§ 1457. Entrance upon lands to prevent the introduction and spread of new aquatic species
(a) The aquatic nuisance control program shall take reasonable steps to prevent the introduction and spread of new aquatic species that may become invasive in the State. To accomplish this objective, the Secretary or his or her agent may, after first obtaining the permission of the landowner or lessee, enter upon lands for the following purposes:
(1) to survey for, inspect, or investigate conditions relating to new aquatic species that may become invasive;
(2) to collect information to issue coverage under rapid response general permits under section 1456 of this title;
(3) to conduct or use control techniques that are available under or authorized by a rapid response general permit issued under section 1456 of this title; and
(4) to determine whether the rules of the agency adopted or issued under this chapter are being complied with.
(b) If a land owner refuses to grant the Secretary or his or her agent permission to enter onto the owner's land under this section, the Secretary or the duly authorized representative of the Secretary may apply for and obtain a warrant or subpoena to allow such entry, surveying, collection, and control as is necessary to protect human health, safety, and the environment or prevent economic loss. (Added 2009, No. 46, § 1, eff. July 1, 2010.)
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