§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 in the performance of their duties, 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 conservation officers or qualified personnel of a clinical laboratory licensed and approved by the Department of Health. A waterways conservation officer 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 any vehicle owned or leased by the Commonwealth and used for law enforcement purposes, equipped with flashing or rotating lights of such color and combination and audible devices as authorized in the definition of "emergency vehicle" in 75 Pa.C.S. § 102 (relating to definitions) upon any street or highway within this Commonwealth in the performance of their duties. Drivers of Commonwealth-owned or Commonwealth-leased vehicles equipped with lights and audible devices as authorized in this subchapter may exercise the privileges and shall be subject to the conditions as set forth in 75 Pa.C.S. § 3105 (relating to drivers of emergency vehicles).

(17) When acting within the scope of the officer's employment, have the discretion to issue written or verbal warnings in lieu of making arrests or issuing citations.

(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; Nov. 1, 2012, P.L.1716, No.211, eff. 60 days; Feb. 4, 2014, P.L.20, No.8, eff. 60 days)

Notation

2014 Amendment.  Act 8 added subsec. (a)(17).

2012 Amendment.  Act 211 amended subsec. (a)(12), (13) and (16).

1999 Amendment.  Act 41 amended the section heading and subsecs. (a) intro. par. and (b) and added subsec. (a)(14), (15) and (16).

Cross References.  Section 901 is referred to in sections 305, 927 of this title.