7 Del. Admin. Code § 3900-1.0

Current through Register Vol. 28, No. 7, January 1, 2025
Section 3900-1.0 - Definitions

For purposes of Regulations 1.0 through 24.0, the following words and phrases shall have the meaning ascribed to them:

"Administered by the Division" means owned, leased or licensed by the Division.

"Antlered deer" means any deer with one or more antlers three inches long or longer, measured from the base of the antler where it joins the skull to the tip of the antler following any curve of the antler.

"Antlerless deer" means any deer that has no antlers or antlers less than three inches in length.

"Auxiliary marker" means any marker that is used to identify a released gamebird and is authorized by the Division which is limited to nasal discs and saddles, patagial markers, seamless leg bands, metal butt-end leg bands, plastic or metal leg bands that have a locking clasp, or plastic bandettes.

"Bait" means any nontoxic food material, compound or mixture of ingredients which wildlife is able to consume.

"Baited field" includes any farm field, woodland, marsh, water body or other tract of land where minerals, grain, fruit, crop or other nontoxic compounds have been placed to attract wildlife to be hunted. A baited field is considered baited for 10 days following complete removal of all bait.

"Black powder" means a manufacturer's approved muzzleloading propellant.

"Cable restraint" formerly referred to as "snare", is considered a trapping device made of stranded steel cable with a minimum diameter of 5/64 inches. Cable restraints must be equipped with a relaxing-type lock. The cable may not exceed 7 feet in length from the anchor point to the relaxing lock and must be equipped with at least one swivel device, which allows for 360° rotation, between the loop and the anchor. The cable restraint must have stops affixed to the cable to ensure that the cable that makes up the loop may not have a circumference greater than 38 inches when fully open, or a circumference less than 6 1/4 inches when fully closed. Cable restraints with a maximum loop circumference of 12 1/2 inches do not require cable stops. Cable restraints must be maintained in good condition so that all components operate properly.

"Deer" means white-tailed deer (Odocoileus virginianus) or Sika deer (Cervus nippon).

"Direct supervision" refers to the parameters required when a hunter may not lawfully hunt alone. A person will be considered directly supervised while hunting if a person 21 years of age or older is always within 30 yards and in direct line of sight of the supervised person. The supervising person must be lawfully allowed to hunt in Delaware.

"Director" means the Director or Acting Director of the Division.

"Division" means the Division of Fish and Wildlife of the Department.

"Established blind" means a structure or pit constructed for the purpose of hunting migratory waterfowl by a landowner on the landowner's property or by another person with the permission of the landowner or the landowner's duly authorized agent.

"Established and maintained road" means a road maintained for vehicular use by the Division and designated for such use by the Division on current wildlife area maps.

"Foothold trap" formerly referred to as "leghold trap", refers to a type of trap with a mechanism that is designed to catch and hold a mammal by one of its feet or legs.

"Furbearers" includes beavers, coyotes, gray fox, mink, muskrats, nutria, opossums, otters, raccoons, red fox, skunks and weasels.

"Jaw spread" means the distance between the inside of both jaws, when measured across the trap jaws on a line perpendicular to a line drawn through the jaw pivot points when the trap is in the set position.

"Liberated game" means cottontail rabbits and game birds, including bobwhite quail, mallard duck, chukar partridge, Hungarian partridge, and pheasant released pursuant to 7 Del.C. § 568.

"Longbow" means a straight limb, reflex, recurve or compound bow. All crossbows or variations thereof and mechanical holding and releasing devices are expressly excluded from the definition.

"Lure" means any mixture of ingredients, element or compound that attract wildlife, but the wildlife is unlikely to consume.

"Pen-raised released quail" means northern bobwhite quail that have been hatched and raised in captivity and released into the wild.

"Possession" means either actual or constructive possession of or any control over the object referred to.

"Quality buck" means an antlered deer with an outside antler spread of at least 15 inches. This measurement is taken across the outside of the main beams at their widest point; this measurement's path must be perpendicular to the center line of the skull and parallel to the top of the skull plate.

"Refuge" means an area of land, whether in public or private ownership, designated by the Department as a refuge. Land shall only be designated with the permission of the landowner and if such designation is thought to be in the best interest of the conservation of wildlife. Refuges shall normally be closed at all times to all forms of hunting, except as permitted by the Director in writing for wildlife management purposes.

"Relaxing lock" means a device installed on a cable restraint that allows the loop to release constriction pressure on the captured animal when the cable is not taut and the animal stops pulling.

"Roadway" means any road, lane or street, including associated right-of-ways, maintained by this State or any political subdivision of this State.

"Season" means that period of time during which a designated species of wildlife may be lawfully hunted or a designated species of fish may be lawfully fished.

"Vehicle" means any means in or by which someone travels or something is carried or conveyed or a means of conveyance or transport, whether or not propelled by its own power.

"Waterline" refers to beneath the surface of the water or below the mean high tide line in an area ordinarily subject to the rise and fall of the tide.

"Wildlife" means any member of the animal kingdom, including without limitation, any amphibian, arthropod, bird, mammal or reptile.

7 Del. Admin. Code § 3900-1.0

3 DE Reg. 289 (08/01/99)
3 DE Reg. 1738 (06/01/00)
11 DE Reg. 334 (09/01/07)
14 DE Reg. 52 (07/01/10)
15 DE Reg. 1505 (04/01/12)
17 DE Reg. 746 (1/1/2014)
27 DE Reg. 874 (5/1/2024) (Final)