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Sec. 26-26a. Northeast Conservation Law Enforcement Compact.

      Sec. 26-26a. Northeast Conservation Law Enforcement Compact.

THE NORTHEAST CONSERVATION LAW ENFORCEMENT COMPACT



Article I
Purposes

      The purposes of this compact are to:

      (1) Provide close and effective cooperation and assistance in detecting and apprehending those engaged in illegal fisheries and wildlife and environmental activities.

      (2) Render mutual aid and assistance and provide for the powers, duties, rights, privileges and immunities of conservation law enforcement personnel when rendering such aid.

Article II
Entry Into Force and Withdrawal

      (1) This compact shall enter into force when enacted into law by any two of the states of Connecticut, Delaware, Maine, Massachusetts, New Hampshire, New Jersey, New York, Pennsylvania, Rhode Island, Vermont and West Virginia. Thereafter this compact shall become effective as to any other of the aforementioned states upon its enactment thereof.

      (2) Any party state may withdraw from this compact by enacting a statute repealing the same, but no such withdrawal shall take effect until one year after the Governor of the withdrawing state has given notice in writing of the withdrawal to the governors of all the party states. No withdrawal shall affect any liability already incurred by or chargeable to a party state prior to the time of such withdrawal, and any records, files or information obtained by officers or employees of a withdrawing state shall continue to be kept, used and disposed of only in such manner as is consistent with this compact and rules or regulations pursuant thereto.

Article III
The Compact

      (1) There is hereby established the Northeast Conservation Law Enforcement Compact, hereinafter called the compact, to be composed of a representative from each party state who shall be the administrative head of the conservation law enforcement agency from each party state; specifically the Directors from Connecticut, New York and Massachusetts; the Chief of Law Enforcement, Division of Fish, Game and Wildlife from New Jersey; the Chief, Division of Enforcement, Department of Environmental Management from Rhode Island; the Chief Game Warden from Vermont; the Chief from West Virginia; the Chief of Marine Resources and the Chief Warden of the Bureau of Warden Service of the Department of Inland Fisheries and Wildlife from Maine; the Director of the Bureau of Law Enforcement from the Pennsylvania Game Commission; the Chief of Law Enforcement of the New Hampshire Fish and Game Department; and the Major from the Enforcement Section of the Department of Natural Resources & Environmental Control from the State of Delaware, hereinafter called the Administrator, from each party state.

      (2) The Administrator of a party state may provide for the discharge of his duties and the performance of his functions on the compact by an alternate. No such alternate shall be entitled to serve unless notification of his identity and appointment shall have been given the compact in such form as the compact may require.

      (3) An alternate serving pursuant to subdivision (2) of this article shall be selected only from among the officers and employees of the conservation law enforcement agency, the head of which such alternate is to represent.

Article IV
Compact Powers

      The Compact shall have the power to:

      (1) Consider and recommend means of identifying organized violators of fish and wildlife and environmental laws.

      (2) Facilitate mutual assistance among the conservation law enforcement agencies of the party states pursuant to Article V of this compact.

      (3) Promote cooperation in conservation law enforcement and make recommendations to the party states and other appropriate law enforcement authorities for the improvement of such cooperation.

      (4) Do all things which may be necessary and incidental to the exercise of the foregoing powers.

Article V
Mutual Aid

      (1) As used in this article:

      (A) "A requesting state" means the state whose conservation law enforcement agent requests assistance; and

      (B) "A responding state" means the state furnishing aid, or requested to furnish aid, pursuant to this article.

      (2) Upon the request for assistance of the Administrator of the conservation law enforcement agency of a party state, the Administrator of the conservation law enforcement agency of each responding state shall order such part of his conservation police force as he, in his discretion, may find necessary, to aid the conservation police forces of the requesting state in order to carry out the purposes set forth in this compact. In such case it shall be the duty of the Administrator of the conservation law enforcement agency of each responding state to issue the necessary orders for such use of the conservation law enforcement forces of his state without the borders of his state, and to direct such forces to place themselves under the operational control of the Administrator of the conservation law enforcement agency of the requesting state.

      (3) The Administrator of the conservation law enforcement agency of any party state, in his discretion, may withhold or recall the conservation law enforcement forces of his state or any part or any member thereof, serving without its borders.

      (4) Whenever any of the conservation law enforcement forces of any party state are engaged outside their own state in carrying out the purposes of this compact, the individual members so engaged shall have the same powers, duties, rights, privileges and immunities as members of the conservation law enforcement forces of the state in which they are engaged, but in any event, a requesting state shall save harmless any member of a conservation law enforcement agency of a responding state serving within its borders for any act or acts done by such member in the performance of such member's duty while engaged in carrying out the purposes of this compact.

      (5) All liability that may arise under the laws of the requesting state or under laws of the responding state or under laws of a third state on account of or in connection with a request for aid shall be assumed and borne by the requesting state.

      (6) Each party state shall provide, in the same amounts and manner as if they were on duty within their state, for the pay and allowances of the personnel of its conservation law enforcement agency while engaged without the state pursuant to this compact and while going to and returning from such duty pursuant to this compact.

      (7) Each party state providing for the payment of a compensation and death benefits to injured members and the representatives of deceased members of its conservation law enforcement agency in case such members sustain injuries or are killed within their own state shall provide for the payment of compensation and death benefits in the same manner and on the same terms in case such members sustain injury or are killed while rendering aid pursuant to this compact.

Article VI
Construction and Severability

      This compact shall be liberally construed so as to effectuate the purpose thereof, and shall not be construed to nullify any existing or future statute created by any party states. The provisions of this compact shall be severable and if any phrase, clause, sentence or provision of this compact is declared to be contrary to the constitution of any state of the United States or the applicability thereof to any government, agency, person or circumstance is held invalid, validity of the remainder of this compact and the applicability thereof to any government, agency, person or circumstance shall not be affected thereby and the compact shall remain in full force and effect as to the remaining party states and in full force and effect as to the state affected as to severable matters.

      (P.A. 99-136, S. 2.)