PROPOSED RULEMAKING
[58 PA. CODE CH. 131]
Preliminary Provisions; Wildlife Conservation Officers
[37 Pa.B. 1325]
[Saturday, March 24, 2007]To effectively manage the wildlife resources of this Commonwealth, the Game Commission (Commission), at its January 23, 2007, meeting, proposed to amend § 131.6 (relating to administration of police powers by wildlife conservation officers).
The proposed rulemaking will have no adverse impact on the wildlife resources of this Commonwealth.
The authority for the proposed rulemaking is 34 Pa.C.S. (relating to Game and Wildlife Code) (code).
The proposed rulemaking was made public at the January 23, 2007, meeting of the Commission. Comments can be sent to the Director, Information and Education, Game Commission, 2001 Elmerton Avenue, Harrisburg, PA 17110-9797, until April 13, 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 code (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 general law enforcement duties 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 provide recognition to the importance of the relevant competing interests on this issue, the Commission is proposing to amend § 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 amendment to § 131.6 was proposed under this authority.
2. Regulatory Requirements
The proposed rulemaking will amend § 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 proposed rulemaking.
4. Cost and Paperwork Requirements
The proposed rulemaking should not result in additional cost or paperwork.
5. Effective Date
The proposed rulemaking will be effective upon final-form publication in the Pennsylvania Bulletin and will remain in effect until changed by the Commission.
6. Contact Person
For further information regarding the proposed rulemaking, contact Richard A. Palmer, Acting Director, Bureau of Wildlife Protection, 2001 Elmerton Avenue, Harrisburg, PA 17110-9797, (717) 783-6526.
CARL G. ROE,
Executive DirectorFiscal Note: 48-244. No fiscal impact; (8) recommends adoption.
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 policy.
(1) The primary responsibility of a wildlife conservation officer is the enforcement of the act and this part.
(2) Section 901(17) of the act (relating to powers and duties of enforcement officers) confers police powers upon wildlife conservation officers acting within the scope of their employment.
(3) It is the policy of the Commission that general law enforcement activities shall be the responsibility of the appropriate law enforcement agencies empowered to conduct those activities. Complaints or information received shall be forwarded to the enforcement agency having jursidiction.
(b) Powers and procedures.
(1) A wildlife conservation officer may arrest for offenses enumerated in subsection (c) which constitute misdemeanors or felonies when the offenses occur in the officer's presence and while acting within the scope of the officer's employment.
(2) A wildlife conservation officer shall arrest for offenses enumerated in subsection (c) only when necessary to protect life and property. The officer shall immediately notify the appropriate law enforcement agency. Evidence and information in the possession of the officer shall be transmitted to the law enforcement agency responsible for further investigation or prosecution, or both.
(3) A wildlife conservation officer may institute proceedings for violations listed in subsection (c) that are misdemeanors or felonies which occur on State game lands or arise out of Commission operations.
(c) Violations. A wildlife conservation officer may, subject to the limitations in subsections (a) and (b), act only in cases of violations of the following provisions:
(1) Title 18 of the Pennsylvania Consolidated Statutes (relating to the Crimes code) including the following chapters:
(i) 9 Inchoate Crimes.
(ii) 25 Criminal Homicide.
(iii) 27 Assault.
(iv) 29 Kidnapping.
(v) 31 Sexual Offenses.
(vi) 33 Arson, Criminal Mischief and Other Property Destruction.
(vii) 35 Burglary and Other Criminal Intrusion, limited to §§ 3501, 3502 and 3503(a).
(viii) 37 Robbery.
(ix) 39 Theft and Related Offenses, limited to violations of §§ 3921, 3924, 3925, 3928 and 3929.
(x) 41 Forgery and Fraudulent Practices, limited to §§ 4104 and 4105.
(xi) 47 Bribery and Corrupt Influence.
(xii) 49 Falsification and Intimidation.
(xiii) 51 Obstructing Government Operations limited to §§ 5101, 5102, 5104, 5105, 5121, 5124 and 5125.
(xiv) 55 Riot, Disorderly Conduct and Related Offenses, limited to §§ 5501--5511 only.
(xv) 59 Public Indecency, limited to § 5901.
(xvi) 61 Firearms and Other Dangerous Articles.
(xvii) 63 Minors, limited to § 6308.
(xviii) 65 Nuisances.
(2) The Controlled Substance, Drug, Device and Cosmetic Act (35 P. S. §§ 780-101--780-144).
(3) Title 75 of the Pennsylvania Consolidated Statutes §§ 3731, 3732, 3735 and 3742.
(4) The Solid Waste Management Act (35 P. S. §§ 6018.101--6018.1003), limited to misdemeanors and felonies.
(5) The Clean Streams Law (35 P. S. §§ 69.1--691.1001), limited to misdemeanors.
(d) Construction. The administrative procedures set forth in this section are intended to serve as guidelines for wildlife conservation officers in the performance of their duties. The administrative limitations in this subchapter do not invalidate an arrest, prosecution or law enforcement action incident thereto which a wildlife conservation officer may undertake, but which exceeds the limitations of subsections (a)--(c). Whenever wildlife conservation officers are acting within the scope of their employment, the principles of justification that apply to peace officers under 18 Pa.C.S. Chapter 5 (relating to general principles of justification) shall apply to their acts.]
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.
(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 the following circumstances:
(i) The offense occurs in the officer's presence.
(ii) The offense occurs on State game lands.
(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. 07-497. Filed for public inspection March 23, 2007, 9:00 a.m.]
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