Delaware Code Title 7. Conservation § 788. Exceptions to the prohibition against the killing of red fox

(a) Notwithstanding § 703(2) of this title, red foxes may be harvested statewide.  The Department shall establish the season structure and framework through regulations promulgated pursuant to Chapter 101, Administrative Procedures Act, of Title 29.

(b) Notwithstanding § 703(2) of this title, the Department may issue a permit to a private landowner authorizing the landowner to manage red foxes on his or her property, provided there is a wildlife management plan for the property, the wildlife management plan has been approved by the Department, and a reduction in the number of foxes was recommended by such plan.  The permit shall specify the time during which, the means and methods by which, and the person or persons by whom the red foxes may be killed or captured.  The Department shall not charge a fee for the issuance of a permit under this section.

(c) Nothing in this chapter shall be construed to prevent the killing of a red fox by the owner of poultry if such fox is in the act of attacking such poultry.  Such person may kill such foxes within a reasonable time after the pursuit, killing or carrying away of the poultry.

(d) Notwithstanding anything to the contrary contained in this chapter, it shall be lawful to possess, buy and sell the hides of red foxes which are legally taken in Delaware or in another state.