An Act to Clarify the Law Enforcement Authority of Game Wardens
Emergency preamble. Whereas, Acts of the Legislature do not become effective until 90 days after adjournment unless enacted as emergencies; and
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Sec. 1. 12 MRSA §7053, sub-§2, ¶D-1, as amended by PL 1999, c. 317, §1, is repealed.
Sec. 2. 12 MRSA §7053, sub-§2, ¶D-2, as enacted by PL 1999, c. 317, §2, is repealed.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 of vehicle and conduct checks to gather statistics concerning hunting, fishing and trapping and to determine compliance with fish and wildlife laws;
Sec. 4. 12 MRSA §7053, sub-§3, as enacted by PL 1979, c. 420, §1, is amended to read:
3. Same duties and powers as sheriffs. In addition to their specified duties and powers, wardens have the same duties and powers throughout the several counties of the State as sheriffs have in their respective counties, except that a warden's primary responsibility is enforcement of laws protecting fish and wildlife.
A. Wardens have the same rights as sheriffs to require aid in executing the duties of their offices.
B. Wardens are entitled to the same fees as sheriffs and their deputies for like services, except before the District Court. All the fees shall must be paid to the commissioner.
Emergency clause. In view of the emergency cited in the preamble, this Act takes effect when approved.
Effective April 25, 2000.
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