7 Del. Admin. Code § 3900-15.0

Current through Register Vol. 28, No. 7, January 1, 2025

Section 3900-15.0 - Possession, Collection or Sale of Native Wildlife

(Penalty Section 7 Del.C. § 103(d))

15.1 Possession or Sale.

15.1.1 Unless otherwise provided by law or regulation of the Department, it shall be unlawful for any person to collect, possess, import, cause to be imported, export, cause to be exported, buy, sell or offer for sale any native wildlife species or any part thereof without a permit from the Director as authorized by existing law or regulation. The permit shall limit the terms and conditions for collecting or possessing said wildlife within the State.

15.1.2 Notwithstanding subsection 15.1.1 of this section, live native wildlife species may be possessed, imported, sold or offered for sale without a permit from the Director if there is written documentation to confirm that said wildlife was legally taken in and transported from another state.

15.1.3 Notwithstanding subsection 15.1.2 of this section or as otherwise provided by law or regulation of the Department, the following live rabies vector species of coyotes, gray fox, groundhogs, opossums, raccoons, skunks, and red fox may not be possessed, imported, sold, or offered for sale.

15.1.4 Notwithstanding subsection 15.1.1 of this section, the hides, skins, and parts thereof of furbearers and other animals legally harvested outside of Delaware and finished wildlife taxidermy may be imported, caused to be imported, exported, cause to be exported, purchased, and sold unless otherwise prohibited by existing law or regulation by the Department.

15.2 Collection and Possession of Reptiles and Amphibians.

15.2.1 Unless otherwise provided by law or regulation of the Department, it shall be unlawful for any person to remove from the wild or possess any native reptile or amphibian species, their eggs or parts without a permit from the Director.

15.2.2 Notwithstanding subsection 15.2.1 of this section, one individual of each of the following species of reptiles and amphibians or parts thereof from the following reptiles, may be collected and possessed without a permit, except one amphibian egg mass/cluster or 10 or fewer larval amphibians from the following species may be possessed without a permit provided that no more than one adult may be possessed once the individuals metamorphose to adults:

Reptiles

Brownsnake, Dekay's (Storeria dekayi)

Cooter, Northern Red-bellied (Pseudemys rubriventris)

Gartersnake, Common (Thamnophis sirtalis)

Lizard, Eastern Fence (Sceloporus undulatus)

Racer, Northern Black (Coluber constrictor)

Ratsnake, Eastern (Pantherophis alleghaniensis)

Skink, Common Five-lined (Plestiodon fasciatus)

Snake, Ring-necked (Diadophis punctatus)

Terrapin, Diamond-backed (Malaclemys terrapin)

Turtle, Eastern Box (Terrapene carolina)

Turtle, Eastern Mud (Kinosternon subrubrum)

Turtle, Eastern Musk (Sternotherus odoratus)

Turtle, Painted (Chrysemys picta)

Turtle, Snapping (Chelydra serpentina)

Watersnake, Common (Nerodia sipedon)

Wormsnake, Common (Carphophis amoenus)

Amphibians

Bullfrog, American (Lithobates catesbeianus)

Frog, Eastern Cricket (Acris crepitans)

Frog, Green (Lithobates clamitans)

Frog, Mid-Atlantic Coast Leopard (Lithobates kauffeldi)

Frog, New Jersey Chorus (Pseudacris kalmi)

Frog, Pickerel (Lithobates palustris)

Frog, Southern Leopard (Lithobates sphenocephalus)

Frog, Wood (Lithobates sylvaticus)

Newt, Eastern (Notophthalmus viridescens)

Peeper, Spring (Pseudacris crucifer)

Salamander, Eastern Red-backed (Plethodon cinereus)

Salamander, Marbled (Ambystoma opacum)

Salamander, Northern Dusky (Desmognathus fuscus)

Salamander, Northern Two-lined (Eurycea bislineata)

Spadefoot, Eastern (Scaphiopus holbrookii)

Toad, American (Anaxyrus americanus)

Toad, Fowler's (Anaxyrus fowleri)

Treefrog, Cope's Gray (Hyla chrysoscelis)

Treefrog, Gray (Hyla versicolor)

Treefrog, Green (Hyla cinerea)

15.2.3 It shall be unlawful to remove any reptile or amphibian from the wild and later release said reptile or amphibian back to the wild if it has been held in captivity for more than 30 days.

15.3 Captive Breeding.

15.3.1 It shall be unlawful for any person to breed in captivity any native wildlife species without a permit from the Director. Said permit shall limit the terms and conditions for captive breeding of said wildlife.

15.3.2 It shall be unlawful for any person to release captive-bred species into the wild. A signed bill of sale shall accompany any captive-bred species that are sold.

15.3.3 This section shall not apply to accredited zoos or to raptors regulated by federal and State falconry or raptor propagation regulations.

15.4 Sale or Possession of CITES Listed Species. It shall be unlawful for any person to sell or possess bear gall bladder, or other viscera from any species of bear, or any part of other species listed as prohibited by the Convention on International Trade in Endangered Species (CITES). The possession of any part of a bear must be in conformance with CITES.

7 Del. Admin. Code § 3900-15.0

3 DE Reg. 289 (08/01/99)
3 DE Reg. 1738 (06/01/00)
6 DE Reg. 536 (10/01/02)
15 DE Reg. 1505 (04/01/12)
27 DE Reg. 874 (5/1/2024) (Final)