A Guide to the Delaware Nongame & Endangered Species Conservation Act Requirements, Process, and Compliance

The Delaware Nongame & Endangered Species Conservation Act plays a critical role in safeguarding the state's biodiversity and ensuring the long-term survival of its most vulnerable species. This comprehensive guide provides a deep dive into the Act's applicability, compliance obligations, and enforcement mechanisms, offering valuable insights for navigating the complexities of conservation-related regulations. By exploring the Act's structure, key provisions, and recent developments, readers will gain a clear understanding of the regulatory landscape and learn strategies for effectively managing projects while minimizing potential impacts on protected species and their habitats. With a focus on practical guidance and real-world examples, this guide serves as an essential resource for proactively addressing conservation challenges and ensuring the successful implementation of environmentally responsible development projects in Delaware.

GENERAL INFORMATION

Key Details of the Delaware Nongame & Endangered Species Conservation Act

Issuing Agency: Delaware Department of Natural Resources and Environmental Control
Year Established: 1981
Last Amended: 2016[^1]
Statutory Authority: Delaware Nongame and Endangered Species Conservation Act, Title 7, Delaware Code, Chapter 6, Subchapter V
Primary Legal Reference: Title 7, Delaware Code, Sections 601-605

Overview of the Delaware Nongame & Endangered Species Conservation Act

The Delaware Nongame & Endangered Species Conservation Act is a state-level regulation that operates within the broader framework of Delaware's environmental laws. It is administered and enforced by the Delaware Department of Natural Resources and Environmental Control.

The primary goal of this act is to protect and conserve nongame and endangered species within the state of Delaware. It addresses the need for state-level protections for species that are not covered under federal regulations such as the Endangered Species Act.

Enacted in 1981, the act has undergone several amendments, most recently in 2016.[^1] The act achieves its goals by prohibiting the taking, transportation, possession, or sale of any species designated as endangered within Delaware, unless permitted by the Department for scientific or educational purposes.

The act applies to all lands and waters within the state of Delaware and to all individuals, organizations, and businesses operating within the state.

What does the Delaware Nongame & Endangered Species Conservation Act protect?

The Delaware Nongame & Endangered Species Conservation Act protects nongame and endangered species within the state of Delaware. Nongame species are defined as any wild mammal, bird, amphibian, reptile, fish, mollusk, crustacean, or other wild animal not normally harvested in the state. Endangered species are those designated by the Department as being in danger of extinction throughout all or a significant portion of their range within the state.

The act protects these species from being taken, transported, possessed, or sold within the state, unless permitted by the Department for scientific or educational purposes. This protection helps to conserve these, promoting biodiversity within Delaware's ecosystems.

[^1]: Delaware General Assembly. (2016). HOUSE BILL NO. 335. https://legis.delaware.gov/BillDetail?LegislationId=24689

REGULATORY SCOPE & JURISDICTION

Regulated Activities & Entities

The Delaware Nongame & Endangered Species Conservation Act (the Act) is a comprehensive state law that aims to protect and conserve nongame and endangered species within the state of Delaware. The Act regulates various activities and entities that may impact these protected species, including construction, land development, forestry, agriculture, and other industries operating in areas where nongame or endangered species are present.¹

Under the Act, the following activities are prohibited without proper authorization:²

1. Taking, transporting, possessing, or selling any nongame or endangered species listed under the Act.
2. Damaging, destroying, or interfering with the habitat of any listed species.
3. Conducting any activity that is likely to jeopardize the continued existence of a listed species or result in the destruction or adverse modification of its habitat.

These prohibitions are put in place to protect the state's biodiversity and ensure the survival of species that are at risk of extinction. By regulating activities that may harm nongame and endangered species or their habitats, the Act seeks to maintain the ecological balance and preserve these species for future generations.³

Structure and Key Provisions

The Delaware Nongame & Endangered Species Conservation Act is structured into several key sections that outline its purpose, definitions, prohibitions, permitting requirements, and enforcement provisions. Some of the most important sections include:⁴

Section 201: Definitions

This section provides definitions for key terms used throughout the Act, such as "endangered species," "nongame species," "take," and "habitat."

Section 203: Prohibited Acts

This section outlines the activities that are prohibited under the Act, including taking, transporting, possessing, or selling listed species, as well as damaging or destroying their habitat.

Section 205: Permits

This section establishes the permitting system for activities that may impact nongame or endangered species. It outlines the criteria for obtaining a permit, the application process, and the conditions under which a permit may be granted.

Section 207: Enforcement

This section addresses the enforcement of the Act, including penalties for violations, the authority of enforcement officers, and the process for appealing enforcement actions.

While this overview provides a general understanding of the Act's structure and key provisions, it is essential for project proponents to consult the full text of the regulation and engage with the Delaware Division of Fish and Wildlife for project-specific guidance. The Division can provide valuable assistance in determining how the Act applies to a particular project and navigating the permitting process.⁵

COMPLIANCE REQUIREMENTS & STANDARDS

Regulatory Standards & Limitations

The Delaware Nongame & Endangered Species Conservation Act establishes various standards and limitations to protect and conserve nongame and endangered species within the state. These standards may include restrictions on the taking, possession, transportation, exportation, processing, sale, or offer for sale of any nongame or endangered species⁶. The Act also provides for the establishment of management programs and conservation practices to ensure the long-term viability of these species⁷.

Monitoring, Reporting & Recordkeeping Obligations

Under the Delaware Nongame & Endangered Species Conservation Act, regulated entities may be required to conduct monitoring, reporting, and recordkeeping related to their activities that potentially impact nongame or endangered species. These obligations may include surveys to identify the presence of protected species, regular reporting on the status of conservation measures, and maintaining records of compliance efforts⁸.

Enforcement Actions & Penalties

The Delaware Nongame & Endangered Species Conservation Act provides for various enforcement actions and penalties in cases of violation. These may include notices of violation, administrative orders, and civil or criminal penalties⁹. The severity of the enforcement action depends on factors such as the nature and extent of the violation, the potential harm to protected species, and the violator's compliance history¹⁰. It is essential to consult the full text of the Act and work closely with DNREC to understand the specific enforcement provisions and penalty structures that may apply to a given project¹¹.

ADDITIONAL RESOURCES

Recent Developments & Regulatory Outlook

The Delaware Nongame & Endangered Species Conservation Act has undergone several significant developments in recent years. In 2016, the Delaware General Assembly passed Senate Bill 266, which amended the act to provide greater protections for threatened and endangered species and their habitats.¹² The bill also established a new permitting process for activities that may impact protected species, requiring developers and other stakeholders to obtain an Incidental Take Permit before proceeding with projects that could harm listed species.

Another notable development occurred in 2018 when the Delaware Department of Natural Resources and Environmental Control (DNREC) updated its list of threatened and endangered species, adding several new species and updating the status of others based on the latest scientific data. This update has important implications for developers and environmental consultants, as it may affect the scope of projects subject to the act's requirements.

Looking ahead, there are several proposed regulatory changes and policy initiatives that could further shape the implementation of the Delaware Nongame & Endangered Species Conservation Act. DNREC is currently considering amendments to the act's implementing regulations, which would clarify the permitting process and provide additional guidance on mitigation requirements.¹³ Additionally, the agency is working on a comprehensive statewide habitat conservation plan that would streamline the permitting process for certain projects while ensuring the protection of critical habitats.¹⁴

To stay informed about these and other developments, stakeholders should regularly monitor the DNREC website, particularly the Division of Fish and Wildlife's Nongame and Endangered Species Program page.¹⁵ The agency also maintains a mailing list for interested parties, which provides updates on regulatory changes, public meetings, and other relevant news.¹⁶ Industry associations, such as the Delaware Builders Association and the Delaware Association of Environmental Professionals, can also be valuable resources for staying up-to-date on the latest developments related to the Delaware Nongame & Endangered Species Conservation Act.

Additional Resources

• Delaware Nongame & Endangered Species Conservation Act Full Text: The complete text of the act, including all amendments, as provided by the Delaware Code Online.

• DNREC Nongame and Endangered Species Program: The official website of the Delaware Department of Natural Resources and Environmental Control's Nongame and Endangered Species Program, offering information on listed species, permitting requirements, and conservation efforts.

• Delaware Ecological Network: A Statewide Approach to Conservation: A report by DNREC outlining the state's approach to habitat conservation and its implications for land-use planning and development projects.