SS1FORSB212 • 2025

AN ACT PROPOSING AN AMENDMENT TO ARTICLE I OF THE DELAWARE CONSTITUTION RELATING TO HUNTING, FISHING, AND TRAPPING WILDLIFE.

Elections

Passed Legislature

This bill passed both chambers and reached final enrollment, even if later executive action is not shown here.

Sponsor: Wilson
Last action: 2026-05-20
Official status: Out of Committee 5/20/26
Effective date: Not listed

Plain English Breakdown

The candidate explanation included claims about hunting being preferred methods for wildlife management which are supported, but it was unclear if these statements needed to be removed as they are directly stated in the official summary.

Proposing Constitutional Changes for Hunting, Fishing, and Trapping Rights

This act proposes an amendment to Delaware's constitution to protect the right to hunt, fish, and trap wildlife while allowing regulations based on science and management practices.

What This Bill Does

Adds a new section to Article I of the Delaware Constitution that protects the right to hunt, fish, and trap wildlife.
Declares hunting, fishing, and trapping as preferred methods for managing wildlife in Delaware.
Allows the General Assembly to set laws and regulations related to hunting, fishing, and trapping based on science and management practices.

Who It Names or Affects

Delaware residents who hunt, fish, or trap wildlife
State agencies responsible for wildlife management

Terms To Know

Constitutional amendment: A change to the state's highest law that needs approval from a majority of voters.
General Assembly: The legislative body of Delaware, consisting of two houses: the Senate and the House of Representatives.

Limits and Unknowns

This amendment must pass again after the next general election to become part of the constitution.
It does not create new rights but confirms existing ones in the state's highest law.

Bill History

2026-05-20 Delaware General Assembly
Reported Out of Committee (Executive) in Senate with 1 Favorable, 4 On Its Merits
2026-04-02 Delaware General Assembly
Adopted in lieu of the original bill SB 212, and Assigned to Executive Committee in Senate

Official Summary Text

AN ACT PROPOSING AN AMENDMENT TO ARTICLE I OF THE DELAWARE CONSTITUTION RELATING TO HUNTING, FISHING, AND TRAPPING WILDLIFE.
This Act is a substitute for Senate Bill No. 212. Like Senate Bill No. 212, this Act is the first leg of a constitutional amendment to establish the right to hunt, fish, and trap wildlife in Delaware. Twenty-four other states have preserved the right to hunt, fish, and trap wildlife. This Act is modeled after the constitutional provisions of Idaho, Indiana, Kentucky, Louisiana, Minnesota, Tennessee, Virginia, and Vermont.

This Act specifically acknowledges Delaware’s valued, natural heritage of hunting, fishing, and trapping, and declares hunting, fishing, and trapping as the preferred methods of managing and controlling wildlife in this State.

This Act declares that it may not be applied to do any of the following:
(1) Limit the application of a law relating to trespass or property rights.
(2) Affect rights to divert, appropriate, or use water, or to establish a minimum amount of water in any water body.
(3) Lead to a diminution or abrogation of a public or private right or of the State’s power to regulate commercial activities.
(4) Prevent the suspension or revocation, under a law enacted by the General Assembly, of an individual’s hunting, fishing, or trapping license.
(5) Alter a burden of proof requirement otherwise established by law for a challenge to a law or regulation pertaining to hunting, fishing, or trapping the wildlife of this State.

This Act differs from Senate Bill No. 212 by doing the following:
(1) Removing language related to the use of "traditional methods" of hunting, fishing, or trapping.
(2) Providing clarity that after passage of this Act the General Assembly, and any state agency or local government authorized by the General Assembly, may continue to establish hunting, fishing, or trapping requirements based on the best available science and wildlife management practices, including requirements for humane methods of take or requirements for licenses or permits, bag limits, or other practices for managing wildlife.

Amending the Delaware Constitution requires not only the passing of the changes in this Act, but also passage of the same changes after the next general election by the next General Assembly.

This Act requires a greater than majority vote for passage because § 1 of Article XVI of the Delaware Constitution requires the affirmative vote of two-thirds of the members elected to each house of the General Assembly to amend the Delaware Constitution

Current Bill Text

Read the full stored bill text

Legislation Document

SPONSOR:

Sen. Wilson & Rep. Carson & Rep. Spiegelman

Sens. Buckson, Hocker, Hoffner, Pettyjohn; Reps. Berry, Hilovsky, Osienski, D. Short, Yearick

DELAWARE STATE SENATE

153rd GENERAL ASSEMBLY

SENATE SUBSTITUTE NO. 1

FOR

SENATE BILL NO. 212

AN ACT PROPOSING AN AMENDMENT TO ARTICLE I OF THE DELAWARE CONSTITUTION RELATING TO HUNTING, FISHING, AND TRAPPING WILDLIFE.

WHEREAS, the right to hunt, fish, and trap wildlife has been a presumptive right among Delawareans since colonial times; and

WHEREAS, these rights were assumed to belong to every law-abiding individual of proper age; and

WHEREAS, these rights have always been understood to be subject to certain limits and conditions; and

WHEREAS, it has long been understood that the State, and in some cases local governments, may set limits and regulations on hunting, fishing, and trapping wildlife, including establishing hunting, fishing, and trapping seasons and types of wildlife that can be sought by hunters, fishers, and trappers; and

WHEREAS, in an age when more and more of our long-held rights are being challenged by various groups and individuals in various ways and for various reasons, it seems timely to add this hallowed right to those that are spelled out Delaware’s constitution; and

WHEREAS, this Act does not seek to create any new rights, but rather to enshrine a right that has been part of our common heritage throughout our State’s history.

NOW, THEREFORE:

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE (Two-thirds of all members elected to each house thereof concurring therein):

Section 1. The General Assembly finds and declares all of the following:

(1) The right of an individual to hunt, fish, and trap wildlife is a valued part of Delaware’s natural heritage and is forever preserved for the public good.

(2) Hunting, fishing, and trapping wildlife is the preferred means of managing and controlling wildlife.

Section 2. Amend Article I of the Delaware Constitution by making deletions as shown by strike though and insertions as shown by underline as follows:

§ 22. Right to hunt, fish, and trap wildlife.

(a) Subject to subsections (b) and (c) of this Section, an individual has the right to hunt, fish, and trap wildlife in this State.

(b) The General Assembly may prescribe laws and, if authorized by the General Assembly by law, state agencies may adopt regulations and local governments may prescribe ordinances, to do all of the following:

(1) Promote wildlife protection, conservation, replenishment, and management in this State.

(2) Preserve the future of hunting, fishing, and trapping wildlife in this State.

(1) Limit the application of a law relating to trespass or property rights.

(2) Affect the rights to divert, appropriate, or use water, or to establish a minimum amount of water in any water body.

(3) Lead to a diminution or abrogation of a public right, private right, or this State’s power to regulate commercial activities.

(4) Prevent the suspension or revocation, under a law prescribed by the General Assembly, of an individual’s hunting, fishing, or trapping license.

(5) Alter a burden of proof requirement otherwise established by law for a challenge to a law or regulation pertaining to hunting, fishing, or trapping wildlife in this State.

(6) Restrict the ability of the General Assembly or, if authorized by the General Assembly by law, the ability of a state agency or local government to establish hunting, fishing, or trapping requirements using the best available science and wildlife management practices, including requirements for humane methods of take or requirements for licenses or permits, bag limits, or other practices for managing wildlife.

SYNOPSIS

This Act is a substitute for Senate Bill No. 212. Like Senate Bill No. 212, this Act is the first leg of a constitutional amendment to establish the right to hunt, fish, and trap wildlife in Delaware. Twenty-four other states have preserved the right to hunt, fish, and trap wildlife. This Act is modeled after the constitutional provisions of Idaho, Indiana, Kentucky, Louisiana, Minnesota, Tennessee, Virginia, and Vermont.

This Act declares that it may not be applied to do any of the following:

(1) Limit the application of a law relating to trespass or property rights.

(2) Affect rights to divert, appropriate, or use water, or to establish a minimum amount of water in any water body.

(3) Lead to a diminution or abrogation of a public or private right or of the State’s power to regulate commercial activities.

(4) Prevent the suspension or revocation, under a law enacted by the General Assembly, of an individual’s hunting, fishing, or trapping license.

(5) Alter a burden of proof requirement otherwise established by law for a challenge to a law or regulation pertaining to hunting, fishing, or trapping the wildlife of this State.

This Act differs from Senate Bill No. 212 by doing the following:

(1) Removing language related to the use of "traditional methods" of hunting, fishing, or trapping.

(2) Providing clarity that after passage of this Act the General Assembly, and any state agency or local government authorized by the General Assembly, may continue to establish hunting, fishing, or trapping requirements based on the best available science and wildlife management practices, including requirements for humane methods of take or requirements for licenses or permits, bag limits, or other practices for managing wildlife.

Amending the Delaware Constitution requires not only the passing of the changes in this Act, but also passage of the same changes after the next general election by the next General Assembly.

Author: Senator Wilson