§ 715 — Possession of protected wildlife; prohibitions

(a) No person shall have more than 2 times the daily bag limit or creel limit of any game bird, game animal or game fish in that person’s possession at any 1 time when it is lawful to possess such wildlife, except that possession limits for game birds protected under the Migratory Bird Treaty Act [16 U.S.C. § 703 et seq.] shall be defined by federal regulations. Any game bird, game animal, or game fish that has been processed and stored for consumption at a person’s permanent residence shall not count against the person’s possession limit. Nothing in this section shall apply to terrapin lawfully taken and of lawful size, when it is lawful to have said animals, their meat and skins in possession.

(b) No person shall have in possession any game fish during the closed season for said fish, whether the same shall have been taken within or without the State, and no person shall at any time of the year barter, sell, offer for sale or buy any game birds, game animals or game fish protected by the laws of this State, and killed or caught either lawfully or unlawfully within or without this State, except always the muskrat, the snapping turtle and the diamond back terrapin trade during the seasons when it is lawful to have said animals and their meat in possession, and trading at any and all times in muskrat skins and other skins and in terrapin of lawful size which have been lawfully taken; and further except always hotels, restaurants, clubs and other food dispensers which may offer pheasants and quail for food consumption, provided, however, that every such food dispenser having pheasants and quail in its possession has an invoice covering the same showing purchase thereof from a licensed game breeder within or without this State, said invoice to have the game breeder’s license number on it.

(c) No person shall knowingly have in possession any game birds, animals or fish which have been unlawfully killed or taken, except when confiscated by the Department and when in the possession of the Department or when in the possession of those to whom the Department has given them.

(d) Whoever violates this section shall be guilty of a class C environmental violation for each offense. In addition to being fined and/or imprisoned, the violator shall be fined $25 for each game bird, game fish and game animal caught or killed illegally, purchased or offered to purchase, sold, offered for sale, bartered or exchanged, or taken or killed or found in possession in excess of the bag or creel limit.

Legislative History

Code 1915, § 2390; 31 Del. Laws, c. 51, § 2 ; 40 Del. Laws, c. 191, §§ 13, 14 ; Code 1935, § 2849; 7 Del. C. 1953, § 721; 49 Del. Laws, c. 29 ; 50 Del. Laws, c. 437, §§ 1, 2 ; 57 Del. Laws, c. 739, § 57 ; 60 Del. Laws, c. 493, § 3 ; 70 Del. Laws, c. 186, § 1 ; 70 Del. Laws, c. 275, §§ 56, 57, 71 ; 79 Del. Laws, c. 363, § 1 ; 79 Del. Laws, c. 421, § 3