Delaware Code Title 3 Sec. 406 – Authority of the Department
(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.
Terms Used In Delaware Code Title 3 Sec. 406
- Aquaculture: means the controlled propagation, growth, harvest and subsequent commerce in cultured aquatic stock by an aquaculturist. See Delaware Code Title 3 Sec. 403
- Aquaculture facility: means any water system and associated infrastructures capable of holding and/or producing cultured aquatic stock. See Delaware Code Title 3 Sec. 403
- Closed system: means an aquaculture facility with water discharge(s) that does not connect in any way to the waters of the State prior to the discharged water being screened, filtered or percolated to prevent cultured aquatic stock from escaping. See Delaware Code Title 3 Sec. 403
- Cultured aquatic stock: means aquatic organisms, lawfully acquired by an aquaculturist that are held and grown in a registered aquaculture facility. See Delaware Code Title 3 Sec. 403
- Department: means the Department of Agriculture. See Delaware Code Title 3 Sec. 403
- Probable cause: A reasonable ground for belief that the offender violated a specific law.
- State: means the State of Delaware; and when applied to different parts of the United States, it includes the District of Columbia and the several territories and possessions of the United States. See Delaware Code Title 1 Sec. 302
(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.