7 Del. Admin. Code § 3900-4.0

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

Section 3900-4.0 - Seasons

(Penalty Section 7 Del.C. § 103(d))

4.1 Season Dates. Hunting and trapping season dates will be published each year in an annual publication entitled "Delaware Hunting and Trapping Guide."

4.2 General. It shall be unlawful for any person to hunt those species of wildlife for which a season is designated at any time other than during that season.

4.3 Protected Wildlife.

4.3.1 Unless otherwise provided by law or regulation of the Department, it shall be unlawful for any person to hunt any species of protected wildlife.

4.3.2 It shall be unlawful for any person to sell, transport or possess any species of protected wildlife, except when:

4.3.2.1 Otherwise provided by law or regulation of the Department; or

4.3.2.2 The wildlife was lawfully taken outside of this State in accordance with the laws or regulations of the state or nation where the wildlife was taken.

4.4 Beaver.

4.4.1 Season. Beavers may be hunted or trapped in accordance with the statutes and regulations of the State of Delaware governing the harvest of beavers from December 1 through March 20.

4.4.2 Beaver hides and the meat of lawfully taken beaver harvested anywhere within or outside of Delaware may be sold.

4.5 Bullfrogs and Green Frogs.

4.5.1 Season. Bullfrogs and green frogs may be hunted in accordance with the statutes and regulations of the State of Delaware governing the hunting of bullfrogs and green frogs: from May 1 through September 30.

4.5.2 Limit. It shall be unlawful for any person to take more than 24 bullfrogs or green frogs, in aggregate, in any 1 day.

4.5.3 License. A hunting or fishing license is required to take bullfrogs or green frogs.

4.6 Crows. It shall be unlawful for any person to hunt crows during any period of the year, except Thursdays, Fridays and Saturdays between and including the fourth Thursday of June and the last Saturday of March. The hunting of crows is restricted by the provisions of federal regulations pertaining to the taking of crows.

4.7 Gray Squirrel.

4.7.1 Season. Gray squirrel may be hunted in accordance with the statutes and regulations of the State of Delaware governing the hunting of gray squirrel: from September 15 through the last day of February. Squirrel hunting shall be unlawful during the November deer firearms season as described in 7.5.1.1 of this regulation. When squirrel season overlaps with a deer season as described in 7.5.1 and 7.5.3 of this regulation, and 7 Del.C. § 704, squirrels may be hunted when hunter orange is displayed in accordance with 7 Del.C. § 718.

4.7.2 Limit. It shall be unlawful for any person to take more than 6 gray squirrels in any 1 day.

4.8 Opossum. The opossum may only be hunted or trapped during the lawful season to hunt or trap raccoons.

4.9 Pheasant.

4.9.1 Season. Male pheasant may be hunted in accordance with the statutes and regulations of the State of Delaware governing the hunting of pheasant: from the Monday that immediately precedes Thanksgiving through the last day of February, provided that during a deer firearms season hunter orange is displayed in accordance with 7 Del.C. § 718.

4.9.2 Female Pheasant. It shall be unlawful for any person to hunt or possess any female pheasant at any time, except as permitted on game preserves, by licensed game breeders or as otherwise permitted by law.

4.9.3 Male Pheasant Limit. It shall be unlawful for any person to hunt or possess more than 2 male pheasants in any 1 day during the pheasant season, except as permitted by law.

4.9.4 Game Preserves. Nothing in this regulation shall be construed so as to limit the number or sex of pheasants that may be harvested by any one person on licensed game preserves.

4.10 Quail.

4.10.1 It shall be unlawful to harvest wild quail without a permit from the Division. Permits may be issued to landowners that have at least 40 acres of habitat suitable to support and sustain wild quail as determined and approved by the Division. The Division will reassess the closure of the statewide wild quail season every 3 years.

4.10.2 Pen-raised Released Quail Season. Pen-raised and released bobwhite quail may be hunted in accordance with the statutes and regulations of the State of Delaware governing the hunting of bobwhite quail: from the Monday that immediately precedes Thanksgiving through the second Saturday of February, provided that during a deer firearms season hunter orange is displayed in accordance with 7 Del.C. § 718.

4.11 Rabbit.

4.11.1 Season. Rabbits may be hunted in accordance with the statutes and regulations of the State of Delaware governing the hunting of rabbits: from the Monday that immediately precedes Thanksgiving through the last day of February provided that during a deer firearms season hunter orange is displayed in accordance with 7 Del.C. § 718.

4.11.2 Limit. It shall be unlawful for any person to take more than 4 rabbits in any one day.

4.12 Raccoon.

4.12.1 Trapping Season. Raccoon may be trapped in accordance with the statutes and regulations of the State of Delaware governing the trapping of raccoon: from December 1 through March 10 (March 20 on embanked meadows in New Castle County). The season is open throughout the year on private land, except on Sundays, in eastern New Castle and Kent counties pursuant to 7 Del.C. § 786.

4.12.2 Hunting Season. Raccoon may be hunted in accordance with the statutes and regulations of the State of Delaware governing the hunting of raccoon: from August 1 through October 31 for chase only whereby it shall be unlawful to kill raccoon and opossum; from November 1 through the last day of February; and from March 1 through March 31 for chase only whereby it shall be unlawful to kill raccoon and opossum. The season is open throughout the year on private land in eastern New Castle and Kent counties, except on Sundays, pursuant to 7 Del.C. § 786.

4.12.3 Notwithstanding subsection 4.12.2 of this section, it shall be unlawful for any person to hunt raccoon or opossum during any period with the aid of a dog when it is lawful to hunt deer with a firearm, except that it shall be lawful to hunt raccoon from 1 hour after sunset until midnight during the October, December and January Shotgun deer seasons as described in 7.5.1 of this regulation, the January Handgun and Straight-walled Pistol Caliber Rifle deer season as described in 7 Del.C. § 704, and the January Muzzleloader deer season as described in 7.5.3 of this regulation.

4.13 Red Fox and Gray Fox.

4.13.1 Red Fox Hunting Harvest Season. Red fox may be killed in accordance with the statutes and regulations of the State of Delaware governing the hunting of red fox: from November 1 through the last day of February. Notwithstanding the foregoing, red foxes may be killed in accordance with subsection 2.8 of this regulation and 7 Del.C. § 788.

4.13.2 Red Fox Trapping Season. Red fox may be trapped with foothold, cable restraint, or cage/box traps from November 1 through March 10.

4.13.3 Gray Fox Harvest Reporting. All gray fox taken, killed or captured pursuant to 7 Del.C. § 796 must be reported to the Division of Fish and Wildlife within 7 calendar days using its established reporting system.

4.14 Ruffed Grouse. It shall be unlawful for any person to hunt for ruffed grouse during any period of the year.

4.15 Snapping Turtles.

4.15.1 Season. It shall be unlawful for any person to hunt for snapping turtles during any period of the year, except between and including June 15 and May 15.

4.15.2 Size. It shall be unlawful for any person to sell, offer for sale or kill any snapping turtle with a straight-line carapace (top shell) length of less than eleven inches, measured on the curvature. This straight-line measurement is taken from the nuchal scute directly behind the turtle's head to the base of the notch where the two most posterior scutes meet over the tail.

4.16 Terrapin.

Season. It shall be unlawful for any person to hunt or trap for diamondback terrapin during any period of the year.

4.17 Muskrats

4.17.1 7 Day Season Extension. The Department may extend the muskrat trapping season 7 days if the Department determines that the statewide muskrat population can sustain additional harvest and the average mean temperature for February was below 300F or the total February snowfall exceeded 20 inches as determined by the National Weather Service station at Wilmington, Delaware.

4.17.2 14 Day Season Extension. The Department may extend the muskrat trapping season 14 days if the Department determines that the statewide muskrat population can sustain additional harvest and the average mean temperature for February was below 280F or the total February snowfall exceeded 32 inches as determined by the National Weather Service station at Wilmington, Delaware.

4.18 Mink. Mink may only be trapped during the lawful season to trap muskrats.

4.19 Otter. Otters may only be trapped during the lawful season to trap muskrats.

4.20 Chukar and Hungarian Partridge. Chukars and Hungarian Partridge may be hunted during the lawful season to hunt pheasants.

7 Del. Admin. Code § 3900-4.0

3 DE Reg. 289 (08/01/99)
3 DE Reg. 1738 (06/01/00)
6 DE Reg. 536 (10/01/02)
8 DE Reg. 352 (08/01/04)
11 DE Reg. 334 (09/01/07)
13 DE Reg. 941 (01/01/10)
14 DE Reg. 52 (07/01/10)
15 DE Reg. 1505 (04/01/12)
17 DE Reg. 746 (1/1/2014)
19 DE Reg. 927 (4/1/2016)
27 DE Reg. 874 (5/1/2024) (Final)