AGO 80-008.

• Case Date: December 22, 1980
• Court: North Dakota

North Dakota Attorney General Opinions 1980. AGO 80-008. LETTER OPINION December 22, 1980 (OPINION) OPINION 80-8Mr. Larry L. KruckenbergCommissioner North Dakota Game and Fish Department 2121 Lovett Avenue Bismarck, ND 58505 Dear Mr. Kruckenberg: This is in response to your letter of December 1, 1980, wherein you state, in part, the following:

It has been the practice of this department to issue state credentials to Fish and Wildlife Service agents to provide them the enforcement authority vested in the office of Game and Fish Commissioner for enforcement of state fish and wildlife laws.

. . .

This question was brought to me by Mr. William Pfeifer, Animal Damage Control Supervisor for the Fish and Wildlife Service here in Bismarck. Two employees under his supervision, as well as other members of the Fish and Wildlife Service, are involved from time to time with enforcement of state game and fish laws, in addition to the enforcement of federal laws, which fall more directly under their purview.

. . .

Our specific question is this: From the State of North Dakota's perspective, what status do these federal employees have when they possess the law enforcement credentials issued by my office and are enforcing laws for the State of North Dakota? Would the State of North Dakota be in a position to back these individuals, including the provision of defense by your office should some criminal or civil action be brought against them for their actions which were made in good faith on behalf of the State in the enforcement of game and fish laws?

In addition to the issue of legal backing there are some differences in the employment of these individuals. While most are general federal employees, several, specifically those supervised by Mr. Pfeifer, are federal employees who actually draw their pay and per diem from the State of North Dakota. These are individuals who work on animal damage control, a program which receives partial state funding through the State Agriculture Department.

We are somewhat confused by your description of this particular problem wherein you state that Fish and Wildlife Service agents have been issued "state credentials" to provide them with the enforcement authority vested in the Commissioner of the Game and Fish Department. In reviewing Title 20.1-02, we are unable to discover any statutes which...