfowl stamp provided for by this section.
(b) Except as otherwise provided herein, no person may hunt or take any migratory waterfowl within this State without first
procuring a migratory waterfowl stamp as provided for by this section. Such stamp must be in the possession of every person
when hunting or taking any migratory waterfowl. Each stamp shall be validated by the signature of the licensee written across
the face of such stamp. Such stamp shall be designed and produced in accordance with Division regulations and shall expire
annually on the same date each year that all hunting licenses expire. Unless otherwise provided in this chapter, any person
who is exempt from payment or charge for a hunting license shall also be exempt from the fee imposed by this section. Any
person who is under the age of 16 years shall be exempt from the requirements of this subsection.
(c) A stamp shall be issued to each hunting license applicant upon written request on the forms furnished by the Division
and payment of a fee of $9, together with any Licensing Agent fees charged in accordance with this chapter.
(d) All funds derived from the issuance of migratory waterfowl stamps shall be deposited by the Division with the State Treasurer
and shall be specifically set aside and earmarked as state duck stamp account to permit separate accountability for the receipt
and expenditure of funds derived from the sale of state duck stamps.
(1) The Division shall contract annually 50 percent of the revenue collected and deposited in the state duck stamp account
with an appropriate nonprofit organization to utilize 50 percent of the revenue collected pursuant to this section for the
development of waterfowl propagation areas in Canada from which come substantial numbers of waterfowl migrating to and through
Delaware. Before paying such revenue to any nonprofit organization developing waterfowl areas, the Division shall obtain evidence
that the project is acceptable to the appropriate agency having a jurisdiction over the lands and waters affected by the project.
(2) The remaining 50 percent of the funds in the state duck stamp account shall be used for the purpose of protection, preserving,
restoring, enhancing and developing waterfowl habitat in Delaware.
(e) The Division is hereby granted the authority to establish, by regulation, the method for selecting appropriate designs
for the migratory waterfowl stamp.
62 Del. Laws, c. 62, § 1; 70 Del. Laws, c. 27, § 2; 70 Del. Laws, c. 275, §§ 22, 24; 71 Del. Laws, c. 270, § 3; 71 Del. Laws, c. 443, § 2; 73 Del. Laws, c. 375, § 5[4].;
§ 518. Hunting or trapping during license revocation.
Whoever hunts or traps during a period when the Department has revoked or denied that person the right to secure a license
to hunt or trap within the State shall be guilty of a class A environmental misdemeanor, and upon conviction, shall be denied
the privilege of hunting or trapping, with or without a license, in the State for a period of 5 years, commencing with the
date of conviction.
62 Del. Laws, c. 326, § 3; 70 Del. Laws, c. 275, §§ 23, 24.;
§ 519. [Reserved.]
§ 520. Free sport fishing days.
The Secretary of the Department of Natural Resources and Environmental Control may designate up to 2 days within National
Fishing Week, which may or may not be consecutive, during each calendar year as "free sport fishing days." On the designated
"free sport fishing days," residents and nonresidents are exempt from the fishing requirements of §§ 501, 505 and 506 of this
title, but are subject to all other statutory and regulatory provisions that pertain to fishing.
69 Del. Laws, c. 26, § 1.;
§ 521. Public lands blind site fee.
Whoever utilizes a blind site on public lands managed by the Division of Fish and Wildlife and included in the Division's
lottery program for the purposes of hunting waterfowl or deer shall pay an annual blind site fee of $20.
76 Del. Laws, c. 72, § 10; 76 Del. Laws, c. 188, § 1.;
