"Division of Law Enforcement"
Department of Fisheries, Wildlife and Environmental Law Enforcement
Pursuant to a state reorganization in 1919 by the Governor Calvin Coolidge, the Department of Conservation was first established and consisted of the Division of Forestry, the Division of Fisheries and Game, and the Division of Animal Industry. All Divisions under the administration of a Director (Chapter 350 of the Acts of 1919). Section 41 of Chapter 350 established a Commissioner of the Department as the executive and administrative head charged with "the enforcement of all laws which it is the duty of the department to administer and enforce." In 1929 a Bureau of Marine Fisheries was established within the Division of Fisheries and Game (Chapter 372 of the Acts of 1929). Section 4 of Chapter 373 authorized the Director of the Division of Fisheries and Game, the Supervisor of the Bureau of Marine Fisheries, and their respective conservation officers, wardens and deputies, to "exercise throughout the Commonwealth, for the enforcement of the laws relating to fish, birds, mammals, game, and dogs, all the powers of police officers and constables, except the service of civil process." Chapter 320 of the Acts of 1933 changed the name of this Division to the Division of Game and Inland Fisheries.
In 1939, a Special Commission was appointed to investigate and study marine fishery laws. The Commission recommended in its final report that the "Bureau of Marine Fisheries should be separated entirely from the Division of Game and Inland Fisheries" (H. 2020, 26, 1939). Chapter 598 also established the Bureau of Law Enforcement within the Division of Marine Fisheries under the purview of a chief Coastal Warden. Section 5 of Chapter 598 provided that the "Director, Coastal Wardens, Deputy Coastal Warden, Fish Inspectors and members of the state police shall enforce the laws relating to fish". Section 3 of Chapter 598 of the Acts of 1941 also created the Bureau of Law Enforcement within the Division of Game and Inland Fisheries under the purview of a Chief Conservation Officer to be appointed by the Director of that Division. This Bureau of Law Enforcement was charged to enforce inland fish and game laws. Thus, the passage of this Act created two distinct enforcement units within the Department of Conservation; Coastal Warden of the Division of Marine Fisheries charged to enforce only inland fish and game laws. There were no other enforcement units within the Department of Conservation at this time.
In 1947 a Special Commission was appointed to investigate the organization and administration of the Department of Conservation. The final report of the Commission recommended that:
The Commission recommends that a separate Division of Law Enforcement be established to increase efficiency and utilize its personnel on a year round basis. Centralizing responsibility for obedience to the Department laws and rules and regulations under one head. Authority is now divided among Commissioner Sloper, Director Power, Acting Director Kitson, and Chief Walker, all of whom do issue instruction under certain conditions. At present, the powers of the Conservation officers are limited - they may not enforce the laws pertaining to marine fish and fisheries; and in turn, the marine wardens may not enforce the laws pertaining to game and inland fisheries. It is the recommendation of this Commission that Conservation officers in the new Division of Law Enforcement be empowered to enforce all laws and rules and regulation in the Department of Natural Resources. (H. 1999, 25, 1947).
Based on the recommendation of the Special Commission contained in the final report, the Legislature reorganized the Department of Conservation. Chapter 651 of the Acts of 1948 created within the Department and Divisions of Forestry, Marine Fisheries, Parks and Recreation, Fisheries and Game, and for the first time, a Division of Law Enforcement. Section 5 of Chapter 651 provided that:
The Director of the Division of Law Enforcement shall, under the control of the Commissioner, have charge of, the enforcement of all laws relative to the Department, including all laws relative to fish and game, and except as otherwise provided by law, shall under the control of the Commissioner, have charge of the administration and enforcement of all laws which it is the duty of the Department to administer and enforce, and shall direct all inspections, claims, and investigations.
Therefore, beginning in 1948, the Department of Conservation had a Division of Law Enforcement charged to enforce the statutes and regulations of the Department and its Divisions including the Division of Forestry and the Division of Parks and Recreation.
The Department saw another reorganization in 1953. Chapter 631 of the Acts of 1953 changed the name of the Department of Conservation to the Department of Natural Resources and combined the Division of Forestry and the Division of Parks and Recreation into one Division of Forest and Parks. Section 4 of Chapter 631 codified at G.L. Chapter 21, sec 4 provides:
The Division of Forest and Parks shall be under the administrative supervision of a Director, who shall be called the Director of Forest and Parks. The Division of Forest and Parks shall administer all general and special laws now administered by the Director of the Division of Forestry and by the Director of the Division of Parks and Recreation.
Section 4A of Chapter 631 codified at G.L. Chapter 21, sec 4A, provides in relevant part:
Forest Supervisors, Park Superintendents and Laborers employed by the Division, while employed in state forests, forest parks, state parks or reservations, including roads and highways, shall within the limits of said forests, parks or reservation, except service of civil process, if so authorized in writing by the Director. The enforcement officers of the Division of Law Enforcement of the department shall, within the limits of such forests, parks or reservations, including road and highways, except great ponds, have and exercise all the powers and duties of constables and of police officers except service of civil process.
Section 6A of Chapter 631 codified at G.L. Chapter 21, sec 6A, provides in relevant part:
It shall be the duty of the law enforcement and its officers to enforce all penal laws which it is the duty of the department to enforce, provisions of the general laws or any special laws to the contrary notwithstanding, including the laws relating to fish, birds, mammals, dogs, and fires, and all rules and regulations made under authority thereof.
Chapter 631 of the Acts of 1953 also provided among other things that the Division of Law Enforcement direct all inspections, claims and investigations (sec 6A); made provisions for badges and uniforms to be worn only by Division Officers (sec 6C); established the authority to pass over private property for enforcement purposes (sec 6D); and authority for the appointment of deputies (sec 6)
Chapter 524, Acts of 1964 saw the Division of Law Enforcement once again internally reorganized, in that the Division combined the Coastal Warden Force (Chapter 130 marine enforcement) and the Conservation Officer Force (Chapter 131 inland enforcement) into one unit within the division and changed their respective title from either "Coastal Warden" and Conservation Officer: to Natural Resource Officer. In addition, the Chief Marine Officer became an Assistant Director and the Chief Inland Officer became an Assistant Director, also at this time, all food inspectors who were in the Division were transferred to the Department of Public Health. At this time, Natural Resource Officers then enforced both Inland Fish & Game Law (Chapter 131) and Marine Fisheries Law (Chapter 130).
In 1975 the Executive Office of Environmental Affairs experienced a reorganization. Preceding the legislation implementing the reorganization, a special report was filed by the Secretary of the Executive Office relative to the reorganization. Regarding the Division of Forests and Parks, the Secretary wrote:
A Division of Forests and Parks would perform the primary management and custodial responsibilities for the Department of Environmental Management. In areas such as Forest Management and Resource Protection, it would provide technical services and program supervision of the Commonwealth as a whole, the properties managed by this Division would be primarily natural in character and of a forest, park or reservation type.
Recreational uses would be permitted but normally only those enjoyed in a quiet natural setting. It would normally review all proposals of this type submitted by Conservation Commissions under the self-help program. In the latter instance, all programs relating to the control of non-agricultural insect, pests, noxious and aquatic weeds would be consolidated within this agency, including the administration of mosquito and greenhead fly control districts now the responsibility of the State Reclamation Board, and the aquatic weed control program of the Department of Public Health. (H. 5366, 25-26, 1975.)
Regarding the Division of Law Enforcement, the Secretary wrote:
In order to achieve consistency in Law enforcement, it is further recommended that the uniformed officers of the Division be transferred to the Division of Law Enforcement in the Secretary's office and become a special unit of a state-wide complement of enforcement manpower. They should be empowered to enforce all laws of the Commonwealth and receive requisite training and compensation for such duties. In this fashion, the uniformed officers could be fully interchangeable and thus facilitate the assignment of the manpower required to service all units of the Executive Office of Environmental Affairs. (H. 5366, 43, 1975).
Thus, the Division of Law Enforcement was elevated to the secretariat by operation of Chapter 706 of the Acts of 1975. Section 51 of Chapter 705 provided:
It shall be the duty of the Division of Law Enforcement to enforce all penal laws which it is the duty of any agency within the executive office of environmental affairs to enforce, provisions of the general laws or any special laws to the contrary notwithstanding.
Despite the transfer in 1981 of the Division of Law Enforcement from the Executive Office of Environmental Affairs back to the Department of Fisheries, Wildlife and Recreational Vehicles by operation of Chapter 760 of the Acts of 1981, St. 1975, Chapter 706, sec 51 was not repealed and remains as the legislative mandate of the Division: to enforce all penal laws which are administered and enforced by all agencies of the Executive Office of Environmental Affairs, including Hazardous Waste and Water Pollution Statutes.
The legislative history of environmental law enforcement in the Commonwealth clearly shows that beginning in 1919 the origin of independent agencies with their own autonomous enforcement units slowly and gradually evolved to the present system of a single unified agency charged to enforce all environmental statutes and regulations of the Commonwealth. The legislative history shows the administrative problems and legislative concerns with the earlier form of environmental law enforcement categorized by inconsistency of application, gaps in authority, duplication and overlap of effort and lack of uniformity. The well established legislative history shows a clear intent to develop a uniformed, professionally trained, statewide complement of full-time environmental enforcement officers used in an interchangeable manner to service all of the enforcement needs of agencies within the Executive Office of Environmental Affairs. The specific statutory authority of the Division of Law Enforcement and the interpretation of that authority by the Attorney General further testifies to the enforcement unit of the Executive Office.
In 1985 Chapter 231 further consolidation occurred. The Division was once again reorganized by combining the duties of the Division of marine & Recreational Vehicles and the Division of Law Enforcement. This doubled the size of the Division, eliminated duplication of effort, and created a Hazardous Waste Investigation Unit.
In 2003 the passage of the Fiscal 2004 budget elevated the Division of Environmental Law Enforcement back to the Secretariat of the Executive Office of Environmental Affairs. This transfer should allow the Division of Environmental Law Enforcement to accomplish its mission and facilitate the assignment of the required manpower to service all units of the Executive Office of Environmental Affairs.
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