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 or any permit issued by the Division, may do the following without obtaining a warrant beforehand:
(1) Search, examine and/or inspect any person and/or any person's vehicle, vessel and/or any container or other receptacle in and/or on any vehicle or vessel that is under the control or possession of said person for the purpose of determining said person's compliance with this chapter or any regulation promulgated by the Department or permit issued by the Division pertaining to the size, limits, sale, purchase and possession of finfish and/or the method of taking finfish;
(2) Detain any person and/or person's vehicle or vessel for a reasonable length of time to conduct any search, examination and/or inspection thereof, as described in paragraph (1) of this section; and
(3) Inspect, search and/or examine any commercial facility in the business of selling and/or storing finfish in the presence of any occupant of said facility to determine compliance with this chapter and any regulation promulgated by the Department or permit issued by the Division.
Structure Delaware Code
Chapter 9. FINFISHING IN TIDAL WATERS
§ 901. Purpose of chapter; policy of State; interstate fishery management plan; advisory committee.
§ 902. Application of chapter.
§ 903. Department of Natural Resources and Environmental Control; authority; permits; regulations.
§ 903A. Striped bass quotas and tags.
§ 904. Advisory Council on Tidal Finfisheries; establishment; organization; authority.
§ 907. Equipment and methods used for fishing for game fish.
§ 908. Equipment and methods used for fishing for bait fish.
§ 909. Fishing for bait fish in tidal waters.
§ 910. Types of fishing equipment and methods used for fishing for food fish.
§ 912. Sale, trade and/or barter of game fish.
§ 913. Sale, trade and/or barter of food fish.
§ 914. Commercial food fishing license; requirements and fees.
§ 915. Food fishing equipment permit; requirements, fees and restrictions.
§ 916. Finfisheries Development Fund.
§ 917. Areas restricted for using certain fishing equipment.
§ 918. Interfering with fishing equipment.
§ 919. Menhaden fishing; penalties.
§ 921. Identification requirements for equipment.
§ 922. Length restrictions on certain nets.
§ 923. Gill nets; restrictions on use; seasons.
§ 924. Unattended fishing equipment.
§ 926. Extracting oil or making fertilizer from food and game fish; penalty.
§ 927. Fishing with trawl nets, purse seines, run around gill nets; penalty; exceptions.
§ 928. Interstate transfer of finfish.
§ 928A. Trade in shark fins; penalty.
§ 929. Size limits on finfish; exceptions [Subject to the provisions of 64 Del. Laws, c. 251, § 4].
§ 930. Striped bass spawning areas.
§ 931. Theft and attempted theft of fishing equipment or finfish from fishing equipment.
§ 933. Search of persons, boats, vessels and commercial facilities.
§ 934. Seizure and forfeiture of finfish.
§ 935. Sale of seized finfish.
§ 937. Suspension or refusal to issue commercial finfishing license.
§ 938. Creel limits on finfish; exceptions.
§ 939. Fishing seasons; exception.
§ 940. Food fish dealer permits.
§ 941. Headboat/charter boat fishing permits; reporting requirements.