Delaware Code § 3-406

Authority of the Department
Open in Lexace · Ask the AI about this section
(a) The Department, in accordance with the administrative procedures and provisions set forth in Chapter 101 of Title 29, shall have
the authority to promulgate regulations, which shall have the force and effect of law, to enhance and control closed system aquaculture
in this State.
(b) Any authorized employee of the Department, after determining there is probable cause that there has been a violation of this chapter
or any regulation promulgated by the Department, may do the following without obtaining a warrant beforehand:
(1) Search, examine and/or inspect any vehicle or conveyance in which cultured aquatic stock may be present for the purpose of
determining compliance with Chapter 4 of this title or any regulation promulgated by the Department;
(2) Detain any person and/or person's vehicle for a reasonable length of time to conduct any search, examination and/or inspection
thereof for the purpose of determining compliance with Chapter 4 of this title; and
(3) Inspect, search and/or examine any registered aquaculture facility in the presence of any occupant of said facility to determine
compliance with Chapter 4 of this title or any regulation promulgated by the Department.

‹ Prev All Delaware sections Next ›


Lexace provides legal information, not legal advice, and no attorney–client relationship is created. Statute text is provided for general information and may not reflect the most recent amendments; verify against the official state code.