Delaware Code Title 23. Navigation and Waters § 2118. Public facilities;  administration and enforcement of subchapter

(a) The Department shall maintain and improve public facilities for launching of vessels in all counties of the State.

(b) The Department shall assign a Boating Administrator who shall be qualified by training and experience to perform the duties of office.  The Boating Administrator shall train and maintain a staff of Fish and Wildlife Agents who are capable of insuring compliance with state law and Department regulations of all vessels using, moored or anchored on state waters.  The Boating Administrator shall train and maintain a clerical staff to operate the boating safety office and all boat registration offices.  For the purpose of carrying out this subchapter, Fish and Wildlife Agents shall have all the powers of investigation, detention and arrest conferred by law on peace officers and constables.  Such officers shall have the right to arrest with a warrant for violations or without a warrant for violations of such regulations committed in their presence.

(c) If a Fish and Wildlife Agent observes a boat being used without sufficient life-saving or fire-fighting devices or in overloaded or other unsafe condition as defined by state or federal law or Department regulations, and in Agent's judgment such use creates an especially hazardous condition, the agent may direct the operator to take whatever immediate and reasonable steps would be necessary for the safety of those aboard the vessel, including directing the operator to return to mooring and to remain there until the situation creating the hazard is corrected or ended.

(d) Any person designated by the Secretary and empowered to enforce state laws and Department regulations and of any rule or regulation adopted pursuant thereto shall have the authority to stop and board any vessel subject to state laws or Department regulations for the purpose of inspection or determining compliance with the state laws or Department regulations.  Vessels of law-enforcement personnel shall be marked to identify them as designated enforcement vessels.

(e) Enforcement personnel, whether in uniform or civilian clothes, shall give proper identification issued by the Secretary when boarding a vessel on waters of this State.

(f) Every vessel, if underway on the “waters of this State” and upon being hailed by a designated law-enforcement officer, shall stop immediately and lay to, or shall maneuver in such a way as to permit such officer to come ahead.

(g) The State Police shall have the same authority as Fish and Wildlife Agents in enforcement of this subchapter.