3 Del. Admin. Code § 402-8.0

Current through Register Vol. 28, No. 5, November 1, 2024

Section 402-8.0 - Hunting Rules and Regulations

8.1 State Forests are year-round multiple use areas. Hunters share the use of State Forest lands with other public users such as hikers, campers, horseback riders, firewood cutters, and loggers.

8.2 No special permits are required to hunt on State Forest lands, except as specified in the DNREC, Division of Fish and Wildlife Hunting and Trapping Guide or if the hunting tract is designated for a lottery permit only. Properly licensed hunters may hunt during any open season except on areas otherwise designated, such as those marked with Wildlife Sanctuary, NO HUNTING, or Safety Zone signs or areas that are outlined within the Hunting and Trapping Guide that state the area will be closed.

8.3 No permanent deer stands, platforms, ladders, or blinds may be constructed. No screw-in tree steps, spikes, screws, or nails are allowed.

8.4 Deer drives by any person or persons are not permitted on any State Forest land at any time.

8.5 Small game hunting is closed on State Forest lands during firearm deer seasons.

8.6 The DFS reserves the right to close specific State Forest tracts to hunting during specific hunting seasons. It shall be unlawful for any person to hunt on lands administered by the DFS, except as permitted by the Forestry Administrator in writing and specified on current State Forest area maps distributed by the DFS.

8.7 Trapping rights may be leased for State Forest lands. No other trapping is permitted on State Forest lands.

8.8 Target shooting is prohibited. Firearms are allowed for legal hunting and are otherwise prohibited within designated safe areas on State Forest lands, except as set forth below.

8.8.1 Designated areas shall include State Forest offices, education centers, and shall be identified by appropriate signage.

8.8.2 Active duty and qualified retired law enforcement officers may possess firearms within areas administered by the Department, including designated areas.

8.8.3 Delaware residents holding an active current permit to carry a concealed deadly weapon may carry a firearm within areas administered by the Department, including designated areas.

8.8.4 Firearms may be carried within areas administered by the Department, outside of designated areas, by any person not prohibited by 11 Del.C. § 1448.

8.8.5 Law enforcement officers may limit the discharge of firearms and the use of other weapons within areas administered by the Department, in order to protect public safety and preserve the peace.

8.9 Waterfowl hunting is permitted within designated areas only on State Forest land and/or waters. DFS reserves the right to open and close specific State Forest tracts for waterfowl hunting. It shall be unlawful for any person to hunt on lands administered by the DFS, except as permitted by the Forestry Administrator in writing and specified on current State Forest area waterfowl maps distributed annually by the DFS.

8.10 Squirrel hunting is not allowed with a rifle or muzzleloading rifle. Squirrel hunting with a shotgun is permitted.

8.11 The following hunting restrictions apply to those tracts of State Forest lands as specified in the DNREC, Division of Fish and Wildlife Hunting and Trapping Guide. Maps delineating these areas are available at State Forest offices.

8.11.1 Deer Hunting is allowed on all State Forest tracts unless otherwise noted on State Forest maps, within the Hunting and Trapping Guide and on signs posted on State Forest property.

8.11.2 For shotgun season tracts that have deer stands available to hunt, a daily lottery shall be held at the discretion of the State Forest office. Lottery times will be 1 and 1/2 hours before legal shooting times. Please refer to the Hunting and Trapping Guide and State Forest guidance for lottery dates and times.

8.11.3 For muzzleloader season tracts that have deer stands available to hunt, a daily lottery shall be held at the discretion of the State Forest office. Lottery times will be 1 and 1/2 hours before legal shooting times. Please refer to the Hunting and Trapping Guide and State Forest guidance for lottery dates and times.

8.11.4 All hunters on these tracts, during shotgun and muzzleloader season, must only hunt from their designated stand, as walk around hunting is not permitted.

8.11.5 During Archery season bowhunters must be within 50 yards of their designated stand.

8.11.6 Stands will be available during Archery season on a first-come, first-served basis.

8.11.7 No more than one hunter may hunt from a stand at any one time.

3 Del. Admin. Code § 402-8.0

6 DE Reg. 1201 (03/01/03)
10 DE Reg. 88 (07/01/06)
11 DE Reg. 307 (09/01/07)
21 DE Reg. 875 (5/1/2018)
22 DE Reg. 760 (3/1/2019)
24 DE Reg. 656 (1/1/2021) (Final)