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Powers and duties of waterways conservation officers and deputies - 30 Pa. Cons. Stat. § 901

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                                CHAPTER 9
                               ENFORCEMENT

     Subchapter
        A.  General Provisions
        B.  Prosecutions and Penalties

        Enactment.  Chapter 9 was added October 16, 1980, P.L.996,
     No.175, effective in 90 days.

                               SUBCHAPTER A
                            GENERAL PROVISIONS

     Sec.
     901.  Powers and duties of waterways conservation officers
            and deputies.
     902.  Enforcement of other laws.
     903.  Delegation of enforcement powers.
     904.  Interference with officers.
     905.  Reciprocal enforcement on Delaware River.
     906.  Fleeing or attempting to elude an officer.
     907.  Operation of vehicle or boat without lights to avoid
            identification or arrest.
     908.  False identification or false or fraudulent statements
            on reports, etc.
     909.  Interference with lawful fishing and boating prohibited.
     § 901.  Powers and duties of waterways conservation officers and
                deputies.
        (a)  Waterways conservation officers.--Every waterways
     conservation officer shall have the power and duty to:
            (1)  Enforce all laws of this Commonwealth relating to
        fish and watercraft and arrest with or without warrant any
        person violating this title.
            (2)  Execute all warrants and search warrants for
        violations of this title.
            (3)  Serve subpoenas issued for the examination,
        investigation and trial of all offenses under this title.
            (4)  Carry firearms or other weapons in the performance
        of their duties.
            (5)  Stop vehicles or boats and search or inspect, where
        probable cause exists that a violation of this title has
        occurred, any boat, basket, conveyance, vehicle, fish-box,
        bag, coat, boot or other receptacle, when enforcing this
        title. The waterways patrolman shall display his badge or
        other insignia of identification and shall state to the
        person in charge of the vehicle, conveyance or otherwise the
        purpose of the search.
            (6)  Seize and take possession of any and all fish which
        may have been caught, taken or killed at any time, in any
        manner or for any purpose, or had in possession or under
        control, or have been shipped or about to be shipped contrary
        to the laws of this Commonwealth and the fish so seized shall
        be disposed of in any manner as the executive director may
        direct.
            (7)  Enter upon any land or water in the performance of
        their duties.
            (8)  Demand and secure proper assistance in case of
        emergency.
            (9)  Purchase fish for the purpose of securing evidence.
            (10)  Stop and board any boat subject to this title for
        the purpose of inspection for compliance with Part III
        (relating to boats and boating) and the rules and regulations
        promulgated thereunder. Any boat lying at its regular mooring
        or berth shall not be boarded without the consent of the
        owner or a search warrant.
            (11)  When making an arrest or apprehension or when found
        in the execution of a search warrant, seize all rods, reels,
        nets or other fishing devices of any description, fishing or
        boating paraphernalia, bait, boats or any unlawful device,
        implement or appliance used in violation of this title.
            (12)  When acting within the scope of their employment,
        to pursue, apprehend or arrest any individual suspected of
        violating any provision of Title 18 (relating to crimes and
        offenses) or any other offense classified as a misdemeanor or
        felony. They shall also have the power to serve and execute
        warrants issued by the proper authorities for offenses
        referred to in this paragraph and to serve subpoenas issued
        for examination. All powers as provided for in this paragraph
        will be limited by such administrative procedure as the
        executive director, with the approval of the commission,
        shall prescribe.
            (13)  Arrange for the administration of chemical tests of
        breath, blood or urine to persons operating or in actual
        physical control of watercraft for the purpose of determining
        the alcoholic content of blood or the presence of a
        controlled substance under section 5125 (relating to chemical
        testing to determine amount of alcohol or controlled
        substance), by qualified personnel of a State or local police
        department, qualified waterways patrolmen or qualified
        personnel of a clinical laboratory licensed and approved by
        the Department of Health. A waterways patrolman may
        administer chemical tests under this paragraph if he is
        qualified and the executive director designates him to do so.
            (14)  When in the performance of their duties, take fish
        and operate watercraft or vehicles in manners necessary to
        carry out enforcement duties, subject to such limitations as
        the executive director may prescribe.
            (15)  Request a person apprehended or stopped for any
        offense under this title to produce positive identification
        or to require such person to write his or her name in the
        presence of the officer in order to show identity.
            (16)  Operate a Commonwealth-owned and marked vehicle,
        permanently or temporarily equipped with a type of flashing
        or rotating red light or lights or audible device, or both,
        upon any street or highway within this Commonwealth when
        performing duties within the scope of employment.
        (b)  Deputy waterways conservation officers.--Except for the
     power conferred by subsection (a)(12), subject to such
     limitations as the executive director, with the approval of the
     commission, shall prescribe, deputy waterways conservation
     officers may exercise all the powers and perform all the duties
     conferred by this section on waterways conservation officers.
     (May 30, 1984, P.L.339, No.68, eff. 60 days; Dec. 22, 1989,
     P.L.735, No.102, eff. Jan. 1, 1990; Nov. 3, 1999, P.L.447,
     No.41, eff. Jan. 1, 2000)

        1999 Amendment.  Act 41 amended the section heading and
     subsecs. (a) intro. par. and (b) and added subsec. (a)(14), (15)
     and (16).
        1989 Amendment.  Act 102 amended subsec. (a)(13).
        Cross References.  Section 901 is referred to in sections
     305, 927 of this title.

Last modified: November 27, 2007