Sections
Subchapter I General Provisions 701 – 726
Subchapter II Wild Birds Other Than Game Birds, Migratory Wild Fowl 734 – 741
Subchapter III Muskrats 750 – 758
Subchapter IV Rabbits 767 – 771
Subchapter V Terrapin 781 – 784
Subchapter VI Other Game and Fish 786 – 796
Subchapter VII Woodchuck or Groundhog 797 – 798
Subchapter VIII Non-native Wildlife 800 – 802

Terms Used In Delaware Code > Title 7 > Chapter 7 - Regulations and Prohibitions Concerning Game and Fish

  • Adjudicative proceeding: means any judicial or quasi-judicial proceeding in which the rights of parties are determined but does not include any proceeding of a grand jury. See Delaware Code Title 10 Sec. 4320
  • Advertisement: means all representations, other than those on the label, disseminated in any manner or by any means, relating to seed under this chapter that is offered for sale or distribution. See Delaware Code Title 3 Sec. 1501
  • Advice and consent: Under the Constitution, presidential nominations for executive and judicial posts take effect only when confirmed by the Senate, and international treaties become effective only when the Senate approves them by a two-thirds vote.
  • Agricultural products: includes all agricultural, horticultural, vegetable, fruit and floricultural products of the soil, livestock and meats, wool, hides, poultry, eggs, dairy products, nuts, mushrooms and honey, but does not include timber products. See Delaware Code Title 3 Sec. 8501
  • Agricultural seed: includes the seeds of grass, forage, cereal, and fiber crops and other kinds of seeds commonly recognized within this State as agricultural seeds, lawn seeds, and mixes of these seeds, and may include noxious weed seeds when the Department determines that noxious weed seed is being used as agricultural seed. See Delaware Code Title 3 Sec. 1501
  • Amortization: Paying off a loan by regular installments.
  • Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
  • Aquaculture: means the controlled propagation, growth, harvest and subsequent commerce in cultured aquatic stock by an aquaculturist. See Delaware Code Title 3 Sec. 403
  • Aquaculture facility: means any water system and associated infrastructures capable of holding and/or producing cultured aquatic stock. See Delaware Code Title 3 Sec. 403
  • Arrest: Taking physical custody of a person by lawful authority.
  • Association: means a corporation formed under this chapter. See Delaware Code Title 3 Sec. 8501
  • Bail: Security given for the release of a criminal defendant or witness from legal custody (usually in the form of money) to secure his/her appearance on the day and time appointed.
  • Certifying agency: means either of the following:

    a. See Delaware Code Title 3 Sec. 1501

  • Chief judge: The judge who has primary responsibility for the administration of a court but also decides cases; chief judges are determined by seniority.
  • Child: means a person who has not reached the age of 18 years. See Delaware Code Title 1 Sec. 302
  • Child: includes an illegitimate child. See Delaware Code Title 10 Sec. 3721
  • Commission: means the Alcoholic Beverage Control Commission. See Delaware Code Title 3 Sec. 603
  • Commissioner: means a judicial officer of a particular court authorized to perform the judicial powers and duties of the court in issuing warrants in criminal cases and the fixing and approving of bail. See Delaware Code Title 10 Sec. 1990
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Contract: A legal written agreement that becomes binding when signed.
  • Conviction: A judgement of guilt against a criminal defendant.
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • courts: means such court or courts as established by the General Assembly in accordance with article IV, § 1 (Judiciary) of the Constitution of this State. See Delaware Code Title 10 Sec. 1990
  • Cultured aquatic stock: means aquatic organisms, lawfully acquired by an aquaculturist that are held and grown in a registered aquaculture facility. See Delaware Code Title 3 Sec. 403
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Deed: The legal instrument used to transfer title in real property from one person to another.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Department: means the Department of Agriculture. See Delaware Code Title 3 Sec. 403
  • Department: means the Department of Agriculture. See Delaware Code Title 3 Sec. 603
  • Department: means the Department of Agriculture. See Delaware Code Title 3 Sec. 1501
  • Deposition: An oral statement made before an officer authorized by law to administer oaths. Such statements are often taken to examine potential witnesses, to obtain discovery, or to be used later in trial.
  • Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
  • Distinct: means the variety can be differentiated by 1 or more identifiable morphological, physiological, or other characteristics from all other varieties of public knowledge. See Delaware Code Title 3 Sec. 1501
  • dollars: means lawful money of the United States. See Delaware Code Title 1 Sec. 302
  • Donor: The person who makes a gift.
  • Employee: means a person acting on behalf of a governmental entity in any official capacity, whether temporarily or permanently, and whether with or without compensation from local, state or federal funds, including elected or appointed officials, volunteer firefighters and rescue squad members where the rescue squad receives full or partial financial support from political subdivisions or from the State, but the term "employee" shall not mean a person or other legal entity acting in the capacity of an independent contractor under contract to the governmental entity. See Delaware Code Title 10 Sec. 4010
  • Entitlement: A Federal program or provision of law that requires payments to any person or unit of government that meets the eligibility criteria established by law. Entitlements constitute a binding obligation on the part of the Federal Government, and eligible recipients have legal recourse if the obligation is not fulfilled. Social Security and veterans' compensation and pensions are examples of entitlement programs.
  • Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Fee simple: Absolute title to property with no limitations or restrictions regarding the person who may inherit it.
  • Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
  • Flower seeds: includes seeds of herbaceous plants grown for their blooms, ornamental foliage or other ornamental parts, and commonly known and sold under the name of flower seeds in this State. See Delaware Code Title 3 Sec. 1501
  • Fraud: Intentional deception resulting in injury to another.
  • Freedom of Information Act: A federal law that mandates that all the records created and kept by federal agencies in the executive branch of government must be open for public inspection and copying. The only exceptions are those records that fall into one of nine exempted categories listed in the statute. Source: OCC
  • Germination: means the percentage of seeds capable of producing normal seedlings under ordinarily, favorable conditions, not including seeds which produce weak, malformed, or obviously abnormal sprouts. See Delaware Code Title 3 Sec. 1501
  • Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
  • Governing body: means the town council, city council, commissioners or other legislative body charged with governing the municipality, or Levy Court Commissioners, or other legislative body charged with governing the county. See Delaware Code Title 10 Sec. 1990
  • Governmental entity: means any municipality, town, county, administrative entity or instrumentality created pursuant to Chapter 8 of Title 22 or Title 9, any municipality created by a special act of the General Assembly, any housing authority created pursuant to Chapter 43 of Title 31, any parking authority created pursuant to Chapter 5 of Title 22, any municipal business improvement district authority created pursuant to Chapter 15 of Title 22 and all registered volunteer fire companies and volunteer rescue squads. See Delaware Code Title 10 Sec. 4010
  • Grand jury: agreement providing that a lender will delay exercising its rights (in the case of a mortgage,
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • Hard seed: means the percentage of seeds which, because of hardness or impermeability, do not absorb moisture or germinate under prescribed tests but remain hard during the period prescribed for germination of the kind of seed concerned. See Delaware Code Title 3 Sec. 1501
  • Hybrid: means the first generation seed of a cross produced by controlling the pollination and by combining any of the following:

    1. See Delaware Code Title 3 Sec. 1501

  • Information: means any oral, written or pictorial material and includes, but is not limited to, documents, electronic impulses, expressions of opinion, films, photographs, sound records, and statistical data. See Delaware Code Title 10 Sec. 4320
  • Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
  • Interest rate: The amount paid by a borrower to a lender in exchange for the use of the lender's money for a certain period of time. Interest is paid on loans or on debt instruments, such as notes or bonds, either at regular intervals or as part of a lump sum payment when the issue matures. Source: OCC
  • Interrogatories: Written questions asked by one party of an opposing party, who must answer them in writing under oath; a discovery device in a lawsuit.
  • Kind: means 1 or more related species or subspecies that singly or collectively is known by 1 common name, such as corn, oats, alfalfa, and timothy. See Delaware Code Title 3 Sec. 1501
  • Labeling: means all labels, in any form, including written, printed, or graphic representations, that accompany or pertain to any seed, whether in bulk, in containers, or as representations on invoices. See Delaware Code Title 3 Sec. 1501
  • Lawsuit: A legal action started by a plaintiff against a defendant based on a complaint that the defendant failed to perform a legal duty, resulting in harm to the plaintiff.
  • Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • Lot: means a definite quantity of seed identified by a lot number or other mark, in which every portion or bag is uniform within recognized tolerances for the factors in the labeling. See Delaware Code Title 3 Sec. 1501
  • Month: means a calendar month, unless otherwise expressed. See Delaware Code Title 1 Sec. 302
  • National Bank: A bank that is subject to the supervision of the Comptroller of the Currency. The Office of the Comptroller of the Currency is a bureau of the U.S. Treasury Department. A national bank can be recognized because it must have "national" or "national association" in its name. Source: OCC
  • Oath: includes affirmation in all cases where an affirmation may be substituted for an oath, and "sworn" includes affirmed; and the forms shall be varied accordingly. See Delaware Code Title 1 Sec. 302
  • Oath: A promise to tell the truth.
  • Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
  • Origin: means the state or foreign country, or the designated portion of a state or foreign country, where the seed was grown. See Delaware Code Title 3 Sec. 1501
  • Parent: includes the mother and father of a deceased illegitimate child. See Delaware Code Title 10 Sec. 3721
  • Patron: means a person engaged in agriculture whose products are sold by or supplies purchased through the association, or who has executed a contract with the association to sell all or a part of the patron's agricultural products to or through the association. See Delaware Code Title 3 Sec. 8501
  • Person: includes any individual, partnership, corporation, company, society, or association. See Delaware Code Title 3 Sec. 1501
  • Person: includes an individual, receiver, trustee, guardian, executor, administrator, fiduciary or representative of any kind, or any partnership, firm, association, public or private corporation, or any other entity. See Delaware Code Title 10 Sec. 3721
  • Person: means individual, corporation, statutory trust, business trust, estate, trust, partnership or association, governmental body, or any other legal entity. See Delaware Code Title 10 Sec. 4320
  • Plaintiff: The person who files the complaint in a civil lawsuit.
  • Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
  • Pure seed: means seed exclusive of inert matter and other seeds, as determined by methods under regulations promulgated under this chapter. See Delaware Code Title 3 Sec. 1501
  • Record: includes all information relating to a shipment and a file sample of each lot of seed. See Delaware Code Title 3 Sec. 1501
  • Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
  • Reporter: Makes a record of court proceedings and prepares a transcript, and also publishes the court's opinions or decisions (in the courts of appeals).
  • Reporter: means any journalist, scholar, educator, polemicist, or other individual who either:

    a. See Delaware Code Title 10 Sec. 4320

  • Right of survivorship: The ownership rights that result in the acquisition of title to property by reason of having survived other co-owners.
  • Secretary: means the Secretary of the Department of Agriculture. See Delaware Code Title 3 Sec. 603
  • Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
  • Source: means a person from whom a reporter obtained information by means of written or spoken communication or the transfer of physical objects, but does not include a person from whom a reporter obtained information by means of personal observation unaccompanied by any other form of communication and does not include a person from whom another person who is not a reporter obtained information, even if the information was ultimately obtained by a reporter. See Delaware Code Title 10 Sec. 4320
  • Stable: means the variety will remain unchanged in its essential and distinctive characteristics and remain uniform when reproduced or reconstituted. See Delaware Code Title 3 Sec. 1501
  • State: means the State of Delaware; and when applied to different parts of the United States, it includes the District of Columbia and the several territories and possessions of the United States. See Delaware Code Title 1 Sec. 302
  • Statute: A law passed by a legislature.
  • Statute of limitations: A law that sets the time within which parties must take action to enforce their rights.
  • Stop sale: means an administrative order restraining the sale, use, disposition, and movement of a definite amount of seed. See Delaware Code Title 3 Sec. 1501
  • Subpoena: A command to a witness to appear and give testimony.
  • Summons: Another word for subpoena used by the criminal justice system.
  • Testify: Answer questions in court.
  • Testify: means give testimony, provide tangible evidence, submit to a deposition, or answer interrogatories. See Delaware Code Title 10 Sec. 4320
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
  • Tort: A civil wrong or breach of a duty to another person, as outlined by law. A very common tort is negligent operation of a motor vehicle that results in property damage and personal injury in an automobile accident.
  • Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.
  • Treated: means that the seed has received an application of a substance, or that it has been subjected to a process for which a claim is made. See Delaware Code Title 3 Sec. 1501
  • Tree and shrub seeds: includes seeds of woody plants commonly known and sold as tree and shrub seeds in this State. See Delaware Code Title 3 Sec. 1501
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
  • Type: means a group of varieties so nearly similar that the individual varieties cannot be clearly differentiated except under special conditions. See Delaware Code Title 3 Sec. 1501
  • Uniform: means the variations in essential and distinctive characteristics are describable. See Delaware Code Title 3 Sec. 1501
  • United States: includes its territories and possessions and the District of Columbia. See Delaware Code Title 1 Sec. 302
  • Variety: means a subdivision of a kind that is distinct, uniform, and stable, defined as follows:

    a. See Delaware Code Title 3 Sec. 1501

  • Vegetable seeds: includes the seeds of those crops which are grown in gardens or truck farms and are generally known and sold under the name of vegetable seeds in this State. See Delaware Code Title 3 Sec. 1501
  • Verdict: The decision of a petit jury or a judge.
  • Viticulture: means the cultivation, production or marketing of any grape variety that is cultivated, produced or marketed as a cultivated crop in this State. See Delaware Code Title 3 Sec. 603
  • Weed seeds: includes the seeds of all plants generally recognized as weeds within this State and includes noxious weed seeds. See Delaware Code Title 3 Sec. 1501
  • Within the scope of his or her professional activities: means any situation, including a social gathering, in which the reporter obtains information for the purpose of disseminating it to the public, but does not include any situation in which the reporter intentionally conceals from the source the fact that he or she is a reporter and does not include any situation in which the reporter is an eyewitness to or participant in an act involving physical violence or property damage. See Delaware Code Title 10 Sec. 4320
  • Wrongful act: means an act, neglect or default including a felonious act which would have entitled the party injured to maintain an action and recover damages if death had not ensued. See Delaware Code Title 10 Sec. 3721