§ 42-17.1-4 - Divisions within department.
SECTION 42-17.1-4
§ 42-17.1-4 Divisions within department.– Within the department of environmental management there are established thefollowing divisions:
(1) A division of parks and recreation which shall carry outthose functions of the department relating to the operation and maintenance ofparks and recreation areas and the establishment and maintenance of suchadditional recreation areas as may from time to time be acquired and such otherfunctions and duties as may from time to time be assigned by the director;
(2) A division of fish and wildlife which shall carry outthose functions of the department relating to the administration of hunting,fishing, and shell fisheries; the preservation of wetlands, marsh lands, andwildlife and such other functions and duties as may from time to time beassigned by the director;
(3) A division of agriculture which shall carry out thosefunctions of the department relating to agriculture, entomology and plantindustry and such other functions and duties as may from time to time beassigned by the director;
(4) A division of coastal resources which shall carry outthose functions of the department relating to harbors and harbor lines,pilotage, flood control, shore development, construction of port facilities,and the registration of boats and such other functions and duties as may fromtime to time be assigned by the director, except that the division shall not beresponsible for the functions of inspection of dams and reservoirs, approvingplans for construction or improvement of dams, reservoirs and other structuresin non-tidal waters, and the operation of stream-gauging stations incooperation with the United States Geological Survey, and provided further thatthe division and its staff shall be responsible through the director ofenvironmental management, to the coastal resources management council, and thechief and the staff of the division shall serve as staff to the council;
(5) A division of planning and development which shall carryout those functions of the department relating to planning, programming,acquisition of land, engineering studies and such other studies as the directormay direct, and which shall work with the board of governors for highereducation and the board of regents for elementary and secondary education, witheducational institutions at all levels and with the public in the disseminationof information and education relating to natural resources and shall performthe publication and public relations functions of the department, the functionsof inspection of dams and reservoirs, approving plans for construction orimprovement of dams, reservoirs, and other structures in non-tidal waters, andthe operation of stream-gauging stations in cooperation with the United StatesGeological Survey;
(6) A division of enforcement which shall enforce all of thelaws and regulations of the department and the coastal resources managementcouncil, which shall cooperate with the other enforcement agencies of the stateand its municipalities, and which shall administer all of the policing,enforcing, licensing, registration, and inspection functions of the departmentand such other functions and duties as may from time to time be assigned by thedirector;
(7) A division of forest environment which shall carry outthose functions of the department relating to the administration of forests andnatural areas, including programs for utilization, conservation, forest fireprotection, and improvements of these areas; assisting other agencies and localgovernments in urban programs relating to trees, forests, green belts, andenvironment and such other functions and duties as may from time to time beassigned by the director;
(8) A division of boating safety which shall carry out thosefunctions of the department relating to the development and administration of acoordinated safe boating program in accordance with the Model Safe Boating Actof 1971 as approved by the National Association of State Boating LawAdministrators;
(ii) Administration of the division of boating safety shallbe the responsibility of the state boating law administrator whose duties shallinclude:
(A) The enforcement of all laws relating to the act;
(B) The powers vested in the state boating law administratorand boating safety enforcement officer shall include the enforcement of laws,rules and regulations relating to "Regulation of Boats," title 46, chapter 22and shall also include the power to:
(I) Execute all warrants and search warrants for theviolation of laws, rules and regulations relating to the act.
(II) Serve subpoenas issued for the trial of all offenseshereunder.
(III) To carry firearms or other weapons, concealed orotherwise, in the course of and in performance of their duties under thischapter.
(IV) To arrest without warrant and on view any person foundviolating any law, rule, or regulation relating to the act, take that personbefore a court having jurisdiction for trial, detain that person in custody atthe expense of the state until arraignment and to make and execute complaintswithin any district to the justice or clerk of the court against any person forany of the offenses enumerated under the act committed within the district.
(V) Boating safety enforcement officers shall not be requiredto give surety for costs upon any complaint made by him or her.
(iii) The development and administration of a coordinatedsafe boating program.
(iv) The establishment and enforcement of such rules andregulations as are deemed necessary to achieve the purposes of the Model SafeBoating Act as approved by the state boating law administrators.
(v) The state boating law administrator shall serve as theliaison to the United States Coast Guard.