DOVER, DE- A bipartisan bill was introduced Thursday in the Delaware General Assembly that would enshrine the rights to hunt, fish, and trap by amending the state constitution.
Senate Bill 212 recognizes hunting, fishing and trapping as part of Delaware’s natural heritage and as tools for wildlife management and population control. The proposal mirrors constitutional language adopted in 21 other states, including Idaho, Indiana, Kentucky, Louisiana, Minnesota, Tennessee, Virginia and Vermont.
While establishing a constitutional right, the bill includes safeguards: it would not weaken trespass or private property laws, interfere with water rights or commercial regulations, or reduce the state's authority over hunting, fishing or trapping licenses. Legal standards for challenging wildlife-related laws in court would also remain unchanged.
Katie Pawley, who runs Smyrna Sporting Goods, said hunting has been part of her family for generations.
"For a lot of people, this is the way of life. It's been their family for generations. I mean, this is like the hunting capital of Delaware right here, Kent, Sussex County — we need to protect it so that these rights are here for all of us and for that next generation."
Just down the road at Red Mill Tackle, Kenneth Reynolds Sr. said the same traditions have shaped his life.
"As a long-time Delaware resident, lifelong resident, and also a lifelong hunter, trapper, fisherman, it would be nice to protect that, you know, without extraordinary changes in laws."
Rep. Lyndon Yearick, a co-sponsor of Senate Bill 212, said enshrining the right to hunt, fish and trap in the constitution is necessary to preserve these traditions for future generations.
"We want to encourage and maintain the legacy of legal hunting, fishing, trapping, and an ability to enjoy the great outdoors."
The bill follows a 2022 law that required hunters ages 18 to 20 to be supervised by someone 21 or older. Supporters of the law said it was needed for safety, while critics, including Yearick and members of the hunting, fishing, and trapping community, said it imposed restrictions on those rights.
Although the 2022 supervision law was struck down earlier this year, Yearick said it underscores the need for constitutional protection to prevent future restrictions on hunting, fishing and trapping.
"Once it's in the constitution, it's very, you know, almost concrete regarding how it's going to stay within the state and the amendments to get changed. They can be added to; however, it was just to demonstrate its significance. And really, again, trying to protect and preserve the legacy of hunting and fishing."
Reynolds agreed, saying the amendment is needed not just for today, but to safeguard Delaware's hunting, fishing and trapping traditions for the future.
"I am seeing a younger generation becoming very interested in hunting, and I'm sure down the road they're going to have children, and it would be nice to protect this young generation so that it becomes a constitutional right. Not something that can be infringed upon."
The proposal has been introduced in the Senate and sent to committee. As a constitutional amendment, it must pass twice — first by the current General Assembly and again by the next General Assembly after the next general election — with two-thirds approval in both the House and Senate before it can become law.
