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Law Enforcement Plan

Crab Orchard National Wildlife Refuge Carterville, Illinois

Submitted Date 5--/?'-ltr--

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CRAB ORCHARD NATIONAL WILDLIFE REFUGE LAW ENFORCEMENT PLAN •. ·' I. INTRODUCTION Crab Orchard NWR was established in 1947 by an Act of Congress. The Act dictated the refuge would be managed in a manner to be conducive for wildlife, agriculture, industry and recreation. For law enforcement purposes, these management constraints provide refuge personnel with unique and challenging law enforcement situations. For not only must one concern his or herself with the protection of the wildlife, but must also stay atune to such matters as security of approximately 300 industrial, storage and office buildings. Also, one must stay alert to the changing rec­ reational use patterns where over 1.1 million visitors annually enjoy the opportunity to hunt, picnic, hike, camp and enjoy the water-based activities provided by three 1arge refuge 1akes and numerous concession faci 1ities. A) Crab Orchard NWR Law Enforcement Problems Specific law enforcement problems at Crab Orchard NWR are wide ranging and vary with the seasons. The refuge sanctions two specialized hunts which have gained widespread popularity. A special six-day gun deer hunt in the closed portion of the refuge attracts approx­ imately 1 ,000 annual permit holders drawn at random from throughout the state. Throughout the goose season, land and island blinds are drawn at random and provide approximately 80 daily hunters with a preferred hunting spot. The open portion of the refuge also provides ample hunting opportunities for many species in accordance with state regulations. A challenge during warm weather is provided by a nearby major university that generates a high percentage of college age refuge users. This age group often has recreational needs that are nonconforming to traditional refuge public-use program­ ing. Finding a refuge officer in the middle of these opposing recreational viewpoints is a daily occurance. The student population combined with local and non-local visitation results in high, intensive recreational use on dispersed, and generally low quality facilities creating problems of access, litter, vandalism, crowding and deviant behavior. A 4,050 acre wilderness, accessible only to foot and boat traffic, allows for various types of unauthorized public use to continue without adequate law enforcement coverage. When over 450 refuge campsites fill up during busy summer weekends, it transforms refuge officers into a small town police force. A potential law enforcement concern lies along the western boundary of the refuge where, traditionally, homosexuals rendezvous. Such congregations discourage other refuge visitors from using the recreational facilities located there. Confrontations between the two groups have been known to occur. These and other problems are magnified by the numerous and uncontrolled access points throughout the refuge. The type, amount, understanding and enforcement of refuge regulations suddenly becomes inadequate to control refuge users with unlimited access. This situation generates an identity problem associated with Crab Orchard NWR as well. Visitors often do not realize when they are on refuge property, don•t understand what the regulations are or 11 Who runs the place ... · · · • ..,

B) Law Enforcement Personnel For the most part, passive and preventative law enforcement is the responsibility .of all refuge employees while active and aggressive law enforcement is the major responsibility of the Law Enforcement Division. This division consists of four full time refuge officers and one supervisor, all with full law enforcement commissions. A number of other employees with law enforcement authority provide information to and often assist those members of the Law Enforcement Division.

I I. OBJECTIVES The 11 0peration of the National Wildlife Refuge System- Final Environmental Statement 11 defines the overall refuge system objective as: 11 TO provide under­ standing and appreciation of fish and wildlife ecology and man's role in his environment, and to provide visitors at Service installations with high quality, safe, wholesome and enjoyable recreational experiences oriented toward wildlife ... Within this context, we outline our law enforcement objectives: A.) To ensure compliance with all laws and regulations pertaining to the administration, management, and protection of the refuge and its natural, cultural and historic resources. B.) To protect visitors and their possessions from self-harm or damage and from disturbances and/or harm from others. C.) To enhance and stimulate public awareness of CONWR and its true manage­ ment objectives thus providing visitors with a better understanding of refuge regulations. III. DEMEANOR - The purpose of this chapter is to provide law enforcement personnel with a source of reference for major policies and guidelines concerning Service laws and regulations. It is not intended to be a compilation of all information needed by law enforcement personnel. A) Professionalism The image of the U. S. Fish and Wildlife Service as a law enforcement agency is reflected by the attitude and professionalism of its officers. Illegal and irresponsible acts by a single officer can do serious and often irreparable harm to that image. Enforcement authority carries with it tremendous responsibilities. A 11 professional 11 law enforcement officer will successfully fulfill every respon­ sibility that the position demands. Every officer accepts a moral and legal responsibility to detect and investigate violations of the law. He/she must then follow through with the proper acquisition and preservation of evidence that will support the charge(s) against the violator in court. It is his/her responsibility to know the Service's programs and policies, and to perform his/her duties to the best of his/her ability in the Service's best interest. It is imperative that the officer know the laws to be enforced, the rights of the citizen, and his/her own rights as an officer. His/her tactfulness and self-control will be severely tested at times. He/she must act with courtesy. To succeed, he/ she must display initiative, resourcefulness, courage, and integrity. On occasion the responsibilities of an officer include the necessity to deprive citizens of

-2- liberty and property, subject to due process of law in the courts .. At all times the officer must constantly respect and defend the fundamental ··Tights of citizens. B) LE Requirements, Policy and Guidelines It shall be the responsibility of the law enforcement officer to become cogni­ zant of Service requirements, policy and guidelines as outlined in the Refuge Manual (8 RM 14), Administrative Manual (28 AM 1), Law Enforcement Handbook and Regional Memorandums. Areas addressed in these sources are: 1. Officer Conduct 7. Rules of Evidence 2: LE Authorities 8. Elements of Arrest 3. Training Requirements 9. Search and Seizure 4. LE Accountable Properties 10. Interviews and Statements 5. Relationship with Special Agents 11. Testifying in Court 6. Federal Court Procedures 12. Firearms Policy C) Official Dress Class C and B uniforms are available to refuge officers and will be worn in accordance with Service uniform policy (3 AM 3). During periods of high public use (generally Memorial Day through Labor Day) the full LE assembly (belt, holster/ sidearm, cartridge case and handcuff case) will be worn by officers engaged in continuous law enforcement duty. During periods of lower public use, the holster/ sidearm may be worn on the pants belt where a less obtrusive appearance of enforce­ ment equipment is desired. During hunting seasons, law enforcement personnel will revert to a continuous undercover operation and will wear appropriate civilian apparel whereas the holster/ sidearm will be worn on the pants belt as prescribed by 8 RM 14.15. IV. ENFORCEMENT AUTHORITY AND JURISDICTION - Crab Orchard NWR reserves proprietary interests. A) Refuge officers are generally limited to the enforcement of the following acts and regulations within the confines of the refuge and the immediate vicinity unless specifically authorized by the Regional Director: 1. National Wildlife Refuge Systems Administrations Act of 1966, 16 USC 668dd-668ee, 2. Migratory Bird Treaty Act, 16 USC 703-7ll, 3. Migratory Bird Hunting and Conservation Stamp Act, 16 USC 718-718h, 4. Bald Eagle Protection Act, 16 USC 668-668d, 5. Airborne Hunting Act, 16 USC 742 J-1, 6. Endangered Species Act, 16 USC 1531-1543, 7. National Wildlife Refuge System- Public Use Regulations, 50 CFR 20, 25-28, 32 and 33, 8. Refuge Special Regulations as printed in the Federal Register, 11 11 9. IL Revised Statutes, Conservation Laws , Chapters 56, 61 and 95~. 10. Refuge officers can routinely issue notices of violation for migratory bird treaty act violations and refuge act violations. For any other federal wildlife crime, i.e., the Endangered Species Act, the Bald Eagle Act, the Airborne Hunting Act, and the Lacey Act, the local Special Agent will be consulted in order to determine whether a Notice of Violation is appropriate in the case.

-3- B) In response to a violation of an aforementioned act or regulation, a refuge.officer can: 1. Give a verbal warning. 2. Write a violation notice (Note: Generally refuge officers will fill out and turn over to the supervisory refuge officer a Field Information Report (3-960) whereas a violation notice will then be generated). 3. Make an arrest. 4. Seize contraband and evidence of the crime. C) Refuge officers are generally limited to enforcement activity within the boundaries of the refuge involved and the immediate vicinity thereof, unless specifically approved by the Regional Director. ("Immediate vicinity" for Region 3 is defined as the area adjacent to refuge system lands where hunting activity occurs such as a boundary firing line situation. Immediate vicinity, in most cases, would not extend beyond one mile of the refuge.)

D) Whereas the federal government has retained only proprietary interest in Crab Orchard NWR, the primary responsibility for non-wildlife law enforcement is retained by the State of Illinois. Agencies sharing this responsibility are: 1. Jackson County Sheriff's Department. 2. Union County Sheriff's Department. 3. Williamson County Sheriff's Department. 4. Illinois State Police. 5. Illinois Department of Conservation. Crab Orchard NWR has entered into a written memoranda of understanding with its two primary non-wildlife enforcement agencies {_Illinois State Police and Williamson County Sheriff's Department) addressing the nature and extent of assistance each can expect with the other (see Appendix 1). Each refuge officer should make periodic contact with these organizations and remain fully informed of their capabilities to assist the refuge with law enforcement activities. V. CHAIN OF COMMAND A. 1. Project Manager 2. Assistant Project Manager 3. Supervisory Outdoor Recreation Planner 4. Supervisory Refuge Officer 5. Refuge Officer B. The state of Illinois and its respective counties maintain jurisdiction over Crab Orchard NWR and will enforce laws and regulations accordingly. Although there is no formal chain of command between agencies, the following guidelines should be used: 1. Generally, refuge officers responding to a violation of 50 CFR Chapters 20, 25-28, 32 and 33 will assume full law enforcement responsibility. 2. In situations where state, county and federal authority overlap, it will generally be the state, county or refuge officer first at the scene that assumes responsibility while assisting agencies provide necessary assistance as requested by the lead officer.

-4- 3. A refuge officer may not arrest or cite for violation of Illinois State Law. However, he/she will initiate steps to see that the violator is apprehended and charged by state officials and will serve as a witness as necessary.

C. Any problems arising within the Law Enforcement Division will be referred to the Supervisory Refuge Officer or the Supervisory Outdoor Recreation Planner. VI. PATROL PROCEDURES A) Mental Preparation Mentally review the laws to be enforced. Consider the most likely violations you will encounter. Consider the season, the day of the week, the time of day, the day's weatherforecast, etc .. Think the possible violations through, and know what does or does not constitute a violation. Talk with your fellow officer, supervisor and/or Special Agent. Clear up any possible misunderstanding of the laws and Service policies and pro­ cedures. Know where you may work, where cases will be prosecuted, and how they are to be processed. B) Equipment The following items are suggested when preparing for field work: 1. Two pens and a pencil. 7. Binoculars 2. Supply of Field Information Forms (3-960's). 8. Camera l. Supply of affidavits and seizure tags. 9. Maps 4. IL Conservation Law & 50 CFR handbooks. 10. Supply of 5. A reliable watch. refuge brochures. 6. A flashlight (for~ and night patrol). 11. First aid kit. Seasonally, shotgun, waders, thermometer, "plug checker", and a magnet are essential items as well. Do not perform law enforcement duties without proper credentials on your person. Make sure your weapon(s), handcuffs and speed­ loaders are in proper working order. C) Planning Patrol Successful patrols do not just happen. When you leave headquarters, you should have a definite plan of patrol. This will be based on your knowledge of questionable activity, concentration of birds, weather conditions, behavior pattern of deer, public use concentration, information you have received, or orders you have been given. A roving patrol may be utilized to combat some types of violations and during periods of high public use. The stakeout is a most effective method for dealing with other types of violations such as early shooting and overbagging. Stakeouts and boat patrols should be pre­ programmed with other officers to provide adequate law enforcement coverage over the remainder of the refuge. All patrols should avoid being routine. A refuge boundary patrol that passes a given point once daily at 7:45 a.m. soon loses its preventive value. D) Observation A good observation post permits you to see clearly what is going on from as close as possible to the suspected violators. Make a mental note of the

-5- weather conditions as they affect observation: cloudy, sunny, fog, snow, rain, etc .. If a violation is observed, it may be essential to approaeh and contact the violator. Note his dress and physical description, to aid in later identification. Violators often hide evidence, be alert to this possibility. Some judgment mustoe exercised in timing the approach. It cannot be emphasized too strongly that field notes on your observations are extremely important. Do not trust your memory alone. Observation is evidence. A witness can testify in court to what he/she saw, heard, touched, or smelled. These are facts. He/she cannot testify to things inferred, or concluded from what he/she saw. Note and remember the facts, all of them. Time your approach to your best advantage. E) Approach 1. After observing a violation, and you decide to approach or intercept the violator, watch his/her actions closely. Immediately identify yourself by name and title in a friendly and courteous manner. Be alert to the person's behavior. Watch for indications of emotional, nervous or aggressive behavior. These may give an indication of his/ her frame of mind. 2. Find out who the violator is. Ask for his/her identification. If it is a hunting situation, request his/her license. Examine the license or other identification and be certain the description fits the individual. 3. Inform the person that he/she has violated a law. Be specific in stating the exact law or regulation violated. If they have a story to tell, listen to it carefully. Let them talk. When they have concluded, point out any obvious errors or discrepancies but avoid any prolonged discussions or rationalizations. Lead them toward a truthful statement. 4. Fill out a Field Information Report (3-960). Be certain you have subject's full and correct name and address. 5. Any items which the violator acquired as a result of the violation or the means and instruments used to violate the law should be seized and retained as evidence. Give the individual a receipt for property you receive from him/her. F) Guidelines 1. If possible, request and wait for assistance before confronting the following situations: a. Large groups of violators - particularly if alcohol or drugs are involved, or a night-time situation, b. If a weapon is involved, c. If an arrest appears necessary. 2. Officers should not leave their patrol vehicle until they have radioed where they are going out of service. 3. Officers should never start or end a patrol with less than 3/4 tank of fuel in the vehicle.

-6- . . . 4. When stopping a vehicle, officers will report their location, as well as the pertinent vehicle information. If unable to contact anyone by radio, record the pertinent information on a clipboard. 5. Receive identification papers with your non-weapon hand. 6. Frequently review your tactics and techniques in handling violators. Change procedures and substitute better ones. Experiment with newer, approved methods. 7. Apologies are never necessary for doing your job. VII. RESPONSIBILITY FOR USE OF EQUIPMENT A) Government property/equipment will not be used for personal gain. B) Each officer will be responsible for the care and use of all accountable and assigned equipment. C) Emergency equipment: 1. Vehicles a. Government vehicles will not be used to assist private vehicles (including towing and battery jumps). b. Only government vehicles will be used to enforce federal regula­ tions on or off the refuge. c. Government vehicles will be driven at speeds that are reasonable and proper for existing conditions. d. Sirens will be used only in emergency situations or when red lights, horn and spotlight fail to pull a vehicle over within a reasonable distance. e. Refuge officers will be responsible for maintaining his/her vehicle in a clean and properly equipped manner. f. Refuge boats will be kept clean and ready for immediate use. Gas receipts will be turned over to proper personnel. The patrol boat will be limited to LE duties only and not used for assignments more suitable for the work boat. Life pre­ servers will be worn by all occupants while working over water. 2. Firearms a. Authority to Carry Firearms: Refuge officers are authorized to wear fuearms whi.le in the performance of their duties. Each law enforcement officer shall be specifically identified as such. Only employees assigned duties as law enforcement officers sha 11 be authorized to carry firearms and to make arrests, except where firearms are necessary in the performance of other game management or resource protection duties. Officers in uniform shall wear sidearms visibly if they are wear­ ing sidearms during law enforcement activities. Special Agents are required to carry a Service or approved personal sidearm when away from the office unless circumstances dictate otherwise, in accordance with LE Manual 1 LE 4.3 A &B.

-7- b. General: Except for training purposes, only officers who qualify and re-qual Hy in accordance with the procedures below are author­ ized to carry sidearms. c. Authorized Sidearms and Ammunition: The Fish and Wildlife Service shall specify the type of firearms, ammunition and auxiliary equip­ ment to be used by the law enforcement officers of the Service. d. Service Weapons: Any revolver owned by the Service of at least .38 Special with a capacity of at least five cartridges may be issued and carried by officers for law enforcement purposes. All weapons so issued or on hand for issue shall be recorded with Washington Office (LE). After the issue date of this manual provision, no sidearm may be acquired by the Service for law enforcement purposes other than for Special Agents unless it meets the following standards: Caliber Frame Barrel Length ~Ty~p~e__ ___ .38 Special Stainless Steel 211 to 411 Revolver .357 Magnum Stainless Steel 211 to 411 Revolver 9 mm Steel or Alloy Semi-automatic e. Personal Sidearms: Officers (except Special Agents) are not author­ ized to carry personal sidearms for official duty. Special Agents may, with prior written approval from their SAC, carry personal sidearms meeting the standards set forth in LE Manual 1 LE 4.28. f. Ammunition: Only standard load, factory manufactured ammunition may be acquired or carried for law enforcement purposes, other than training. g. Exceptions: Operational requirements may necessitate the carrying or use of a sidearm or ammunition other than provided for above. In such cases advance approval must be obtained from the Refuge Manager or Project Leader, appropriate SAC and concurred with by the Chief, Division of Law Enforcement. h. Use of Firearms: 1. Firearms Policy: A firearm may be discharged only as a last resort when in the considered opinion of the officer there is danger of loss of life or serious bodily injury to himself or to another person. 2. Guidelines: Firing a weapon should be with the intent of rendering the person at whom the weapon is discharged incapable of continuing the activity prompting the officer to shoot. Warning shots pose a hazard to innocent parties and therefore are prohibited. Firing at a fleeing person will not be considered justified unless the officer has reasonable cause to believe that the person he is considering shooting poses an immediate threat to the life of the officer or others.

-8- As a general rule when in the presence of the public, a handgun should be drawn only when the officer has sufficient cause to expect it will be used and the officer is preparing for its use. Shoulder weapons may be displayed as their use may require. The authority to bear firearms carries with it an obligation and responsibility to exercise discipline, restraint and good judgm·ent iri their use. The officer must keep in mind that when firing a weapon there always exists a danger to innocent parties. 3. Maintenance and Storage: Fish and Wildlife Service law enforcement officers are com­ pletely responsible for the maintenance and security of Service weapons assigned to them. Weapons must always be kept in a safe or other secure place. 4. Use of Less than Lethal Weapons: The use of less than lethal weapons such as MACE has been tested extensively and is in almost universal use by police and federal enforcement agencies throughout the country. Such chem­ ical devices are sound defensive instruments and may be carried and used by law enforcement officers of the FWS under proper conditions and safeguards .. They should only be utilized as temporary disabling weapons, but never in situations which call for the use of firearms. They are a supplement to incapacitate an individual in instances where deadly force is not justified. They may also be used when milder forms of persuasion designed to restrain a person from committing criminal or disorderly acts appear to be of no avail. MACE spray should only be directed at a person for the time necessary to incapacitate and never at a distance of less than two feet. The spray should be aimed at the chest and in no more than five, one second bursts. It should not be used in greater quantities in a confined space such as a small room or automobile. When it is known that the person involved is not in possession of his normal protective reflexes, such as blinking, holding his breath, turning away, etc., use should not be continued. Once a person is subdued, he should be permitted to wash with clear water as soon as this can be made available. FAA regulations do not permit carrying this kind of chemical weapon aboard an aircraft, either on the person or in a baggage compartment. 5. Report of Discharge: Each time a firearm is drawn, aimed or fired, or MACE is used for law enforcement purposes, (except for firearms training, on routine depredation work, or any other non-enforcement activity), a report shall be filed with the appropriate SAC or Area Manager, and forwarded to the Regional Director and the Washington Office (LE) by telecopier within 24 hours. The report will relate all

-9- . ·. facts surrounding the incident: the basis for the officer's decision to draw, aim or fire the gun or to use Mace; and injuries inflicted or suffered; the number of people involved or present; the time, date and location of the incident; whether or not representatives of the news media were present; and \'-/hat statements if any were made to them. Whenever use of weapons results in property damage, bodily injury or death, the report should be made by telephone as soon as practical after the incident, followed by a telecopier written report. Body armor will be available for refuge officers to use at their discretion. In the event an officer is assigned, or has prior warning that he/she will be contacting aggressive violators, body armor will be worn. A radar gun is available for monitoring boat as well as refuge road traffic speed. This equipment will be maintained by all LE personnel. All LE accountable equipment (waders, cameras, binoculars, etc.) will be issued and recorded with the designated LE Property Officer. VIII. VIOLATIONS, WARNINGS, SEARCHES, SEIZURES, COMPLAINTS AND ARRESTS It will be the responsibility of the refuge officer to be cognizant of those rules and regulations to be enforced. It is recommended that the officer periodically review 50 CFR and other pertinent manuals to reinforce ones confidence in viola­ tion recognition. A) Violation Notice 1. Gather all information needed to write a violation notice by completing a Field Information Report. All middle names must be recorded. If the person has no middle name, write 11 NMN. 11 Along with the Pink Sheet, the officer will fill out a probable cause statement. 2. These two documen.t will be turned over to the Supervisory Refuge Officer within 24 hours of the violation. 3. The Supervisory RO will then fill out a Violation notice and record information on a transmittal sheet. He will then pull the pink copy and file it along with the 3-960 in the refuge LE file. 4. The refuge clerk/typist will send the white and yellow copy along with the transmittal sheet and probable cause statement to the Central Violation Bureau (.CVB) in Louisville, Kentucky. The clerk will then send the hard copy with a copy of instructions to the violator via registered mail {.CVB will also send the violator instructions and estab­ lish a court date if necessary). 5. After the case is resolved, CVB sends us notification and we transfer the case from the active file to inactive file. 6. When the refuge is notified that a subject has chosen to have his/her case heard before the US Magistrate, the refuge officer will insure that the US Attorney or Assistant US Attorney is properly briefed prior to any hearing. The refuge officer should be satisfied that the US Attorney prosecuting the case has been given all the facts, that he/she has a full understanding of violations charged, and that any questions they have relating to the case are answered.

-10- B) Warnings Written warnings will be issued in the field by the apprehending officer at his/her discretion. A 3-960 will be completed and turned over to the Supervisory Refuge Officer for review and filing.

C) Search and Seizures The statutes (or Acts) that the refuge officer has authority to enforce have been cited in Part IV of this plan. Each of these statutes provide the officer with certain powers to search and seize. The officer must be cognizant of the limitations of each of these acts in regards to how he/she will approach, search and seize during any given violation.

These limitations and FWS policy towards search and seizure are discussed in great detail in Chapter 8.0 of the LE Handbook. Illinois Revised Statutes, "Conservation Laws", Chapters 56 and 61 provides "duly accredited officers of the U.S. Fish and Wildlife Service" with general authority to search when pursuant to Illinois law (See Illinois Revised Statutes, Chapter 56, 1.17 and Chapter 61, 1.19 "Authority to Search").

When property is seized a FWS seizure tag will be completed (in addition, a Seized Property Inventory form may be filled out) and attached to seized articles. The owner of the property will be given a receipt. Seized items will be turned over to the refuge Evidence Custodian as soon as possible. Until such time, responsibility for seized property remains with seizing officer.

D) Arrests As with search and seizure, the refuge officer's authority to arrest stems from those statutes he/she is charged to enforce. Chapter 7.0 of the LE Handbook provides a synopsis of this authority. Physical arrest should not be made unless absolutely necessary. However, when an arrest is made, the following steps will be taken: 1. Upon arresting a suspect, handcuff, search (the person and immediate surroundings), and secure the suspect in your vehicle. An attempt should be made to seek the assistance of a second officer before the actual arrest.

2. When transporting a suspect, call in starting mileage and time and notify the fire station of your location and destination.

3. Advise the Supervisory Refuge Officer and Assistant U.S. Attorney.

4. Two officers will deliver the suspect to the nearest available federally approved jail (arrest ticket must accompany subject at jail): St. Claire County Jail Randolph County Jail (telehpone first Belleville, IL Chester, IL for availability Tel: 826-3114 or 3113 $25/night)

5. Call in ending mileage and time.

6. Book suspect into jail. Advise jailer that the suspect is a federal prisoner.

7. Notify the local Special Agent, if available.

-11- 8. Notify the U. S. Deputy Marshal that you have a pri,soner i,n jail. 9. Allow the suspect to make a telephone call, if desired. 10. Notify the U. S. Magistrate . 11. Notify the FBI in an assult case. • E) Camp 1a i n t The ar.resting officer is responsible for filing a complaint before the accused•s initial appearance before the U. S. Magistrate. Usually the Assistant U. S. Attorney will be able to assist the officer in filing the complaint. F) Refuge officers will be familiar with the seizure and forefeiture procedures in 50 CFR 12 and 23 AM 9 and 10.

IX EMERGENCY PROCEDURES The Project Manager will be notified as soon as possible of all major incidents. Accident and Incident Reports (3-2038) will be filed with the Supervisory Refuge Officer in a timely fashion. A) Traffic Accidents All serious traffic accidents occurring on roads other than in the refuge closed area will be handled by the Illinois State Police or Williamson County Sheriff•s Office. The refuge fire station will be notified immediately as to location, injuries, condition of the road and what emergency units are needed. Officers in vehicles with state/county band radios may contact the appropriate emergency unit directly. Refuge fire station will still be notified. Injured persons still in a disabled vehicle will not be moved until an emergency unit arrives at the scene, except if the disabled vehicle is on fire and the injured person•s life is in jeopardy. First-aid treatment by the officer at the scene will be given only to stop excessive bleeding, shock, and mouth-to-mouth resuscitation if injured person stops breathing. An incident report will be filled out with sufficient information to complete form DI-134, if appropriate. In the case of minor accidents, when there is no state or county officers available, the officer at the scene will investigate and fill out an Incident Report (3-2038} with sufficient information to provide state/county authorities. On refuge closed area roads, refuge enforcement personnel will investigate and make an incident report. The state police will be notified in the event of a serious accident.

B) Boating Ac~idents The operator of every watercraft involved is required by the Illinois Boat Registration Act of 1959 to file a report in writing whenever a boating accident results in loss of life, injury causing incapacitation in excess of 72 hours or property damage in excess of $100. Reports in death cases must be submitted within 48 hours; reports in other cases are required within five days. All re­ ports shall be submitted to the Boat Section, Illinois Department of Conserva­ tion, 400 South Spring Street, Springfield, IL. An Illinois DOC officer will be contacted to investigate and will be able to provide those involved with the necessary forms. In the event a DOC officer is unavailable, the refuge officer will fill out an Incident Report (3-2038} and provide a local DOC officer with a copy.

~12- C) Drownings (SEE Appendix 3) D) Serious Violations (Murder, Robbery, Rape) (SEE Appendix 2) E) Prison Breaks ·In the event of an escape from the U. S. Penitentiary, located adjacent to the refuge, refuge officers will assist prison officials and local law ·enforcement personnel in searching of refuge properties for escaped prisoners. When requested, assistance can include keys, maps, traffic control, etc .. Refuge officers have no authority over escaped prisoners and should not be physically involved in searching for escaped prisoners. X. DRUGS ..Operation Cash Crop" is an on-going project of the Illinois Division of Criminal Investigation (ICI). The objectives of the project are to seek out and destroy cultivated marijuana fields and prosecute the growers. Refuge officers have historically played an active role in this interagency endeavor for fields located on the refuge. Efforts to destroy such field on or adjacent to the refuge will generally be coordinated through ICI. Illinois Division of Criminal Investigation (ICI) Marion, IL 62959 Tel: (618) 997-9431 or 1-800 - BAD STUF

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APPENDIX 1

CRAB ORCHARD NATIONAL WILDLIFE REFUGE

STATION CROWD CONTROL PLAN 'I

CRAB ORCHARD NATIONAL WILDLIFE REFUGE STATION CROWD CONTROL PLAN

I. Operational Procedures A. ·The following initial steps shall be taken if a civil distrubance or emergency appears imminent .on the refuge. 1. The Project Manager, or his designated assistant, will notify: a. Williamson County Sheriff's Office {993-4878) b. State Police District 13 {1-542-2171) c. Federal Bureau of Investigation {1-457-4080 - local office) d. U.S. Game Management Agent-in-Charge of State {217-525-4460) e. U.s. Attorney, E. St. Louis (1-274-2200) f. Regional Refuge Supervisor {612-725-3571). 2. At the direction of the Project Manager, or his designated assistant, the duty personnel at the refuge fire station shall notify the follow­ ing personnel {current names will be posted at the station). a. All refuge personnel with law enforcement authority. b. Refuge Maintenance Foreman. ·c. Refuge Automotive Worker Foreman. 3. The refuge Automotive Worker Foreman shall be responsible for servic­ ing all v~hicles for immediate.use. 4. All other notified refuge personnel shall assemble at the refuge fire station for further instructions. Personnel will be assigned at the discretion of the Project Manager to monitor crowd's location and activity, if necessary. There will be no other involvement or crowd confrontation at this time by refuge personnel until arrival of the Williamson County Sheriff and/or State Police, except in the event immediate action is required to protect life. In the event of a natural emergency, personnel will be assigned as needed by the Project Manager. 5. The refuge fire station will serve as a command post during any crowd control or emergency operations. B. Crowd Control Operations 1. The Williamson County Sheriff, State Police Officer-in-Charge and the refuge Project Manager shall direct the combined and coordinated effort of all law enforcement personnel. 2. Refuge personnel will assist in crowd control operations as directed by the Project Manager and all instructions for refuge personnel will be through the Project Manager. 3. The Project Manager will make available equipment, vehicles, buildings, and/or other items necessary for the Williamson County Sheriff and State Police Officer-in-Charge to carry out crowd control procedures. 4. The Project Manager will coordinate enforcement of federal regulations not concurrent with state laws with the Williamson County Sheriff. . . ·.

5. The Project Manager will advise the regional refuge supervisor daily, or more frequently if necessary, concerning the status of the disorder or emergency and all steps taken to quell it.

II. Inventory of Resources A. Refuge 1. The refuge has a staff of five men with law enforcement authority to assist in a civil disorder or emergency. Additional refuge personnel are available to operate trucks and heavy equipment if needed. 2. Equipment includes four (4) sedans and sedan deliveries, twenty (20) pickups, two (2) stakes, six (6) dumps, one (1) winch truck, one (1) lowboy, one (1) backhoe, one (l) end loader, one (1) D-7 tractor, two (2) D-4 tractors, plus additional farm tractors, pumps, boats and other equipment. Fire fighting equipment includes two (2) 500 gallon pumpers, one (1) 1,000 gallon pumper and one (1) fire jeep. 3. An automotive maintenance shop for repair and maintenance of vehicles, a 10,000 gallon regular gas storage tank and two pumps and a 500 gallon ethyl gas storage tank and one pump.

B. Williamson County Sheriff 1. The Williamson County Sheriff has six (6) deputies, each of whom has mace, baton, riot helmet and riot gun. They have seven {7) cars which can be utilized either as marked or unmarked vehicles. C. State Police 1. District #13 has 142 men (107 troopers and 35 command personnel). Each officer carries his own baton, riot helmet and riot shotgun in his car. 2. District #13 has two riot control teams. Each team consists of 14 men (personnel included in #1 totals) equipped with batons, gas masks, gas guns, grenades and other riot control equipment. 3. In addition to the individual weapons and equipment of each officer, District #13 has a supply of 30.06 rifles, extra riot guns, gas guns and machine guns. They also have additional supplies of gas masks, gas and smoke grenades and 1.5 tear gas projectiles.

III. Communications A. Radio 1. The refuge base station operates on 34.83 frequency with the call letters KSC-620. The base station is manned 24 hours per day. 2. The refuge has twelve (12) mobile units (nine (9) pickup trucks and three (3) sedans) on the 34.83 frequency. There are also three (3} pack sets on this frequency. Two (2) of the above vehicl~s (one (1) pickup and one (1) sedan) are equipped with State radios on frequency·39.5 with converters for 42.5.

-2- One (1) of the other vehicles (pickup truck) is equipped with a State radio on 39.5 frequency. 3. The Williamson County Sheriff's Office operates a base station on 39.5/42.5 frequency. They have seven (7) mobile units on the 39.5 frequency with converters for 42.5. 4. State Police District #13 operates a base station on 42.5 frequency with the call letters KSB-234. 5. State Police District #13 has 142 mobile units on 42.5 frequency with converters for 39.5. B. Telephone 1. The refuge has two (2) telephones. The office is 997-3344 and the base station is 997-2131. After office hours (7:00a.m. -4:30p.m.) the 997-3344 number rings at the base station. 2. The Williamson County Sheriff's Office has one (1) telephone, 993-4878. 3. State Police District #13 has one (1) telephone, 542-2171.

IV. Detention Facilities A. Permanent 1. Williamson County jail has a capacity for 35 males and 10 females. 2. Jackson County jail (684-2171) has a capacity for 48 males and 15 females. No federally-approved jail in the immediate area. B. Temporary 1. Herrin Police Department (942-5251): • A temporary lock-up with a capacity of 20 men. V. Medical Facilities A. Hospita 1s 1. Marion Memorial Hospital (993-2126) has bed space for 95 patients. 2. Herrin Hospital (942-2171) has bed space for 116 patients. 3. Doctors Hospital (457-4101) has bed space for 127 patients. 4. Minor injuries may be treated at any of the above hospitals emergency rooms. B. Ambulance Service 1. Ambulance service is available from the following: a. H. L. Pulley Ambulance Service - 993-8577 (Marion) b. Mayfield Ambulance Service - 993-3019 (Marion) c. Huffman Funeral Home - 457-2400 (Carbondale)

• -3- ., . ·..

...... d. Van Natta Funerai Home - 457-4139 (Carbondale) e. Walker Funeral Home - 457-5790 (Carbondale) 2. Carterville Fire Department (985-2241) has one emergency truck. 3. Herrin Fire Department (942-4141) has one (1) emergency truck. 4. Marion Fire Department (993-2211) has one (1) emergency truck. 5. Carbondale Fire Department (457-4131) has two (2) emergency trucks.

VI. Housing and Food for Enforcement Personnel A. Housing Housing for state enforcement personnel should not be a problem since they are from the immediate area. Service personnel from out of town will be housed at a local motel. B. Food The cafeteria at the Vocational Technical Institute can feed 350 persons. Normally there are 200 persons served. During the summer months the cafeteria is open only Monday through Friday.

VII. Coordination With News Media A. Coordinator The refuge Project Manager will handle all contacts with the news media concerning disorders on the refuge. All requests for information shall be referred to the Project Manager. The refuge office shall be used for all initial contact with the news media and to hold any necessary press conferences. B. List of Area News Media The following is a list of newspaper, radio, and TV stations which will assist the refuge in the event of a civil disturbance or emergency. l. Southern Illinoisan (549-5391) 2. Daily Egyptian (536-3311) 3. Marion Daily Republican {993-2626) 4. WCIL - Radio, Carbondale (457-8114) a. AM - 6:00 a.m. - 6:00 p.m. b. FM - 6:00 a.m. - 2:00 a.m. 5. WGGH - Radio, Marion (993-8102) AM - 6:00 a.m. - 6:30 p.m. 6. WJPF- Radio, Herrin (942-2181) AM-5:00a.m. - 1:00 a.m. 7. WOOD- Radio, Marion (997-2341) FM - 5:00 a.m. - 1 :00 a.m. 8. WMIX - Radio, Mt. Vernon (242-3500) a. AM - 6:15 a.m. - 6:00 p.m. (or Sunrise to Sunset) b. FM - 5:45 a.m. - 9:15 p.m. 9. WRAJ - Radio, Anna-Jonesboro (833-2148) a. AM - 6:00 a.m. - 6:00 p.m. b. FM - 6:00 a.m. - 9:30 a.m. -- 2:15 p.m. - 6:00 p.m . 10. WSIU-TV Southern Illinois University (453-4343) • 8:43a.m. - 11:30 p.m. (Approx.) -4- . .. • 0 .....

-y~-~ ----·-I'PMit(a-.) .... -t... UNITED STATES GOVERNMENT Memorandum APPENDIX 2

TO ALL PERSONNEL, Crab Orchard NWR, Carterville, IL DATE: March 21, 1984 \ FROM : Project Manager, Crib Orchard NWR, Carterville, IL

SUBJECT: Law Enforcement Procedures

Effective this date, the following law enforcement procedures will apply. A. SERIOUS VIOLATIONS (i.e. MURDER, ROBBERY, DROWNING) . . 1) The on-duty Refuge Manager (LE) will be notified; in the event no Refuge Manager (LE) is on duty, one of the listed persons will be notified in the following order: (1) LONNIE PRIEST - (2) JAMES CAMERON - (3) a REFUGE MANAGER (LE) Next the WILLIAMSON COUNTY SHERIFF'S DEPARTMENT- 997-6541. 2) In the event of a death, apparent death, or probability of a Tort Claim against the Government, the Project Manager or Assistant Proje~t Manager will be notified, in addition to the above named. 3) If two Firemen are on duty, one Fireman will immediately proceed to the scene of the incident. This Fireman will be in charge of the scene until a Refuge Manager (LE) arrives at the scene. 4) All personnel with law enforcement authority on duty at the time, will proceed to the scene. . 5) T~e first Refuge Manager (LE) to arrive on ~he scene will be in charge. I 6) In the event of a drowning, when two Firemen are on duty, one of the Firemen will prepare the rescue boat for dispatch, if ins\tructed to do so. . . B. MINOR VIOLATIONS OR INCIDENT (i.e. UNAUTHORIZED SWIMMING, CAMPING, ETC.) 1) In the event no Refuge Manager (LE) is on duty, Lonnie Priest will be notified and will make the decision on whom to contact. If Lonnie Priest is not available, James Cameron will be notified. 2) All completed Field Violation Reports, 960's and Incident Reports will be given to the Refuge Managers (LE) the same day as the incident occurs. C. INCIDENT REPORTS The individual·receiving information which requires an Incident Report to be completed, will prepare the Incident Report. If a case is turned over to a Refuge Manager (LE) for further investigative action, the Incident Report, in rough form, will be given to the Refuge Manager (LE) who will complete the Incident Report. I .i j • ..... ·:. .. _., ___ .. . ___ ,. .., ...... - . ----· UNITED STATES GOVERNMENT APPENDIX 3 Memorandum •• TO ALL PERSONNEL, Crab Orchard NWR, Carterville, IL DATE: March 21, 1984 PROM Project Manager, Crab Orchard NWR, Carterville, IL

SUBJECT: Emergency Procedures

In the event of a drowning or suspected drowning the following actions will be taken: The individual or activity (nonmally the Fire Station) will obtain all the information he can from the person reporting the incident; i.e. name of reporte~. location of drowning, name of victim, if known, etc .. The reporting person will be requested to remain at the s~ene until the USFWS personnel arrive. If a Refuge Manager (LE) is on duty, he/she will be notified. If'not, Lonnie Priest will be notified. If he is not available, James Cameron or a Refugue Manager (LE) will be notified. Next the Williamson County .Sheriff's Department will be notified and request they alert the Carterville/Cambria Rescue Unit. If two Firemen are on duty, one will hook up the rescue boat located · behind the Fire Station and load all the"equipment located on the shelf and a pack set into the work boat. The Fireman wi 11 then proceed to the scene with the boat. He will remain at the scene and talk to all • witnesses available until a Refuge Manager (LE) arrives. He will attempt to pinpoint where the victim was last seen in the water. If only one Fireman is on duty, he will hook up the rescue boat, load all the equipment from the shelf and a pack set into the work boat and drive the vehicle and boat in front or next to the Fire Station. The first ReflJge Manager (LE) to arrive at the _Fire Station will proceed to the scene wjth the vehicle and boat.

As soon as two ~eople are at the scene, normally the boat will be launched a~d the operator will proceed to the last area the victim was seen as directed by the person on the shore. He/she will drop a marker buoy at the location ·to act as a marker. The operation of the boat will circle the immediat~ vic~nity to ascertain if the victim can be v1s~lly seen. O~ce it has been established that a ~rson has probably drowned, the Cartervi11e/Cariibria Rescue units wil be contacted ar.-d·asked if they would respond With divers, Or if they recommend We COmmence dragging Operations. Then Williamson County Sheriff's Department--the Coroner will be notified. The Coroner or ambulance will not be requested to respond unless a victim · has been located and/or recovered. • l.. ..• ...... ·• .. . " .. ~ .. -. ._ - . ~ ' .

While a complete SOP cannot be written to cover all circumstances, 1n e. the ~jority of incidents, the following responsibilities will be: First person arriving at the scene will remain on the shore, talk to all witnesses, take written statements, attempt to ascertain location \.of victim, direct_boa~ operation to exact location, etc •... Second person normally will launc.h boat, look for body, drop a marker buoy and return to the shore to pick up the third person who will assist in dragging, if it is decided that dragging is necessary. Upon deciding a drowning has occurred, the Project Manager/Assistant Project Manager·will be notified. Wayne Adams 985-6554 Gerald Updike 985-4279 It must be remembered the Sheriff has the ultimate responsibility for drowning. The senior Crab Orchard law enforcement officer on the scene will take charge of the situation and direct all actions which must be; coordinated. Upon, locating or recovering a drowning victim, the Coroner and ambulance will be requested through the Williamson County Sheriff's Department.

~~ )_()~ Way~ams

\I

\ • l OPTIONAL FORM NO. 10 MAY ID62 EDITION GSA FPMR (

TO Regional Director, Twin Cities, MN (RF-2) DATE: May 17, 1985

FROM : Project Manager, Crab Orchard NWR, Carterville, IL

SUBJECT: Law Enforcement Plan oc~ (d­ The recommended changes, as requested by memo 1 s dated April 17 and ~ _s&,rres, May 1, 1985, have been included in the LE Plan. f?r?-, c(cr;? ' v 1'( The plan is ready for final approval. Please make the arrangements and forward a signed copy to this office.

Attachment

MAY 2 0. J - ---- ... ::i

Buy U.S. Savings Bonds Regt~larly on the Payroll Savings Plan &.110·1011 t u r, n (

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RF2:LH rzb•r ger:sz:S/l/85 U. S. FISH AND WILDLIFE SERVICE DIVISION OF LAW ENFORCEMENT

------...... -.-· ---·------.. REGIONAL 0 F F I C E R 0 U T I N G S L I P F:r;om: RD Regional Director DRD Deputy Regional Director SD Secty to Regional Director PAO Public Affairs Office If correspondence is to be Equal Opportunity Officer returned to originating office Law Enforcement ~/ BEFORE mailing, complete the =-~ following. AH Ass't RD--HABITAT RESOURCES RETURN TO BEFORE DAH Deputy Ass't Regional Director ------PSH Office of Program Support & Staff Svcs. MAILING TES Div. of Technical & Ecological Svcs. Energy, Minerals and Water Resource Contaminant Assessment SPECIAL INFORMATION OR ACTION. Special Studies National Wetland Inventory Permits, Licenses & Federal Projects Regional Environmental Coordinator

AF Ass't RD--FISHERY RESOURCES & FED. ASSIST. OAF Deputy Ass't Regional Director PSF Office of Program Support & Staff Svcs. SLC Sea Lamprey Control Coordinator FA Federal Aid SE Endangered Species FSl Division 1-Fisheries (MI, IN, OH. IL & Disease Lab. ) FS2 Division 2-Fisheries (MN, WI, IA, MO) EN Engineering and Energy

-AW Ass't' RD--WILDLIFE RESOURCES DAW Deputy Ass't Regional Director PSW Office of Program Support & Staff Svcs. Planning Technical Services Facilities Management Budget & Administration MB Migratory Bird Coordinator RE Realty RFl Division 1-Refuges (MN, WI, MI, OH) :2_ RF2 Division 2-Refuges (IA, MO, IL, IN) DWM DWM - Fergus Falls, MN WA Wildlife Assistance

AA Ass't RD--ADMINISTRATION BF Budget and Finance CGS Contracting and General Services PM Personnel SA Safety LI Library MR Mail Room ADP ADP Coordinator

-FS Field Solicitor

R3-186 (revised 2/85) .Jo .... OPTIONAL FORM NO. tO MAY 1062 EDITION QSA FPMR (41 CFR) 101•11,8 UNITED STATES GOVERNMENT Memorandum e TO Regional Director, Twin Cities, MN DATE: April 24~ 1985 ATTN John Ellis (RF-2)

FROM Project Manager, Crab Orchard NWR, Carterville, IL

SUBJECT: Law Enforcement

The fo 11 owing statement in regards to de a 1i ng wi.th the U. S. Attorney will be added to the proposed L.E. Plan. Please review and notify this office if it meets with approval.

Add to: VIII - A, 6 When the refuge is notified that a subject has cho)(sen to have his/her case heard before the U. S. Magistrate, the refuge officer will assure the U. S. Attorney or Assistant U. S. Attorney is briefed prior to the hear­ ing in a manner that demonstrates the professionalism of the Service and completely satisfies the need of the prosecutor.

/A)_/)~~~ ~s'·

.i fi Btty U.S. Savings Bonds Regrtlarly on the Payroll Savings Plan ,- I ...-.--· h lc ----... -• C• -> •.,.,. UNITED STATES GOVERNMENT ~I Memorandum ~ [U{tl!QY\ \n '10 : John W. E11 is, Jay Hamern i ck 5' 1985 Regional Refuge Supervisors GJhll ~~fA~ ~ : SRA John G. Mendoza L\Q ~ ttt1 . sUBJECT: Law Enforcement, CONWR £iA VYJv:U A0 ~~ &t2

On January 14, 1985, lo~ n i c ian, CONWR , sent a 1etter: ~00~Jo(p. ~ :tt Benton, Illinois, requestini ~ke, arrested on November 6, .1984. The pistol was allegedly in Blake's unlawful possession (Refuge Act) and is therefore subject to forfeiture under the Act. Even though, as of December 27, 1984, a new procedure is in effect for handling like matters, the Blake case should have been handled as follows: a case summary (letter of Transmitt~l) or a 3-30D B, with a Letter of Transmittal, should have been·written and presented to the AUSA, Benton, Illinois, with the request to initiate forfeiture action on the pistol. A request for.forfeiture is a prosecutor's decision and not a case officers; and it is inappropriate to circumvent the prosecutor's prerogative by directing a request to the U.S. Magistrate.

W~e the Solicitor's opinions on Refuge Act forfeiture reviewed befor€ the letter was sent? Were the Seizure and Forfeiture pro­ cedures outlined in 50 CFR 12 reviewed and complied with prior to sendingthe letter? Was proper court protocol followed in sending this letter directly to the U.S. Magistrate? These, and other con­ siderations, should have been entertained before initiating any forfeiture ~ction in the criminal justice system. 1n order to assure future quality control, all correspondence, including reports and the like, involving the conduct and execution of enforcing the wildlife laws on CONWR will be reviewed and approved by the SRA prior to submission. This is the usecond time-around" for quality control"'problems and the CONWR staff; therefore, until further notice, I request that you direct compliance with my request for review. Thank you .

...... -.--· ----... -· ,. -> __ ,... VNITED STATU GOVERNMENT Memorandum

'1'0 : John W. Ellis, Jay Hamernick MD: Feb. S, 1985 Regional Refuge Supervisors

~ : SRA John G. Mendoza

. MJBCT: law Enforcement, CONWR On January 14, 1985, lonnie S. Priest, Supervisory Park Tech­ nician, CONWR, sent a letter to u.s. Magistrate Kenneth Meyers, at Benton, Illinois, requesting forfeiture of a pistol in US v. Blake, arrested on November 6, .1984. The pistol was allegedly in Blake's unlawful possession (Refuge Act) and is therefore subject to forfeiture under the Act. Even though, as of December 27, 1984, a new procedure is in effect for handling like matters, the Blake case should have been handled as follows: a case summary (letter of Transmitt~l) or a 3-300 B, with a Letter of Transmittal, should have been·written and presented to the AUSA, Benton, Illinois, with the request to initiate forfeiture action on the pistol. A request for.forfeiture is a prosecutor's decision and not a case officers; and it is inappropriate to circumvent the prosecutor's prerogative by directing a request to the U.S. Magistrate. WeJe the Solicitor's opinions on Refuge Act forfeiture reviewed befo~ the letter was sent? Were the Seizure and Forfeiture pro­ cedures outlined in 50 CFR 12 reviewed and complied with prior to senaingthe letter? Was proper court protocol followed in sending this letter directly to the U.S. Magistrate? These, and other con­ siderations, should have been entertained before initiating any forfeiture ~ction in the criminal justice system. 1n order to assure future quality control, all correspondence, including reports and the like, involving the conduct and execution of enforcing the wildlife laws on CONWR will be reviewed and approved by the SRA prior to submission. This is the "second time-around" for quality control"'problems and the CONWR staff; therefore, until further notice, I request that you direct compliance with my request for review. Thank you .

..... ,: _...- ~--·...... _.(a-> ••·nA UNITED STATES GOVERNMENT Memorandum

TO • John w. Ellis, Jay HamE J~ eb. 5, 1985 Regional Refuge Superv~ ~ ROM SRA John G. Mendoza ]~ ~~-~'~WJ [;~ (1" ~ I. . I~ n · Dh U- . iUBJECT: L aw En f orcement, Co NWR V~ ~l T~ This memo provides : to follow 1 ov~ , ~M:~tt· when eng aged in the f 0 J "U- J 1 Complaint, issuing a NOV, forfeit: ae Refuge Act, corresponding wit :torney or the United States M vrr ~ t~~ ;itions for the LEMIS. 0'11~~· ~ These guidelines Sec"'-'""'."'"''''"'"'"------r·-~ ... -. ~uality product, i.e., a good arrest, a properly filled-out Complaint, a properly filled out NOV, the notification of an arrestee if seized property or wildlife forfeiture is contemplated, quality.correspon­ dence with the U.S. Maoistrate or the U.S. Attorney, and providing complete case summaries for entry into the LEMIS. In order to enthusiastically embrace these simple protocols, a new mind set must be established, i.e., one based on service, quality, and reliability of the product that is "sold" in the criminal justice marketplace. The old, calcified modus operandi is no longer valid. There has been an evolution the marketplace and our "customers," who range from the violator to the AUSA who handles our cases, have changed, which demands the making of quality cases and quality investigative reports--it's time to shuck old habits and establish a new value set, i.e., a quality product. A. ARREST l. In general, USA's do not favor arrests, because they trigger the Speedy Trial Act. Some situations are inevitable, i.e., OWl's, but the alternative is to establish a working system with the offices of the local Sheriff and States Attorney, whereby they can arrest and prosecute the OWl's, the rapists, the thieves, and the murderers that traffic on ..the refuge. ' 2. If, however, a fed~ral arrest is made, e.g., for an assault on a Federal officer, then the procedures in Attachment 1 shall be followed. Notifying the refuge manager, the local Special Agent, the U.S. Marshall, and the U.S. Attorney, triggers a support team to aid in processing the arrestee.

··-- ..,__ ..... __ _ -··-~-- -· ,.. -> ...... UNITED STATES GOVERNMENT Memorandum

TO : John w. Ellis, Jay Hamernick DATB: Feb. 5, 1985 Regional Refuge Supervisors .aou : · SRA John G. Mendoza

SUBJECT: Law Enforcement, CONWR This memo provides certain procedures for CONWR's staff to follow when engaged in the following activities: arrest, filing a Complaint, issuing a NOV, forfeiture of property and wildlife under the Refuge Act, corresponding with the offices of the United States Attorney or the United States Magistrate, and forwarding case dispositions for the LEMIS. These guidelines seek to achieve a simple purpose: a quality product, i.e., a good arrest, a properly filled-out Complaint, a properly filled out NOV, the notification of an arrestee if seized property or wildlife forfeiture is contemplated, quality.correspon­ dence with the U.S. Maoistrate or the U.S. Attorney, and providing complete case summaries for entry into the LEMIS. In order to enthusiastically embrace these simple protocols, a new mind set must be established, i.e., one based on service, quality, and reliability of the product that is "sold" in the criminal justice marketplace. The old, calcified modus operandi is no longer valid. There has been an evolution the marketplace and our "customers," who range from the violator to the AUSA who handles our cases, have changed, which demands the making of quality cases and quality investigative reports--it's time to shuck old habits and establish a new value set, i.e., a quality product. A. ARREST I. In general, USA's do not favor arrests, because they trigger the Speedy Trial Act. Some situations are inevitable, i.e., OWl's, but the alternative is to establish a working system with the offices of the local Sheriff and States Attorney, whereby they can arrest and prosecute the OWl's, the rapists, the thieves, and the murderers that traffic on ,.the refuge. ·

2. If, however, a fed~ral arrest is made, e.g., for an assault on a Federal officer, then the procedures in Attachment 1 shall be followed. Notifying the refuge manager, the local Special Agent, the U.S. Marshall, and the U.S. Attorney, triggers a support team to aid in processing the arrestee. page 2

8. COMPLAINT 1. The Federal Rules of Criminal Procedure, Rule 5, require that a Complaint be filed when a person is arrested. See Attachment 2 for an example. · 2. All Complaints written by Refuge LE officers will be reviewed by the local Special Agent and approved by Assistant United States Attorney (AUSA) in Benton, prior to filing with the Magistrate. 3. The local Special Agent, as the SRA's representative, will review the Complaint for accuracy, completeness, and quality; the AUSA's approval is required criminal justice protocol. C. NOTICE OF VIOLATIONS (NOV's) AND SEIZED PROPERTY 1. The new NOV's require that the arresting officer fill out a Probable Cause statement on those copies sent to the Central Violations Bureau (CVB). The CVB pamphlet in Attachment 3 explains the proper way of filling out the new NOV's. 2. The new NOV's also provide for notification of defendants that seized property will also be forfeited upon their forfeiture of· collateral (FOC). If a Refuge officer is contemplating the forfeiture of an item of evidence, he should familiarize himself with 1), the forfeiture provisions in the Migratory Bird Treaty Act (MBTA) and the Refuge Act; 2), 50 CFR 12, Seizure and Forfeiture Procedures (see Attachment 4); and, 3), the new Wildlife/Property Forfeiture Order in the Forfeiture of Collateral Schedule, Southern District of Illinois (see Attachment 5). The SRA will be notified of all property, under the Refuge Act, that any Refuge officer decides to make subject to forfeiture. 3. If and when a forfeiture of either property or an item of wildlife is secured, either Form 123, Transfer of Property, or Form 3-2057, Certificate of Destruction, must be filled out and filed with the case file. See Attachments 6 and 7 for samples of Forms 123 and 3-2057. For additional guidance of the disposing of forfeited pro­ perty, see 23 AM 9 and 10 (Attachment 8). 4. When Refuge cases (NOV's) have been adjudicated, the SRA will be provided a copy of each NOV, to include the Probable Cause statement, the judgment, and a Form 123 or Form 3-2057, where appro­ priate. These refuge cases will then be entered into the law Enforce­ ment Management Information System (LEMIS). Please note: since none of the 1984 CONWR cases have been entered into LEMIS, a copy of those NOV's, with statements of facts, and judgment, must be sent to the SRA office as soon as possible. ... . page 3

D. FORFEITURE Of COLLATERAL The Forfeiture of Collateral (FOC) Schedule for the Southern District of Illinois was recently expanded, updated, and approved on December 27, 1984. The Schedule provides for mandatory appearance authority, a forfeiture of property and wildlife order, and an expanded FOC for other federal wildlife offenses. 2. CONWR will continue to process NOV's for Refuge Act and MBTA offenses. CONWR will not independently issue NOV's for any of the other federal wildlife laws provided for. If any Endangered Species Act, Marine Mammal Act, Bald Eagle Act, Lacey Act, or Airborne Hunting Act offenses are uncovered on the Refuge, the local Special Agent will be consulted in order to determine whether a NOV is appro­ priate in the case. CONWR will also consult with the local Special Agent whenever a mandatory appearance is considered in a case. E. TRIALS 1. When the Refuge is notified by the CVB that certain defendants have chosen to have their cases heard by a U.S. Magistrate, the ~asee officer will prepare a case summary for the AUSA in the form of a Letter of Transmittal--see Attachment 9 for an example. A separate Letter of Transmittal will be prepared for each defendant and each case summary will be ready for presentation to the AUSA at the time of the defendant's Initial Appearance~ All Letters of Transmittal prepared by any Refuge case officer will be reviewed and approved by the SRA prior to their submission to an AUSA or States Attorney. 2. Additionally, a 3-300 B and a Letter of Transmittal will be written by the Refuge case officer for all mandatory appearances, arrests, and major cases--rape, theft, murder, drugs, etc •• All 3-300 B's will be reviewed and approved by the SRA prior to their .submission to an AUSA or a States Attorney. F. CORRESPONDENCE FOR THE USA AND USM 1. Until further notice, all correspondence written to either the USA or the u.s. Magistrate (USM}, concerning the conduct and execution of enforcing the federal wildlife laws on CONWR, will be reviewed and approved by the SRA prior to its submission. This procedure is necessary~both to avoid past breaches in protocol and to insure a quality product.

In sunrnary, the purpose of the above .procedures is to estab 1ish a new value set, i.e., a quality product, even to the point of overkill. In selling a quality product in the criminal justice marketplace, we will hopefully earn profits in increased respect­ ability, equal time, vigorous prosecution, and increased fines-­ all which will make the LE effort, not only on the Refuge, but also throughout Southern Illinois, more effective and efficient...... page 4

ATTACHMENTS 1. Procedures in Arrest Situations. 2. Complaint sample. 3. CVB Training pamphlet. 4. 50 CFR 12. ·· 5. Wildlife/Property Forfeiture Order. 6. Form 123, Transfer Order Surplus Personal Property. 7. Fotm 3-2057, Certicate of Destruction. 8. 23 AM 9 and 10, Property. 9. letter of Transmittal and case summary sample. OPTIONAL I'ORM NO. 10 MAY lilA EDITION GSA P'PMR (41 CP'R) 101•11.1 UNITED STATES GOVERNMENT Memorandum

TO : John W. Ellis, Jay Hamernick DATE: Feb. 5, 1985 Regional Refuge Supervisors

PROM SRA John G. Mendoza

SUBJECT: Law Enforcement, CONWR On January 14, 1985, Lonnie S. Priest, Supervisory Park Tech­ nician, CONWR, sent a letter to U.S. Magistrate Kenneth Meyers, at Benton, Illinois, requesting forfeiture of a pistol in us v. Blake, arrested on November 6, 1984.

The pistol was allegedly in Blake 1 s unlawful possession (Refuge Act) and is therefore subject to forfeiture under the Act. Even though, as of December 27, 1984, a new procedure is in effect for handling like matters, the Blake case should have been handled as follows: a case summary (Letter of Transmittal) or a 3-300 B, with a Letter of Transmittal, should have been written and presented to the AUSA, Benton, Illinois, with the request to initiate forfeiture action on the pistol.

A request for forfeiture is a prosecutor 1 S decision and not a case officers; and it is inappropriate to circumvent the prosecutor 1 S prerogative by directing a request to the U.S. Magistrate.

Were the Solicitor 1 s opinions on Refuge Act forfeiture reviewed before the letter was sent? Were the Seizure and Forfeiture pro­ cedure~outlined in 50 CFR 12 reviewed and complied with prior to sending he letter? Was proper court protocol followed in sending this le ter directly to the U.S. Magistrate? These, and other con­ siderations, should have been entertained before initiating any forfeiture action in the criminal justice system. In order to assure future quality control, all correspondence, including reports and the like, involving the conduct and execution of enforcing the wildlife laws on CONWR will be reviewed and approved by the SRA prior to submission. This is the 11 Second time-around 11 for quality control problems and the CONWR staff; therefore, until further notice, I request that you direct compliance with my request for review. Thank you.

Buy U.S. Savings Bonds Regularly on the Payroll Savings Plan 5010·108