7 Del. Admin. Code § 9201-21.0
Current through Register Vol. 28, No. 5, November 1, 2024
Section 9201-21.0 - Hunting, Fishing and Wildlife Management - Environmental D Violation21.1 It shall be unlawful to display, possess or discharge firearms of any description, air rifles, B.B. guns, sling shots, or archery equipment within designated areas administered by the Division, except with prior written approval of the Director, or as set forth below. 21.1.1 Designated areas shall include park offices, visitor centers, nature centers, bathhouses, restaurants and snack bars, stadiums and facilities while used for sporting events, concerts, and festivals, museums, zoos, stables, educational facilities, dormitories, playgrounds, swimming pools, guarded beaches, and water parks, and shall be identified by appropriate signage.21.1.2 The Director may grant written approval on a daily basis for the possession of firearms within designated areas, upon written application showing good cause related to self-defense or the defense of family, and due regard for the safety of others within the designated areas.21.1.3 Active duty and qualified retired law enforcement officers may possess firearms within areas administered by the Division, including designated areas.21.1.4 Delaware residents holding an active current permit to carry a concealed deadly weapon may carry a firearm within areas administered by the Division, including designated areas.21.1.5 Firearms may be carried within areas administered by the Division, outside of designated areas, by any person not prohibited by 11 Del.C. § 1448.21.1.6 Law enforcement officers may limit the discharge of firearms and the use of other weapons within areas administered by the Division, in order to protect public safety and preserve the peace.21.2 No person shall hunt, pursue, trap shoot, injure, kill or molest in any way by hand, gun, archery, equipment or dog any wild bird or animal on lands or waters administered by the Division, nor shall any person have any such wild bird or animal in his possession.21.3 Notwithstanding subsections 21.1 and 21.2 above, hunting may be permitted in certain areas at times authorized by the Division. Hunting shall be in accordance with State and Federal laws, rules and regulations. Those persons lawfully hunting in those areas specifically designated for hunting by the Division may possess and discharge authorized firearms for the purpose of lawfully hunting. Those persons lawfully hunting may possess such wild bird or animal hunted, pursued, trapped, injured or killed by gun, archery equipment or dog in areas designated by the Division for hunting when such hunting is lawful.21.4 A hunter registration card issued by the Division, in addition to a valid Delaware hunting license, is required for hunting on lands administered by the Division that are opened for hunting. Hunting registration cards shall be issued by the Park Administrator or Park Superintendent and shall be valid for the entire hunting season unless revoked for violations of hunting laws, rules or regulations. All hunting activities shall be regulated by the registration card and all card holders shall abide by the conditions of the registration card. This hunting registration card shall not be valid for deer hunting on any park where a drawing is held for assignment of deer stands or hunting areas. A special registration card is required in areas that regulate deer hunting by lottery. 21.4.1 In areas where elevated deer stands are provided or authorized, hunters must remain on their assigned stand during the shotgun season. Archery deer hunters must stay within the area assigned to their stand. Hunting programs in each State Park vary by season, method of take and other restrictions for that specific park. Hunters must follow Park specific requirements for use of hunting stands and designated hunting areas.21.4.2 Trapping is prohibited except for management purposes as authorized by the Director.21.4.3 Raccoon hunting is restricted to chase by dogs only, with firearms prohibited. Firearms are prohibited while raccoon hunting.21.5 Persons under the influence of alcoholic beverages, liquors or drugs or possessing and/or consuming alcoholic beverages, liquors or drugs shall not be permitted to hunt on Division lands.21.6 Fishing shall be permitted, in accordance with the laws and regulations as set forth by the Division of Fish and Wildlife. A General Fishing License (GFL) issued by the Division of Fish and Wildlife is required to fish from any lands or in any waters administered by the Division. 21.6.1 Fishing is not permitted in designated swimming areas.21.6.2 Fishing is prohibited from all piers, docks, bulkheads, and vessels within marina waters.21.6.3 It shall be unlawful for anyone to utilize an apparatus to cast a fishing hook or bait as a projectile by force of combustion, explosive, gas and/or mechanical means, or to possess such apparatus, whether operable or inoperable, loaded or unloaded.21.7 The disturbance of nesting or interference with the raising of young of wildlife, including amphibians, reptiles, birds or mammals on any lands or waters administered by the Division is prohibited unless authorized by the Director. 21.7.1 The heronry at Pea Patch Island Nature Preserve shall be closed to the public year round. Entry without specific prior written authorization by the Division Director is prohibited.21.8 No person, pet or vehicle shall be permitted to enter an area designated and posted by the Division as a bird-nesting/breeding area.21.9 It shall be prohibited for any person to bring in or otherwise introduce any species of domestic or wild animal onto lands administered by the Division.7 Del. Admin. Code § 9201-21.0
19 DE Reg. 854 (3/1/2016)<linebreak/>21 DE Reg. 890 (5/1/2018)<linebreak/>22 DE Reg. 779 (3/1/2019) (Final)