KRS 235.310: Enforcement -- Powers and status of division employees -- Use of radio

communication equipment.

(1) The commissioner of the Department of Fish and Wildlife Resources shall

designate officers and employees of the department to enforce the provisions of this

chapter, and these officers when duly authorized by the commissioner shall have the

general powers of a peace officer for the enforcement of other offenses against the

Commonwealth. In enforcing the provisions of this chapter, these officers and all

other peace officers of the Commonwealth and its subdivisions shall have the right

to enter upon all waters of this state, either private or public, for the purpose of

inspecting certificate of registration and boat numbering, but shall only have the

right to stop or enter upon boats on such waters if the officer has a reasonable and

articulable suspicion based upon specific and articulable facts which, taken together

with rational inferences from those facts, demonstrate that a violation of the

Kentucky Revised Statutes or an administrative regulation promulgated under this

chapter has occurred, with any subsequent search of the boat or persons on it being

authorized only if supported by probable cause. The provisions of this section shall

not apply to license inspections under KRS 150.090(5), but only as to those licenses

and items specified in that section. They may arrest on sight, without warrant, any

person detected by them in the act of violating any of the provisions of this chapter.

They shall have t he same rights as sheriffs to require aid in arresting, with or

without process, any person found by them violating any of the provisions of this

chapter or other offenses against the Commonwealth.

(2) The officers designated in subsection (1) of this sect ion shall be authorized to

possess and use radio communication equipment capable of receiving and

transmitting on state police radio frequency. The Department of Kentucky State

Police shall cooperate with the department for the purpose of radio communicati on

of these officers when any assistance is necessary.

(3) The department may conduct periodic inspections of marine sanitation devices

according to a regular inspection schedule to be determined by the department. To

conduct the marine sanitation device i nspection, the department officers and

employees may require a motorboat owner to flush a dye through the marine toilet

in the presence of the department officers or employees or use other appropriate

measures to inspect the device.