Maine Revised Statutes

§8901. Forest rangers

1. Appointment.  The Director of the Division of Forestry shall appoint forest rangers, subject to the Civil Service Law and the State Supervisor of the forest protection unit of the Division of Forestry. Rangers assigned to posts at Clayton Lake, St. Pamphile, Estcourt Station, Daaquam, Musquacook Lake, Snare Brook and Baker Lake must be bilingual in French and English.
[ 2011, c. 657, Pt. X, §7 (AMD) .]
2. Powers and duties.  Forest rangers and the state supervisor shall:
A. Subject to supervision of the director, supervise the state forest fire control program, including personnel and facilities of all types; [1979, c. 545, §3 (NEW).]
B. Have the final on-site authority and responsibility for the control of forest fires; [1979, c. 545, §3 (NEW).]
C. Develop and carry out a comprehensive program of forest fire prevention education and training of persons at all levels of command in order to meet supervisory needs during forest fire emergencies; [1979, c. 545, §3 (NEW).]
D. Enforce all laws relating to forests and forest preservation, laws relating to the Maine Land Use Planning Commission and laws and rules relating to lands under the jurisdiction of the Division of Parks and Public Lands; [1991, c. 652, §1 (AMD); 1995, c. 502, Pt. E, §30 (AMD); 2011, c. 657, Pt. W, §7 (REV); 2011, c. 682, §38 (REV).]
E. Investigate and gather evidence regarding the cause of forest fires; [1979, c. 545, §3 (NEW).]
F. Have the authority to set backfires to control forest fires; [1989, c. 174, §1 (AMD).]
G. Carry out such other duties as the director prescribes; and [1989, c. 174, §1 (AMD).]
H. Have rights of access to all lands within the State to carry out the duties they are authorized by law to administer and enforce. Entry into private property under this paragraph is not a trespass. This paragraph does not authorize entry into any building or structure. [1989, c. 174, §2 (NEW).]
[ 1991, c. 652, §1 (AMD); 1995, c. 502, Pt. E, §30 (AMD); 2011, c. 657, Pt. W, §7 (REV); 2011, c. 682, §38 (REV) .]
3. Law enforcement powers.  In addition to any law enforcement powers expressly provided to forest rangers by another law:
A. Forest rangers and the state supervisor, for the purpose of enforcing forest and forest preservation laws, laws of the Maine Land Use Planning Commission and laws and rules relating to the lands under the jurisdiction of the Division of Parks and Public Lands, have statewide law enforcement powers equivalent to those of a sheriff, or a sheriff's deputy, in the sheriff's county, including the right to execute or serve criminal and civil violation processes against offenders, make warrantless arrests for crimes, investigate and prosecute offenders, require aid in executing forest ranger duties and deputize temporary aides; [1999, c. 352, §1 (NEW); 2011, c. 657, Pt. W, §7 (REV); 2011, c. 682, §38 (REV).]
B. The Director of the Division of Forestry, at the director's discretion, may authorize forest rangers and the state supervisor while on duty to arrest without a warrant a person who has committed or is committing in the ranger's or supervisor's presence any crime involving the use or threatened use of physical force against a person.
For the purposes of this paragraph, criminal conduct has been committed or is being committed in the presence of a law enforcement officer when one or more of the officer's senses afford that officer personal knowledge of facts that are sufficient to warrant a prudent and cautious law enforcement officer's belief that a crime involving the use or threatened use of physical force against a person is being or has just been committed and that the person arrested has committed or is committing that crime. An arrest made pursuant to this paragraph must be made at the time of the commission of the criminal conduct, or some part thereof, or within a reasonable time thereafter or upon fresh pursuit; and [1999, c. 352, §1 (NEW); 2011, c. 657, Pt. W, §7 (REV).]
C. Forest rangers and the state supervisor while on or off duty are authorized to provide assistance in a life-threatening emergency consistent with agency policies and within the scope of individual training. [1999, c. 351, §1 (NEW).]
[ 1999, c. 352, §1 (RPR); 2011, c. 657, Pt. W, §7 (REV); 2011, c. 682, §38 (REV) .]
3-A. Liability.  When a forest ranger or the state supervisor provides assistance under subsection 3, paragraph C, the forest ranger or the state supervisor has the same immunity from tort liability and all the pension, relief, disability, workers' compensation and insurance benefits and any other benefits the forest ranger or the state supervisor enjoys while performing duties under subsection 3, paragraphs A and B.
[ 1999, c. 352, §2 (NEW) .]
SECTION HISTORY
1979, c. 545, §3 (NEW). 1985, c. 108, §2 (AMD). 1985, c. 785, §B76 (AMD). 1987, c. 69, §1 (AMD). 1987, c. 349, §H11 (AMD). 1987, c. 769, §A51 (AMD). 1987, c. 816, §§KK14,KK15 (AMD). 1989, c. 174, §§1,2 (AMD). 1991, c. 652, §§1,2 (AMD). 1995, c. 502, §E30 (AMD). 1999, c. 155, §A4 (AMD). 1999, c. 352, §§1,2 (AMD). 2011, c. 657, Pt. W, §7 (REV). 2011, c. 657, Pt. X, §7 (AMD). 2011, c. 682, §38 (REV).

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