WAFWA 2011
2010 Law Enforcement Annual Reports
SUBMITTED AT THE
WESTERN ASSOCIATION OF FISH AND WILDLIFE AGENCIES
ANNUAL CONFERENCE
BIG SKY, MONTANA
July 15-20, 2011
WAFWA LAW ENFORCEMENT COMMITTEE
STATE REPORTS
TABLE OF CONTENTS
State or Province
ARIZONA
CALIFORNIA
IDAHO
KANSAS
MONTANA
NEVADA
NEW MEXICO
OKLAHOMA
SOUTH DAKOTA
TEXAS
UTAH
WASHINGTON
WYOMING
YUKON
WAFWA LAW ENFORCEMENT COMMITTEE
STATE REPORT – ARIZONA
By: Gene Elms
AGENCY OVERVIEW:
Are officers 100% Wildlife Law Enforcement or Mixed:
• Arizona has three types of field officers. The Wildlife Manager positions
require a wildlife or equivalent BS degree and there work hours are
roughly split 50/50 for LE and Wildlife Management duties. Our new
Recreation Officer classification is devoted to 100% law enforcement and
does not require a degree. And the Regional Investigator position
requires a wildlife or equivalent BS degree and is assigned to specialized
law enforcement duties.
Straight Line Reporting Structure: [Y/N]
• We are a line and staff Department
Number of Officers:
• Field force is comprised of 74 district wildlife managers, 14 Field
Supervisor Wildlife Managers, 6 Regional Investigators, 2 covert officers,
9 Recreation Officers, and 6 Reserve Officers. And as of current the
Department has 157 total commissioned officers, made up of the field
force noted above, LE command structure and positions who have
changed positions in the Department and retained their commissions.
TRAINING ISSUES:
• The number of quality officer applicants has increased over the last year.
• The Department pushed Off Highway Vehicle legislation through the legislature
and was given the authority to hire 7 new officers that will focus of the
enforcement of OHV laws. This has resulted in the development of new post
academy training curriculum.
• The issues related to undocumented aliens are increasing. Border violence has
increased and groups of UDA’s and drug loads are now being escorted by armed
guards. As a result we have had to implement special border violence related
training, restrict non enforcement personnel in the area, and develop enhanced
enforcement training specific to the new threats.
• We have developed an ATV related Law Enforcement Contact training module
and we now incorporate shooting while wearing OHV protective gear.
• We use the MILO, FATS and Simmunitions system for judgmental shooting
scenarios. We also use Simmunitions and we have incorporate Airsoft into our
force on force training.
• Ammunition orders continue to be a struggle and we must order ammunition 6
months out.
• We have reworked our Reserve Officer Program and have implemented a 40
hour training course to help them understand our Department, our customers and
our law enforcement philosophy. We have also implemented a required Field
Training Officer program for each accepted participant.
•
Medical Marijuana is new to the state and has resulted in increased training
requirements.
FUNDING AND STAFFING ISSUES:
• Our Officers are base budgeted by Department Revenues but their patrol
activities are supplemented by various sources such as OHV, Watercraft and
Coast Guard funding sources.
• Arizona does not receive any general tax revenues.
• Despite the worst two budget years in state history the Department has not
experienced any law enforcement staffing reductions or salary cuts.
• Our OHV decal revenue continues to be stable and has proven to be an effective
tool in ensuring our law enforcement mission is maintained in the face of budget
reductions.
• The legislature also authorized the sweep of two key pieces of watercraft related
funding to county law enforcement agencies. As a result the Department will
receive a reduced Coast Guard grant allocation in 2012 and 2013. In addition the
Department has implemented an IGA program with 8 County law enforcement
agencies. The IGA allows the Department to distribute one million dollars to
these agencies to ensure that they maintain a base watercraft “911” enforcement
presence. Without these funds many of the agencies would be forced to cease
on the water enforcement efforts altogether.
MAJOR CONSERVATION LAW ENFORCEMENT TRENDS:
• Hunting license sales are down. EPA dust issues have resulted in proposals to
close many dirt roads in and around major cities as part of the Federal dust
particulate compliance efforts.
• Shooting sports participation has been increasing and our archery in schools and
Scholastic Clay Target Programs are expanding.
• The Commission and Department continue to enhance hunter recruitment, youth
hunting, and shooting sports programs.
UNIQUE CROSS BOUNDARY OR COOPERATIVE ENFORCEMENT EFFORTS:
• We continue to work with the native American tribes on agreements that allow us
to work and train cooperatively. Some agreements also provide enforcement
authorities to our officers on tribal lands.
• We have finalized a Cooperative agreement with Colorado to allow our officers to
work together collaboratively on projects across state boundaries.
NEW INNOVATIONS IN CONSERVATION LAW ENFORCEMENT:
• The agency is continuing to convert our dispatch and communications to narrow
band. The narrow band conversion is nearly complete and the 5 year project has
cost the Department over 1.5 million dollars to date.
• We are deploying GPS tracking and surveillance technologies across the state.
This has resulted in a real time intelligence system capable of being accessed on
a cell phone and with significant time savings for our officers.
•
•
We are now in year two of a mandatory soft body armor program for all officers.
We are issuing taser proof body armor with internal and external carriers. The
external carrier option has resulted in a significant increase in the number of
officers wearing soft body armor.
This year we issued every officer a SW MP AR15 rifle. These rifles replaced our
old Ruger Mini 14’s.
STATE, REGIONAL, AND NATIONAL ISSUES, LEGISLATION, LEGAL
CHALLENGES AND COURT DECISIONS IMPACTING NATURAL RESOURCES
LAW ENFORCEMENT:
• Most of this year’s legislative agenda was opportunistic in nature. Many of our
successes were the result of being in the right place at the right time and
reworking the legislative proposals from other groups to meet our needs. This
year the following were signed into law:
o HB 1334 prohibits political subdivisions from enacting any ordinance or
regulation limiting the lawful take of wildlife during open season
established by the Game and Fish Commission.
o HB 2006 repeals a statute that had declared it illegal to have "a device for
taking game" within a game refuge and expanded the duties of the Game
and Fish Commission to include adopting rules related to shooting range
operations at public shooting ranges operated by the Commission.
o HB 2314 removes the authority to administer the Law Enforcement and
Boating Safety Fund (LEBSF) from the State Parks Board. States that
only counties that had a law enforcement and boating safety program in
effect before July 1, 1990, are eligible to receive monies from the LEBSF.
Distribution of monies to eligible counties shall be determined by a formula
established annually by the Game and Fish Commission. Deletes the
requirement that counties that receive LEBSF monies must match grants
with own source funds.
o HB 2358 stipulates that a person's hunting or fishing license may be
revoked or suspended for up to five years for taking game and knowingly
permitting an edible portion (also defined) to go to waste, or for acting as a
guide without being licensed. Also modifies the definition of “guide.”
o HB 2396 amends the statute governing the penalties associated with
illegal taking of wildlife to specify that a person who is assessed civil
damages for illegally taking wildlife is prohibited from applying for or
obtaining a hunting license while an action for damages is still pending or
until all damages are paid in full. In addition the bill included the
requirement for a fingerprinting clearance card for all employees and
volunteers at the Game and Fish Department who have contact with
children or vulnerable adults.
o HB 2623 allows for criminal trespassing charges to be brought against a
person who is hunting on posted private land only if the posted notices
contain the words "no trespassing" or the person either remains unlawfully
on the land after a reasonable request to leave by the owner or other
authorized person or if the person knowingly disregards notices prohibiting
trespass at the person's entry point to the property.
o SB 1609 increases the normal retirement date for a state certified police
officer from 20 to 25 years.
COST SAVING INITIATIVES:
• We were able to obtain a $40,000.00 grant to upgrade our MILO system this
year.
• For the first time the Department was awarded border safety related grants. The
roughly $40,000.00 must be used for equipment and enforcement efforts along
the border.
• We received about $30,000.00 in reimbursement from the Federal soft body
armor grant program.
• We have cut down on travel and the Department is increasing the use of
teleconference and video meeting capabilities.
OTHER SPECIAL LAW ENFORCEMENT ISSUES:
• Mexican border conflicts are increasing.
WAFWA LAW ENFORCEMENT COMMITTEE
2011 STATE REPORT – CALIFORNIA
By: Nancy Foley, Chief
Law Enforcement Division
AGENCY OVERVIEW:
The Law Enforcement Division (LED) has 392 law enforcement positions from Chief to
entry level warden. LED utilizes straight line reporting through the chain of command to
the Chief who is at the Deputy Director level within the organization. All LED sworn
game wardens are peace officers for the state with full peace officer powers.
TRAINING ISSUES
The LED recently purchased Tasers for wardens statewide. The purchase was finally
approved by the legislature after a two year pilot program and struggles to make
everyone understand the usefulness of this enforcement tool in officer safety. The
Tasers should arrive in July, and LED will be setting up statewide training to get our
wardens certified.
FUNDING AND STAFFING ISSUES:
The State budget struggles have continued to affect the LED. Wardens have been
saddled with three furlough days a month, which equals to about a fifteen percent pay
cut, during the past two years. Recently wardens were reduced to only one furlough
day per month, and received an additional five percent reduction in pay.
While the pay for wardens has decreased during these tough budget times, the annual
budget for the LED has been increasing over the past few years. The 2011 budget for
LED is up from 67 million in 2010 to 73 million in 2011. Four million of the increase is to
begin dealing with telecommunication infrastructure issues with our dispatch system.
The Natural Resource Volunteer Program continues to grow as the department puts on
training for new volunteers in northern California. The program, which LED oversees,
has approximately 130 volunteers statewide. The number of volunteers increases
about every two or three months. The volunteers are required to go through a two week
class covering many of the mandates of the Department. The current volunteers have
assisted in everything from non enforcement patrols of state lands for signage and
fencing, to fish rescue work and canvassing neighborhoods where human wildlife
conflict is occurring. They also assist enforcement at check points, vehicle transports
and evidence disposal.
The LED is finalizing the policy for creating a new Reserve Warden Program. The
program will be a volunteer program allowing full time peace officers from other
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agencies, or retired DFG wardens to work with current wardens to provide additional
officer safety and assistance.
MAJOR CONSERVATION LAW ENFORCEMENT TRENDS:
The Fish and Game Commission continues to approve new Marine Protected areas
along the 1100 mile California coastline (approximately 120 new areas). The new
mandates come without adequate or new funding and LED is challenged to provide the
LE protections these areas need to be successful in their purpose.
Tribal interactions have increased significantly as a result of the new Marine Protected
Area regulatory process. California is working through the difficult questions and
processes to determine how to deal with the possible rights of tribal members in the
coastal areas which may soon be closed to all take.
UNIQUE CROSS BOUNDARY OR COOPERATIVE ENFORCEMENT EFFORTS:
Wardens continue to work to eliminate illegal marijuana gardens run by international
drug trafficking organizations. Wardens are involved in marijuana operations because of
the threat they pose to public safety, and the associated poaching, pollution and habitat
destruction. LED recently posted a five minute video on YouTube to illustrate the
problem: http://www.youtube.com/CaliforniaDFG#p/a/u/2/DDMMeAcHYIc
Wardens continue to assist NOAA with federal fisheries enforcement under the
Cooperative Enforcement Program which provides some funding to LED for federal
fisheries law enforcement. California works closely with Oregon and Washington on
fisheries issues affecting all three states. The three states continue to address priority
enforcement issues by putting together enforcement emphasis patrols on the entire
west cost to deal with specific federal fishery issues. The most recent directed
enforcement detail looked at the new Trawl Rationalization Program in all three states
during a set time period. The results of these west coast wide enforcement efforts are
reported to the Pacific Fisheries Management Council which all three states participate.
NEW INNOVATIONS IN CONSERVATION LAW ENFORCEMENT:
In an effort to better communicate with field personnel, the Chief initiated Podcasts
available as a download to LED staff only. Input from the field indicates the wardens
enjoy the personal touch and getting to hear from the Chief as to what is happening at
the Capitol, Headquarters and on the budget front. This is also a forum for the Chief to
respond to questions posed by the field. The plan is for one Podcast per month lasting
15-20 minutes each.
LED recently purchased and is awaiting delivery of a camera system for one aircraft.
The system will allow LED to carry out high altitude surveillance and capture video and
still images on a digital video recorder on the plane. The LED hopes to show uses for
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the new camera system in inland areas of the state as well as in the newly designated
Marine Protected Areas and at sea.
STATE, REGIONAL, AND NATIONAL ISSUES, LEGISLATION, LEGAL
CHALLENGES AND COURT DECISIONS IMPACTING NATURAL RESOURCES
LAW ENFORCEMENT:
On June 20th, the California Supreme Court ruled in The People v. Bouhn Maikhio. The
Supreme Court ruled with a unanimous decision that fish and game wardens are
statutorily authorized to stop a vehicle occupied by a person the warden reasonably
believes has recently been fishing or hunting in order to demand the display of any fish,
game, licenses, tags, and hunting or fishing gear, even if the warden has no reason to
suspect the person has violated any law. The Court also ruled such stops do not violate
the Fourth Amendment of the U.S. Constitution. The defense has 90 days to file a
petition for review with the U.S. Supreme Court. This is a tremendous decision for
Game Wardens which highlights the special enforcement powers delegated to wildlife
law enforcement. The decision will be published.
COST SAVING INITIATIVES:
The Department and the LED have been working through cost saving drills dealing with
cell phones and vehicles/mobile equipment.
The Governors Office has a goal of removing 50% of cell phones currently used by
State workers. LED has worked through the reduction drills and made necessary
justifications to maintain cell phones with all LED sworn staff. No final decisions have
been made on the level of cuts LED will be faced with as a result of this reduction drill.
The vehicle/mobile equipment reduction drill is far more concerning to the LED. New
vehicle purchases have been denied the past two years, and now the reduction drill is
threatening to make even more cuts to vehicles and mobile equipment. Increased
spending on repairing high mileage vehicles has become a reality.
OTHER SPECIAL LAW ENFORCEMENT ISSUES:
The Humane Society of the United States continues efforts to support Game Wardens
by supporting an anti poaching campaign in California. HSUS announced to the Fish
and Game Commission the gathering of local support by HSUS members to contact
courts and District Attorneys through letters and phone calls when important cases are
pending. California has reduced monies going to support the court system and the
District Attorneys. Many county DA’s have stated they may not be able to prosecute
non violent misdemeanors, which would eliminate the prosecution of most Fish and
Game cases. The LED is working with other organizations, like California Waterfowl
Association to broaden the participation with this kind of effort.
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Original Productions has continued filming wardens working in an effort to create
additional episodes of Wild Justice which is aired on the NatGeo channel. This project
continues to bring up complicated issues from the Department’s standpoint; however,
the shows have helped educate the public, other LE agencies and California politicians
of the diversity and complexity of the job of a wildlife law enforcement officer. The
Division has seen an increase in job applicants and in recognition from the general, non
consumptive public since the show has aired.
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WAFWA LAW ENFORCEMENT COMMITTEE
STATE REPORT – Idaho Fish and Game
By: Jon Heggen, Chief of Law Enforcement
June 2011
AGENCY OVERVIEW:
Our officers 100% Wildlife Law Enforcement or Mixed: Idaho Conservation
Officers POST Certified State Law Enforcement Officers with mixed LE and resource
management duties.
Straight Line Reporting Structure: No, We are a Line/Staff agency.
Number of Officers: 112
TRAINING ISSUES:
We implemented IMPACT training this year. All officers attended the one day Tactical
Communications course. All supervisors and a cadre of FTO’s took the instructor 3 day
course. IMPACT training will become part of our annual training program as well as our
initial new officer training.
FUNDING AND STAFFING ISSUES:
We have six officer vacancies. Last year I reported a 5% cut in personnel funding. We
managed to keep existing officers in place by leaving vacancies open and utilizing
alternative funding sources, such as PR/DJ funds to conduct approved wildlife and fish
bureau projects. This past Legislative session was successful in converting some
operating monies from all sources in the agency to make up 2.5% in personnel funding.
We are in the process of filling 4 of the 6 vacancies. Future funding continues to look
dismal and we are putting in a contingency budget that would reflect an overall 5%
reduction for FY13.
MAJOR CONSERVATION LAW ENFORCEMENT TRENDS:
We have developed a program to ‘blocked’ persons revoked of hunting, fishing, and
trapping privileges from purchasing licenses through our Active Outdoors licensing
portals. This should help curtail the increasing number of folks who continue to
purchase licenses while revoked. Prior to an automated licensing program, prosecutors
did not have issues filing charges on folks who purchased while revoked. However, with
the new license system, it appears the defense, “well, if I’m revoked, why did you sell
me a license” has received some legs. We also have a statement printed on the license
that attests that the person buying a license is not revoked in Idaho or any other
Compact state (thanks to Alaska for that idea).
Party hunting and unlicensed outfitting for big game continue to occupy our investigative
efforts. During an SIU investigation into some unlawful elk hunting by one group,
investigators ‘bumped’ into 2 more separate groups involved in ‘party hunting’ activities.
The unlawful use of other’s tags and permits and over limits of big game continue to be
high.
UNIQUE CROSS BOUNDARY OR COOPERATIVE ENFORCEMENT EFFORTS:
After a third investigation, the latest spanning three years, for illegal and unlicensed
outfitting and various illegal hunting activity, a southeastern Idaho lodge owner pled
guilty in federal court to two felonies: A lacey act violation and bankruptcy fraud. This
was a joint investigation between USFWS and IDFG.
Another joint investigation involving an Idaho tannery resulted in a search warrant
involving IDFG, USFWS, NOAA, ICE, and local LE. The investigation continues, but the
search warrant did draw legislative attention, resulting in legislation (see below).
NEW INNOVATIONS IN CONSERVATION LAW ENFORCEMENT:
We received a grant from Shikar-Safari Club International with donations from several
local vendors to initiate a pilot K-9 Program. A black lab was donated. All the food for a
year from a local pet store chain was also donated. Our officers built a dog cage in a
crew cab pickup from donated materials. We sent the dog and handler to a K9 academy
in Indiana for 4 weeks and both passed with flying colors. The only state funds utilized
in the program have been the officer’s wages. We have already seen positive fruits
when Pepper retrieved firearms, shells and camo clothing from some closed season
waterfowl hunters who were also trespassing in a farmer’s field.
STATE, REGIONAL, AND NATIONAL ISSUES, LEGISLATION, LEGAL
CHALLENGES AND COURT DECISIONS IMPACTING NATURAL RESOURCES
LAW ENFORCEMENT:
Our legislative session was busy again this year. Several bills were introduced to take
away IDFG’s authority to manage and enforce OHV restrictions relative to hunting. All
three failed, but an interim legislative task force will be convened this summer to study
the issue and provide recommendations for next year’s session. Currently our officers
have the ability to enforce US Forest Service Travel plans. Our Fish and Game
Commission has also adopted rules that restrict off highway travel by hunters in certain
game units and hunts. These authorities have been challenged by OHV groups and
have become quite controversial.
Other legislation proposed would have made it unlawful for anyone, including FG
personnel, to report illegal take of wolves to the USFWS. Earlier versions of the bill
failed. An amended bill requires the Governor to establish a declaration of emergency
calling for LE to lethally remove wolves from Idaho as long as they remain listed under
ESA. The bill past but is mute since wolves were delisted by congressional action.
Legislation also passed making it illegal for persons to utilize aircraft to search for and
locate big game from aircraft, land and take same critters within the same calendar day.
As a result of a search warrant on an Idaho tannery, new legislation was passed
allowing tannerys to accept raw pelts and hides from licensed taxidermists without the
name and license number of the critter’s taker (taxidermist must have that information
on file). Individuals submitting hides and furs to a tannery must still report and record
taker’s name and license information. The thought process behind the legislation is to
protect the taxidermist’s client list from a tannery’s ability to solicit the trapper/hunter
directly and cut out the middle man.
COST SAVING INITIATIVES:
See funding
WAFWA LAW ENFORCEMENT COMMITTEE
STATE REPORT – KANSAS
By: Kevin Jones
AGENCY OVERVIEW:
Are officers 100% Wildlife Law Enforcement or Mixed: 100% Wildlife and
Boating Law Enforcement.
Straight Line Reporting Structure: Yes
Number of Officers: 82
•
Training Issues - describe any new or innovative training programs or techniques
which have been recently developed, implemented or are now required.
The intra-agency Law Enforcement Training Committee is continuing its work
toward unifying and standardizing training across the entire agency. The committee has
been working for the past two years to reach and maintain this goal. Prior to its
creation, each of the three agency divisions having law enforcement responsibilities
created their own training programs. This was inefficient and created differences in how
our officers performed their duties. Under the new system the agency has better
interaction and consistency in their work.
The Law Enforcement Division has stepped up its officer training in boating
enforcement. A stronger emphasis is being placed on all aspects of boating training,
from basic patrol to advanced accident reconstruction.
Officers in the Law Enforcement Division are now equipped with mobile data
capabilities and have been receiving training in the use of the associated reporting and
information database programs. At the time of this report, the final distribution and
training is being completed.
The K-9 program continues to serve the agency well. The original group of
officers and dogs are rapidly coming to a time where the K-9s are retiring from service.
In some cases, the officer is also retiring from K-9 service, resulting in the recruitment of
new officers and dogs for the program. During the past year two vacancies occurred
within the K-9 program and new officers were assigned to the vacated positions. Dogs
were selected and the training occurred. The agency chose for the new teams to attend
the Indiana K-9 training program. It was decided that it was beneficial for the teams to
be initially trained and certified by an outside agency in order to maximize their objective
review.
•
Funding and Staffing Issues - identify any recent developments in funding,
staffing, and diversity in employment issues and describe what prompted these
developments and how improvements in funding, staffing and diversity in
employment were accomplished.
A new Game Warden position was approved by the 2010 Legislature. This
position has been filled and located in Osage County, which is in the east-central part of
the state. This area has a lot of activity as it is a short distance of the largest population
area of the state, two large reservoirs and associated public hunting areas.
In order to more closely match revenues with expenditures, the Secretary has
directed a budget savings reduction in Fiscal Year 2012, which begins July 1, 2011.
The 2.5% reduction is focused on revenues primarily derived from hunting and fishing
license sales and affects all programs associated with this funding source. While the
reduction in itself is manageable, the increase in operations costs, particularly truck fuel,
makes it more challenging.
The FY 2013 budget base is also being reduced to match the FY 2012 savings
reduction. The development of this budget is dependent upon Legislative directions.
The Legislature is considering a number of options to try and reduce the budget deficit
in FY 2012. Some of the considerations include changes to the retirement system,
reduction in cell phones, and other operating expenses. Cuts to the general budget will
affect staffing in a number of agencies. Because the Department is fee revenue funded,
and not dependent on general state tax revenue, it is unknown at this time how these
proposals may affect us.
•
Major Conservation Law Enforcement Trends - identify any major cooperative,
interstate, reciprocal or other cross jurisdictional law enforcement trends (e.g.
including community policing, operator under the influence (QUI) initiatives, or other
issues which fall outside traditional fish and wildlife enforcement functions).
Participation in the Underage Drinking Prevention program is continuing. This
program is funded through a grant administered by the Kansas Department of
Transportation. It allows officers to be paid for working overtime hours, and allows
officer the ability to focus particularly department lands for this illegal activity. No only
do the officers make arrests and suppress illegal drinking activity, it also allows officers
additional patrol time for wildlife related enforcement.
•
Unique Cross Boundary or Cooperative, Enforcement Efforts - describe any
Interagency, interstate, international, state/tribal, or other cross jurisdictional
enforcement efforts (e.g. major Lacey Act investigations, progress with Wildlife
Violator Compacts, improvements in interagency communication (WCIS), etc.)
The first indictments and guilty pleas have been made in Operation Cimarron. This
case has been under investigation and preparation for prosecution for the past four
years. The three primary defendants in the case have pleaded guilty to a variety of
charges and are awaiting sentencing in June.
Additional cases are continually being developed. During the past year a new
Captain of Investigations has been hired and is focusing efforts toward better case
coordination and referral. A new records management system is a part of the Captain’s
goals for his section.
•
New Innovations in Conservation Law Enforcement - describe any innovations in
equipment, enforcement techniques, forensics, etc.
Mobile data terminals are now functioning in all Law Enforcement Division
vehicles. The officers are now capable of receiving data transmissions in their trucks
relating to licensing, violations, revocations, criminal histories and other records.
Additionally officers are able to more efficiently use their work hours in filing reports,
making inquiries and communicating.
The Division is applying for a Justice Assistance Grant toward the purchase of a
new records management system. Currently there is no data management component
that centralizes all records systems.
•
State, Regional and National Issues, Legislation, Legal Challenges and Court
Decisions Impacting Natural Resources Law Enforcement - describe issues
which impact or challenge law enforcement authority.
Among the motions filed in the Operation Cimarron case was a motion regarding
the value of the illegally taken deer. In considering the arguments, Judge Brown ruled
that the value of the deer was equal to the cost of the guided hunt. In essence, Judge
Brown found that if a client paid $4,000 for a guided hunt, then the value of the deer
$4,000. This ruling was in Federal District Court and is subject to appeal.
•
Cost Savings Initiatives - Identify initiatives in any area which contributed to
improvements in work effectiveness and fiscal efficiency.
•
Other Special Law Enforcement Issues
WAFWA LAW ENFORCEMENT COMMITTEE
STATE REPORT – MONTANA, 2011
By: Jim Kropp, Chief
AGENCY OVERVIEW:
Field Wardens are mostly Fish & Wildlife budgeted. FWP wardens are also legislatively
mandated to enforce general recreational law enforcement including parks, water safety, OHV,
snowmobile, outfitters, and state land recreational rules.
Straight Line Reporting Structure: Wardens report to regional Captains who in turn report
to a regional (area) supervisor.
Number of Officers: 105 sworn officers + 7 Administrative Staff
TRAINING ISSUES:
• The annual FWP Law Enforcement In-Service Training was cancelled by the agency,
ostensibly as a cost-cutting measure. However, given the importance of this seminar
(which includes workshops and training in case law, legal procedure, officer safety,
personal defense and other fundamental skills) concerns and questions have risen
pertaining to officer currency, officer safety, as well as potential liability for not
holding this important training.
• The Enforcement Bureau Training officer retired in December and that position has gone
unfilled by direction of the agency. Montana Wardens are by statute, excluded from
having to accommodate vacancy savings but this important position (which oversees
recruitment, training, programs, equipment purchase and distribution and a host of other
officer-related duties) remains open. As a result, some vital Enforcement training/hiring
functions are diminished.
• Warden Trainees are hired as college seniors who, through a rigorous selection process
(that is the same as general warden recruitment) work part-time alongside game wardens
in regional offices. At the close of their college career with satisfactory evaluations, they
become probationary wardens like other entry-level officers. In doing this, Montana
college students are given an opportunity to enter the warden force with considerable
prior training and experience. This past year, the hiring of warden trainees was postponed
as part of vacancy savings by the administration which resulted in missing deadlines to
solicit candidates from Montana colleges and universities. We hope to solicit the
positions in the fall to begin service in summer, 2012.
• We recently had 3 probationary wardens graduate from the law enforcement academy.
We are required to have officers attend the 12 week Basic course within the first year of
hire.
FUNDING AND STAFFING ISSUES:
• FWP law enforcement continues to experience a serious disparity in pay with other state
and local law enforcement officers. Although economic conditions have temporarily
reduced our recruitment and retention issues somewhat, that lack of parity remains and
will continue to be an issue for wardens. The Enforcement Bureau has lost 2 more
wardens to other law enforcement agencies based on pay issues in the last year.
• Maintaining funding for a full-time prosecutor in the state Attorney General’s Office
remains a priority. Currently, .a 50 FTE prosecutor is operating on fish and wildlife
cases. However, the backlog of cases keeps increasing and the need to dedicate full-time
efforts at the prosecutorial level is growing significantly.
• Funding for participation in the statewide narrow-band radio system remains an issue.
The cost of bringing all communications systems up to par, coupled with passing out
equipment that even over the course of a few years has become obsolete and
incompatible with newer systems. Although mobile radios are installed in all
Enforcement vehicles, there remain relatively few current hand-held radios in the field.
Funding is the issue here as hand-held radios cost as much for purchase and
programming as mobile models (about $7000 each.) Hand-helds are being purchased
whenever possible to fill that gap.
• Combined with funding and staffing trends is the fact that the agency is not purchasing
new computers for the foreseeable future. This creates a significant issue for Law
Enforcement as the bureau is in the middle of switching to portable computers (Tough
Books) which was to enable a number of other law enforcement systems including Smart
Cop and I Cop.
• Additionally, new vehicle purchases are frozen and the old trucks are being kept in
service at much higher mileages than ever before. Field wardens continue to have
problems with breakdowns and major vehicle component simply wearing out prior to
replacement. This represents not only a fiscal issue when major components like engines
and drive trains must be completely replaced but also raise a number of officer safety
issues in terms of potential needs such as high speed pursuit and general off-road
serviceability.
MAJOR CONSERVATION LAW ENFORCEMENT TRENDS:
• FWP Enforcement has remained steadfast in its commitment to pursuing large-scale,
complex wildlife commercialization cases. Although many of these cases have been
prosecuted, it has been through the development of a system including regional (overt)
investigators coupled with covert operations which have brought these cases to light.
Generally speaking, the number of these incidents is likely not increasing but rather, the
ability of enforcement officers to investigate and prosecute the cases has increased.
• Aquatic Nuisance Species loom as another major issue for enforcement. Montana and
surrounding states have identified both plant and animal species which pose a threat to
our respective waterways and efforts across state boundaries are being developed to
curtail their spread. Law was passed in the 2011 legislature to address invasive species
with no dedicated appropriation to support enforcement efforts. Check stations as well as
other field inspections will add a substantial workload during the spring and summer
busy seasons.
•
Wardens continue to be regularly involved in issues revolving around human/wildlife
conflicts. This runs the gambit from problem animals in residential settings to
investigating attacks on people. In 2010, an attack which resulted in a fatality was
handled utilizing WHART (Wildlife-Human Attack Response Training) protocols. As a
result, response to victims, evidence collection, as well as dealing with the media was
handled very well. The protocols provided a methodological approach to this situation
and minimized gaps and losses in time, as well as responsiveness. FWP is working with
Montana POST to ensure that our officers are current in standards of training and in
compliance with state peace officer requirements.
UNIQUE CROSS BOUNDARY OR COOPERATIVE ENFORCEMENT EFFORTS:
• A working group of judges, prosecutors, FWP Enforcement and legislative staff revised
all fish and wildlife criminal codes as a means to clarify sentencing provisions and
penalties and assist the criminal justice as well as the public. The resulting package was
passed by the 2011 Legislature with overwhelming majorities and signed into law by the
Governor.
• Following the 2009 passage of HB 160, a bill that legalized access to streams and bridge
crossings, FWP Wardens took the lead in identifying locations as well as assisting
landowners and members of sportsman’s groups in designating those sites. Wardens
continue to be significantly involved in working with private landowners as well as the
physical installation of gates, roller fences and other structures to provide safe and legal
access to streams via bridge crossings. The Enforcement Bureau developed an
interactive map for the FWP website which, when brought on line will provide a means
for the public to see where these legal access sites are as well as get information on the
various structures and aid to access exist at the site. The map is waiting launching in early
summer.
NEW INNOVATIONS IN CONSERVATION LAW ENFORCEMENT:
• A pilot program utilizing dash cams in warden vehicles was initiated in 2010. Two
officers’ vehicles have been equipped with dash cams and will be monitored for utility
over the next few months. Because of numerous false starts due to equipment problems
coupled with unreliable vendor support, the full test of these systems has only just begun.
Should they prove successful and useable, it is expected that all field officers will
ultimately be equipped with these. The conversion over to Tough Book laptop computers
for all officers began last year but has been put on hold with the agency-wide freeze on
the purchase of new computers.. These were to replace less durable notebooks currently
being used, and allow for ultimate conversion to a larger interoperable system as well as
reduce the number of computers each officer has for work to 1.
• With the appointment of a new supervisor of the FWP Criminal Investigations Section
(CIS) and number of new initiatives have occurred. Increased emphasis on
computer/social network crime, greater formalization of case selection as well as
heightened cooperation between other state agencies are priority efforts.
• The numbers of social network investigations (Facebook, Youtube) are increasing at
phenomenal rate and have proven to be a good source of cases. Individuals have posted
incriminating videos of themselves engaging in unlawful activity and usually do so with
various identifiers present in the pictures (license plates, etc.)
STATE, REGIONAL, AND NATIONAL ISSUES, LEGISLATION, LEGAL
CHALLENGES AND COURT DECISIONS IMPACTING NATURAL RESOURCES
LAW ENFORCEMENT:
• Wolves were taken off the Endangered Species List in Montana and Idaho through
Congressional action in the spring of 2011. Proposals to re-initiate hunting this fall are
currently going through public review. In the interim Enforcement has been attempting
to bring field staff back up to speed in regards to restrictions and limitations that
individuals (landowners, pet owners and the general public) are subject to in dealing with
wolf issues. We anticipate this will present an added workload for the next few years at
least.
• The most recent Montana Legislative Session presented a number of challenges for FWP
Law Enforcement including bill to substantially limit warden authority, changes in laws
regarding the use of silencers when hunting and a number of other issues dealing with
hunting ethics and law enforcement. Most of these bills ultimately failed but hearings
tended to provide bully pulpits for individuals and some groups to complain about
various facets of FWP Enforcement’s work.
• Statutory authority for FWP wardens to enforce Minors in Possession (MIP) on state
recreation properties was again brought before the Legislature. Currently, MIP is outside
the scope of FWP wardens and we must summon local law enforcement when confronted
with MIP’s. The bill did not pass the Senate Floor in the session. MOU’s between FWP
and county Sheriffs have been a means through which wardens may handle these
problems on state sites. Nonetheless, legislation is still desired to provide the necessary
authority to game wardens to handle this work.
COST SAVING INITIATIVES:
• Establishment our own shop for the equipping of warden vehicles continues to show very
positive cost savings. Everything from radios and cell setups to lights, winches and other
gear is handled by our shop. Additionally, FWP Information Technology has provided a
portion of an FTE to aid in the range of computer electronics work needed for radios,
computers, video setups and other Enforcement needs. This has saved considerable time
in terms of programming, problem-solving and making decisions on the practicality of a
number of Enforcement electronic tools.
OTHER SPECIAL LAW ENFORCEMENT ISSUES:
• In cooperation with Muddy Boots Productions, Wardens has become a mainstay on the
Outdoor Channel since its premiere in the winter of 2011. Utilizing ride-alongs and on
the scene filming, the show has portrayed the day to day work of FWP Wardens
throughout the year, from water safety work on the rivers, checking anglers, various
training segments as well as hunting sequences. The program has been met with
overwhelmingly positive reviews from the public. The show is now the top-rated
program on the Outdoor Channel with over 10 million viewers in the first year. The
Outdoor Channel has begun the second season of filming with the show now being
expanded into a 1-hour format from its previous 30 minute time slot.
WAFWA Law Enforcement Committee
State Report – NEVADA
Submitted By:
Rob Buonamici
Chief Game Warden
Nevada Department of Wildlife
Division of Law Enforcement
July 2011
The following report covers the period July 1, 2010 through June 30, 2011(FY 11) for the
Nevada Department of Wildlife - Division of Law Enforcement. Topic areas are in accord with
the guidelines established by the International Association of Fish and Wildlife Agencies Law
Enforcement Committee.
Law Enforcement Overview:
The Division of Law Enforcement has 56 employees. We have a straight line reporting
structure with 32 field game wardens, two seasonal game wardens, and a “major wildlife
crimes unit” consisting of a captain and field investigator responsible for protecting
110,000 square miles and 385,000 surface acres of water. The division is responsible
for wildlife enforcement, boating enforcement, boating education, boat access grants,
installation and maintenance of navigational aids, statewide law enforcement dispatch,
dispatch for all other agency employees, mountain top repeater installation and
maintenance, and all department vehicle radio installations. Our game wardens are
state peace officers and devote 100 percent of their time to wildlife law enforcement,
boating safety, human/wildlife conflicts and general public safety.
Training Issues:
Nevada continues to strive for quality training in the most efficient manner possible.
We’re losing veteran “skills” instructors and experiencing continued difficulty in filling
current and upcoming vacancies.
Funding and Staffing Issues:
Nevada continues to take proactive measures in order to address an ongoing
recruitment problem. We currently have five field game warden vacancies. We are still
receiving about 300 applications per recruitment effort resulting in about two to three
viable recruits. However, in our latest recruitment process six individuals were given
conditional offers of employment.
WWLEA State Report – Nevada
July 2011
Page 2 of 4
As a result of funding declines in boat registration we will not fill two game warden
positions and virtually all boat related equipment for FY 2012 & 2013 has been
eliminated. We are required to take a 2.5% pay cut effective July 1, 2011 and six
furlough days per year. Longevity pay and annual merit increases are frozen as well.
Our retirement contribution rate is also increasing by approximately 1.9%.
Major Conservation Law Enforcement Trends And New Innovations in Conservation Law
Enforcement:
Our officer’s continue to provide courteous and professional service to the public. This
includes encounters with the general public as well as sportsman. We continue to
receive very few complaints against officers. Although we do not officially track letters of
accommodation from the public, our game wardens appear to be receiving more “good
job” letters from the public than ever before.
The Interstate Wildlife Violator Compact (IWVC) continues to provide the desired goal of
removing violators from our law-abiding sportsman. We continue to receive appeals,
letters and calls from violators from other jurisdictions that want to continue to hunt and
apply in Nevada. We continue to support the IWVC and uphold those revocations
applicable under Nevada law.
Public support has continued for game wardens and the Law Enforcement Program.
Our media outreach program and community relations activity continues to benefit the
Division of Law Enforcement. All these factors have contributed to greater public
support for the law enforcement efforts. We are optimistic that this will pay dividends
when the economy eventually recovers.
Unique Cross Boundary or Cooperative Enforcement Efforts:
Nevada has continued to participate on “OUI” checkpoints on the Colorado River
System. This includes Lake Mead, Lake Mohave and the Colorado River. This requires
a coordinated effort with other Agencies such as National Park Service, Arizona Game
& Fish, Las Vegas Metro and Nevada Department of Public Safety.
In addition, Nevada game wardens continue working with Arizona Game & Fish, Utah
Division of Wildlife, California Fish & Game and the Oregon State Police on various
border issues and special projects.
Game wardens are spending more time assisting other law enforcement agencies with
identifying and taking down marijuana grows in Nevada’s remote areas. These
coordinated efforts have resulted in enhanced safety for our officers as it minimizes an
officer accidentally stumbling upon a grow and it obviously enhances public safety.
WWLEA State Report – Nevada
July 2011
Page 3 of 4
State, Regional and National Issues, Legislation, Legal Challenges and Court Decisions
Impacting Natural Resource Law Enforcement:
The issue of invasive species, particularly quagga mussels and northern pike, represent
a continued challenge. Our public outreach efforts and law enforcement efforts can now
be bolstered with the passage of new legislation.
This year’s law enforcement related legislation includes:
•
Eliminate the requirement for peace officers to arrest juveniles involved in a
crime while in possession of a firearm. Under the old law game wardens were
required to arrest juveniles for wildlife violations if they had a firearm in their
possession.
•
Enhancement of civil penalties for poaching trophy animals up to a $30,000
maximum.
•
Provide the Department the authority to regulate shed antler collection.
•
Provides authority to the Department to inspect of vessels for purposes of
checking for aquatic invasive species. This legislation has a felony provision for
second offence of willful introduction of an aquatic invasive species. It also
provides for a civil penalty of $25,000 to $250,000 on first and/or second offence.
The Nevada Board of Wildlife Commissioners has passed Nevada’s first bear hunt. This
has been extremely controversial. An extensive amount of time has been spent
monitoring anti-hunter group activity and providing security at commission meetings. We
are now preparing for the hunt which begins in August. However, a law suit has been
filed to stop the bear hunt.
Cost Savings Initiatives:
Game Wardens have become more focused on patrols and more creative in “special
projects” to address specific concerns.
Efforts are made at every opportunity to conserve fuel through the use of ATV’s and
other alternative transportation.
Other Special Law Enforcement Issues:
We continue to promote our unique skills through involvement with other local, state and
federal law enforcement agencies. Active participation in organizations such as Police
Chiefs Associations, Sheriffs & Chiefs Association and Anti-terrorism task force has
resulted in better relationships with those agencies and a substantially improved
working relationship with other Law Enforcement Agencies. This has resulted in other
WWLEA State Report – Nevada
July 2011
Page 4 of 4
law enforcement organizations assisting and supporting our Division on important topics
such as officer safety issues as well as turning to our Officer’s because of their
experience and unique skills.
WAFWA LAW ENFORCEMENT COMMITTEE
STATE REPORT – New Mexico
By: Dan Brooks
AGENCY OVERVIEW:
Are officers 100% Wildlife Law Enforcement or Mixed:
New Mexico utilizes the Conservation Officer concept with officers splitting their
time between enforcement and other conservation activities.
Straight Line Reporting Structure: Leadership and supervision for officers is a line
and staff operation
Number of Officers: 90 (53 district officers stationed directly in the field)
TRAINING ISSUES:
The Department received a $42,000 training grant from New Mexico’s Department
Homeland Security and Emergency Management Agency for First Responder
Operations in Rural Terrain (FORT) enforcement training. Conservation Officers were
assigned to this training which emphasized individual officer and team movement
techniques, vehicle drills, downed officer/citizen rescue, patrolling, and break contact
methods officers can use to enhance their survivability and response to critical
enforcement situations.
This course was developed for officers working in rural areas and along the border
regions of the United States. Different techniques, tactics and procedures were
learned, rehearsed, and used during the 3 day training sessions. The training was
viewed as extremely positive and will improve the Department’s ability to respond to
criminal activity around or near the borders of New Mexico, including the international
border between New Mexico and Mexico.
This training was in addition to other training in firearms, defensive tactics and legal
updates that are currently required for officers to maintain their commission.
FUNDING AND STAFFING ISSUES:
Although hiring restrictions are still limited, the Department has received approval to hire
new officers and recruit for promotional field positions. It is estimated that by the end of
the year the Department will experience a 30% vacancy rate due to promotions,
separation from service, and postponement of hiring due to earlier State restrictions.
The Department is in the process of hiring for multiple field vacancies and will hire again
in the fall of 2011 making field vacancies a top priority.
There is a group of 4 new officers in their final training phase and should be assigned to
districts by mid to late summer giving a much needed boost to field enforcement.
UNIQUE CROSS BOUNDARY OR COOPERATIVE ENFORCEMENT EFFORTS:
Sumner Lake, a 2,800 acre body of water managed by New Mexico State Parks was
closed to boating temporarily due to a test result indicating the potential presence of
Quagga mussel veligers, or larva, during routine tests of lake water. The lake has been
re-opened to boating with mandatory decontamination restrictions and boating access
hours. The Department is working closely with State Parks and the Bureau of
Reclamation on further testing and enforcement strategies.
Enforcement efforts are challenging at this initial stage because each agency has a
different set of authorities and priorities. The immediate challenge is to make an
accurate diagnostic while minimizing the possibility of spreading aquatic invasive
species. Department officials will continue to work with both other agencies to achieve
compliance and protect the water resources.
STATE, REGIONAL, AND NATIONAL ISSUES, LEGISLATION, LEGAL
CHALLENGES AND COURT DECISIONS IMPACTING NATURAL RESOURCES
LAW ENFORCEMENT:
Senate Bill 196 has been enacted this spring and will take affect April 2012. The bill
has major changes in licensing, drawing quotas and makes certain licenses types as
resident only. The new law creates a game hunting license requirement (mandatory
base license), increases the percentage of public draw licenses for residents and
designates State owned Wildlife Management Areas and all antlerless elk draw hunts to
be for resident hunters only.
These changes in law will result in the re-tooling of licenses, change some of the
drawing procedures and is estimated to increase resident draw licenses by
approximately 3400. The Department is seeking field officer input on licensing changes
for this process.
The new law also makes significant modifications to registered outfitters in the State
that will create additional compliance requirements. Several Commission rule changes
will need to be made to support this new legislation. Once changes have been finalized
training will be required both for officers and license personnel.
COST SAVING INITIATIVES:
The Department is exploring new ways to streamline enforcement case reporting.
There is a need to move away from hardcopy and capture more enforcement
information electronically. It is believed that implementing and utilizing electronic forms
will eliminate some time and make reviewing easier for supervisors. This idea has
support from both administration and field staff as time savings alone will mean that
officers can spend more time in the field, a core concept and need for conservation
officers.
WAFWA LAW ENFORCEMENT COMMITEE
STATE REPORT – OKLAHOMA
COL. ROBERT FLEENOR, CHIEF
Submitted by: Capt. David Deckard
Date: June 1, 2011
The following report covers the period July 1, 2010 through June 30, 2011 (FY2011) for
the Oklahoma Department of Wildlife Conservation, Law Enforcement Division.
AGENCY OVERVIEW:
The Oklahoma Department of Wildlife Conservation, Law Enforcement Division game
warden’s primary responsibility is to enforce the State’s wildlife laws. Game wardens
also participate and assist in all phases of the Wildlife Department’s operations and
programs.
The division consists of 118 employees, with a field force of 90 game wardens, 16 game
warden supervisors and 8 district chiefs. Central office staff includes the chief, assistant
chief, training coordinator and one secretary.
In addition, the agency has a reserve force consisting of 53 reserve officers who are
agency employees assigned to various divisions with primary duties are other than law
enforcement.
The division operates with a straight-line chain of command.
TRAINING ISSUES:
All new game wardens undergo five weeks of in-house training and ten weeks in the
Field Training and Evaluation Program with a Field Training Officer. In addition, they
also attend the 600-hour Oklahoma Basic Law Enforcement Academy, all totaling nearly
30 weeks of training prior to solo assignment.
All game wardens are now required by state mandate to complete twenty-five hours of
law enforcement training and two hours of mental health training each year. All game
wardens will have to complete eight hours of Evidenced Based Sexual Assault
Investigation by 2012 as mandated by the legislature. In addition, all supervisors are
also required to attend twelve hours of supervisory training each year. New supervisors
are required to attend 24 hours within one year after promotion.
Game wardens are working on completing their NIMS (National Incident Management
System) compliance certifications and training. They are also required to train and
qualify annually with their pistols, shotguns and rifles. In addition, game wardens must
also attend an annual 8 hour defensive tactics refresher course.
The division implemented the IMPACT Project this year. The IMPACT Project will be a
useful tool in training new and incumbent game wardens in interpersonal
communications.
FUNDING AND STAFFING ISSUES:
Funding remains basically unchanged from the previous year. We are fortunate that we
are a revenue based agency and not experiencing funding shortfalls that are impacting
other tax appropriated Oklahoma state agencies that are currently furloughing and
curtailing their spending, etc.
Our retirement system was changed to help cut the cost of our current plan because it is
getting too expensive. We currently have a “defined benefit” and it was changed to a
“defined contribution” plan such as a 457 or 401k. Current employees will not be
affected by the change but there is a possibility that they will need to increase their
individual contributions up to 5%.
Four new game wardens were hired during this period. We are presently one officer
short from being at full force.
We were able to purchase 20 vehicles and 1 boat this year. The vehicles are Chevrolet
C-1500 four-wheel drive extended cabs. The Chevrolets were chosen this because of
their 100,000 mile warranty. The equipment for this year’s trucks have been upgraded
with improved LED lighting, bed lining, grill guards and new low band radios and in the
truck mounted handheld high-band radios. The boat is a 20’ Sea Ark with 150 hp motor.
Funding has been approved for purchasing new rifles for the division to replace the old
and cumbersome M-14s that were loaned to the agency from the Army. The rifles will
be M-4 type .223 cal. with Eotech sights. The new rifles will be lighter and easier to
handle than the M-14s. Ammunition cost will also decrease with the smaller caliber.
MAJOR CONSERVATION LAW ENFORCEMENT TRENDS:
Alligator sightings and nuisance complaints continue to expand across the southern half
of the state. Black bear complaints continue as well, however Oklahoma conducted its
second black bear hunt in 2010. Thirty-one bears were killed on opening day
surpassing the season limit of twenty for the year. Twenty-one of the bears were taken
with crossbows which were legal for the first time without a special crossbow permit.
The black bear hunt areas may be expanded in the future to alleviate the nuisance bear
complaints.
UNIQUE CROSS BOUNDARY OR COOPERATIVE ENFORCEMENT EFFORTS:
The division continues to cooperate with every state in efforts to combat fraudulent
license applications and interstate wildlife violations. We are presently working with
Kansas, Missouri and multiple federal agencies in enforcing the illegal harvest and sale
of paddlefish eggs.
NEW INNOVATIONS IN CONSERVATION LAW ENFORCEMENT:
The division is currently purchasing an Operation Game Thief trailer to be used for
various events and functions across the state. The 24’ trailer will incorporate a “Wall of
Shame” and other education displays.
The division has purchased several side sonar units that are capable of recording digital
images of nets and other features underwater. The new sonar units are proving to be a
valuable tool for fisheries enforcement. A thermal imaging camera was also purchased
to help curtail nighttime paddlefish poaching activities.
The division purchased smart phones for district chiefs and currently researching the
feasibility of switching from standard cell phones to smart phones to help with
communication.
The division issued laptop computers with air cards for our captains and lieutenants this
year that help with e-mails and other record management work. Lieutenants will now
enter arrest data for their areas to help alleviate the office workload.
STATE, REGIONAL, AND NATIONAL ISSUES, LEGISLATION, LEGAL
CHALLENGES AND COURT DECISIONS IMPACTING NATURAL RESOURCES
LAW ENFORCEMENT:
Legislation was passed allowing the Oklahoma Department of Wildlife Conservation to
join the Interstate Wildlife Violator Compact. The compact went into effect January 1,
2011 in Oklahoma.
A new law requiring restitution also went into effect as well that will make a significant
difference for violators in the state.
New legislation introduced this year:
House Bill 1338: Modifying apprentice designated licensing options to allow persons 8
to 30 years of age to purchase apprentice designated licenses. Adjusting the age at
which hunter education certification is no longer required from 35 to 30.
House Bill 1347: Providing for bail procedures for fish and wildlife violations and
specifying that persons failing to appear for fish and wildlife citations shall have their
hunting and fishing privileges suspended until they do so.
House Bill 1348: Providing that taxidermy specimens of native wildlife may be sold at an
estate sale only if the specimen is part of the personal property of the estate and with
written permission from the Wildlife Department director. Taxidermy of migratory birds is
excluded and the provisions do not apply to farmed cervidae.
House Bill 1473: Removing the double-fencing requirement for export of farmed
cervidae.
Senate Bill 494: Creates the "Oklahoma Private Lands and Public Recreation Act."
Prohibits recreational trespass; provides that any local, county or state law enforcement
officer may issue trespass citation to person violating provisions of the act; specifies that
the landowner may receive a portion of the citation fine as restitution; provides that any
governmental entity which has issued a hunting, fishing or other license for recreational
activity may revoke the license and deny permission to reapply for a replacement for up
to one year from the date of the violation.
COST SAVING INITIATIVES:
Fuel costs continue to be a concern in Oklahoma. Game wardens are encouraged to
use time management and to work wisely while conducting their patrols. Fuel saving
initiatives have been implemented to help offset costs.
OTHER SPECIAL LAW ENFORCEMENT ISSUES:
Enforcement of the illegal harvest and sale of paddlefish eggs for caviar continues to be
an enforcement issue. Game wardens maintain an increased enforcement emphasis
during the annual spring spawn to help curtail the illegal activities associated with the
illegal caviar trade. We have seen a significant increase of individuals of Eastern
European descent from all over the US attempting to harvest paddlefish for caviar.
Several major paddlefish cases have been completed or are pending. One recent case
involved over three hundred pounds of illegal caviar being seized.
Game wardens are involved in several Department programs that involve the
recruitment and retention of anglers and hunters. The programs include an annual
Wildlife Expo and an annual Archery in the Schools statewide tournament. Both
programs require an enormous amount of manpower and associated cost in these
popular and worthwhile projects. Other programs include the annual Wildlife Youth
Camp, STEP programs and Aquatic Education. The recruitment and retention of
anglers and hunters and the sale of licenses to them is vital to our agency.
AMFGLEO/WAFWA Law Enforcement Annual Report
State Report – South Dakota
By: Andy Alban
Law Enforcement Administrator
Division of Wildlife
South Dakota Game, Fish and Parks
This report covers the period April 1, 2010 through March 31, 2011 for the State of
South Dakota, Department of Game, Fish and Parks - Division of Wildlife - Law
Enforcement Program.
AGENCY OVERVIEW
Are officers 100% Wildlife Law Enforcement or Mixed: Mixed
Straight Line Reporting Structure: No
Number of Officers: 60 conservation officers / 78 total officers in WL Division
TRAINING ISSUES
Over the past 3 years, the Division of Wildlife spearheaded a national effort to develop
an interpersonal communications skills and human relations training program for
conservation law enforcement officers. Startup funding for the “IMPACT (Interpersonal
Management Program and Communications Training) – Conservation Law Enforcement
Edition” project was provided by the Division of Wildlife while 14 other state wildlife
agencies and 3 conservation law enforcement associations each contributed $2,000 $5,000 in financial assistance toward development of this unique training program. In
addition, five of the state wildlife agency partners, including South Dakota, contributed
role players and video segments to facilitate development of the IMPACT DVD training
system.
This specialized interpersonal communication skills training program recognizes the
critical importance of human relations and effective interpersonal communications skills
in the conservation law enforcement discipline. The IMPACT training program provides
agencies with a validated, interpersonal communication skills training and officer
performance evaluation tool designed to aid field conservation officers in their daily
interactions with the diverse group of citizens they serve. The IMPACT Project
identifies specific officer performance criteria and establishes standards for effective
officer-citizen communication. In addition, the program provides correlated officer
performance evaluation tools for use by field supervisors and training staff and creates
an associated coaching and remediation program for conservation officers who may
benefit from improved interpersonal communications skills.
Randy Means, a nationally recognized police legal advisor and law enforcement training
expert from the firm Thomas and Means, LLP served as the principal developer for the
IMPACT Project – Conservation Law Enforcement Edition. Mr. Means utilized a
number of ‘subject-matter experts’, all who had extensive law enforcement experience
and relevant, advanced academic credentials, to help develop IMPACT. The IMPACT
project development team also included Greg Seidel, Director of Training for Thomas
and Means and IMPACT Project Director, who coordinated final build-out of the
advanced IMPACT DVD training system and delivered the associated training to our
agency field staff, trainers and supervisors.
During the summer of 2010, all Division of Wildlife conservation officers attended a 1day ‘Tactical Communications’ training session instructed by Mr. Seidel. During the
same time frame, Mr. Seidel delivered a more comprehensive 4-day ‘Coaches and
Assessors’ training session to Division of Wildlife conservation officer supervisors and
agency field training officers. The more advanced course was designed to provide
supervisors and training instructors with the requisite background and tools to effectively
evaluate officer performance and deliver effective coaching strategies in officer
communications and human relations skills, where needed.
FUNDING AND STAFFING ISSUES
Despite the effects of officer turnover, the Division continues to carry out its mission.
We have been fortunate to have limited out of state travel approved for important
coordination meetings. Additionally, many capital asset purchases have been permitted
after receiving approval from the Office of the Governor.
During the past year, changes were made to the state retirement system to provide for
its long-term viability. Our state retirement system is still in good shape. An improving
economy resulted in the system funding ratio increasing from 76% to 88% by the end of
FY10. On the other hand, 2011 will mark the third straight year in which state
employees did not receive a raise.
MAJOR CONSERVATION LAW ENFORCEMENT TRENDS
We were blessed to have steady licenses sales in 2010 that helped generate needed
revenue to support law enforcement and other division programs. Sales were on par
with those from the previous year (393,083 compared to 393,256 in 2009). These
numbers represent the fourth highest annual totals dating back to 2000.
We held our first “antler auction” in June of 2010, as part of the Outdoor Expo that was
staged at the State Fairgrounds in Huron. Approximately 185 bidders were in
attendance to view around 275 different items/lots that included deer/elk antlers, bobcat
pelts, mountain lion skulls/hides, tree stands and other unique items that were offered in
an auction format. The majority of these items were obtained through years of
conservation law enforcement activities. Gross receipts amassed $30,000.
We began focusing more enforcement attention on occupational licensees in 2010,
beginning with private shooting preserve permittees, taxidermists and fur dealers. By
conducting administrative inspections, we hope to ensure compliance with our laws and
regulations governing these commercial entities.
In order to control resident Canada goose populations, the department initiated an
August management take in 2010. Residents were allowed to take geese for a 16-day
period in eastern South Dakota. Approximately 3,500 hunters harvested just over
29,000 Canada geese during this period.
UNIQUE CROSS BOUNDARY OR COOPERATIVE ENFORCEMENT EFFORTS
Officers in the southeast region focused on cultural “bridge building” efforts within the
past year in the Huron area. Meetings were held with residents from the Karen (Burma
and Thailand origin) community to help them understand the hunting and fishing
regulations. On one occasion, we were fortunate to be assisted by Minnesota
Conservation Officer Thephong Le and Interpreter Saw Morrison.
Conservation Officers and USFWS Agents assisted in the execution of two search
warrants of an unlicensed taxidermist in early-2011. Numerous intelligence reports
were received on this individual in the months leading up to the detail. The intelligence
proved to be valid with over 3,000 specimens, both legal and illegal, seized during the
execution of the warrants. Multiple charges are pending at this time.
NEW INNOVATIONS IN CONSERVATION LAW ENFORCEMENT
State IT staff began building our department’s case management system. The Law
Enforcement Management System (LEMS) will create a new computer system that will:
--combine and/or link redundant systems
--reduce paperwork
--automatically generate reports, statistics and run queries (GIS)
--provide better and timelier access to records and statistics
--improve efficiency and resolve problems with our current arrest system
--enable officers to share information
--track and manage cases (monitor case load)
--track seized evidence
--store/organize electronic evidence (scanned documents, photos, video and audio)
--efficiently retrieve information from other state data systems
--create a new integrated database for monthly LE and Landowner contact reports
We hope to begin testing the system by September 2011, and implement it in 2012.
All enforcement radios were updated within the last year to comply with FCC narrow
banding protocols. This meant reprogramming our extender radio pyramids or replacing
older units altogether. Additionally, we anticipate our state radio system converting to
P25 technology within the next five years or thereabouts.
STATE, REGIONAL AND NATIONAL ISSUES, LEGISLATION, LEGAL
CHALLENGES, AND COURT DECISIONS IMPACTING NATURAL RESOURCES
LAW ENFORCEMENT
The Department finally won its legal battle with a taxidermist from the northeast part of
the state. During March of 2009, taxidermist William Klager refused to allow inspection
of his business. After receiving a citation, Mr. Klager began the process of challenging
the constitutionality (4th Amendment) of our taxidermy law and associated inspection
authority. In August of 2009, the Magistrate Court ruled that our taxidermy statute and
its associated implementation did not violate the 4th Amendment. An appeal was filed in
Circuit Court arguing that the warrantless inspections authorized by law did not provide
constitutionally adequate protections substituting for the protections afforded by the 4th
Amendment warrant requirement. In March of 2010, the Circuit Court ruled that
taxidermy is a closely regulated business in South Dakota. Further, there is substantial
government interest in the management and protection of wildlife in South Dakota that
informs the regulatory scheme pursuant to which the inspection of the taxidermy
business is being made. It also ruled that warrantless inspections of taxidermists are
necessary to further the regulatory scheme established by codified law. Finally, the
Court decided that our taxidermist statute provided a constitutionally adequate
substitute for a warrant by performing two of the functions of a warrant: (1) advising the
owner of the premises that the search is pursuant to the law and that it has a defined
scope, and (2) limiting the discretion of the inspecting officers. Mr. Klager, through his
counsel, appealed to the State Supreme Court. In March of 2011, the State Supreme
Court (on a 3-2 decision) ruled that South Dakota’s inspection system meets
constitutional requirements. The two dissenting justices felt that the taxidermy
inspection requirement was an unconstitutional search.
http://www.sdjudicial.com/Uploads/opinions/25609.pdf
Public water access issues continue to pop up in the eastern part of the state.
Examples of some issues include:
-Trespass cases with minnow traps and boats in public waters that touch private land
-Landowners blocking off portions of flooded roads to prevent the launching of boats
-Counties posting road rights-of-way (ditches) as closed to parking and boat launching
-Counties placing barricades and obstructions on roads to prevent public water access
-Incidents with vehicle damage near public waters that inundate private land
We had a busy Legislative Session in 2011. Several “bad bills” that were defeated
include:
• HB1048 – An act to provide for the distribution of the proceeds of certain civil
fines and civil penalties.
•
•
•
•
•
HB1063 – An act to provide for the deposit in the general fund of the proceeds
from the sale of certain contraband or abandoned items by the Department of
Game, Fish and Parks.
HB1068 – An act to require that certain land acquisitions by the State of South
Dakota be conditioned upon subsequent legislative approval.
HB1086 – An act to require the Department of Game, Fish & Parks to receive the
approval of the Senate before acquiring certain land.
HB1178 – An act to restrict the entry of conservation officers onto certain private
land without permission.
HB1210 – An act to provide for the lease of hunting rights on certain school and
public lands.
Bills of significance that were passed include:
• HB1005 – An act to revise certain provisions pertaining to private shooting
preserves.
• HB1006 – An act to authorize certain air guns for use in hunting certain animals.
• SB55 – An act to allow the shooting of coyotes from snowmobiles.
• SB106 – An act to provide for reciprocal nonresident trapping licenses.
COST SAVINGS INITIATIVES
The Department recently issued directives regarding vehicle replacement mileage.
Depending on the vehicle (1/2 ton vs. ¾ ton), our patrol units will be retained until at
least 120,000 or 140,000 miles.
WAFWA LAW ENFORCEMENT COMMITTEE
State/Province: Texas
Submitted by: Colonel Peter Flores
Date: June 27, 2011
AGENCY OVERVIEW:
Are officers 100% Wildlife Law Enforcement or Mixed: 100% Enforcement
Straight Line Reporting Structure: Y
Number of Officers: Currently, 515, plus 20 cadets scheduled for
graduation on July 26, 2011
Training Issues – describe any new or innovative training programs or
techniques which have been recently developed, implemented or are now
required.
•
The 56th Game Warden Cadet Class is 5.5 months into its training
schedule. The class will graduate July 26, 2011. Much of the remainder of
the schedule will be dedicated to reality based field, use of force and
firearms training. The implementation of the Prism Shooting Range
Simulator System has been integral to the firearms and use of force
decision making training. The use of this system has also been a cost
saving to the training budget.
•
The Law Enforcement Division is continuing to prepare for on-line peace
officer training for field game wardens. This will be ready to go for FY 12
and FY 13. The Intermediate Boat Operations training for FY 11 is being
implemented in the field for game warden in-service and will conclude
August 31, 2011.
•
Construction at the Texas Game Warden Training Center has begun for
Phase II. The firing range, maintenance shop, staff residence and front
entrance should be completed by December 31, 2011.
•
Joint Enforcement Agreement — Texas Parks and Wildlife Department
(TPWD), in compliance with the Joint Enforcement Agreement with the
National Marine Fisheries, has conducted five outreach events, educating
over 300 commercial fishermen on Turtle Excluder Devices (TED) and Bycatch Reduction Devices (BRD). These events were conducted along the
entire Texas coast from Brownsville to Galveston. TPWD has also
conducted several TED-focused operations in the Gulf of Mexico. These
operations have netted 40 citations, confiscating approximately 20,000
pounds of illegal shrimp with an estimated market value of $32,000. In
addition, TPWD while enforcing Individual Fishing Quotas in regards to
Red Snapper and Grouper, has issued approximately 20 citations with
aquatic product seizure of approximately 19,000 pounds of illegal fish with
a market value of $33,000. TPWD also continues to conduct aquatic
1
wholesale and retail dealer operations, ensuring the integrity of these
operations and distribution of aquatic products within the State of Texas.
Funding and Staffing Issues – identify any recent developments in funding,
staffing, and diversity in employment issues and describe what prompted these
developments and how improvements in funding, staffing and diversity in
employment were accomplished.
•
The 82nd Texas Legislature has been dealing with a projected $27 billion
shortfall for the next biennium. However, the legislature has made it quite
clear that law enforcement in Texas is an essential service, and with that
being said, has left Texas Game Wardens with their budget intact. The
base budget is approximately $58.4 million for each fiscal year of the next
biennium. Additionally, dollars appropriated for training cadets has been
set at $1,696,000 during the first year and $1,696,000 for the second year.
•
Field operations and region and district lines were restructured along a
span of control model on an average of 13:1 ratio on first-line equitability,
dividing staff and resources statewide. See Law Enforcement Regions.
Major Conservation Law Enforcement Trends – identify any major
cooperative, interstate, reciprocal or other cross jurisdictional law enforcement
trends (e.g. including community policing, operator under the influence (QUI)
initiatives, or other issues which fall outside traditional fish and wildlife
enforcement functions).
•
The Marine Enforcement Section works, partners with, trains, and utilizes
local law enforcement agencies enforcing Chapter 31 — Texas Water
Safety Act. In order for any commissioned peace officer to enforce water
safety regulations in Texas, the officer must be certified through TPWD’s
Marine Safety Enforcement Officer Program.
See Texas Marine
Enforcement Sections Vessel Assets.
•
Texas Game Wardens work in conjunction with the U.S. Coast Guard
(USCG) and other port authorities protecting the nation’s waterways and
port infrastructures in marine activities throughout the Texas Gulf Coast.
•
The Texas State Guard Maritime Regiment (TMAR) has become a close
partner with TPWD. TPWD has developed a training course to introduce
TMAR to the operations, tactical support, and search-and-rescue
techniques to be able to partner with TMAR in the event of natural
disasters and other incidents that may require our participation.
2
•
The Texas Fusion Center (TxFC) is comprised of four units: the Watch
Center, Intelligence, Counterterrorism, and Criminal Case Support.
o The Watch Center is a 24/7 unit that works with federal, state,
regional, and local law enforcement and serves as the state
repository for homeland security information and incident reporting.
It provides real-time intelligence support to law enforcement and
public safety authorities, and consolidates information and data on
suspicious activities and threats from all jurisdictions and disciplines
as well as the public. During emergencies or periods of increased
threat, the Center may ramp up to receive and process additional
information.
o The Intelligence Unit supports law enforcement and criminal justice
communities by providing analytical case development, as well as
strategic and tactical case support to officers regarding criminal
organizations, including transnational gangs, drug trafficking
organizations, and emerging threats.
o The Criminal Case Support Unit provides support to major crime
investigations and special cases.
o The Drivers License Fraud & Identity Theft section provides
analytical support for various types of document fraud
investigations, with particular emphasis on cases involving driver’s
license fraud and identity theft.
o The Vehicle Theft section provides assistance for vehicle theft
offenses, complex auto theft schemes, and other investigations in
which a vehicle is linked to a suspect, victim, or witness (including
homicide, sexual assault, bank robbery, burglary, missing persons,
hit-and-run, narcotics).
o
The TxFC also supports other Criminal Investigations divisions and
Texas Ranger Division investigations.
o
The Counterterrorism Unit works to reduce the threat of terrorism in
Texas through information, analysis, and assessments in support of
proactive multi-agency efforts to prevent attacks. The unit is a
central point for all regional information regarding international and
domestic terrorism-related issues from a variety of sources. The
unit supports the Federal Bureau of Investigation in its
counterterrorism mission where needed in Texas, working with
Joint Terrorism Task Forces to aid investigations.
3
o
The state and federal partners currently represented at the TxFC
are:
ƒ
Texas Parks and Wildlife Department
ƒ
Texas Department of Public Safety
ƒ
Federal Bureau of Investigation
ƒ
Immigration and Customs Enforcement
ƒ
Department of Homeland Security
ƒ
U.S. Marshal Service
ƒ
Texas Department of Criminal Justice
Under the TxFC, all agencies work together to provide timely
information and analysis necessary to prevent and protect against
all threats.
Unique Cross Boundary or Cooperative, Enforcement Efforts – describe any
Interagency, interstate, international, state/tribal, or other cross jurisdictional
enforcement efforts (e.g. major Lacey Act investigations, progress with Wildlife
Violator Compacts, improvements in interagency communication (WCIS), etc.)
•
Local Border Security — From funds appropriated in Local Border
Security, the Texas Rangers Division within the Department of Public
Safety (DPS) shall use $27,665,351 in fiscal year 2012 and $21,166,801
in fiscal year 2013 for a variety of border security expenditures, including
but not limited to, overtime and operational costs for increased patrol and
investigative capacity for certified peace officers (DPS, Texas Game
Wardens, and local peace officers).
•
Texas Game Wardens participate in what is called Border Star operations
along the Texas/Mexico border. The agency works side by side with other
local, state, and federal agencies protecting Texas’ borders from criminal
activities that can negatively influence the state while patrolling for game,
fish and water safety violations. See news clip: Changing Roles of Texas
Game Wardens. Seizures include the following for the period of 2006 –
2011:
o Boats on Falcon Lake (Rio Grande) — 237 valued at $711,000
o Motors on Falcon Lake (Rio Grande) — 236
4
o Arrests – 169
o Hoop nets on Falcon Lake (Rio Grande) — 94 valued at $11,750
o Gill nets — 958,266 feet or 175 miles valued at $958,266
o Marijuana — 22,072 pounds valued at $17,657,600 (1,200 pounds
were seized by the Texas Game Warden dive team in the Rio
Grande on June 11, 2011)
o Cocaine — 48 kilos valued at $92,000
o Cash (Game Wardens/DPS/Feds) — $1,198,000
Total seizures valued at $20,628,616
•
Texas Parks and Wildlife Environmental Special Investigations Unit —
Included in amounts appropriated for enforcement and compliance
support is $225,000 for the purpose of supporting the TPWD’s
Environmental Special Investigations Unit to enforce state and federal
laws on illegal dumping.
This appropriation is contingent on a
memorandum of understanding and an interagency transfer of the funds
between TPWD and Texas Commission on Environmental Quality to
jointly administer the program.
•
Interstate Wildlife Violator Compact — TPWD has actively been
monitoring and ratifying suspensions entered into the Compact since
becoming a member of the Compact on May 30, 2010. TPWD has
entered mandatory license suspensions into the Compact for other
member states to ratify, as applicable. TPWD has been entering failure to
appear suspensions on Texas residents who have failed to comply with a
citation received in another member state. TPWD is still working with its
point-of-sale vendor, Verizon, to automate the denial of a license sale to a
person with a ratified suspension in the Compact.
•
U.S. Fish and Wildlife Service agents and TPWD’s Special Operations
Game Wardens conducted Lacey Act Investigations related to the illegal
importation of white-tailed deer from several states. The investigation
began in 2005 and culminated with fines of $1 million against an East
Texas permitted deer breeder.
New Innovations in Conservation Law Enforcement – describe any
innovations in equipment, enforcement techniques, forensics, etc.
5
•
The TPWD Law Enforcement Division’s Underwater Search and Recovery
Team (Dive Team Photo – see last photo) completed several key missions
during the preceding year and proved themselves to be a key asset to the
State of Texas. Early in the year, Texas Rangers called on TPWD’s Dive
Team to search an isolated private lake in Greg County for missing items
belonging to the victim of a homicide. The ranger and investigators were
shocked when divers surfaced with a loaded 9mm pistol now believed to
be the murder weapon. A confession was later obtained. Rangers and
the DPS Dive Team later called upon TPWD Dive Team members to
assist them with the search of another private lake for evidence related to
a homicide near Kilgore, Texas. Actual "fired" bullets, believed to be from
the murder weapon, were found in the muddy bottom of the lake and were
used to further the investigation. In May, dive team members conducted
an Introduction to Public Safety Diving course for 18 members of the
Texas Governor’s Executive Protection Detail Team and the Texas
Maritime Regiment. The TPWD Dive Team also participated in the
recovery efforts of several drowning victims, making recoveries and
assisting with locating victims by sonar. Finally, TPWD’s Underwater
Search and Recovery Team participated in Operation Iron Horse on the
Texas–Mexico border. There they worked in conjunction with the DPS
Dive Team, Texas Rangers, other Texas Game Wardens, U.S. Border
Patrol, and DPS Criminal Investigations Division to recover many vehicles
that had been run into the river by drug smugglers who were trying to
avoid capture by Texas authorities.
TPWD Dive Team members
recovered over 1,200 pounds of marijuana during this operation, with a
total inland-street value of $6 million.
•
Because the Operation Game Thief Program (OGT) for TPWD is funded
primarily from private donations, we have been extremely busy working on
two major annual fundraisers, Austin and San Antonio, with additional
fundraisers slated for the first part of 2012. The fundraiser in Austin
attracts the governor, as well as other state legislators and business
owners. The San Antonio fundraiser will include many major South Texas
ranchers and landowners as well as major sporting goods sponsors. The
program’s primary focus is on providing much needed specialized
equipment for Game Wardens and approving rewards for tips to the 24/7
OGT hotline for reporting hunting, fishing and water safety violations.
Since September 2010, OGT has awarded over $6,000 in rewards to
callers.
•
New advances in the OGT program include:
o The utilization of new technology for reporting violations is being
reviewed by the OGT Committee, which will allow the use of Text
Tips — reporting violations by texting in complaints to the 24/7 OGT
dispatch center.
6
o A new reporting system that allows Spanish speaking callers to call
in complaints to the hotline is nearing completion.
o New “NO TRESPASSING” signs in Spanish, are now available to
the public.
o One hundred new Texas Department of Transportation “Report
Poaching” road signs were placed on major roadways throughout
the state.
o Lamar advertising’s roadside full-size billboards such as the
following:
7
•
The Texas Game Warden marine fleet has grown and moved wardens
forward into the 21st century. The fleet has increased safety on the water
and has improved surveillance and enforcement on the coast, the border
and on inland lakes and rivers. The marine fleet consists of:
o 11— 29-foot SAFE Boats
o
3 — 21-foot SAFE Boats
o
2 — 29-foot SAFE Boats on order
o
1 — 38-foot SAFE Boat on order to be used on the mid-coast
State, Regional and National Issues, Legislation, Legal Challenges and
Court Decisions Impacting Natural Resources Law Enforcement – describe
issues which impact or challenge law enforcement authority.
•
The 82nd Texas Legislature passed a boater education bill (HB 1395) that
will require an operator who is born after September 1, 1993 to have
completed a boater education course in order to operate a motorboat on
the public waters in Texas. This was a milestone accomplishment
because Texas has been working for over 10 years with our legislators to
achieve this goal.
•
HB 2141 codified in statute that Texas Game Wardens are the primary
water safety enforcement officer in Texas. Any peace officer who enforces
the Texas Water Safety Act must be a Marine Safety Enforcement Officer
(MSEO) in Texas. TPWD is tasked with certifying all MSEOs, including
game wardens, deputies, police officers, constables and river authority
officers.
Cost Savings Initiatives – Identify initiatives in any area which contributed to
improvements in work effectiveness and fiscal efficiency.
•
Texas has developed cost savings initiatives in the area of civil restitution
collection. The Law Enforcement System (LES), a software program that
tracks citations and civil restitution notifications and payments tracks civil
restitution amounts that meet a threshold of prosecution by the Texas
Attorney General’s Office (AG). Officers are required to produce detailed
offense reports for cases that meet this threshold and information is
forwarded to the AG office for prosecution. In conjunction with the
established ability to block license privileges of persons not paying civil
restitution, following up for civil prosecution, and auditing of pending
citations compliance has increased. Currently, with three months of the
8
fiscal year to go, civil restitution revenue is up 15 percent or $60,000 over
what was collected for fiscal year 2010.
•
Texas is the third state that allows game wardens to do direct entry of boat
accidents into the USCG’s database. This process creates an efficient
and effective solution to data entry and removes redundancies in the
reporting process. This program creates a two-tier review process that
reduces the number of follow-up report requests by the USCG.
•
Texas Game Wardens have transitioned to the use of the Law
Enforcement Advanced DWI Reporting System (LEADRS) for reporting all
boating and driving while intoxicated offenses. This program gives
efficient and effective report writing capabilities to all the officers in the
field and allows for more effective use of the data entered. The program
gives TPWD the ability to gather geospatial data on alcohol-related
offense locations and use such data in proactive enforcement efforts.
Other Special Law Enforcement Issues
•
Texas like many other states is facing Invasive Species in Texas
waterways, which includes zebra mussels and giant salvinia. Texas has
increased awareness through media blitzes and use of the Internet.
•
Texas Game Wardens are now operating under a mandatory body armor
wear policy, except while patrolling on a vessel. Two different types of
Point Blank body armor are provided to the wardens. A concealable vest
Point Blank Vision II is worn underneath the shirt, and the Tailored Armor
Carrier or TAC is designed to be worn over the shirt. The TAC features
two multi-functional pockets, convenient side opening and a contoured
shape for total comfort. The TAC is tan and matches the Texas Game
Warden uniform.
•
Have a Life's Better Outside® Experience — Get Your Hands on the Great
Outdoors!
The annual Texas Parks & Wildlife Expo, held in Austin for 17 years, has
been taking the show on the road. TPWD has partnered with select stock
shows, rodeos and other family-oriented cultural events to present the
Life's Better Outside® Experience.
The Life's Better Outside® Experience brings hands-on outdoor activities
such as rock climbing, archery, fishing and a whole lot more. The public
9
can find out about nearby state parks, good spots to go fishing, places to
go paddling and much more. TPWD staff also helps connect families with
local outdoor groups. Even if someone has never been camping, fishing
or hunting before, staff helps them get started at these events.
Texas Game Wardens participated in this popular outreach at the
following events:
o February 19–20, 2011
San Antonio Stock Show and Rodeo
o March 5–6, 2011
Houston Livestock Show and Rodeo
o May 7–8, 2011
Mayfest, Fort Worth, TX
Texas Game Wardens Serving Texans Since 1895 - Law Enforcement Off the Pavement
10
WAFWA LAW ENFORCEMENT COMMITTEE
STATE REPORT – UTAH
Michal Fowlks – CHIEF
Utah Division of Wildlife Resources
Law Enforcement Section
AGENCY OVERVIEW:
Are officers 100% Wildlife Law Enforcement or Mixed: 90% Enforcement, 10%
Non Enforcement Biological
Straight Line Reporting Structure: No
Number of Officers: 76 at full staff, currently at 76 officers
TRAINING ISSUES:
The Utah Public Safety Commission of Peace Officer Standards and Training (POST)
requires that all officers attend a 17 week academy to become certified as a Utah state
peace officer. Additionally all commissioned officers must attend a minimum of 40
hours of in service training annually to remain certified. POST has recently implemented
a no tolerance policy towards a shortage of the 40 hours by commissioned officers. If
they are deficient at the end of July 1 each year they are given 90 days to get current. If
they fail to do so POST initiates decertification and a conversion of Public Safety
Retirement benefits to the non-enforcement retirement plan.
The division has phased out our shotguns and M-14 rifles in exchange for AR-15
platform rifles in .223 caliber. We have instituted a course of fire and training regimen
consistent with this change. All field officers are currently equipped with the new rifles.
The Investigative Unit conducts annual crime scene training for new officers. Each
investigator picks a topic to instruct. Topics included evidence collection and
preservation, photography, metal detector use, time of death, DNA collecting and
procedures. This years training included several scenarios that took the officers through
the entire aspect of a case including evidence gathering, crime scene control, obtaining
a search warrant and filing reports.
We have instituted an on-line training program to instruct officers on policy, legal update
and various other topics. This system is called Robo-tutor and is accessible to all
officers on their laptops in their trucks. This will save us considerable time and funding
in needless travel costs to conduct this type of training in person.
We have implemented the IMPACT training regimen in both our in-service and FTO
programs. The focus has shifted to in-service due to the fact we are at full staff now for
the first time in 10 years. We conducted a joint training of IMPACT evaluators with
Idaho. Thanks Jon H. for hosting that training.
FUNDING AND STAFFING ISSUES:
We have been using on line military surplus sites to obtain quality equipment for a
fraction of retail costs. We have been able to secure a myriad of new equipment to add
to and replace existing worn out equipment including new optics, cameras, safety
equipment, metal detectors, tools, OHV’s, Snowmobiles, and Watercraft etc.
Our quest to get to full staff was finally realized this year. We have hired and trained 53
officers since my tenure as chief began 6 years ago. I do have several officers eligible
for retirement but none appear to be leaving imminently. We may face challenges in the
future getting officers willing to work under our revamped retirement system. All new
officers have a choice of a 25 year 40% retirement or a contributory 401k account that is
portable upon leaving the agency. Fortunately, current officers were left in the old
system until they retire or resign.
MAJOR CONSERVATION LAW ENFORCEMENT TRENDS AND UNIQUE CROSS
BOUNDARY OR COOPERATIVE ENFORCEMENT EFFORTS:
Utah culminated a 2 year investigation in cooperation with Colorado and the USFWS
targeting a cougar-bobcat outfitter operating on both sides of the state border. The list of
illegal activity committed by this individual is staggering and shocks the conscience. I
want to send a thanks to Colorado Division of Wildlife and the US Fish and Wildlife
Service for all their efforts on this case. This person was largely killing Utah wildlife but
Colorado and the USFWS were undeterred in their efforts to shut him down.
We are still seeing an increase in illegal cougar and bear hunting activities. The big
issue with bears is the use of bait to start pursuits with hounds. Cougar violations are
revolving around closed areas and hunting in the wrong areas.
We are still seeing an increase in violations involving big game particularly Mule Deer.
As our herd sizes increase and the quality of the trophy animals on the limited entry
units increases the pressure to take these animals illegally also increases. We are
instituting a unit watch program in conjunction with our local Non Governmental
Organizations. This will be focused at critical mule deer winter range in an effort to stop
after season poaching. Our investigators are focusing efforts on guide and outfitter
involvement in this illegal take as well.
NEW INNOVATIONS IN CONSERVATION LAW ENFORCEMENT:
We have implemented our new law enforcement database and currently have all
officers accessing it through the internet via air-cards. We had to work through many
bugs initially but things have progressed smoothly. Officers now access the database,
fill out and print citations, check for wants and warrants and receive emails in their
trucks on laptops. We have an AVL mapping component that allows us to monitor
officer locations and allows officers to monitor other officer locations as well. All
information is currently being shared through our database with the state troopers and
several county and municipal agencies for enhanced interoperability.
At this point tasers are not an option for our agency as a use of force option. We
continue to work with administration but there are still factions within administration that
feel there is potential for negative public reaction to our officers carrying.
COST SAVING INITIATIVES:
Each officer has now been equipped with a laptop computer and aircard service to the
internet in their vehicles in order to use the law enforcement database and access
online state services. The net result of this initial expenditure has been an average
increase of approximately one extra day per month each officer is spending in the field
instead of coming to a regional office to perform various paperwork duties. We have
incorporated our on-line training program to reduce costs associated with travel and
logistics to train.
The ability to auto generate a citation in the truck from data downloaded from various
databases and the ability to electronically send that citation to the courts has reduced
officer time needed to perform this task significantly and saved in mailing costs to the
courts.
STATE, REGIONAL, AND NATIONAL ISSUES, LEGISLATION, LEGAL
CHALLENGES AND COURT DECISIONS IMPACTING NATURAL RESOURCES
LAW ENFORCEMENT:
We have implemented a comprehensive Aquatic Invasive Species Interdiction program
which was funded by our legislature during the 2008 session. We have had several
successful interdictions based on the broader authorities our officers now have. The
threat is still large and the larger education effort must still be continued. We recently
discovered live adult Quagga mussels in a reservoir in southern Utah. Containment
efforts are underway and a closure order has been issued by the division director. We
are currently refocusing our interdiction efforts at ports of entry with administrative
checkpoints. These are being targeted at the ports with the highest potential to receive
infested watercraft.
Utah’s legislature passed a guides and outfitters regulation that has oversight by the
state’s Department of Professional Licensing. We will have the ability now to suspend
guides and outfitter licenses for wildlife violations. This will help us immensely with our
efforts to control illegal guide and outfitter activities.
We are currently being reviewed by a legislative committee exploring options for making
Wildlife and Parks and Recreation enforcement more stream lined and efficient.
Currently Parks and Recreation do boating and OHV enforcement off parks and provide
law enforcement services on parks. Wildlife is responsible for enforcing all wildlife laws.
The talk is to combine these two entities in some manner. A plan will be presented to
the Utah legislature next January.
WAFWA LAW ENFORCEMENT COMMITTEE
STATE REPORT – Washington State
By: Chief Bruce Bjork
AGENCY OVERVIEW:
Are officers 100% Wildlife Law Enforcement or Mixed: General authority law enforcement
Straight Line Reporting Structure: Y
Number of Officers: 136.5
TRAINING ISSUES:
Recruiting professional candidates
Over the past two years, the Enforcement Program has partnered with Public Safety Testing
(PST) to provide pre-employment testing. This partnership has not only strengthened our
recruitment pool, but it has allowed us to continue finding candidates, despite limited resources.
In 2010, PST referred over 245 candidates that passed their written test and the state standard
physical assessment test (PAT). More than 100 of those participated in our internal exam
process. Our current recruiting strategy focuses on both new hire applicants and lateral officer
candidates.
In addition to partnering with PST, the Program also continues to enhance its recruitment efforts
through participation in career fairs, advertising, and by promoting the excellent work of its
current staff.
1
FUNDING AND STAFFING ISSUES:
Nearly Two Decades of Decreased Staffing
Since the merger of the former Departments of Fisheries and Wildlife in 1994, police officer
staffing levels have decreased more than 20% while the state’s population has grown by the
same rate.
Population vs. Officers
- - Office of Financial Management
Decreased Number of Officers
Date
Officers
1993-95
175
2009-11
136
Ratio of Fish and Wildlife Police Officers to:
State Population
1 to 49,657 people
Land Area
1 to 490 sq. miles
1
Water Area
1 to 315 sq. miles
WDFW Licenses
1 to 12,940 licenses
1
Includes Exclusive Economic Zone, Puget Sound, all WA inland waters
2
A Changing Role
An increase in threatened species and fragile habitats, coupled with the needs and safety
requirements, of our growing population, have placed greater responsibility on our officers in
recent years. Illegal activity on public lands and the need for a more timely responses to
dangerous wildlife and vessel safety incidents, places an almost insurmountable burden on
existing staff while decreasing overall response time to calls for service.
More ESA Listed Species
- - U.S. Fish & Wildlife Service
3
IACP Staffing Study Results
In 2008, a staffing and allocation study conducted for WDFW by the International Association of
Chiefs of Police (IACP) concluded that the number of fish and wildlife police officers needs to
double in order to meet the current workload demands. The study considered land, water,
regulatory, and population variables in reaching its recommendation.
09-11 Biennial Allotments
Other includes:
- off-road vehicle - aquatic invasive species - reward account - Colville provisio -
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MAJOR CONSERVATION LAW ENFORCEMENT TRENDS:
Natural resource crimes are often considered victimless, when in reality, nothing could be further
from the truth. Each year the illegal harvest of fish and wildlife populations, coupled with the
decreased availability of healthy habitat, is threatening some of our region’s most beloved
inhabitants.
The diversity of our region’s habitat and wild species is an important part of what designates
Washington State as a place that is special and unique. But the presence of species with specific
habitat needs, many of which are slow to grow and reproduce, creates an environment sensitive
to abuse. In these areas it does not take much illegal activity to have a profoundly negative
impact on a certain population’s sustainability, or its very existence. In many cases, the full
impact of poaching and illegal habitat destruction is not readily obvious, and only later are these
impacts truly realized as additional species become listed as threatened or endangered.
While illegal acts against nature may not impact the public in the same way that crimes against
people do, these acts do indeed harm the people of our region. Industries that rely on the state’s
commercial fishing, and family businesses that support anglers, hunters, campers, hikers, wildlife
viewers, and other outdoor enthusiasts are all impacted by natural resource crime.
Spree killing on the rise
While not a new threat to wildlife, spree or thrill killing has been on the rise. Whether it’s a
function of improved investigative skills, receiving more information from a concerned public,
or an actual increase in activity, WDFW Police Officers have encountered more and more
incidents of spree-killing over the past two years.
This kind of activity is serial poaching with a sick and twisted end. Generally, the criminal goes
out at night, and uses a powerful spotlight to locate game, then shines it in the eyes of deer or elk
to paralyze them. This gives the poacher the opportunity to kill the animal(s). Sometimes the
head or antlers are cut off for trophy value, and the rest of the animal is sometimes left in the
woods to rot.
Generally, the public reacts with outrage when they learn of these kinds of poaching events. The
Program has been very successful in collaborating with the media and conservation groups in an
effort to solicit information helpful to investigations. A number of high profile natural resource
crimes were highlighted in this way over the past two years, resulting in meaningful leads and
prosecutions.
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Protecting a growing number of endangered species
In the past two years, five new Endangered Species Act (ESA) fish listings have been added for
the State of Washington (NOAA – Office of Protected Resources). The presence of fish species
listed under the ESA drives both recreational and commercial fishing opportunities in
Washington for treaty tribal members and non-tribal members alike.
WDFW fish managers regularly struggle with how to provide harvest opportunity on healthy
stocks without impacting the rebuilding efforts for weak populations. Minimizing the impact is
in part achieved through season structures and closures, mandating the use of fish-friendly gear
and release techniques, and implementing selective fisheries. The resulting design is one of the
most complex regulatory and enforcement landscapes in the nation.
Protecting ESA species goes beyond harvest, and the enforcement effort must also consider
habitat regulations meant to protect critical areas where species may live. Washington’s land area
affected by ESA listings for salmon and steelhead, alone, is over 60 percent. Given low Fish and
Wildlife Police Officer staffing levels, providing adequate protection for single-digit populations
of fish returning to spawning grounds has been impossible.
Through careful planning, officers will conduct emphasis patrols in an effort to focus more effort
in areas where sensitive species exist. Continued use of surveillance technologies will also assist
greatly in monitoring illegal activity and result in a better spread of our limited resources.
Providing increased protection against invasive species
Invasive species infestations have harmed the economy, environment, and public health
throughout the United States. Infestations threaten native fish and wildlife resources, usually
through an unchecked population growth due to the lack of natural predators.
Invasive species out-compete native fish and wildlife species, and this usually results in an
alteration of the ecosystem. Many native species are irreversibly harmed or pushed to the brink
of extinction. One of the primary methods of introduction and spread is contamination from
watercraft that is transported from one body of water to the next, across the U.S.
Since the inception of WDFW’s Aquatic Invasive Species (AIS) Program in 2007, over 12,500
watercraft inspections and outreach contacts have occurred. Due to these efforts, 20 boats
infested with zebra/quagga mussels have been intercepted and prevented from introducing those
species into Washington waters. 2009-10 highlights include:
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1,300+ AIS inspections completed. Inspections conducted at over 150 different sites.
35 mandatory watercraft AIS check stations conducted.
Twenty boats infested with zebra/quagga mussels intercepted.
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Several AIS marketplace inspections and emphasis patrols conducted with violations
detected and prosecuted.
There is the need to define and enhance the agency’s authority as it relates to AIS enforcement.
Current laws and regulations result in difficult implementation and prosecutions. Additionally,
alternative introduction pathways for invasive species need to be monitored and enforced with
greater diligence. Such pathways include transportation in ballast water/hull fouling of shipping
vessels, and importation of invasive species into the commercial market place.
The agency will continue to focus on increasing our partnerships with federal and municipal
governments, other states, public utility districts, tribal governments, and our citizenry to further
prevent the spread of invasive species.
Reducing illegal activity on public lands
Fish and Wildlife Police Officers have statewide jurisdiction and protect the 6 million people
who recreate outdoors throughout Washington. The needs and safety requirements of our public
continue to place a greater responsibility on officers, who are likely to encounter more domestic
disturbances at campsites, drug use, felons with firearms, illegal activity at water access points,
vandalism, and other misuse of public and private lands.
Over the past two years, there has been increased criminal activity, such as garbage dumping,
vandalism, and marijuana grows, on valuable public land used for outdoor recreation and
managed by WDFW as habitat for fish and wildlife. Washington State currently ranks second in
the nation for illegal marijuana cultivation, only behind California. Banned chemical use, illegal
water diversions, and armed growers threaten to undermine the benefits that public lands bring to
outdoor enthusiasts and native flora and fauna.
To combat this increasing threat to our environment and public, the Enforcement Program has
developed and implemented several strategies to target problem sites, including collaborating
with volunteers and other law enforcement agencies in these locations. Clean up efforts and
emphasis patrols are beginning to send a message that the agency and the public are not tolerant
of an “anything goes” attitude.
A marijuana eradication team made up of specially trained Fish and Wildlife Police Officers
compliment the larger law enforcement effort to keep industrial marijuana growing off of our
lands and ensure public safety. The team has responded to more than one hundred grows on
public lands in eastern Washington and continues to keep our public areas safe.
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UNIQUE CROSS BOUNDARY OR COOPERATIVE
ENFORCEMENT EFFORTS:
Joint Enforcement Agreements (JEAs)
The Enforcement Program has a partnership with the National Oceanic and Atmospheric
Association (NOAA) in which the two entities have teamed up to assist one another with similar
management, enforcement, and conservation missions. Joint Enforcement Agreements (JEAs)
are created through NOAA’s Cooperative Enforcement Program (CEP) which authorizes
WDFW to enforce federal fisheries laws in the Exclusive Economic Zone (EEZ).
In exchange for funding to pay for personnel and equipment, the Enforcement Program provided
over 10,065 hours of marine conservation law enforcement in the 2009-2011 biennium. These
partnerships allow for a more aggressive presence in marine areas. In support of these
partnerships, OLE agents and officers maintain close working relationships with our officers.
OLE agents and officers collaborate with our counterparts on investigations, patrols, inspections,
serving warrants, and executing arrests.
Creating better hunters through Hunter Education
The Hunter Education Program is designed to promote firearm safety, environmental awareness,
wildlife conservation knowledge, and basic outdoor skills to ensure citizens are able to safely
enjoy Washington’s many outdoor recreational opportunities. so successful graduates can
participate and safely enjoy Washington State’s proud hunting traditions.
The program’s main focus is delivering the legislatively mandated Basic Hunter Training, which
is a minimum of 10 hours in length and covers:
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Hunting accident prevention
Handling firearms handling
Rifles/shotguns/handguns mechanics and use
Muzzle loading firearms operations
Archery/bow hunting techniques and safety
Outdoor survival and basic first aid
Wildlife conservation
Sportsmanship and ethics
Wildlife identification
General hunting regulations
Outdoor navigation/orienteering
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Over the last two years, 25,907 students enrolled in a Basic Hunter Training course, with 22,651
successfully completing the training and receiving their Hunter Education certification. This is
an 88% success rate.
The program’s success would not be possible without the work of dedicated volunteers. Over
900 certified Hunter Education Instructors have volunteered over 65,000 instructional hours to
teach the hunters of today and tomorrow.
Working with the public to ensure ethical hunting
practices through the Master Hunter Permit Program
The Master Hunter Permit Program is designed to promote responsible hunting through training
on safe, lawful, ethical hunting practices, and wildlife conservation. The program offers an
opportunity for conscientious, committed hunters who care about the future of hunting to assume
a leadership role among their peers. Master Hunters are eligible to participate in special hunts
aimed at reducing property damage and/or public safety problems posed by wildlife. Hunters
enrolled in the program must be motivated by a genuine desire to learn and model a high level of
hunting knowledge and skill.
Currently, there are 1,964 certified Master Hunters in good standing. Over the past two years,
several enhancements to the program have been made.
For example, nine Master Hunter Advisory Group members were appointed, and an official
policy was adopted for the appointment process. The advisory group serves as a communication
channel between Master Hunters, applicants, and the agency.
Other enhancements include:
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Applicant testing policies were finalized and adopted.
A new version of the Master Hunter Permit Program test was developed.
A Master Hunter “designator” now appears on WDFW licenses issued to Master Hunters.
Moving forward, much work will be done to determine future areas of focus and how to address
the high priority issues surrounding the needs of wildlife, habitat, and the hunting constituency.
WDFW and the Master Hunter Advisory Group will work toward adopting of official Hunt
Master policies and additional hunting access opportunities so that access and opportunities are
provided in a consistent, transparent, and fair fashion.
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Enhancing compliance through volunteers
The Eyes in the Woods’ Crime Observation Report Training (CORT) program instructs citizens
in the methods of accurately identifying, documenting, and reporting natural resource crimes;
increasing the quality of citizen reports to WDFW officers; creating a deterrent to potential
criminal activity; and connecting the local field officer with the citizens who care.
Hundreds of wildlife supporters are trained by agency police officers on how to effectively report
fish and wildlife crimes. The role of Eyes in the Woods is similar to that of Neighborhood
Watch. WDFW’s role is to train the Eyes in the Woods volunteers on how to become effective,
non-confrontational witnesses, and how to use the most efficient channels for reporting fish and
wildlife crimes. The Program uses thus information to investigate and prosecute crimes.
In the future, the Program will continue to support Eyes in the Wood and CORT by providing
training to interested volunteers while building increased support for natural resources law
enforcement and the mission of the agency.
NEW INNOVATIONS IN CONSERVATION LAW
ENFORCEMENT:
Improvements and efficiencies through technology
In 2009-10, the Program implemented a new electronic records management system. The new
system, created by CODY Systems, Inc., allows staff to access, store, and analyze information
from multiple sources. The project has centralized a number of stand-alone databases and
supports field operations, communications, and access to data that were previously unavailable.
During installation of CODY, WDFW and CODY partnered with the Washington State
Administrative Office of the Courts (AOC) to migrate 15-20 years’ worth of citation and master
name data into the records management system. A second migration, with WDFW’s hunting and
fishing license system (WILD), resulted in the creation of approximately 1.5 million master
name records and two decades’ worth of linked citation history.
An interface was also built with the WA Interactive License Database (WILD) system that
allows new and/or updated customer data on license holders, including sales transactions, to be
accessible through CODY. A live interface with AOC brings disposition information on
citations written by our agency into the system.
CODY was deployed statewide in May 2010. Since go-live, the system has provided real-time
access to detailed data for analysis and planning. In the summer of 2011, the Program will begin
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phase II of the project, which includes computer-aided dispatch and an investigations module.
WDFW will also explore adding mapping, automated vehicle locator (AVL), and property bar
coding.
Greater efficiency through electronic ticketing
The Statewide Electronic Collision and Ticket Online Reporting (SECTOR) system allows
officers to complete and submit tickets to the courts electronically using their mobile data
terminal and a 2D barcode scanner. In 2003, the Washington State Traffic Records Committee
established The Electronic Information Processing (eTRIP) Initiative. This initiative is a
collaborative effort among agencies to create a seamless system through which violation
information can travel from its point of origin to the judicial system for use and analysis.
The Enforcement Program has increased its use of the SECTOR system from just 3% in 2009 to
over 17% at the end of 2010. WDFW issued 44 new SECTOR units to field staff in 2010-11 and
has an additional 44 units ready to deploy over the next year.
Over the next year, the Program will work closely with the Washington State Traffic Records
Committee and the eTRIP initiative to develop a statewide data exchange network to distribute
ticket data electronically from SECTOR back to our records management system. This network
will reduce redundancy and make electronic ticketing information more readily available to the
agency.
New Options for Reporting Violations/Poaching
Every year poachers steal hunting and fishing opportunities and hundreds of fish and wildlife
from the citizens of Washington. Poaching is a serious crime conducted by thieves. Witnesses
are encouraged to report violations and/or poaching. The Enforcement Program’s “Turn-In-APoacher (TIP) program provides the public with the opportunity to confidentially report fish and
wildlife violations.
In the last year the Enforcement Program has made a number of advancements to its TIP
program, and the ways in which the public can report these violations. The public can now
report violations:
• Using a dedicated WDFW email address: [email protected].
• Online at http://wdfw.wa.gov/poaching
• Via anonymous text message by texting the violation to TIP411
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Witnesses can also report poaching and/or other violations by:
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Calling toll-free 1-877-WDFW-TIP
Calling the nearest WDFW Regional Office if during normal work hours, 8:00AM5:00PM
Calling the nearest Washington State Patrol Communications Center
Calling 911 (only for in-progress poaching or emergency dangerous wildlife incidents)
For Non-Emergency Dangerous Wildlife Observations:
• Call toll-free 1-877-933-9847 (1-877-WDFW-TIP)
For Aquatic Invasive Species Violation Reports:
• Call toll-free 1-888-933-9247 (1-888-WDFW-AIS)
For Reporting Illegal Marijuana Grows:
• Call toll-free 1-800-388-GROW (4769)
The TIP Trailer and Truck were acquired in January
2011
In January of 2011, the Enforcement Program unveiled its new Hunter Education/Turn-In-APoacher Trailer. The trailer has two primary focus areas: a) To engage the hunting public and
general public in direct protection of their natural resources; and b) To promote Hunter
Education and recruitment of the next generation of hunters needed to continue the heritage of
hunting in Washington State.
The HE/TIP Trailer is a primary community policing and enforcement outreach tool used by Fish
and Wildlife Police Officers throughout the state at county fairs, sportsman’s shows, outdoor
events, and other venues.
A main attraction of the trailer is the Washington Poachers Wall of Shame, which displays
wildlife and fish that have been illegally killed, along with the information about the subsequent
prosecutions and case disposition. A 2002 Chevy Silverado, seized by the department from a
convicted poacher, is now used to pull the trailer. The trailer and truck have already been
deployed to Fish & Wildlife commission meetings, Puyallup sportsmen’s shows, Yakima
sportsmen’s shows, and a Spokane big horn show.
The funding for this project came primarily from fish and wildlife fines, criminal wildlife penalty
assessments, sales of forfeited equipment and conveyances used in fish and wildlife crimes, and
court ordered restitution---- in short, money derived from poachers! The remaining costs were
paid for using funding derived from taxes on the sale of firearms, ammunition, and archery gear.
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STATE, REGIONAL, AND NATIONAL ISSUES, LEGISLATION, LEGAL
CHALLENGES AND COURT DECISIONS IMPACTING NATURAL RESOURCES
LAW ENFORCEMENT:
Coordination with the criminal justice and judicial
system leads to successful case Adjudication
Over the past two years, the Program has filed a number of successful cases, resulting in high
penalties, jail time, and the forfeiture of several defendants’ vehicles and vessels. In one case,
three poachers took 39 ESA listed rockfish when the bag limit was one. This case resulted in a
10-day jail sentence, $2,682 in fines and court costs, and a 2-year license revocation for each
defendant.
In another case, a prolific trafficker of bear gall bladder was sentenced to one year in jail and
more than $5,400 in fines and fees. In a third case, a fish company agreed to pay $31,576 each
to the National Oceanic and Atmospheric Administration (NOAA) and WDFW for falsifying
fish accounting records and exceeding commercial limits selling black cod in interstate and
foreign commerce.
Improvements in legislation lead to increased
enforceability of natural resource laws
Since 2009, the Program has worked with its legislative partners to update existing legislation
and create new laws that support the enforcement of our natural resources. Several pieces of
important legislation include:
SHB 1778 (2009) expanded fishing-guide license requirements, penalized the unlawful use of
department permits, established the department’s Master Hunter program, increased the penalties
for illegal fish dealing and the possession of oversize sturgeon, established a new claims system
for wildlife damage, strengthened aquatic invasive species enforcement, and expanded the list of
revenue to be deposited into the fish and wildlife enforcement reward account.
ESHB 1516 (2009) created a permit program for derelict commercial gear removal.
SHB 2593 (2010) expanded the derelict-gear removal program from coastal waters to Puget
Sound. It also penalized the use of shellfish gear that is constructed or altered in violation of the
department’s laws and rules.
SHB 5622 (2011) requires permits (Discover Pass) for state-lands use by campers, hikers,
boaters, and other outdoor enthusiasts besides anglers and hunters. A portion of the revenue
generated will be directed for agency use in maintaining and operating our wildlife areas.
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Current legal challenges still impact the protection of
Washington’s fish and wildlife
The Program still faces two major legal challenges: Updating and enforcing current laws and
rules during the economic downturn; and developing a new penalty scheme for those laws and
rules.
Much of WDFW’s legislation and regulations exist as they were written when the departments of
fisheries and wildlife merged in 1994. The Enforcement Program has successfully updated many
of its own laws and rules, thanks to long hours, strong leadership, and program commitment.
The Enforcement Program is facing a mandate from the Administrative Office of the Courts to
implement a new penalty scheme for its offenses by July 1, 2012. Fish and wildlife violators
who used to pay a fine for crimes without going through the normal legal process will now have
to appear in court, enter a plea, and receive a formal sentence.
Court systems that are already under-staffed and under-funded are more likely to dismiss fish
and wildlife crimes than take on the additional caseloads. The Program faces the weighty task of
either choosing crimes to decriminalize or developing a new penalty system that will deter crime
without overburdening the court system.
To address the challenge of updating and enforcing current laws and rules during the economic
downturn, the Program is forging new relationships with recreational fishing and hunting groups
such as the Puget Sound Anglers’ Association and the Hunters’ Heritage Council. These groups
help improve compliance with hunting and fishing laws by modeling ethical conduct and
reporting illegal behavior.
WDFW has not yet developed a new penalty system, but it is collaborating with the Attorney
General’s Office, the Washington Association of Prosecuting Attorneys, and the courts. The
Program may seek to increase its share of revenue from the new system, to offset any reduced
deterrence the system may create.
COST SAVING INITIATIVES:
Building a communications center
Over the past two years, the Program’s communication center (WILDCOMM) has undergone a
number of improvements. The center is designed to provide real-time dispatching services to
officers around the state using Radio over Internet Protocol (RoIP) and the Department of
Natural Resources radio network.
WILDCOMM is integrated with the Program’s records management system, allowing
dispatchers the ability to communicate in real-time with field staff while also tracking their status
and availability statewide. The On-Scene Command and Coordination Radio (OSCCR) network
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provides dispatchers the ability to coordinate activities and communications with the state’s
Emergency Management Division (EMD) when needed situations.
Over the next year, the Program will establish three additional sites where RoIP technology is
used to provide increased communications/dispatch services to our officers. Current deployment
of RoIP allows radio communication between officers and WILDCOMM in less than 1/3 of the
state. The planned expansion will increase those capabilities to most of the state and allow the
agency to partner with other state and federal agencies that have similar missions and
communications needs.
The sites selected for RoIP deployment are:
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The Region 2 office in Ephrata
The district office in LaConner
The district office in Walla Walla
Ephrata – A RoIP station at this location will allow for new radio communication/dispatch
capabilities across the Mid-to-Upper Columbia Basin (Grant and Adams counties).
La Conner – A RoIP station at this location will provide coverage to northwest Washington,
including Island, west Skagit, west Whatcom, east Clallam, Jefferson, San Juan, and portions of
Snohomish Counties.
Walla Walla – A RoIP site at this location will provide coverage to Walla Walla, Benton,
Franklin, Columbia, and Garfield Counties, as well as the lower Yakima Valley.
OTHER SPECIAL LAW ENFORCEMENT ISSUES:
Provide effective and timely dangerous wildlife
response
With human populations continuing to expand into traditional black bear and cougar habitat,
combined with an increased bear and cougar population, human conflicts with wildlife are
inevitable. When human conflicts occur, citizens regularly call WDFW offices seeking
assistance.
The number of confirmed cougar and black bear complaints reported to the Washington
Department of Fish and Wildlife continues to rise. With the complaints come more property
damage, livestock and pet depredations, and human safety issues.
The Enforcement Program is responsible for responding to and assisting the public with
human/dangerous wildlife complaints. Much of the Program’s response focuses on using
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cooperative measures between the public and agency to limit or mitigate wildlife conflict issues.
As a result of this work, the agency has seen a decrease in certain complaints over the last two
years. The number of cougar complaints involving human or pet/livestock interactions in 2010
was its lowest point in a decade.
Despite these successes, continued urban growth and the absence of sufficient staffing to address
the management of wildlife mean conflict issues will remain a needed piece of the enforcement
landscape. In 2010, black bear complaints were up 46 percent over 2009, including two
incidents that resulted in attacks on humans.
The needs and safety requirements of our public continue to place a greater responsibility on
officers. In 2010, officers responded to over 1,500 incidents involving bear or cougar
complaints.
The agency will continue to use outreach and education tools to inform the public of coexistence
and human vs. wildlife incidents for black bear, including anti-feeding wildlife legislation.
Increasing spring black bear boot hunts will be used to address management objectives and
private landowner damages in western Washington. In addition, redevelopment of the agency
black bear depredation permit authorizing private landowners to use hounds will be examined.
New partners offer non-lethal option for wildlife
control
The Enforcement Program’s Karelian Bear Dog (KBD) Program has offered a valuable
alternative to dealing with wildlife conflict. Enforcement has partnered four KBDs with current
officers, and together they have responded to numerous incidents, including many situations
involving black bear.
In addition to tracking and locating bears, and assisting in hard releases, KBDs can also be
trained to detect other items (fish, birds, shell casings, etc.) of evidentiary value. On one
occasion, KBDs were called to help officers and the National Park Service locate the remains of
an illegally harvested and butchered elk in a remote location in the Olympic National Park. Park
Rangers and WDFW Officers had unsuccessfully expended over 600 man-hours of time and
effort searching for remains before bringing in the KBDs. Within 15 minutes of their arrival at
the scene, the dogs located several elk bone fragments that had knife marks on them and enough
tissue to perform DNA testing.
Overall, more than 50 bear have been worked with KBDs. Twenty-plus cougars have been treed,
and at least 10 orphaned bear cubs were found and recovered with the help of these partners.
Over the last two years, the Program has received increased media attention due to its successful
work with KBDs. Three of the dogs were featured on Animal Planet’s “Dogs 101,” and another
hard release was featured on CNN.
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The agency will continue to evaluate the KBD program and look for opportunities to expand it.
WDFW is also exploring support from individuals and organizations to coordinate and run an
endowment fund to help build the program.
Keeping our waterways safe
The Enforcement Program continues to expand its boating safety initiative in an effort to protect
our waterways and those who enjoy them. Since 2008, the Program has conducted over 4,500
vessel inspections, an average of over 1,500 per year. WDFW’s primary emphasis is ensuring
that our fishing & hunting license holders are boating safely.
Officers and 300 volunteers have received training through either the Motorboat Operator’s
Certification Course (MOCC) or the Basic Marine Law Enforcement Course (BMLE). Classes
on aquatic invasive species and federal marine mammal protection have become permanent
additions to the BMLE curriculum and are offered as seminar options at the annual Statewide
Boating Law Enforcement Conference.
The positive reputation of WDFW’s boat training program has led to contracted classes with the
Departments of Natural Resources and Ecology. Similar contracted classes for more boater
safety training is anticipated in the future.
The funding for boating safety in Washington was specifically scrutinized through an analysis by
the Joint Legislative Audit Review Committee (JLARC) in 2009, requiring the Enforcement
Program to provide a comprehensive explanation on how boating safety funds are expended by
WDFW. JLARC’s report was eventually organized into a statewide summary and presented to
the State Legislature. More information on the JLARC report can be found on the web at:
http://www.leg.wa.gov/JLARC/AuditAndStudyReports/2010/Pages/10-12.aspx
Next biennium, the Program will begin shifting its focus to more specialized on-the-water
operations. The agency has been mandated to provide a statewide disaster deployment
capability. With this mission in mind, the Program will need to provide rapid vessel response
accompanied by trained operators and crews.
The Program will also support the U.S. Coast Guard’s strategic vision to reduce boating fatalities
by vigorously enforcing statutes related to lifejacket requirements and boating under the
influence prohibitions. Moreover, our participation in nationwide emphasis patrols such as
Operation Dry Water and “Ready, Set, Inflate” will be perpetuated as much as possible.
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Ensuring safe public consumption of shellfish
Fish and Wildlife Police Officers spend a significant portion of their time patrolling the beaches
of the marine waters of Washington State in an effort to keep shellfish harvested from polluted
beaches from entering the market place. Clams and oysters growing in areas that are prohibited
from commercial harvest because of contamination from sewer outflows, city runoff, and other
sources of pollution offer an abundant resource to poachers who, usually under the cover of
darkness, are out for a quick profit at the expense of public health and safety.
Over the past two years, officers affected over 100 arrests for commercial sanitary shellfish
violations. These arrests stemmed from organized shellfish emphasis patrols during low tide
series, market and wholesale dealer inspections, border check stations, commercial cold storage
facility inspections, and investigations that follow the shellfish product from the beach to the
market place.
Washington State’s shellfish beaches are classified by the Department of Health based on levels
of pollution, including human fecal choliform, various bacteria, viruses, and other toxins. These
beaches are then evaluated through a risk assessment formula that identifies a mandatory
minimum law enforcement patrol effort in order to protect against illegal harvest.
Failure to meet these minimum performance standards places Washington at risk of losing the
ability to export shellfish to other states and nations. The molluskan shellfish industry in
Washington is valued at over $100 million dollars annually.
Additionally, the enforcement of shellfish laws goes beyond patrolling harvest areas where
oysters, clams, and geoduck grown under polluted conditions can illegally enter the marketplace.
Adequate protection for the safety of our public and the integrity of our state’s valuable shellfish
export industry requires officer inspections at our markets, shipping places, and borders. Illegal
product discovered at the marketplace, airport shipping terminals, and border inspections must be
traced back to the source through extensive and costly investigations.
WDFW continues to work with the Department of Health to address issues associated with
sanitary shellfish enforcement. The two agencies, together with representatives from the
shellfish industry, continue to work closely as legislation is drafted to improve shellfish laws in
an effort to enhance enforcement and improve public health and safety. The agencies have also
committed to exploring ways of making documents, such as the Shellfish Transportation Tag and
the Shellfish Export Certificate, more effective tools in preventing contaminated shellfish from
being sold at market.
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GOVERNOR
MATTHEW H. MEAD
WYOMING GAME AND FISH DEPARTMENT
1
5400 Bishop Blvd. Cheyenne, WY 82006
Phone: (307) 777-4600 Fax: (307) 777-4699
Web site: http://gf.state.wy.us
DIRECTOR
SCOTT TALBOTT
COMMISSIONERS
FRED LINDZEY – President
AARON CLARK – Vice President
MIKE HEALY
RICHARD KLOUDA
T. CARRIE LITTLE
ED MIGNERY
CHARLES PRICE
WAFWA Law Enforcement Committee
State Report – Wyoming
By: Scott Edberg
Assistant Chief, Wildlife Division
Wyoming Game and Fish Department
June 2011
This report encompasses statistics and relevant law enforcement information collected during
calendar year 2010 for the Wyoming Game and Fish Department. The topics covered in this
report are in accordance with the guidelines established by the Western Association of Fish and
Wildlife Agencies Law Enforcement Committee.
Agency Overview:
• Are officers 100% Wildlife Law Enforcement or Mixed: Mixed
• Straight Line Reporting Structure: Yes - All law enforcement personnel are within the
Wildlife Division.
• Number of Officers: The Department had 79 commissioned law enforcement officers
during 2010 in the following positions: Chief Game Warden - 1, Assistant Chief Game
Warden - 1, Regional Wildlife Supervisors - 8, Regional Game Warden Coordinator - 1,
District Senior Game Wardens - 50, Game Wardens (not in a district) - 11, Statewide
Law Enforcement Supervisor - 1, Statewide Law Enforcement Coordinator - 1,
Investigations Unit Supervisor - 1, Wildlife Investigators - 5, Private Land/Public
Wildlife Access Coordinators - 3 and Trophy Game Conflict Resolution Wardens - 2.
Training Issues:
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The Department completed a several year project to update our law enforcement radio
communication system from analog to digital. We currently have all enforcement
vehicles, boats and portable radios operational on the WYOLINK system. This will
allow direct communication with other law enforcement and first responder agencies
throughout the state.
Specialized training is held each year to train our new/tenured watercraft enforcement
personnel prior to the boating season. This training includes boat accident investigation
techniques, watercraft patrol techniques, watercraft laws, BUI detection and handling
watercraft in adverse weather conditions. This is a fifty (50) hour course instructed by
senior game wardens and field training officers.
The Wildlife Division continues to provide realistic training for officers utilizing
Simunition equipment. All firearms and custody/control instructors are certified in the
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use of this equipment. This type of training is as close to “live-fire training” as possible
without placing officers in harms’ way.
The Department continued its Leadership Development Program, Level 1, which lasts
approximately one year, and included elements of assessment, training, mentoring,
various assignments and short term projects. This program is designed to enhance
integrated leadership skills at all levels of the agency by developing additional leadership
skills in the following areas: 7 Habits for Managers, Leadership Principles, Situational
Management, Self Mastery/Trust and Interpersonal Mastery. Three (3) officers
completed this program in 2010.
Seven (7) officers completed the Department’s Leadership Development Program, Level
2, which aids in the development of additional leadership skills in the following areas:
Mastering Agency Change; Going From Good to Great; Supervisor Credibility;
Emotional Intelligence; Crucial Confrontations; Publics, Problems and Politics; Interest
Based Problem Solving; Why Leaders Fail; and Team leadership Skills.
Wyoming continues to send officers to the Marine Patrol Officer Course (MPOC)
conducted by the U.S. Coast Guard, and to watercraft accident investigation schools
hosted by NASBLA.
In May 2010, all Department law enforcement personnel attended a 2.5 day in-service
training at the Wyoming Law Enforcement Academy. Topics included: Review of
various Wyoming statutes and Commission regulations, Aquatic Invasive Species
enforcement (due to new legislation), game warden behavior and mannerisms, securing
and obtaining information from cell phones, information on TASER use, abilities, and
legalities (WGFD does not carry TASERs), false oath investigations and state and
federal legal updates.
Funding and Staffing Issues:
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Current Department funding levels are projected to remain relatively constant for the next
fiscal year. A state employee hiring freeze is still in place, so the Department is
evaluating every vacant position prior to refilling them. We lost one wildlife investigator
position when the hiring freeze was first implemented, and have not been able to regain
that position to date.
Our Department experienced two (2) retirements of Region Wildlife Supervisors during
2010. Two (2) district game wardens were promoted into these vacant positions.
The Department will be experiencing numerous retirements at several administrative,
supervisory and field enforcement levels over the next several years. It will be
challenging to keep all law enforcement positions full during these times. Entry level law
enforcement positions have seen a slight increase in demand as a result of the national
economy. The Wyoming Game and Fish Department remains committed to only offering
law enforcement positions to those applicants who rank the highest according to our
standards and criteria.
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Major Conservation Law Enforcement Trends:
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In calendar year 2010, Wyoming had 79 enforcement personnel record law enforcement
actions taken (including field and supervisory personnel). These officers worked a total
of 44,788 hours and drove 623,595 miles on law enforcement related activities. A total
of 3,830 law enforcement actions were taken comprising of 1,658 citations, 1,784
written warnings and 430 additional wildlife violations documented that could not be
attributed to a specific suspect.
Our wildlife investigative unit is working several major cases involving illegal
commercial big game hunts. The bulk of these cases will result in felony Lacey Act
charges and are being worked in cooperation with U.S. Fish and Wildlife Service agents
and several other state wildlife agencies.
The Department continues to use taskforces for various special law enforcement projects
or to address specific law enforcement problems. Task forces in 2010 dealt with
watercraft and fishing issues on various Wyoming waters, protection of mule deer on
winter ranges, deer/elk decoy operations along the Wyoming/Utah line, Hunter
Management Areas additional presence/patrol, antler hunting and Dubois/Jackson Antler
Rendezvous. The mule deer winter range task force efforts appear to be paying off, as
the number of reported/documented illegally killed mule deer has decreased over the past
several years.
Unique Cross Boundary or Cooperative Enforcement Efforts:
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Our wildlife investigative unit is currently working several major cases involving illegal
commercial big game hunts. The bulk of these cases will result in felony Lacey Act
charges and are being worked in cooperation with U.S. Fish and Wildlife Service agents
and several other state wildlife agencies. One of these major cases will go before the
Federal Courts in the summer of 2011. Another major case will enter the take-down
phase where several search warrants and approximately 70 interviews will be conducted.
The investigative unit is also developing new undercover cases in coordination with
neighboring states and numerous other projects.
Wyoming contributed 112 entries (names) to the IWVC in 2010. Our Law Enforcement
Coordinator currently serves as the secretary of the IWVC Board.
We continue to run a comparison with our license database and the IWVC database to
apprehend violators applying for or receiving licenses while serving suspensions. Our
personnel are experiencing an increase in requests for suspension information from other
states.
State, Regional and National Issues, Legislation, Legal Challenges and Court Decisions
Impacting Natural Resource Law Enforcement:
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The Wyoming Game and Fish Department partnered with the Natrona County Prevention
Coalition in efforts to combat drinking while boating. Public service announcements,
parade floats, informational billboards and boating safety trinkets are all used to get the
Department’s “Safe Boating” message out to the public.
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Due to new legislation (see below), the Department rolled out its AIS
inspection/enforcement program in May 2010. An I&E approach was taken with regards
to enforcement this first year, with overall compliance by Wyoming boaters being
satisfactory.
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2010 Legislation:
1. Illegal Fish Stocking - No person shall plant or release any fish or fish eggs in any
public waters of Wyoming without the consent and under the supervision of the
department or its authorized personnel. Violation of this section constitutes a high
misdemeanor (up to one year in jail and/or $10,000 fine). The court may, in its
discretion, revoke any license issued under this act to any person convicted of a violation
of this section, for the remainder of the year in which the conviction occurs, and may
suspend the person's privilege to purchase or receive any other license under this act or to
take any wildlife for a period of time up to and including lifetime revocation. In addition
to any other criminal penalty provided in this act, any person who violates this section
may be assessed civil penalties in an amount not to exceed the costs incurred by the
commission in removing the fish or fish eggs from the waters affected by the violation.
The commission may bring a civil action in any court of competent jurisdiction for civil
penalties or injunctive relief.
2. Aquatic Invasive Species - The act prohibits persons from possessing, importing,
exporting, shipping or transporting any aquatic invasive species or introducing them into
the waters of the state. The act requires any person that knows of an unreported aquatic
invasive species in a specific location of the state to report it to the Game and Fish
Commission or a peace officer. It allows any peace officer, with probable cause, to
impound or decontaminate a conveyance or require the owner of a conveyance to
decontaminate it. A peace officer may stop and inspect prior to launching or departing
from waters of the state that is visibly transporting any visible aquatic plant material or
upon reasonable suspicion that an aquatic invasive species may be present. The act
authorized the Commission to restrict watercraft usage on specific waters of the state
upon the threat of or the finding of any aquatic invasive species. The Commission was
also authorized to collect a fee which will be evidenced by a sticker to be applied to every
watercraft prior to launching on the waters of the state. The Game and Fish Commission
also promulgated a new regulation for aquatic invasive species.
3. Handicapped Season Extensions - This act authorized the Game and Fish Commission
to adopt rules to extend seasons for hunters with disabilities. Modifications were made to
existing Commission Regulations to allow disabled hunters to hunt up to five (5) days
prior to the earliest opening date for rifle seasons. Disabled hunters need to be qualified
for and in possession of a Disabled Hunter Permit issued by the Department in order to
participate in this season extension.
Cost Saving Initiatives:
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The Department continues to investigate and explore various federal and state grants to
purchase law enforcement equipment or fund training.
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As in past years, we continue to utilize the PWC law enforcement loaner program offered
by several PWC manufactures.
Other Special Law Enforcement Issues:
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Wyoming’s Stop Poaching Program continues to provide an integral part to our law
enforcement effort. The program consists of a toll free phone number and website for
people to report wildlife violations, promotional items advertising the toll free number
and a reward program for persons who provide information regarding wildlife crimes. In
calendar year 2010, 459 calls (increase of 68) were received resulting in law
enforcement actions being taken against 67 individuals. These cases collectively
accounted for $71,448.00 in fines being levied against defendants. Rewards paid out to
informants in 2010 totaled approximately $6,050.00. Certain Wyoming courts are
stipulating that defendants pay any restitution assessed to the Wyoming Wildlife
Protector’s Association, which in turn, uses the money to pay monetary rewards for tips
on wildlife crimes.
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WAFWA LAW ENFORCEMENT COMMITTEE
STATE REPORT – [Yukon, Canada]
By: [John Russell, Director]
AGENCY OVERVIEW: Are officers 100% Wildlife Law Enforcement or Mixed?
Mixed (Natural Resource Law, Wilderness Tourism and Environment Act)
Straight Line Reporting Structure: Yes
Number of Officers:
21 in total of which 16 are field officers including 2 field supervisors.
TRAINING ISSUES:
New recruits receive basic training during a 16 week specialized program at the
Western Conservation Law Enforcement Academy. As a small jurisdiction Yukon has
benefited from partnering with Canada’s 4 western provinces in this joint initiative.
Recertification in basic core competencies is done with in-house instructors and occurs
either annually or semi-annually.
FUNDING AND STAFFING ISSUES:
Our operational funding has improved slightly over 2010/11. One additional field office
has been opened and staffed with a field officer and administrative assistant within the
last month. This represents the first expansion of our agency into a new community
since 1990.
MAJOR CONSERVATION LAW ENFORCEMENT TRENDS:
We are continuing to experience high non-compliance rates with angling regulations
intended to safeguard vulnerable lake trout stocks. During peak seasons when we need
to be monitoring the sport fishery, Officers are often fully engaged with wildlife human
conflict public safety priorities.
UNIQUE CROSS BOUNDARY OR COOPERATIVE ENFORCEMENT EFFORTS:
We work with various border jurisdictions and allied agencies on an ongoing basis as
required. Special joint investigations with allied agencies are initiated from time to time
to address specific issues.
NEW INNOVATIONS IN CONSERVATION LAW ENFORCEMENT:
We have installed Panasonic Tough Books in every patrol vehicle. This is intended to
enhance efficiencies and put officers in the field to the greatest extent possible.
Solutions are being sought for on-going remote connectivity challenges. Progress in the
development of intelligence data management and cross referencing systems is slower
than we would like but work is ongoing. In addition each Yukon Conservation Officer is
now issued a “Spot” locator transmitter device that is intended to bolster Officer safety
during remote travel. Each Yukon Officer is also equipped with a cell phone and satellite
telephone. We also have a new mobile digital radio system that provides excellent
coverage to all communities and road corridors and one button access to
communications with other emergency services personnel.
STATE, REGIONAL, AND NATIONAL ISSUES, LEGISLATION, LEGAL
CHALLENGES AND COURT DECISIONS IMPACTING NATURAL RESOURCES
LAW ENFORCEMENT:
Canadian law is continuing to emerge in the areas of disclosure of investigator service
records and any history of investigator misconduct. In addition, the seizure of computer
hard drives has become common during the execution of search warrants. The law
governing the admissibility of forensic evidence extracted from hard drives in these
cases is proving challenging for investigators. The cost associated with processing this
evidence is also becoming very challenging.
COST SAVING INITIATIVES:
The price of gas is being felt. We have been forced to replace our ¾ ton 4x4 units with
heavy duty ½ ton 4x4 units as vehicles come up for replacement. Time will tell if the
downsizing of the fleet actually saves money over the longer term given that more
repairs to the lighter duty units are expected due to normal wear and tear.
Officers are requested to “car pool” when attending meetings or training sessions. In
addition we are hopeful that we will be able to increase officer efficiency by a significant
amount (and therefore realize cost savings) with our mobile office pilot project.
Otherwise, overall our work is planned and prioritized on the basis of risk to public
safety, property damage and the environment.
OTHER SPECIAL LAW ENFORCEMENT ISSUES:
Issues of illegal commercial guiding activities (residents taking out non-residents outside
the legislative parameters that are in place) appears to be on the increase. Compliance
with laws intended to safeguard freshwater fish stocks remains problematic given
stressed operational capacity during peak wildlife-human conflict months (bears).
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