Endangered Animals in Delaware: Species at Risk and What the Law Says

Delaware may be the second-smallest state in the country, but it carries an outsized conservation burden. A total of 90 kinds of animals that can be found in Delaware — from bats to moths to whales — are considered endangered by the Delaware Department of Natural Resources and Environmental Control. That’s a striking number for a state you can drive across in under an hour.

If you live, work, or spend time outdoors in Delaware, understanding which animals are at risk and what the law requires of you matters more than you might think. The rules surrounding endangered and extinct animals are often more far-reaching than people expect — applying to private land, accidental disturbances, and even habitat modification.

This article walks you through how species get listed and protected in Delaware, which animals are currently at risk, what you’re legally prohibited from doing around them, and how to report a sighting responsibly.

Key Insight: Delaware is home to more than 2,800 known animal species, and around a quarter of them are considered Species of Greatest Conservation Need — meaning they may be at risk now or in the near future.

How Endangered Species Are Listed and Protected in Delaware

Native wildlife species that are in danger of becoming extinct in Delaware may be listed as Endangered by the Division of Fish and Wildlife. This listing process is the foundation of the state’s conservation framework, and it determines which animals receive legal protections under Delaware law.

To help prevent species from becoming endangered, Delaware currently has a Wildlife Action Plan in place for restoring and maintaining important habitats and dwindling populations of the state’s wildlife species. This plan — known as the Delaware Wildlife Action Plan (DEWAP) — is updated every ten years and serves as the blueprint for conservation priorities statewide.

The draft Wildlife Action Plan identifies and prioritizes 1,009 species in Delaware, placing them in several different tiers. The rarest species are prioritized at Tier 1, meaning they are most in need of conservation. Every species classified as endangered by DNREC falls into this category, including carpenter frogs, saltmarsh sparrows, and tricolored bats, each of which gained this status recently.

• Tier 1: State-endangered species — highest conservation priority
• Tier 2: Species of moderate conservation concern
• Tier 3: Still relatively common but potentially declining or locally significant

Common stressors on species include loss of habitat due to climate change and development, as well as disease and the appearance or spreading of invasive species. These are the primary drivers behind most listings in Delaware today.

Pro Tip: You can find Delaware’s current endangered species list and the full Wildlife Action Plan on the DNREC Division of Fish and Wildlife website. It’s regularly updated as species statuses change.

Federally Listed vs. State-Listed Endangered Animals in Delaware

One of the most important distinctions to understand is the difference between a federally listed and a state-listed endangered species. These two categories operate under separate legal systems and don’t always overlap.

As well as the state-listed endangered species, 26 different animals found in Delaware are considered federally endangered, granting them protection from harm under the federal Endangered Species Act. Eighteen of those 26 overlap with the state list, leaving eight species that are officially endangered but are very infrequent visitors to Delaware.

The federal Endangered Species Act (ESA) of 1973 is administered jointly by two agencies. The U.S. Fish & Wildlife Service (FWS) has jurisdiction over terrestrial and freshwater species, whereas the National Marine Fisheries Service (NMFS) has jurisdiction over marine wildlife and anadromous fish.

The state list, by contrast, is managed by DNREC’s Division of Fish and Wildlife and is specifically tailored to species that can be meaningfully protected within Delaware’s borders. Delaware’s state endangered species list primarily focuses on those species that could be meaningfully protected or conserved in the state, and for which substantial declines have been noticed locally.

Feature	Federal (ESA) Listing	Delaware State Listing
Governing Body	U.S. Fish & Wildlife Service / NMFS	DNREC Division of Fish and Wildlife
Number of Species in Delaware	26 federally listed animals	90 state-listed animals
Overlap	18 species appear on both lists
Applies To	All U.S. lands and waters	Species with meaningful local conservation value
Legal Framework	Endangered Species Act of 1973	Delaware Wildlife Action Plan + state code

It’s also worth knowing that some species receive protections beyond the ESA. For example, bald eagles were officially removed from the U.S. Fish and Wildlife’s endangered species list in 2007, but are still protected under the Bald and Golden Eagle Protection Act and the Migratory Bird Treaty Act. So even a “delisted” species may still carry significant legal protections.

If you’re curious how Delaware’s situation compares to neighboring states, you can explore endangered animals in Virginia or endangered animals in West Virginia for regional context.

Notable Endangered Animals Found in Delaware

Whether because of climate change, invasive species, urban development, disease, or other causes, 90 kinds of animals found in Delaware — from bats to moths to whales — are considered endangered by DNREC. These birds, mammals, amphibians, reptiles, fish, mollusks, and insects on Delaware’s state endangered species list are at risk of vanishing from the First State. Below are some of the most notable species you may encounter.

American Kestrel

Once a popular sight in the skies over Delaware, the American Kestrel was placed on Delaware’s endangered species list in 2013 following a steady decline. Populations of the bird of prey have dropped more than 93% over the last 50 years in the mid-Atlantic region. Factors contributing to its decline include loss of nesting sites, insecticide and rodenticide use, and a drop in insect populations that disrupts the bird’s food supply.

Delaware’s Department of Natural Resources and Environmental Control is teaming up with the Delaware Kestrel Partnership to study and protect the state’s kestrels. Projects include adding more than 70 nest boxes to areas such as meadows, fields, and grasslands, as well as the Leg Band Program, which enables researchers to track adults and their chicks.

Bog Turtle

Bog Turtles feed on plants, seeds, berries, earthworms, slugs, and insects. They typically live up to 50 years, but are endangered in Delaware primarily due to habitat loss. As of 2025, there are just two known populations in the state and around 20 adult Bog Turtles in total.

In 2022, the state government began monitoring the turtles, protecting their existing habitats, and controlling predators in those areas. A hatching program at Brandywine Zoo is collecting eggs to hatch in captivity with the eventual aim of reintroducing the species to new marshy areas.

Important Note: Bog Turtles are listed as threatened federally and endangered at the state level in Delaware. Both sets of protections apply simultaneously — meaning both state and federal laws cover this species.

Northern Long-Eared Bat and Little Brown Bat

Species like the northern long-eared bat and little brown bat, both of which are state endangered species, have experienced population declines due to white-nose syndrome, a fungal disease that threatens bat species across the country. The Northern Long-eared Bat was listed as Threatened under the Endangered Species Act in 2015 and reclassified as Endangered in 2022.

Eastern Tiger Salamander

Delaware’s population of Eastern tiger salamanders has been on the decline due to habitat loss, and Pemberton Forest Preserve is one of only two protected areas in Sussex County with known breeding Eastern tiger salamander populations. The eastern tiger salamander is the largest salamander found in Delaware. Adults average 7 to 8 inches in length, although they can grow up to 13 inches. They are black with yellow-brown blotchy spots, somewhat resembling a tiger.

Atlantic Sturgeon and Shortnose Sturgeon

Mature Atlantic sturgeon migrate from the sea to freshwater to spawn. Spawning occurs in the fresh waters of the Delaware River, where the bottom is hard and rocky. Female sturgeon take 15 years to reach reproductive maturity and spawn every one to five years, making population growth slow. Industrial development, ship strikes, overharvesting, and poor water quality threaten these fish further. Both the Atlantic Sturgeon and its cousin, the Shortnose Sturgeon, are federally endangered under the Endangered Species Act.

Black Rail

Smaller than a robin with dark plumage, the black rail nests in salt and brackish marshes from the Mid-Atlantic to the Florida coast. The eastern subspecies is classified as federally threatened by the U.S. Fish and Wildlife Service. Delaware lists the species as endangered and it is a Tier 1 priority in DNREC’s Wildlife Action Plan.

These species represent just a fraction of Delaware’s at-risk wildlife. Many more — including visually striking animals like the monarch butterfly — also appear on the state’s endangered list. You can also compare Delaware’s wildlife challenges with those affecting endangered animals in Washington state.

What You Cannot Do Around Endangered Animals in Delaware

Whether you’re hiking, farming, or developing land, the law places clear restrictions on how you interact with endangered wildlife. Both federal and state rules apply, and ignorance of those rules is not a legal defense.

Under the federal Endangered Species Act, the concept of “take” is broadly defined. The ESA defines the term “take” to mean harass, harm, pursue, hunt, shoot, wound, kill, trap, capture, or collect, or to attempt to engage in any such conduct. This definition is intentionally wide — it covers not just direct killing but also activities that indirectly harm a species through habitat destruction.

At the state level, Delaware law is equally direct. 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.

• Hunting or trapping a listed species — prohibited without a specific permit
• Harassing a listed animal — prohibited, even if the animal is not harmed physically
• Destroying habitat in a way that harms a listed species — prohibited under the federal “harm” definition
• Buying, selling, or transporting a listed species or its parts — prohibited under both state and federal law
• Collecting specimens — prohibited without a scientific or educational permit from DNREC

Common Mistake: Many people assume that if they didn’t intend to harm an endangered animal, they’re in the clear. This isn’t always true. Habitat modification that indirectly injures or kills a listed species can still constitute an illegal “take” under the ESA.

It’s also important to understand that any import, export, interstate, and foreign commerce of listed endangered species is generally prohibited under Section 9 of the ESA. This applies to everything from live animals to feathers, bones, and products made from listed species.

For context on how animals are classified and why some behaviors matter more than others, see this overview of omnivore animals and the ecological roles different species play in shared food webs.

Endangered Species on Private Land in Delaware

One of the most misunderstood aspects of endangered species law is its reach onto private property. Many landowners assume that what happens on their own land is entirely their business — but that’s not how the ESA works.

The prohibition against “taking” an endangered species applies to actions occurring on private land as well as state or federal public land, and financial penalties apply for violating the prohibition. This means that if a federally listed species lives on, nests on, or passes through your property, you have legal obligations whether you invited them or not.

Approximately 90 percent of endangered species have some habitat on private land, with almost 70 percent of the endangered or threatened species having over 60 percent of their total habitat on nonfederal lands. Delaware is no exception — many of the state’s most vulnerable animals rely on privately owned forests, wetlands, and meadows.

If you’re a landowner planning development or land modification, there are legal pathways to navigate the process responsibly:

1. Incidental Take Permit: Private landowners who plan to modify their land can apply for an incidental take permit, which authorizes the incidental taking of a listed species even if a member of the species is potentially harmed. Before a permit is granted, property owners must submit a habitat conservation plan containing information on the relevant and predicted effects of the individual’s taking of a listed species, how the effects will be minimized and/or mitigated, and how the plan will be financed.
2. Voluntary Conservation Programs: Private landowners may be eligible for funding to promote opportunities to enhance wildlife conservation and habitat management on their properties. Cost share projects, such as the Wildlife Habitat Incentive Program, can provide funding to create and maintain early successional field habitat, warm season grass planting, control of invasive species, and wetland restoration.
3. Technical Assistance: DNREC’s Division of Fish and Wildlife can provide guidance on how to manage your land in ways that support — rather than harm — listed species.

Important Note: Protecting your property from a listed species is not a permissible defense under the ESA. Under the Endangered Species Act, the protection of an individual’s property from a listed species is not considered a permissible defense against potential federal penalties. For example, an individual cannot kill a listed animal to prevent damage to a house, a building, or other piece of property unless the individual was also protecting himself or herself from bodily harm.

Delaware also actively partners with private landowners through the DEWAP. The Division of Fish and Wildlife works with many public and private partners to help coordinate research and management. These partners include the U.S. Fish and Wildlife Service (USFWS), the Delaware Department of Transportation (DelDOT), and the Delaware Department of Agriculture (DDA), as well as local governments, municipalities, non-profit organizations, and private landowners.

How to Report an Endangered Animal Sighting in Delaware

If you spot what you believe is an endangered animal in Delaware, reporting it is one of the most valuable things you can do for conservation. These programs often rely on public participation, with citizen scientists providing researchers with invaluable information about population sizes, habitat distribution, and behavior.

Here’s how to handle a sighting responsibly:

1. Don’t disturb the animal. Keep your distance and avoid any action that might alter its behavior, cause it to flee, or interfere with nesting or feeding. Even well-intentioned interference can constitute harassment under the law.
2. Document what you see. If you spot any of the endangered species, notify the DNREC Division of Fish and Wildlife and don’t disturb them. If it’s safe to do so, take a photo, as that will help authorities verify the sighting.
3. Note the location and time. Precise GPS coordinates, the date, time of day, and habitat type all help wildlife managers assess population distribution and trends.
4. Contact the right agency. For wildlife emergencies or illegal activity involving wildlife, contact the Delaware Natural Resources Police Fish and Wildlife Unit at 800-523-3336. For general sighting reports and conservation inquiries, contact the Division of Fish and Wildlife at 302-739-9910.
5. Use citizen science platforms. Tools like iNaturalist allow you to log verified sightings that contribute to scientific databases used by DNREC and partner organizations.

Pro Tip: If you find an injured or distressed endangered animal, do not attempt to handle or rehabilitate it yourself. Contact DNREC immediately and wait for a licensed wildlife professional to respond.

Citizen reporting is especially valuable for species that are difficult to survey, such as bats, rare amphibians, and nocturnal birds like the black rail. A wildlife survey at The Nature Conservancy’s Milford Neck Preserve found evidence of a small black rail nesting population. Nighttime audio recorders placed around the preserve captured the elusive bird vocalizing from two different sites on three separate dates — a discovery that would not have been possible without coordinated field efforts and public engagement.

You can also get involved through organized monitoring programs. Delawareans take part in many opportunities to interact with wildlife and assist in conservation programs, including the Delaware Bay Horseshoe Crab Spawning Survey. Volunteering for these programs puts you directly in the field alongside professional biologists.

Penalties for Harming or Taking an Endangered Animal in Delaware

The legal consequences for harming or taking an endangered animal in Delaware can be severe — and they operate at both the federal and state level. Understanding the penalty structure is important whether you’re a landowner, a developer, a hunter, or simply an outdoor enthusiast.

Federal Penalties Under the ESA

Under the Endangered Species Act, individuals who knowingly take a listed species can be fined up to $25,000 for each violation or instance. Individuals who otherwise unknowingly take a species can be fined up to $500 for each violation or instance.

Beyond fines, criminal penalties are also possible. Property owners and developers must understand the potential impacts of their activities on listed species, as an unauthorized take of a listed fish or wildlife species may be subject to civil or criminal liability under Section 11 of the ESA. An individual or organization may receive fines or imprisonment, as well as additional penalties, for each violation — meaning each individual of a listed animal species taken without authorization.

Delaware State-Level Consequences

Delaware’s state law adds another layer. Under the state’s endangered species provisions, it is illegal to import, transport, possess, sell, or trade any listed species or its parts without a permit from the Division of Fish and Wildlife. Violations of state wildlife law can result in additional fines, permit revocations, and civil liability separate from federal enforcement.

Violation Type	Applicable Law	Potential Penalty
Knowingly taking a listed species	Federal ESA	Up to $25,000 per violation
Unknowingly taking a listed species	Federal ESA	Up to $500 per violation
Negligently harassing a listed animal	Federal ESA	Civil fine per violation
Selling/possessing a listed species or parts	Delaware State Law	Fines + permit revocation
Criminal violations of the ESA	Federal ESA Section 11	Fines and/or imprisonment

Common Mistake: Some people assume penalties only apply if they directly kill an animal. In reality, harassment, habitat modification that harms a listed species, and even possessing parts of a listed animal without a permit are all enforceable violations.

It’s also worth noting that as a violation of the ESA’s prohibition on unauthorized take can lead to civil and criminal penalties, property owners and developers should take the necessary steps to ensure ESA compliance early in the real estate development planning stages. Waiting until construction is underway — or complete — is far more costly than consulting with DNREC or the U.S. Fish and Wildlife Service at the outset.

For a broader look at what happens when species are pushed past the point of no return, see this resource on extinct animals — a sobering reminder of why these protections exist. You may also find it useful to explore animals native to Australia to see how other regions manage their own endangered species crises.

Delaware’s endangered species laws exist not as bureaucratic obstacles but as a practical framework for ensuring that the wide range of animal life sharing this state with you has a future worth protecting. Whether you own land, work outdoors, or simply enjoy Delaware’s natural spaces, knowing these rules — and following them — is part of responsible stewardship of the First State’s remarkable wildlife heritage.