Last updated March 2023

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Is a state permit required for banding?

Yes. The application form asks specifically about sacrifice, but a permit is required for all activities that involve capturing and handling a bird. On the application form, write n/a in response to questions about sacrificing animals. State that you are requesting permission to capture, mark, and release and provide details about species. Explain the project or attach a copy of your research proposal.

Permit application forms

• Application Form
• Renewal – use application form
• Threatened and Endangered – no separate form
• Salvage – request via letter transmitting permit application

State lands

Delaware Administrative Code
Title 7 Department of Natural Resources and Environmental Control
Subtitle 3900 Division of Fish and Wildlife
Section 8.

Trapping. It shall be unlawful for any person to trap or attempt to trap on areas administered by the Division, except for: persons holding a valid contract with the Division to do so; authorized agents of the Division who are conducting authorized wildlife management practices; or scientific purposes as specifically authorized in writing by the Director.

Prior notice

To be determined; even if not required, it is always best practice to give prior notice to the landowner or land manager to assure your own safety and the safety of the public

Policies

STATUTE: Delaware Code, Title 7 Conservation, Chapter 5 Licenses

Subchapter IV. Taking Protected Wildlife, Finfish and Shellfish for Scientific, Education or Propagating Purposes

§ 555 Permit to collect protected wildlife, finfish, shellfish or their nests or eggs for scientific, education or propagating purposes.

(a) No person or persons shall take, capture, have in possession or transport protected wildlife, finfish, shellfish, or their nests or eggs for scientific, education or propagating purposes except as authorized by a permit from the Director of the Division of Fish and Wildlife in accordance with existing laws and regulations.

(b) Permits issued under this section may establish any conditions and/or restrictions deemed appropriate by the Division of Fish and Wildlife.

(c) No protected wildlife, finfish, shellfish or their eggs held in captivity under said permit shall be confined under inhumane or unsanitary conditions.

(d) Each permit issued under this section shall expire on the date set forth in the permit, or on the last day of the calendar year in which it is issued if no date is set forth in the permit. Permits are revocable at the discretion of the Director of the Division of Fish and Wildlife.

(e) Each person receiving a permit under this section must file with the Division of Fish and Wildlife a report within 30 days after the expiration date of said permit.

(f) Whoever violates this section or any rule and regulation adopted pursuant to this section shall be guilty of a class C environmental violation for each offense.

REGULATIONS

15.0 Collection or Sale of Native Wildlife (Penalty Section 7 Del.C. §103(d)) 15.1 Commercial Collection. 15.1.1 Unless otherwise provided by law or regulation of the Department, it shall be unlawful for any person to collect, possess, import, cause to be imported, export, cause to be exported, buy, sell or offer for sale any native wildlife species or any part thereof for commercial purposes without a permit from the Director

ENDANGERED SPECIES

Delaware has its own endangered species statute.

Delaware Code, Title 7 Conservation

Chapter 6 Endangered Species

§ 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.

Regulation

16.1 Importation, Transportation and Possession.

16.1.1 Pursuant to ß601 of Title 7, 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 endangered species of fish or wildlife is prohibited, except under license or permit from the Division.

Birds

* Pied-billed Grebe (Podilymbus podiceps)
*Northern Harrier (Circus cyaneus)
*Broad-winged Hawk (Buteo platypterus)
Black-Crowned Night-Heron (Nycticorax nycticorax)
Yellow-Crowned Night- Heron (Nyctanassa violacea)
American Kestrel (Falco sparverius)
Red Knot  (Calidris canutus)
Piping Plover (Charadrius melodus)
*Short-eared Owl (Asio flammeus)
American Oystercatcher (Haematopus palliatus)
Black Rail (Laterallus jamaicensis)
Upland Sandpiper (Bartramia longicauda)
Black Skimmer (Rynchops niger)
Henslow’s Sparrow (Ammodramus henslowii)
*Common Tern (Sterna hirundo)
*Forster’s Tern (Sterna forsteri)
Least Tern (Sterna antillarum)
Cerulean Warbler (Setophaga cerulea)
*Hooded Warbler (Setophaga citrina)
*Swainson’s Warbler (Limnothlypis swainsonii)
Sedge Wren (Cistothorus platensis)

*breeding population only