RULES AND REGULATIONS
Title 58--RECREATION
GAME COMMISSION
[58 PA. CODE CH. 131]
Preliminary Provisions; Wildlife Conservation Officers
[37 Pa.B. 2947]
[Saturday, June 30, 2007]To effectively manage the wildlife resources of this Commonwealth, the Game Commission (Commission), at its April 18, 2007, meeting, adopted an amendment to § 131.6 (relating to administration of police powers by wildlife conservation officers).
The final-form rulemaking will have no adverse impact on the wildlife resources of this Commonwealth.
The authority for the final rulemaking is 34 Pa.C.S. (relating to Game and Wildlife Code) (code).
Notice of proposed rulemaking was published at 37 Pa.B. 1325 (March 24, 2007).
1. Purpose and Authority
An issue that has proven perpetually problematic for the Commission has been the exercise of police powers by wildlife conservation officers. Section 901(a)(17) of the act (relating to powers and duties of enforcement officers) provides clear and broad police power authority to wildlife conservation officers acting within the scope of their employment. Despite this broad authorization, however, it is the general policy of the Commission that the primary responsibility of the wildlife conservation officer is the enforcement of the code and that all general law enforcement duties shall remain the responsibility of the appropriate law enforcement agencies empowered to conduct those activities. In an effort to reduce legal challenges, reduce potential civil liability and also provide recognition of the importance of the relevant competing interests on this issue, the Commission amended § 131.6 to redirect the extent and manner in which it authorizes wildlife conservation officers to engage in the administration of police powers.
Section 901(a)(17) of the code states in relevant part ''All powers as provided for in this paragraph will be limited by such administrative procedure as the director, with the approval of the commission, shall prescribe.'' Section 322(c)(12) of the code (relating to powers and duties of commission) specifically empowers the Commission to ''Take any necessary action to accomplish and assure the purposes of this title.'' The amendments to § 131.6 were adopted under this authority.
2. Regulatory Requirements
The final-form rulemaking amends § 131.6 to redirect the extent and manner in which the Commission authorizes salaried wildlife conservation officers to engage in the administration of police powers.
3. Persons Affected
Persons within the jurisdictional limits of this Commonwealth may be affected by the final-form rulemaking.
4. Comment and Response Summary
There were no official comments received regarding this final-form rulemaking.
5. Cost and Paperwork Requirements
The final-form rulemaking should not result in additional cost or paperwork.
6. Effective Date
The final-form rulemaking will be effective upon publication in the Pennsylvania Bulletin and will remain in effect until changed by the Commission.
7. Contact Person
For further information regarding the final rulemaking, contact Richard A. Palmer, Acting Director, Bureau of Wildlife Protection, 2001 Elmerton Avenue, Harrisburg, PA 17110-9797, (717) 783-6526.
Findings
The Commission finds that:
(1) Public notice of intention to adopt the administrative amendment adopted by this order has been given under sections 201 and 202 of the act of July 31, 1968 (P. L. 769, No. 240) (45 P. S. §§ 1201 and 1202) and the regulations thereunder, 1 Pa. Code §§ 7.1 and 7.2.
(2) The adoption of the amendment of the Commission in the manner provided in this order is necessary and appropriate for the administration and enforcement of the authorizing statute.
Order
The Commission, acting under authorizing statute, orders that:
(a) The regulations of the Commission, 58 Pa. Code Chapter 131, are amended by amending § 131.6 to read as set forth in Annex A.
(b) The Executive Director of the Commission shall certify this order and Annex A and deposit them with the Legislative Reference Bureau as required by law.
(c) This order shall become effective upon final-form publication in the Pennsylvania Bulletin.
CARL G. ROE,
Executive DirectorFiscal Note: Fiscal Note 48-244 remains valid for the final adoption of the subject regulation.
Annex A
TITLE 58. RECREATION
PART III. GAME COMMISSION
CHAPTER 131. PRELIMINARY PROVISIONS § 131.6. Administration of police powers by wildlife conservation officers.
(a) General.
(1) Section 901(a)(17) of the act (relating to powers and duties of enforcement officers) authorizes wildlife conservation officers, when acting within the scope of their employment, to pursue, apprehend or arrest any individual suspected of violating any provision of 18 Pa.C.S. (relating to the Crimes Code) or any other offense classified as a misdemeanor or felony and, in addition, to serve and execute warrants and subpoenas for these offenses.
(2) For the purposes of enforcement of the authority granted by section 901(a)(17) of the act, ''when acting within the scope of their employment'' means that period of time that a wildlife conservation officer is currently engaged in any activity the officer is employed to perform at the time and places the officer is authorized to perform the activity.
(b) Procedures.
(1) A wildlife conservation officer shall arrest or take other appropriate enforcement action pursuant to the authority vested by section 901(a)(17) of the act only to the degree necessary to protect life and property in any one or more of the following circumstances:
(i) The offense occurs in the officer's presence.
(ii) The offense occurs on lands or waters owned, leased or otherwise controlled by the Commission.
(iii) The offense arises out of Commission operations.
(iv) Another law enforcement agency has reasonably requested the assistance.
(2) A wildlife conservation officer who exercises any authority vested by section 901(a)(17) of the act shall do the following, without unreasonable delay:
(i) Notify the appropriate State or local law enforcement agency of the enforcement action.
(ii) Secure and maintain onsite information and evidence as deemed appropriate.
(iii) Transmit secured information and evidence to the appropriate State or local law enforcement agency for further investigation or prosecution, or both.
(iv) Prosecute violations, as may be reasonably necessary if the appropriate State or local law enforcement agency declines further action.
[Pa.B. Doc. No. 07-1137. Filed for public inspection June, 29, 2007, 9:00 a.m.]
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