§ 113-138. Enforcement jurisdiction of special conservation officers.
§ 113‑138. Enforcement jurisdiction of special conservation officers.
(a) The Wildlife Resources Commission by rule may confer law‑enforcementpowers over matters within its jurisdiction with respect to wildlife resourcesconservation laws and rules within its jurisdiction upon the employees of theUnited States Fish and Wildlife Service, and the Marine Fisheries Commissionmay confer law‑enforcement powers over matters within its jurisdictionwith respect to marine and estuarine resources conservation laws and rules uponthe employees of the National Marine Fisheries Service, who:
(1) Possess special law‑enforcement jurisdiction thatwould not otherwise extend to the subject matter of this Subchapter;
(2) Are assigned during the duration of such appointment to dutystations within North Carolina; and
(3) Take the oath required of public officers before an officerauthorized to administer oaths.
These conferred powers do not constitute an appointment of any officerto an additional office.
(b) The Marine Fisheries Commission and Wildlife ResourcesCommission shall limit the exercise of this authority to situations when:
(1) The best interests of the conservation of marine andestuarine and wildlife resources managed by the respective State and federalagencies are being adversely affected by restrictions upon jurisdictionalsubject matter that limit law‑enforcement authority; and
(2) The best interests of the conservation of marine andestuarine and wildlife resources managed by the adopting Commission will benefitby conferring law‑enforcement authority on the employees of the UnitedStates Fish and Wildlife Service or the National Marine Fisheries Service.
(c) The enabling rule shall specify the particular officers orclass of officers upon whom the law‑enforcement powers are conferred andthe geographic areas within which the special enforcement officers can exercisethe law‑enforcement powers over matters within the jurisdiction of theadopting Commission. The conferred powers may be used only during the scope ofemployment of the special conservation officers.
(d) Unless otherwise provided by the enabling rule, such specialenforcement officers shall have the same jurisdiction and powers with respectto resource conservation and the same rights, privileges and immunities(including those relating to the defense of civil actions and payment ofjudgments) as the State officers in addition to those the federal officernormally possesses. (1965, c. 957, s.2; 1973, c. 1262, ss. 18, 28; 1977, c. 771, s. 4; 1983, c. 484; 1987, c. 827,s. 98; 1991 (Reg. Sess., 1992), c. 890, s. 5.)