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Delaware

TITLE 7. CONSERVATION PART I. GAME, WILDLIFE AND DOGS CHAPTER 6. ENDANGERED SPECIES

Statute Details
Printable Version
Citation: DE ST TI 7 601 - 605

Citation: 7 Del.C. 601 - 605


Last Checked by Web Center Staff: 09/2010

Summary:   Delaware prohibits the importation, transportation, possession, or sale of any part, hide or an endangered species of fish or wildlife. Delaware also prohibits the intent to import, transport, or sell any part or hide of an endangered species. The only lawful way to take an endangered species is by a license or permit from the Division of Fish and Wildlife and violation of this statute is a class A environmental misdemeanor.


Statute in Full:

§ 601. Importation of endangered species or hides, parts or articles made therefrom

§ 602. Sale of skins, bodies or animals of certain species prohibited

§ 603. Enforcement

§ 604. Permits for importation of certain fish or wildlife

§ 605. Penalty


 

§ 601 Importation of endangered species or hides, parts or articles made therefrom.

Notwithstanding any other provision of this title, the importation, transportation, possession or sale of any endangered species of fish or wildlife, or hides or other parts thereof, or the sale or possession with intent to sell any article made in whole or in part from the skin, hide or other parts of any endangered species of fish or wildlife is prohibited, except under license or permit from the Division of Fish and Wildlife. For the purposes of this section, endangered species shall mean those species of fish and wildlife designated by the Division of Fish and Wildlife as seriously threatened with extinction. Such a list shall in any event include, but not be limited to, endangered species as so designated by the Secretary of the Interior.

58 Laws 1971, ch. 65.

§ 602 Sale of skins, bodies or animals of certain species prohibited.

No part of the skin or body, whether raw or manufactured, of the following species of wild animals or the animal itself may be sold or offered for sale by any individual, firm, corporation, association or partnership within the State: All endangered species as designated by the United States Department of the Interior; leopard (panthera pardus); snow leopard (uncia uncia); clouded leopard (neofelis nebulosa); tiger (panthera tigris); cheetah (acinonyx jubatus); alligators, crocodiles or caiman; vicuna (vicugna vicugna); red wolf (canis niger); polar bear (thalarctos maritimus); and harp seals (phoca groenlandica).

58 Laws 1971, ch. 65; 58 Laws 1971, ch. 252, § 1.

§ 603 Enforcement.

Any officer or agent authorized by the Secretary of the Department of Natural Resources and Environmental Control or any officer or agent authorized by the Director of the Division of Fish and Wildlife, or any police officer of the State, or any police officer of any municipality within the State, has authority to execute any warrant in search for and seizure of any goods, merchandise or wildlife sold or offered for sale in violation of this chapter, or any property or item used in connection with a violation of this chapter; such goods, merchandise, wildlife or property shall be held pending proceedings in any court of proper jurisdiction. Upon conviction, such seized goods, merchandise or wildlife shall be forfeited and, upon forfeiture, either offered to a recognized institution for scientific or educational purposes, or destroyed.

58 Laws 1971, ch. 65.

§ 604 Permits for importation of certain fish or wildlife.

The Director of the Division of Fish and Wildlife may permit, under such terms and conditions as he or she may prescribe, the importation of any species or subspecies of fish or wildlife listed in this chapter for zoological, educational, and scientific purposes and for the propagation of such fish or wildlife in captivity for the preservation of a species, unless such importation is prohibited by any federal law or regulation.

58 Laws 1971, ch. 65; 70 Laws 1995, ch. 186, § 1, eff. July 10, 1995.

§ 605 Penalty.

Whoever violates this chapter shall be guilty of a class A environmental misdemeanor for each offense.

70 Laws 1995, ch. 275, § 42, eff. Sept. 1, 1996





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