Whereas, it is necessary to resolve the issue of enforcement of fish and wildlife conservation laws in order to clarify the rights and responsibilities of the public and game wardens; and

Whereas, in the judgment of the Legislature, these facts create an emergency within the meaning of the Constitution of Maine and require the following legislation as immediately necessary for the preservation of the public peace, health and safety; now, therefore,

Be it enacted by the People of the State of Maine as follows:

Sec. 1. 12 MRSA §7053, sub-§2, ¶D-1, as amended by PL 1999, c. 317, §1, is repealed.

Sec. 2. 12 MRSA §7053, sub-§2, ¶D-2, as enacted by PL 1999, c. 317, §2, is repealed.

Sec. 3. 12 MRSA §7053, sub-§2, ¶¶D-3 and D-4 are enacted to read:

D-3.__If the warden is in uniform and has reasonable and articulable suspicion to believe that a violation of law has taken place or is taking place, stop a motor vehicle or watercraft for the purpose of:

(1)__Arresting the operator for a criminal violation;

(2)__Issuing the appropriate written process for a criminal or civil violation or a traffic infraction; or

(3)__Questioning the operator or occupants;

D-4.__In order to protect fish and wildlife:

(1)__If the warden is in uniform, stop a person for the purpose of determining compliance with license, permit, equipment or other requirements or restrictions if the person, at the time of the stop, is:

(a)__Engaged in hunting, fishing or trapping; and

(b)__Not in or on a motor vehicle; and

(2)__Pursuant to policy established by the commissioner, establish checkpoints to stop any type