2014 -- S 2951

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LC005145

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2014

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A N   A C T

RELATING TO FISH AND WILDLIFE - GENERAL PROVISIONS

     

     Introduced By: Senator William A.Walaska

     Date Introduced: May 01, 2014

     Referred To: Senate Environment & Agriculture

     (Environmental Management)

It is enacted by the General Assembly as follows:

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     SECTION 1. Section 20-1-8 of the General Laws in Chapter 20-1 entitled "General

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Provisions" is hereby amended to read as follows:

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     20-1-8. Enforcement powers of director and conservation officers. -- (a) The director,

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and each conservation officer, shall have the power:

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      (1) To enforce all laws, rules, and regulations of this state pertaining to:

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      (i) Fish, wildlife, and all vertebrates, invertebrates, and plants;

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      (ii) Fresh water wetlands, dams, and resources;

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      (iii) Areas and activities subject to the jurisdiction of the coastal resources management

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council;

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      (iv) State parks, reservations, management areas, hatcheries, and game preserves, and

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any law of the state within state parks, reservations, management areas, and game preserves lands

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cooperatively managed, facilities that host official department events, and properties leased by the

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department;

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      (v) Solid and hazardous waste transportation, storage, and disposal and any other laws of

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the state regarding solid and/or hazardous wastes;

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      (vi) Boating safety, water safety, and drowning prevention;

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      (vii) Water and air pollution and open burning;

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      (viii) Firearms;

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      (ix) Littering;

 

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      (x) Trees and forests, forestry, and protection of forests from fire hazards and trespass;

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and

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      (xi) Agriculture, farmland, and pest control;

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      (xii) All-terrain vehicles, as defined in subsection §31-3.2-1(8).

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      (2) To issue summonses and to execute all warrants and search warrants for the violation

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of the laws, rules, and regulations enumerated in subdivision §(a)(1) or (a)(9);

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      (3) To serve subpoenas issued for the trial or hearing of all offenses against the law,

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rules, and regulations enumerated in subdivision (a)(1) or (a)(9);

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      (4) To arrest, without a warrant, any person found violating any law, rule, or regulation

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enumerated in subdivision (a)(1), take that person before a court of competent jurisdiction, and

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detain that person in custody at the expense of the state until arraignment, except when a

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summons can be issued in accordance with section §12-7-11;

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      (5) To seize and take possession of all fish, shellfish, crustaceans, marine mammals,

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amphibians, reptiles, birds, and mammals in possession, or under control of, any person or which

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that have been shipped, or are about to be shipped, at any time, in any manner, or for any purpose

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contrary to the laws of this state, and dispose of them at the discretion of the director;

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      (6) To seize all fishing tackle, firearms, shooting and hunting paraphernalia, hunting,

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fishing, or trapping licenses, traps, decoys, tongs, bullrakes, dredges, or other implements or

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appliances used in violation of any law, rule, or regulation relating to fish, shellfish, crustaceans,

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marine mammals, amphibians, reptiles, birds, and mammals; or any equipment, materials, tools,

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implements, samples of substances, or any other item used in the violation of any other law, rule,

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or regulation enumerated in subdivision (a)(9), when making an arrest as found in the execution

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of a search warrant, and hold the seized item or items at the owner's expense until the fine and

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costs imposed for the violation have been paid in full;

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      (7) (i) To go on board any boat or vessel engaged, or believed to be engaged, in fishing

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and examine any fishing, shellfish, scallop, lobster, multipurpose, or other license issued under

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this title;

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      (ii) To go on board any boat or vessel engaged, or believed to be engaged, in fishing and

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to inspect that boat or vessel for compliance with the provisions of this title and any rules relative

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to the taking of fish, shellfish, crustaceans, marine mammals, amphibians, and reptiles. In the

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absence of probable cause to believe that a crime relative to the taking of these marine species has

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been, or is being, committed, any evidence obtained as the result of a boarding (other than for the

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purpose of examining a license) or of an inspection may not be used in a criminal prosecution;

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      (8) To carry firearms or other weapons, concealed or otherwise, in the course of, and in

 

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performance of, the duties of office; and

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      (9) To arrest without a warrant, to execute all warrants and search warrants, and to make

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and execute complaints within any district to the justice or clerk of the district court without

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recognizance or surety against any person for the following criminal offenses:

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      (i) Assault;

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      (ii) Assault with a dangerous weapon;

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      (iii) Larceny;

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      (iv) Vandalism;

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      (v) Obstructing officer in execution of duty.

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      (b) Conservation officers shall be deemed "officer" within the meaning of section §11-

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32-1.

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      (c) It shall be a misdemeanor punishable by a fine of not more than five hundred dollars

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($500) or imprisonment for not more than thirty (30) days, or both, for any person to refuse to

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move or to stop on an oral command or order of a conservation officer, when the officer is acting

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in the performance of the officer's duties.

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     SECTION 2. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO FISH AND WILDLIFE - GENERAL PROVISIONS

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     This act would provide that the director of the department of environmental management

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and conservation officers appointed thereby would have certain enforcement powers over lands

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cooperatively managed, facilities that host official department events, and properties leased by the

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department.

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     This act would take effect upon passage.

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