It is the objective of the EPOA
To bring together all Massachusetts Environmental Police Officers in an association for their mutual aid and protection, advantage and betterment, having as its primary purpose the improvement of salaries, hours of work and other conditions of employment, and this by collective bargaining and other protected concerted activities.
To represent all Environmental Police Officer employees of the Division of Law Enforcement who are or may be included in Collective Bargaining Unit 5 by the State Labor Relations Commission as their exclusive bargaining agent with respect to salaries, hours of work and other conditions of employment, and to participate in negotiating collective bargaining agreements with the Commonwealth of Massachusetts.
To support and promote legislation favorable to, and to oppose legislation detrimental to the salaries, hours of work, benefits, or other conditions of employment of its members.
To engage, generally, in such other activities as are consistent with the principles of fellowship and brotherhood and the promotion of the economic, civic, social standing and welfare of such Division of Law Enforcement employees of the Commonwealth of Massachusetts, and to shield from injustice individual employees who may be the victims of imprudent authority, and to help all where help is most needed.
ENVIRONMENTAL LAW ENFORCEMENT
BACKGROUND
Since 1919, environmental law enforcement in Massachusetts has evolved from a system of independent environmental agencies with autonomous enforcement units to the present system of a single, unified agency charged to enforce all environmental statutes and regulations. Today, the Division of Environmental Law Enforcement, under Chapter 21, Section 6A directs all inspections, claims, and investigations for all agencies within the Executive Office of Environmental Affairs. The present Division is the only statewide enforcement agency with primary responsibility to patrol rural woodlands, waterways and coastal territorial waters.
Division officers are environmentally motivated, hired from a specialized Civil Service exam, and receive at least 5 weeks of additional training beyond a normal 20 week police academy. Operating primarily from their homes, officers patrol an average of 100 square miles and become integral parts of the communities they serve. This structure has been adopted nationwide and has proven to be most effective.
STATUTORY OBLIGATIONS
Marine Fisheries (Chapter 130)
DLE officers patrol 1,200 miles of coastline monitoring the activities of 6,300 commercial and 598,000 recreation fisherwo/men. Twenty-five thousand acres of shellfish beds are patrolled to ensure contaminated shellfish are not harvested and sold to the public.
An offshore program consists of eighteen officers assigned to the two patrol vessels. These vessels are normally manned 24 hours per day 365 days per year and are responsible for all environmental enforcement out to the Massachusetts territorial limits.
Boating and Recreational Vehicle Safety (Chapter 90B)
This program is monitored by a seven member Advisory Board appointed by the Governor.
DLE officers monitor 1.8 million boaters on 978 public ponds and lakes, & major river systems and all coastal waters to prevent accidents and fatalities. Officers oversee 78,000 users of all-terrain vehicles, trailbikes and snowmobiles. The Division also rules on the appropriateness of boating by laws and ordinances submitted from cities and towns.
The boating responsibilities of DLE are obligated by a memorandum of understanding between DLE and the U.S. Coast Guard with 50% matching funds provided under federal public law 92-75.
DLE also has the responsibility to comply with the Federal boat numbering system; it numbers, and tracks 180,000 boats and 20,000 recreational vehicles. A new motorboat titling system, implemented in May 1990, will eventually track 135,000 boat titles. There are 5 registration offices statewide. These programs provide $2.9 million in revenue.
DLE provides nationally approved boating safety education courses throughout the state utilizing Environmental Police officers. This program is supported and augmented by the Federal Boat Safety Act of 1971 (Wallop-Breaux Funds) with state matching funds. The funding provides for cooperative educational programs with the U.S. Coast Guard Auxiliary and the U.S. Power Squadron. The Boating Safety Bureau issues certificates to 1,500 students annually and provides safety certificates to certain minors as required by regulation. The Bureau can also offer a statewide educational program for recreational vehicle users.
Fisheries and Wildlife (Chanter 131)
DLE officers monitor the activities of 689,000 hunters and fisherwo/men on 750,000 acres of protected public land. Sporting licenses will contribute 10% of DLE's FY91 budget.
Hazardous and Solid Waste (Chanter 21)
Environmental Police Officers are assigned to the Attorney General's office to investigate hazardous waste violations as part of the Environmental Strike Force. Additionally, Environmental Police Officers patrol all woodlands and waterways to prevent dumping of solid waste.
Marine Theft
DLE has 8 positions that were created to deter theft of marine vessels. The National Crime Information Center (NCIC) currently lists over 28,000 missing boats, and national statistics show a 20% annual increase in boat theft.
This unit also works with the Department of Revenue to recover a projected $2-5 million in sales tax. The nine positions are currently vacant due to lack of funding. The unit was temporarily activated for 30 days in October 1990 and documented 2,000 boats for DOR which is expected to produce over $500,000 in new revenue.
STAFFING
DLE functions as an essential component of the management agencies within Executive Office of Environmental Affairs. The management objectives of these agencies cannot be realized without a dedicated Enforcement unit.
DLE has 178 state and federal employees when at full strength, as indicated below:
At full strength, 123 employees have full enforcement authority statewide. Of these, 100 are field officers who are radio dispatched, uniformed and assigned a cruiser and specific geographical area. Officers work four days on and two days off at varying hours based on seasonal demands. Officers are not replaced by other shifts as in other police agencies.
The Massachusetts Division of Environmental Law Enforcement enforces environmental laws ranging from hunting, fishing, and trapping regulations to hazardous waste and wetland protection statutes. Natural resource preservation is a key to a safe and healthy environment--one we can all appreciate.
Environmental Police Officers make sure that the laws governing wildlife protection, commercial and recreational fishing, and the use of all-terrain vehicles and boats are adhered to throughout the state. The Commonwealth's environmental laws and regulations issued by the state's Division of Fisheries & Wildlife, Marine Fisheries, and Environmental Law Enforcement are enforced by the Massachusetts Environmental Police, with an aim toward preserving our natural heritage for residents, visitors, and future generations.
In addition to its enforcement duties, the Division is responsible for the registration of motor boats and all-terrain vehicles, as well as the education of constituents such as boaters and hunters.
Coastal Enforcement Bureau
Massachusetts' coastal communities are divided into six enforcement regions encompassing approximately 1500 square miles. Coastal officers monitor fishing and other activities both on land and within three miles of shore, an area that adds an additional 2500 square miles of territorial waters to the Environmental Police's jurisdiction. Officers patrol the coastal waters in boats, often conducting investigations of illegal fishing practices, marine theft cases, and checking boat registrations and other matters. The coastal force also mediates disputes between competing fishing interests--draggers, gillnetters, lobstermen, and recreational anglers to name a few. In addition, the coastal officers closely monitor fish markets, processing facilities, shellfish diggers, and the use of recreational vehicles on beaches.
Inland Enforcement Bureau
Environmental Police Officers who work in the seven inland regions are likewise responsible for enforcing a wide variety of laws and regulations. Enforcement of the statutes regarding hunting, tubing, trapping, boating, and all-terrain vehicles take up much of the officer's work day. The inland officer also investigates cases of illegal wants disposal, wetlands violations, and assists local and state police in search and rescue efforts. Personnel patrol in cruisers, four wheel drive vehicles, boats, off-road vehicles, on foot, and even in airplanes and helicopters when necessary. Inland officers pay particular attention to state forests, parks, wildlife management areas, boat access sites and heavily used public waterways such as major rivers and great ponds.
Marine Theft Bureau
The Marine Theft Bureau was established by the Division to combat intensifying theft problems involving vessels, motors, electronic devices, and other marine accessories. The Bureau works closely with the U.S. Coast Guard, state and local police, harbor masters, and insurance agencies to prosecute criminals and uncover stolen marine equipment. Marine Theft personnel also investigate registration and title records in cooperation with the Massachusetts Department of Revenue to enforce the state's sales tax regulations. Over one million dollars was generated for the Commonwealth in this manner during the last year alone.
Hazardous Waste Bureau
The Hazardous Waste Bureau is part of a unique inter-agency investigative organization called the "Environmental Strike Force." Under the direction of the Attorney General and the Secretary of Environmental Affairs, the strike Force combines, the prosecutory expertise of the Attorney General's Office with the scientific and investigatory skills of the Department of Environmental Protection and the Environmental Police. Six EPOs are assigned to the Strike Force, which investigate, and prosecutes environmental crimes that have serious public health consequences-- cases involving illegal hazardous and solid waste disposal, water pollution, air quality violations, illegal pesticide application, and violations of wetland protection statutes.
Hunter Education and Boating Safety Bureaus
Environmental Police Officers meet hunters, trappers, boaters, and recreational vehicle users every day in the field. The Division has therefore established free programs to educate these constituent, regarding safety and legal requirements.
The Hunter Education Program is designed to teach both basic safety requirements for the first time hunter or trapper and advanced instruction for the more experienced sportsman. The Bureau offers courses on Basic Hunter Education, Bowhunting Education, Nuzzle Loading Education, Trapper Education, Waterfowl Identification, and Map, Compass & Survival. Environmental Police Officers and over 500 certified Volunteer instructors teach the courses to an average of 3,500 students each year.
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The Bureau of Boating and Recreational Vehicles sponsors boating and recreational vehicle safety courses in Massachusetts. The Bureau coordinates boating safety programs with the U.S. Coast Guard Auxiliary and Power Squadron, who also conduct boat safety classes. Topics discussed include safety, rules of the waterways, aids to navigation, and legal requirements for boaters. Recreational vehicle safety, including the use of snowmobiles, is taught to both schoolchildren and all-terrain vehicle dealers. Each year more than 1500 people receive instruction in the proper use of recreational vehicles and over 1300 people attend boater safety courses.
Registration & Titling
The Division's Registration and Titling Section is responsible for the registration at approximately 200,000 motorboats and over 25,000 recreational vehicles in Massachusetts. The Section is also accountable for the titling of boats, which is mandatory for all vessels 14 feet or greater in length that are designed for use with a motor, including square-back canoes, some sailboats and other watercraft. The Section encourages registration by mail and has four regional offices in addition to the Boston Headquarters to better serve the public.
CONCLUSION
DLE services play a critical role in the Secretariat. The division is the sole remaining law enforcement unit capable of providing investigative and prosecutorial services. The division has an interdependent relationship with Marine fisheries, Fisheries and Wildlife, and Parks and Recreation in DEM. The division has a significant role in wetlands, as well as hazardous and solid waste enforcement. Division services are essential to the success of the recently passed Endangered Species bill and are necessary for protection of thousands of acres of preserved open space.
DLE has a strong constituency from boaters, sportsman, commercial fishermen, harbormasters and shellfish constables. It has a statutory obligation to provide services that protect public health and safety as well as to provide a visible deterrence crucial to commercial fishermen and sportsmen. | |||||
