Section 10353 - Duties and powers1. Duties. In addition to other duties set out in this Part, a game warden shall:A. Enforce: (2) All rules adopted by the commissioner; and(3) The federal Migratory Bird Treaty Act, 16 United States Code, Chapter 7, subchapter II, section 703 as amended, and all rules and regulations promulgated in pursuance of that Act; and [2003, c. 414, Pt. A, §2(NEW); 2003, c. 614, §9(AFF).]B. Act as a state fire warden. (1) A warden shall, when possible, while in and about the woods, caution all participants in outdoor recreation of the danger from fires in the woods and, if possible, extinguish a fire left burning by anyone.(2) A warden shall, when possible, give notice to all interested parties of a fire raging and beyond the warden's control in order that the fire may be controlled and extinguished. [2023, c. 405, Pt. A, §30(AMD).] [2023, c. 405, Pt. A, §30(AMD).]
2. Powers. In addition to other powers granted in this Part, a game warden or other official described in section 10401 may: A. Arrest, summons and prosecute a violator of the following: (2) Rules adopted by the commissioner; and(3) The federal Migratory Bird Treaty Act, 16 United States Code, Chapter 7, subchapter II, section 703 and all rules and regulations promulgated in pursuance of that Act. A game warden or other official described in section 10401 shall, without unnecessary delay, take any person so arrested before the District Court nearest the place of violation; [2011, c. 248, §1(AMD).]
B. Serve criminal processes on offenders of the law and serve all processes pertaining to the enforcement of this Part; [2003, c. 414, Pt. A, §2(NEW); 2003, c. 614, §9(AFF).]C. Accept personal recognizances in accordance with the following procedures: (1) A game warden or other official described in section 10401 making an arrest for any violation of this Part and Title 38, chapter 3, subchapter 1, article 5-A, at a point more than 50 miles distant from the nearest District Court having jurisdiction, may accept the personal recognizance of the prisoner in an amount not to exceed $1,000 for the prisoner's appearance before the nearest District Court on a specified date and a deposit in money to the amount of that recognizance; and(2) The warden or other official described in section 10401 shall report all those recognizances and forward all those deposits to the court to which the recognizance is returnable. Recognizances and deposits must be handled by the court in accordance with sections 10202 and 10203; [2011, c. 248, §1(AMD).]
D. If the warden or other official described in section 10401 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; [2011, c. 248, §1(AMD).]E. In order to protect fish and wildlife: (1) If the warden or other official described in section 10401 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; [2011, c. 248, §1(AMD).]F. Stop any watercraft to inspect the craft, its equipment and its documents or certificates; board a watercraft when necessary to enforce chapter 935 or any other provision of this Part regarding watercraft; and order any watercraft ashore to correct a violation or to protect the safety of its occupants, if in the opinion of the warden or other official described in section 10401 their safety is in jeopardy; [2011, c. 248, §1(AMD).]G. Stop and examine any all-terrain vehicle to ascertain whether it is being operated in compliance with chapter 939 or any other provision of this Part regulating ATVs, demand and inspect the operator's certificate of registration and, when appropriate, demand and inspect evidence that the operator has satisfactorily completed a training course as required by section 13152; [2011, c. 248, §1(AMD).]H. Stop and examine any snowmobile to ascertain whether it is being operated in compliance with chapter 937 or any other provision of this Part regulating snowmobiles; demand and inspect the operator's certificate of registration; and examine the identification numbers of the snowmobile and any marks on it; and [2003, c. 414, Pt. A, §2(NEW); 2003, c. 614, §9(AFF).]I. Do anything otherwise prohibited by this Part if necessary to carry out the duties and powers of the warden or other official described in section 10401. This paragraph does not authorize a warden or other official described in section 10401 enforcing this Part to stop any person, motor vehicle or watercraft except as specifically provided in this section. [2011, c. 248, §1(AMD).] [2011, c. 248, §1(AMD).]
3.Same duties and powers as sheriffs. In addition to specified duties and powers, a warden has 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. A warden has the same rights as sheriffs to require aid in executing the duties of their offices. [2003, c. 414, Pt. A, §2(NEW); 2003, c. 614, §9(AFF).]B. A warden is entitled to the same fees as sheriffs and their deputies for like services, except before the District Court. All the fees must be paid to the commissioner. [2003, c. 414, Pt. A, §2(NEW); 2003, c. 614, §9(AFF).] [2003, c. 414, Pt. A, §2(NEW); 2003, c. 614, §9(AFF).]
4.Agents of commissioner. A warden may act as an agent of the commissioner. [2003, c. 414, Pt. A, §2(NEW); 2003, c. 614, §9(AFF).]
5. Assistance to federal agencies. The Bureau of Warden Service may provide assistance to federal agencies. The director of the Bureau of Warden Service may charge the various federal agencies for these services. Revenues received from these agencies must be allocated for the purpose of funding the cost of providing the services. [2003, c. 414, Pt. A, §2(NEW); 2003, c. 614, §9(AFF).]
6. Assistance to other entities and persons. The Bureau of Warden Service may, with approval of the commissioner, provide assistance to other entities, including county and state agencies, municipalities and private organizations, and persons. The director of the Bureau of Warden Service may charge the entities or individuals for these services. The Bureau of Warden Service shall report to the joint standing committee of the Legislature having jurisdiction over inland fisheries and wildlife matters no later than January 15th of each year concerning the assistance provided to other entities and persons during the previous calendar year. The report must contain information about the types of services provided, the number of services and the fees charged by the director of the Bureau of Warden Service. [2007, c. 20, §1(NEW).]
Amended by 2023SP1, c. 405,§ A-30, eff. 7/10/2023.Amended by 2011, c. 248,§ 1, eff. 9/28/2011.2003, c. 414, §A2 (NEW) . 2003, c. 414, §D7 (AFF) . 2003, c. 614, § 9 (AFF) . 2003, c. 655, §B422 (AFF) . 2003, c. 655, §B54 (AMD) . 2007, c. 20, § 1 (AMD) . 2009, c. 389, § 1 (AMD) .