PROPOSED RULEMAKING
[ 58 PA. CODE CH. 131 ]
Preliminary Provisions; Police Powers by Wildlife Conservation Officers
[46 Pa.B. 1426]
[Saturday, March 19, 2016]To effectively manage the wildlife resources of this Commonwealth, the Game Commission (Commission) proposed at its February 2, 2016, meeting, to amend § 131.6 (relating to administration of police powers by wildlife conservation officers) to redirect the extent and manner in which it authorizes wildlife conservation officers to engage in the administration of police powers.
The proposed rulemaking will not have an 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 February 2, 2016, meeting of the Commission. Comments can be sent until April 1, 2016, to the Director, Information and Education, Game Commission, 2001 Elmerton Avenue, Harrisburg, PA 17110-9797.
1. Purpose and Authority
The exercise of general police powers by wildlife conservation officers has proven a unique challenge for the Commission over the past few years. On one hand the Commission asserts its preference to focus the primary responsibilities of wildlife conservation officers to be the enforcement of the code and related environmental concerns. On the other hand the Commission is challenged by the public's expectation that it remain adaptive and capable to address the spectrum of circumstances that wildlife conservation officers face on a daily basis. Increasingly, the Commission is identifying significant overlap and interconnectivity between its investigations into wildlife, habitat and other environmental crime, and other types of general crime. The Commission's policy to attempt to sever and transfer all general crime matters to other State or local law enforcement agencies has largely proven unsuccessful. Not only does this process often create significant procedural complications for both organizations, but, more importantly, these other agencies have consistently rejected their adoption of cases that they did not initiate. In an effort to reduce legal challenges, reduce potential civil liability and provide recognition of 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 (relating to powers and duties of enforcement officers) states in relevant part ''[a]ll 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 ''[t]ake any necessary action to accomplish and assure the purposes of this title.'' The amendments to § 131.6 are 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 Thomas P. Grohol, Director, Bureau of Wildlife Protection, 2001 Elmerton Avenue, Harrisburg, PA 17110-9797, (717) 783-6526.
R. MATTHEW HOUGH,
Executive DirectorFiscal Note: 48-391. 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.
(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:]
(b) Limitation. 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 in one or more of the following circumstances:
[(i)] (1) The offense occurs in the officer's presence.
[(ii)] (2) The offense occurs on lands or waters owned, leased or otherwise controlled by the Commission.
[(iii)] (3) The offense arises out of Commission operations.
[(iv)] (4) 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. 16-461. Filed for public inspection March 18, 2016, 9:00 a.m.]
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