CALIFORNIA DEPARTMENT OF FISH AND GAME

The 'California Department of Fish and Game' is one of fifteen Environment and Natural Resources Agencies in California. The California Department of Fish and Game manages California's diverse fish, wildlife, and plant resources, and the habitats upon which they depend, for their ecological values and for their use and enjoyment by the public. This includes habitat protection and maintenance in a sufficient amount and quality to ensure the survival of all species and natural communities. The department is also responsible for the diversified use of fish and wildlife including recreational, commercial, scientific and educational uses.
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Law Enforcement Division - Game Wardens'
Wardens have Statewide jurisdiction and although their primary funtion is to enforce Fish and Game code, they may be called upon to enforce any of California's laws.
Fish and Game Wardens provide the public with hunting and fishing information and protect California's diverse resources from poaching and overuse. Wardens are required to carry and use firearms; they usually work alone and on weekends and holidays; and often work during the night. Wardens patrol on foot, on horseback, by plane, boats, and in a variety of vehicles. They investigate reports of violations, collect and preserve evidence, write reports, and testify in court. Wardens are also expected to promote and coordinate hunter education programs, collect and report information on the conditions of fish and wildlife and their habitat, and represent the DFG at local schools and meetings of special interest groups, e.g., hunting and fishing clubs, Lions Club, Rotary, Audubon, etc.
Wardens have assignnments in both rural and urban areas of the State. Wardens are typically assigned to and responsible for enforcing the law in a specific geographical area of the State. They enforce all Fish and Game laws related to hunting, recreational and commercial fishing, trapping, pollution, falconry, and exotic animal laws.
California Game Wardens have been vested with a tremendous responsibility. They stand at the core of law enforcement authority for the state. Their jurisdiction and authority encompass every inch of the 159,000 square miles of land and nearly 220,000 square miles of ocean that fall under California’s law and regulation. Their authority not only includes enforcing all local and state laws, but federal law as well. As complicated and complex as Game Warden duties are, Game Wardens must also possess a tremendous amount of understanding, education, and expertise. Game Wardens are more than Calfornia’s core law enforcement, they are the state’s premiere law enforcement officers.
Not just a job, it’s a way of life
California Game Wardens have statewide authority as sworn peace officers, as defined in California Penal Code Section 830.2, to enforce all state laws and are foremost entrusted to maintain public safety. Wardens make physical arrests of criminals and take wanted persons into custody. Like all peace officers, Wardens carry and use firearms. With such broad authority, Game Wardens provide backup to all other local, state, and federal officers from all law enforcement agencies. The demands are arduous and the risks are high for Game Wardens on duty. They work alone any hour of the day or night, weekends and holidays; patrol rural areas where there is little or no other law enforcement presence; and patrol on foot, by plane, by a variety of specialized boats, specialized undercover vehicles, or by marked emergency patrol vehicles outfitted with specialized surveillance equipment and firearms. Like all law enforcement, Wardens investigate reports of violations, interview suspects and witnesses, seize evidence, write reports, collaborate with district attorneys, and testify in court. Unlike many law enforcement officials, they operate as their own crime scene investigators, carefully reading the scenes for clues, tracks, hair, blood and other evidence that will help pinpoint a perpetrator. Appointed as law enforcement officers for more than 130 years, Wardens were the first state peace officers in California, who began enforcing State laws more than 50 years before the California Highway Patrol was even established.
California Fish and Game Wardens provide regular public safety and homeland security protection for the people of California. According to Webster’s New World Dictionary, a Warden is “one who guards, or has charge of, something.” In California, Game Warden has come to mean men and women of law enforcement whose duties entail that of standard law enforcement and a great deal more.
Game Wardens patrol all of California’s 159,000 square miles. Their territory encompasses a human population of 36 million and growing; habitat and wildlife diversity that is unequaled by any other state; more than 1,100 miles of coastline; about 220,000 square miles of ocean waters; 30,000 miles of rivers and streams; 4,800 lakes and reservoirs; 80 major rivers; three of the four North American Desert Habitats; scores of high mountain peaks; and within the confines of many cities and towns, big and small. Game Wardens are responsible for protecting more than 1,000 native fish and wildlife species; more than 6,000 native plant species; and approximately 360 threatened or endangered species.
All California peace officers must meet the same standards for qualification and training. Every peace officer, regardless of their primary duties or work location within the State of California, is sworn to uphold the laws of the State of California. Further, every peace officer is expected to be able to perform all duties of a peace officer when circumstances dictate a need for enforcement action. Hiring agencies distinguish differences in duties, territories, and specialties among peace officers based upon jurisdictions. But Game Wardens, whose jurisdictions are virtually boundless, must perform a myriad of complex responsibilities in addition to the same general responsibilities that all other peace officers have within the state. Wardens may initiate enforcement action against any and all violators of local, State, and federal laws which they encounter or are reported to them in the course of their primary law enforcement duties. Wardens are also identified as primary responders for off-highway petroleum and hazardous material spills for the entire State from the borders to 200 miles into international ocean waters.
This tremendous responsibility requires an equally tremendous amount of understanding, education, and expertise. It also means that Game Wardens rarely have routine patrols.
Public Trust Doctrine:
Not just a need, it’s the law
The people of California through the Legislature asserted the belief that our natural resources have value into law. The Fish and Game Code repeatedly underscores the importance of the natural resources to Californians by declaring that the state must maintain sufficient populations of all species of wildlife and the habitat to:

★ provide for the beneficial use and enjoyment of wildlife by all citizens of the state

★ perpetuate all species of wildlife for their intrinsic and ecological values, as well as for their direct benefits to all

★ provide for aesthetic, educational, and nonappropriative uses of various wildlife species

★ maintain diversified recreational uses of wildlife, including the sport of hunting and fishing

★ provide a quality outdoor experience

★ provide for economic contributions by recognizing that wildlife is a renewable resource

★ alleviate economic losses or public health or safety problems caused by wildlife to the people of the state either individually or collectively.
The California State Legislature even declared certain species of fish, wildlife, and plants have been rendered extinct as a consequence of human activities, and that other species are at risk from destruction, adverse modification, severe curtailment, excessive exploitation, disease, predation, or other factors.
The California Legislature declared California wildlife and plant species are of ecological, educational, historical, recreational, esthetic, economic, and scientific value to the people of California, and the conservation, protection, and enhancement of these species and their habitat is of statewide concern. The Legislature gave the policy obligations to the Department of Fish and Game, and laid all of the responsibilities to ensure that the laws to meet the above goals are met upon the shoulders of the California Game Wardens.
Other duties and more
While many other law enforcement agencies departmentalize specialties like undercover work, covert operations, and drug enforcement, field Wardens do it all. They manage confidential informants, maintain secret-witness (CalTIP) operations, act as lead investigators in overt and covert operations, serve as regional intelligence officers and maintain intelligence files, write and serve search warrants, conduct crime scene investigations, and process evidence collections. They participate in drug raids of pot farms which usually include environmental crimes as well as illicit drug crimes.
From complicated commercialization of fish and wildlife crimes, to intricate environmental crime investigations, Game Wardens must apprehend violators and compile comprehensive case reports to present to district attorneys for prosecution. Trails of evidence may require securing tax documents, water samples, oil or chemical samples, specialty license records, and more. They may also be called upon to draft solid environmental documents that regulate agriculture, timber harvest or development activity in and around streams to protect the waters from destruction and degradation. These documents must be enforceable, clear, and complete.
Terrestrial wardens help monitor wildlife populations for reasonable regulation changes that may effect wildlife populations, and inspect businesses selling fish products and compliance with associated permits. Marine wardens board and inspect fishing vessels on the open ocean.
In marine pollution incidents, Game Wardens assume the role of on scene Incident Commander, jointly supervising response operations with the U.S. Coast Guard to ensure the state’s interests and resources are protected.
Authority beyond just state law
Game Warden authority extends beyond the laws of the state. Every Game Warden in California is specially appointed as a United States law enforcement officer under an agreement with the Department of the Interior, U. S. Fish and Wildlife Service. Wardens are authorized to enforce federal fish and wildlife laws in California and, by agreement, in states immediately adjacent to California. California Wardens participate in the Wildlife Violator Compact in agreement with 20 member states. Game Wardens have also been deemed, especially in other states, to be one of the most appropriate agents to call upon for homeland security because of their advanced and specialized weapons, specialized surveillance equipment, and training. Game Wardens patrol with four firearms, including two, high-capacity, .40 caliber Glock semi-auto pistols, a shotgun, and the .308 caliber, military issue, M-14 or M1-A, semi-automatic rifle. Game Wardens continually train with these weapons throughout the year, every year. Game Wardens train to proficiency in use of GPS, topographical and other maps, surveillance cameras, radio frequency scanners, video cameras, digital cameras, high-powered optics, third generation night vision optics, computer technology, and various all-terrain vehicles.
Serving public safety beyond just crimes
Increasingly, Game Wardens intercede between the public and wildlife as clashes between humans and mountain lions, bear, and coyotes continue to rise. They investigate reports of wild animal attacks upon humans, schedule community alert projects, track and capture offending predators, use crime scene investigation tactics of evidence collection, and follow up DNA analysis to determine the capture of the correct offending animal. Where and only when necessary, Game Wardens are prepared to take wildlife for the public safety.
Game Warden’s expanded knowledge of specific geographic areas within California makes their expertise valuable to emergency/disaster response planning agencies. Their skills, knowledge, and issued specialized equipment help with flood control and disaster response; wildland fire initial reconnaissance, evacuations, and disaster planning; rescues; and arrests for looting or other criminal behavior associated with disasters.
Game Wardens do not hold their knowledge, expertise and experience as proprietary. They share by teaching POST certified classes related to law enforcement and firearms to other Wardens and to law enforcement officers of all other agencies; hazardous materials response for other agencies; and law enforcement and wildlife management at junior colleges and at state universities.
Always on duty
Most Game Wardens work out of their home offices which usually make them the most accessible Fish and Game employee to a community, and are on call virtually 24/7. Game Wardens have long practiced what today is being called “Community Oriented Policing.” The result is an officer who combines government service and community presence in a good working relationship.
Increased demands mean increased qualifications
In response to the growing responsibilities and complexity of Game Warden work, educational requirements have become the most stringent of any other state, county, or city law enforcement position. Game Warden cadets must have two years of college with a major in biological sciences, law enforcement, natural resources or a related field. And, most Wardens have college degrees in fish and wildlife management or related fields which allow them to work closely with other wildlife professionals. Several hold Masters Degrees.
Unique hazards Game Wardens encounter
Game Warden territories and patrol areas come with unique hazards that most law enforcement counter parts do not face.

★ Most citizen contacts and suspects armed with weapons

★ Numerous firearms - inspect and seize more guns than any other agency

★ Work alone - no partners

★ Uncontrolled environments with little or no backup

★ Routine dead zones in radio dispatch and cell-phone service

★ Long hours and night patrol when criminals are most active in the field

★ Hazardous material sampling for water pollution cases

★ High exposure to sunlight - skin cancer amongst wardens is common

★ Traverse uneven ground on foot through mud, water, rocks, mountains, desert sands, cliffs, heavy vegetation

★ Difficulty in pinpointing location for backup (rural roads, no sign, no markers)

★ Criminals with rifles - bullet resistant vests do not stop bullets from rifles

★ Criminals proficient with rifles and shotguns

★ Routine work outdoors in adverse weather conditions

★ Domestic and wild animal bites, clawing, scratching and exposure to zoonotic diseases

★ Boarding vessels on open ocean waters multiple times daily

★ Only law enforcement for miles in some areas

★ Extended surveillances

★ Crossing fences on foot, mostly barbed wire

★ Encounters with rattlesnakes

★ Surveillances and patrol through poison oak

★ Falls from cliffs

★ Lying in adverse topography for hours - mud, detritus, rock outcroppings, brush, etc.

★ Heavy exposure to mosquitoes and West Nile Virus

★ Discover and recover many disguised and concealed weapons

★ Wearing cumbersome waders or other specialized protective clothing

★ Use of specialized vehicles and boats, associated hazards

★ Only back up for marine patrol - US military

★ Multi-crime incidents
Special risks as a community based peace officer
As visible members of their communities patrolling out of their home bases, Game Wardens have additional unique hazards.
Wardens are singled out within communities - suspects, defendants, violators tend to make an effort to know where the local Warden and their family’s residence is located. Sometimes criminals seek out, find, and contact Wardens at their personal residences.
Difficult to be anonymous, some Wardens only representative officer for entire counties
Wardens maintain “resident posts” that unfortunately leads to the public tending to knock on Wardens home door for various reasons any hour of the day or night. Wardens tend to get “caught” on days off answering questions or other duties, usually not claiming work hours - sometimes at post office, gas station, grocery store, restaurants, etc.
Patrol the most densely populated cities as well as the most remote areas of California
Wardens are a large part of the community identified as public officials held to high standards 24/7
Other factors that make Game Warden work dangerous
Even though the majority of crimes committed by poachers are misdemeanors, Fish and Game laws are some of the most dangerous laws to enforce. Some poachers are willing to kill to continue their pursuit of killing wildlife that violates only misdemeanor laws. The illicit trade in selling wildlife parts in “black markets” is second only to the illegal drug trade, involving hundreds of millions of dollars in the unlawful sale of wild animal parts.
This has led to two additional disturbing statistics:

★ Statistics show Game Wardens at much higher risk to be assaulted or killed in the line of duty more often than officers of other agencies

★ Wardens are most likely to be assaulted during their careers
Wardens patrol behind locked gates on large land holdings where there is a restriction on the access for EMS help or backup from other agencies that don’t have the same access, yet those areas must be patrolled to protect wildlife. Wardens patrol county, state, federal, and private lands.
Unsafe hunting practices put Wardens at risk. Wardens have been shot in the face and eyes with shotgun pellets in heavily hunted areas. There have been cases of citizens or suspects negligently discharging firearms of those that Wardens must inspect or seize. Working duck hunting blinds, Wardens have had cases of hearing loss and/or powder burns from shotgun blasts. Many careless hunters or poachers stick the barrel of a rifle or shotgun un-expectantly in the face of the Warden during contacts or vehicle stops. Wardens contact persons using firearms while under the influence of alcohol or other narcotics - a deadly combination routinely encountered by Wardens.
Wardens routinely trail and subdue dangerous and wounded bears and lions. These animals may be depredation animals wounded but not killed by the permit holder or public safety animals where humans have altered the animal’s natural behavior, creating an unsafe situation that requires a final response from Game Wardens. This is a very stressful endeavor that has deadly results to the animal and sometimes humans. It has become a tragic situation that has just in the last few decades somehow become a “political” topic putting Wardens at undue risk. It is a tragic story that when a Warden that has dedicated his or her life to protect wildlife, must kill an animal that they were sworn to protect. As soon as they do what is required, they are subjected to hypocritical comments from people or the news media which blasts the Warden for “killing” the animal, not recognizing the fact the Warden has no choice because public safety dictates the action be taken. There have been too many incidents of extremists threatening to kill a named Game Warden for being the officer that killed or authorized the killing of a bear or lion. It is very difficult to quantify in words that emotional feeling a Warden must endure to perform that duty the public expects him or her to perform.
Recruitment and retention
problems continue
It is increasingly difficult to recruit and retain trained and experienced Wardens when they often work side-by-side with officers from other agencies, performing similar law enforcement duties, requiring less training and education, yet at significantly higher salaries. It is also inherently unfair to expect Wardens to live in sub-standard housing in order to live within their assigned districts while their counterparts in other agencies are provided a higher salary commensurate with the cost of living in that work area. Since 1999, the DFG has increased their recruitment efforts, made use of the internet to advertise open enrollment periods, and extended filing periods for applications in order to attract peace officer candidates. Potential candidates frequently tell recruiters that “low salary” is the reason they do not apply. Clearly, agencies with higher starting salaries and more potential for salary benefits receive a greater number of qualified applicants. Salary has become the factor in the ability of the Department of Fish and Game to maintain a qualified and skilled workforce. Without such a workforce of dedicated individuals, the very mission of the Department is endangered as well as the implementation of the public policies enacted by the State Legislature. Currently, the eligibility lists of qualified Warden Cadets are becoming exhausted. The demand for Wardens simply exceeds the supply of eligible candidates for the police academy. From 1984 until the year 2001, applications for Warden positions have dropped off 61 percent. To further complicate recruitment efforts, only 21 percent of Warden applicants were determined to be suitable for hire. Presently, up to year 2005, these figures dropped even more. Each year, only a few officers were actually hired.
Existing law requires peace officer applicants to endure a stringent pre-hiring process. The process includes a thorough background investigation, a physical examination, a psychological examination, a reading and writing examination, a criminal records check, and an educational background check to ensure the applicant has completed two years of college.
Recent research indicates there were more Wardens patrolling California in the 1950s than today. The state has not been able to fill positions vacated through attrition and retirement when coupled with budget woes. Our wildlife and natural resources suffer. Wardens in the field know of counterpart law enforcement officers in other agencies who would want to lateral over to the Game Warden force, but the cut in pay and the lower benefits are not acceptable in light of cost of living realities, the increased workload and danger they would face. The Department of Fish and Game needs to recover its Warden force numbers, and it needs the funding to do so. Legislation needs to continue to support efforts to recruit and retain wardens to increase and maintain the Warden force.
Primary factors affecting warden recruitment:

★ Pay not even with other state law enforcement officers. In comparison with local law enforcement, the pay scale falls even lower.

★ Field level Wardens routinely handle duties that other agencies assign to higher level detectives and investigators.

★ Wardens have high visibility and therefore responsibility within communities as a Department of Fish and Game representative.

★ DFG’s police academy is being used by some cadets as a vehicle to enter other law enforcement agencies because the pay is too low to keep them with DFG.

★ Duty for duty, assignment for assignment, Game Warden responsibilities, dangers, and assignments far exceed those of their counterparts in other agencies. yet Warden pay is at least 40 percent lower.

★ Per capita, Game Wardens face greater danger and likelihood of being seriously injured or killed than any other peace officer.

★ With low pay, DFG finds it exceedingly difficult to recruit the most exceptional individuals in the fields. Those who join the Warden force because of their passion and dedication to California’s fish and wildlife become disenchanted with the demands of the job and the low pay when compared to their counterparts. Finding willing participants becomes more difficult as time goes on.

★ The educational requirements include high school AND two years of college. Many wardens are encouraged to have a Bachelor of Science Degree, thus many do. Some hold Masters of Science.

★ Game Wardens frequently conduct complicated environmental investigations as well as draft environmental legal documents required for permits.

★ While they are unfunded mandates, the California State Legislature continues to introduce new laws that eventually fall to the Game Wardens to enforce. The duties expand while the pay does not.
Government Code Section 19826 requires the Department of Personnel Administration (DPA) to establish and adjust salary ranges for each classification in the State civil service based on the principle that like salaries shall be paid for comparable duties and responsibilities. However, since 1982, the gap between salaries of Game Wardens has widened until today where we now find significant differences in the salaries of peace officers from other agencies. Special salary adjustments and additional benefits have been authorized, under Government Code Section 19827 and 19827.1, for law enforcement personnel in the Department of Corrections and the California Highway Patrol, but similar adjustments have not yet been considered by the DPA for the Department of Fish and Game peace officers. The responsibility already lies with the State to remedy this inequity: like pay for like work. To remedy the situation, the State must acknowledge Game Wardens as state peace officers and provide them parity in pay with other State law enforcement officers. Parity will provide the opportunity to recruit and retain quality officers.
California’s fish, wildlife and natural resources at risk
As the population increases in California, Game Wardens are called upon to fill more public service roles which require an even greater diversity of skills and expertise. As California grows, so does its need for additional high quality officers in the field. With more people using the natural resources and fewer Game Wardens to patrol and protect, California increases the risk and likelihood that it will lose its precious wild heritage. Only through the continued support and development of the Game Warden force can we be assured of a healthy environment for future generations in California.
Marine Wardens
California Department of Fish and Game offshore patrol
efforts are accomplished by a fleet of vessels including five 54 foot catamarans, two 65 foot monohulls and a variety of smaller rigid hull inflatables (RHIs). All the large boats are equipped with twin engines capable of pushing the vessels to over 25 knots. They are equipped with sophisticated electronics for detecting vessels and communications. Each large vessel is normally staffed by four personnel. These vessels are tasked with patrolling approximately 1100 miles of coastline. State waters extend to three miles offshore, but CDFG’s patrol area extends to 200 miles because of Federal fisheries regulations that must also be enforced. This equates to a patrol responsibility of approximately 220,000 square miles; over 31,000 miles per boat.
While the primary duty of each vessel is fisheries enforcement, they have also been utilized for search and rescue, homeland defense, and support for public safety operations. After the events of September 11th, the vessels were deployed in California’s major ports to monitor activity and support the War on Terror. These patrols were conducted with United States Coast Guard and other local agencies to monitor vessel traffic and conduct vessel boardings to detect possible terrorist activity. CDFG personnel worked around the clock for several weeks after the initial attack in New York.
Working with Federal, State and local agencies, CDFG participated in the first terrorism drill on the West Coast involving a large cruise ship. Working with agents from the Federal Bureau of Investigation, USCG, and local SWAT teams, CDFG boat crews reacted to a terrorist event aboard a cruise ship targeting the West coast. The drill was successful in establishing the protocols and identifying the resources available for such a crisis. Since this first drill, CDFG vessels and crews have participated in the escort of cruise ships in various ports throughout California. CDFG vessels and crew have also worked closely with USCG vessels to assist in other projects dealing with homeland security issues.
In September of 2002, CDFG was recognized by the USCG and the US Department of Transportation for its efforts in assisting during the aftermath of 9/11. Frank Spear , the Chief of Enforcement for the vessel program accepted a newly minted “Transportation 9-11 Medal” from Secretary of Transportation Norm Mineta. The medal was meant to honor CDFG’s contribution to the protection of two of California’s busiest ports, Los Angeles and San Francisco. Working with the USCG, various CDFG vessels patrolled San Francisco Bay protecting both the San Francisco and Oakland airports, bridge abutments and conducting vessel boardings. Other crews worked in Los Angeles assisting the USCG in securing munitions ships, cargo ships, oil tankers, cruise ships, and conducted background checks on crews and passengers.
While remaining vigilant for terrorist activity remains a priority, CDFG vessels have returned to their primary mission of fisheries enforcement. However, challenges remain that have affected the patrol effort. New legislation, such as the Marine Life Protection Act (MLPA), the establishment of Marine Protected Areas (MPAs), and Federal fisheries legislation has over tasked the vessel program. Coupled with the shortage in the warden force, this has created problems for effective enforcement in the offshore environment. Vessels have been forced to remain tied to the dock because of personnel shortages. Most vessels are forced to “borrow” personnel from other districts. This, in turn, creates additional shortages. There must be a concerted effort to recruit and retain adequate personnel to staff the large patrol vessels as well as maintain coverage along our coastline. The resources must be allocated to effectively patrol our large area of responsibility. CDFG has the expertise to do this with proper support. It is critical to the protection of California’s coastline that CDFG receive assets and personnel to do the job.
Why a Special Operations Unit?
It has been estimated that annual profits from illegal
commercialization of California’s fish and wildlife is well
over one hundred million dollars. This black market is
second only to the drug trade. The individuals and
groups responsible for these resource violations cause a
much greater impact to fish and wildlife than sport
violators because of the shear volume involved.
Profits from this illegal trade would be substantially higher and negative impacts to California’s resources would be paramount if aggressive enforcement measures were not implemented.
Because of these facts a members’ request from the legislature was handed down to initiate the formation of a permanent team of wardens within the Department of Fish and Game to target illegal commercialization of wildlife.
The Special Operations Unit (SOU) of the California
Department of Fish and Game was formed for the
purpose of investigating, infiltrating and apprehending
those who steal California’s natural resources for profit.
The SOU has conducted many successful operations,
bringing to justice high profile, large scale poaching
rings operating in and around our state. These
successes have not come without intensive training,
resources, flexibility, support from the Department and
efforts from members of the unit.
The SOU focuses their efforts on priorities set by the
Department. Investigating illegal commercialization of
fish and wildlife is high priority. In addition,
investigations are directed by the Supervisor of the SOU
and those investigations focus on fragile species highly
targeted by the black market.
The duties of an SOU warden are in much contrast to a
uniformed warden. Much of the SOU’s time is spent
traveling extensively to different areas of the state
wherever commercial cases occur. The duties include
long term investigations required to successfully
apprehend and prosecute the worst of the worst abusers of California resources The current SOU has taken many steps to enhance their investigative abilities with training in a wide variety of topics. Technology has moved to the forefront of many investigations with equipment such as GPS tracking units, infrared scopes, pen register phone taps, and much more. In some cases, the use of technological equipment save many personnel hours in an investigation, however, circumstances in other cases still require time intensive moving and stationary surveillance techniques, coupled with short and long term undercover infiltration of suspects.
The SOU wardens are also members of the Western
States Wildlife Investigators (WSWI). WSWI members
are made up of Wildlife Investigators from California,
Washington, Oregon, Nevada, Montana, Colorado,
Wyoming, New Mexico and Idaho. California SOU has
always been looked upon by these other states as being
on the cutting edge in investigations and a unit to try
to emulate. Supervisors of SOU are current members of a steering committee from WSWI responsible for the creation of an eighty-hour Covert Wildlife Investigators Academy. This course was created to alleviate liability concern for the above-mentioned states Fish and Game Departments regarding putting covert officers in the field without proper training.
California SOU was selected to conduct the first
academy in 2002, held at the Presidio in San Francisco.
SOU accomplished Peace Officers Standard and Training
(POST) certification prior to the first academy held in
2002. This academy was deemed such a success the
WSWI steering committee asked California SOU
members to again sponsor the academy in 2003. This
academy was also a success and SOU has been requested to help instruct and facilitate the 2004 WSWI Covert Wildlife Investigators Academy in Colorado. All of these accomplishments were met without the use of
department funds.
With the Department in such financial dire straights,
there has never been a more appropriate time for
programs to justify their existence. Nothing justifies
the existence of a program more than being able to
produce extremely successful results. The SOU has an
exemplary track record with quantity, quality and
successful prosecutions with major commercial wildlife
cases. The SOU has a one hundred percent case
acceptance rate by the various District Attorney’s
Offices utilized throughout the state as well as a one
hundred percent conviction rate.
In a very conservative estimation of court dispositions
and resource savings from the SOU cases in the past five
years (court dispositions available to back up these
estimations), the following is true:
Over $1,000,000.00 in fines and penalties
Accumulatively over one hundred years in state prison and county jail terms
The forfeiture of over twenty vehicles and boats
Over twenty-five life time revocations of fishing licenses, and numerous one to five year fishing license revocations.
MOST IMPORTANTLY a noted drop in illegal commercialization of wildlife crimes. (Numerous observations and facts available to back this statement.)
Attached are only a few examples of substantial cases
the SOU has investigated and has had adjudicated in
court.
Hopefully these facts will assist in decisions regarding
retention of valuable, successful, result producing
programs designed to uphold and act on the
Department of Fish and Game’s purpose of existence;
protecting and preserving California’s natural resources.
CALIFORNIA DEPARTMENT OF FISH AND GAME
SPECIAL OPERATIONS UNIT
ILLEGAL COMMERCIALIZATION OF WILDLIFE CASES
DISPOSITION EXAMPLES
Operation Deep Down – Sonoma County Superior Court – 1997
Investigation into the illegal sales of large quantities of sport taken north coast abalone. Suspects were shipping abalone overseas for higher profits. Chris Doan, Jason Deip, Lou Deep all convicted of felony conspiracy to sell sport taken abalone. Sentenced to three years in state prison (suspended) served 12 months county jail. Each fined $40,000, search & seizure, 3 years probation
Operation Night Air – Sonoma County Superior Court – 1998
Investigation into the illegal take of abalone at night with scuba gear. Suspects claim to employ college students to assist in take. SOU inserted undercover officer who purchased large quantities of abalone on three occasions while confirming other illegal sales.Van Ky Do, Doanh Thi Nguyen, Nam Huu Ngo convicted of felony conspiracy to harvest and sell sport taken abalone. Sentenced to 16 months county, $20,000 fine, vehicle forfeited/60 days county, $5000 fine, S&S, /6 months county, $10,000 fine, S&S respectively.
Operation Red Hat – Sonoma County Superior Court – 1999
Large group of subjects from Oakland and San Francisco diving on the north coast on a daily basis and selling their harvest in the bay area to various businesses and individuals. Van Hy Vi, Queyen To Huen, Raymond Tich, Phuc Ky Luong, Mei Mei Huong, Hin Huong, Kong Le, Peter Gee, Randy Ou all convicted of conspiracy to harvest and sell sport taken abalone. Sentenced to 1 year county, $12,500, vehicle forfeited, S&S/120 days county, $3000/1 year county, $11,500, vehicle forfeited, S&S/1year county, $10,000,S&S/90 days county,$10,000, vehicle forfeited, S&S/6 mo.
County,$10,000, S&S/90 days county,$2,500/6 mo. County,$5,000, S&S/13 days county,$3,500 respectively.

Operation Headlands – Mendocino County Superior Court – 1999
Investigation into a large group of subjects from Sacramento diving frequently on the north coast for abalone and selling their harvest in the Sacramento area. Caught with 69 abalone in possession on the coast. Benson Le, Nghia Thi Le, Cong Van Le, Ming Van Le all convicted of conspiracy to harvest abalone for commercial purposes. 90 days county jail, vehicle forfeited, $2,500/dismissed (5150)/9 mo county,$2,500/6 mo county, $2,500 respectively.
Operation Three Muskateers – Sonoma County Superior Court – 2000
Investigation into a large group of abalone divers frequenting the north coast and selling their harvest to various businesses and individuals in the bay area.Nam Nguyen, Peter Gee, Richard Gee, Chingpin Ou, Sau Van Pham all convicted of felony conspiracy to harvest sell and purchase sport taken abalone. 3 years state prison, $15,000,license revoked for life/3 years state prison,$15,000,license revoked for life/3 years state prison,$15,000 fine, license revoked for life/16 mo county,$10,815,license revoked for life/16 mo. county,$10,815/vehicle forfeited, license revoked for life.
Operation Snailtac – Sonoma County Superior Court – 2000
An ex commercial abalone diver and board member of the Abalone Advisory Committee who betrayed his
constituents by making numerous night time trips to the north coast and illegally harvesting hundreds of abalone
with scuba gear. Roberts continued to sell the illegally taken abalone to Jimmy Fong, his old fish buyer from San Francisco who is also awaiting trial. Joel Roberts, John Funkey convicted of felony conspiracy to harvest abalone for commercial purposes. 3 years state prison,$20,000/license revoked for life/6 mo. County,$2,500, testimony against 3rd defendant, revoked for life.

Operation Seapups – Sonoma County Superior Court – 2001
A sport dive, Phil Murphy and Jimmy Fong conspire again to sell sport taken abalone. Both are arrested for felony
conspiracy to harvest abalone and sell illegally. Both convicted of charges, Murphy spends 60 days in jail, fined
$15,000, all dive gear and his truck are forfeited and he is suspended for life for sport and commercial take. Fong
sentenced to 90 days in jail, fined $20,000 and his sport and commercial license suspended for life, which results in
the close of his ‘Goldmine Seafood’ business on pier 45 in San Francisco.
Operation 2nd Time Around – Marin County Superior Court – 2001
A renewed investigation into a known suspect illegally taking and selling sport abalone. SOU inserted undercover
officer for the second time in five years and she purchased large amounts of abalone on two occasions as well as confirming other independent illegal sales. Vu Truong, Bich Chi Thi Tran, Tung Thanh Duong, Than Chi Luong all convicted of felony conspiracy to harvest and sell sport taken abalone. 1 year county, $30,000, license revoked for life, S&S/90 days jail, $15,000,vehicle forfeited/license revoked for life/40 days county,$15,000,license revoked for
life,S&S/90 days county,$15,000, vehicle forfeited, license revoked for life.
Operation Vung Tau – Santa Clara County Superior Court – 2002
A spin off case from Operation 2nd Time Around. This was a restaurant the main suspect admitted to undercover officer of selling abalone to over a period of time. SOU again inserted an undercover officer into this restaurant and sold large amounts of abalone to restaurant on three occasions. (seized abalone from other cases, no further damage to resources.) Duc Huu Huynh, Nhan Thi Huynh convicted of purchasing sport taken abalone. Owners of the Vung Tau Restaurant in San Jose. Fined a total of $96,000. Search and seizure probation terms.
Operation Poacher Valley – Mendocino County Superior
Court – 2002
Larry St. Clair arrested for illegal take of 68 abalone along the north coast with scuba gear. This activity had been ongoing and he was selling his harvest in China Town, San Francisco. St. Clair pled guilty on October 5, 2002. He was sentenced November 5, 2002 and received 365 days in jail, $15,000 fine, his Zodiac boat, trailer and dive gear forfeited to the Department and a life-time revocation of his fishing license.

Operation Kennel Wasp – Kern County Superior Court –
2003
Illegal guides and taxidermist operating in Kern County and violating numerous fish and game violations and killing many bear illegally. SOU inserted undercover officers who accompanied illegal guides and taxidermist on two occasions while bear taken out of season and at night while trespassing on private property. All done for profit. Mike Milam, Jesse Merrill, Ron Huckaby convicted of felony conspiracy to take bear out of season, after hours, illegal guiding. 60 days county,vehicle forfeited,$10,000,hunting/guide license revoked for
life/60 days county,vehicle forfeited,$10,000,hunting license revoked for life/no jail due to terminal illness.
Poaching Bears
Operation Hound Master – Kern County Superior Court – 2003
Houndsman suspected of killing numerous bear and selling bear parts. SOU inserted undercover officers who spent
numerous days and nights with suspect witnessing many Fish and Game violations and confirming information.
Lodis Williams, Ray Galindo, convicted of felony conspiracy to take bear illegally, etc. Pled guilty to all counts and
sentenced to 120 days in jail, vehicle forfeited to department, three years probation, hunting license revoked for life. An additional six defendants pled guilty to various related misdemeanor Fish and Game charges and were jailed and fined various amounts.
Operation Storm – Tulare County Superior Court – 2003
Investigation into guide taking bear illegally. SOU inserted undercover officer who witnessed illegal take of bear.
Three suspects pled guilty in Tulare County Court to illegal take of bear. Fined $1000, jail time and guide licenses revoked.
Operation Delta Beluga – Sacramento County Superior Court – 2003
Several month investigation into the illegal take and sales of sturgeon and caviar. SOU inserted undercover officer into main suspects. A large scale take down conducted where 22 suspects arrested for various charges, including felony conspiracy to buy and sell sport taken sturgeon. Connections made to Oregon and Washington suspects where SOU followed large shipments of illegal white sturgeon caviar from Sacramento Delta to Washington state. Joint investigation with Oregon, Washington and US Fish and Wildlife Service. Agent in Washington inserted into their suspects who purchased California caviar for $5000. A total of 28 defendants in entire case. Various sentences ranging from $15,000 plus penalty assessment ($45,000)120 days in jail, search and seizure, to $3000 fines and probation.
Operation Bohemian Back Roads – Sonoma County Superior
Court – 2003
Investigation into two abalone divers harvesting abalone almost daily on the north coast, failing to punch cards and selling abalone. SOU surveillance confirmed activity and discovered main buyer is associate of suspects in Operation Night Air from 1998. SOU covertly observed sale of abalone to buyer and is prepared with search warrants and takes down all three suspects. Thousands of abalone shells discovered in main divers residence and admission of on going sales for past five years. Three
vehicles seized, all three jailed. Case pending in Sonoma County.

Operation “Tales of the Fish Patrol” – Contra Costa County Superior Court – 2004
Investigation into two sturgeon fishermen harvesting white sturgeon from the Carquinez Strait and selling their
catch to two individuals from San Jose (Santa Clara County). Those individuals would in turn, re-sale the fish to individuals amongst the community of San Jose. Felony conspiracy charges against two fishermen and two brokers from San Jose to sell and purchase white sturgeon are being charged in Contra Costa County. In addition, Contra Costa County is charging the buyers in San Jose with illegal purchase of sport taken fish (7121). Five buyers pled guilty to illegal purchase of sport taken sturgeon. Fines ranged in amounts from $200 to $2000. The two fishermen pled guilty to illegal sales of sport taken fish. Both of their vessels were forfeited to the Department, one received a fine of $1000 as the other main fisherman received a fine of $6400, his fishing license suspended for three years.
Operation Chen Sac – San Francisco County – 2004
Investigation into the illegal harvest and sales of north coast red abalone. A core group of three divers from San Francisco would travel to Mendocino and Sonoma Coasts and dive for abalone. They would then sell their catch in and around the city of San Francisco for $50 each. In September four subjects were arrested and charges pending against several more. Case is pending in San Francisco.
Operation Delta Beluga II – Sacramento County – 2005
Investigation into the illegal sales of white sturgeon/caviar involving suspects from the Sacramento and San Francisco areas. Six individuals arrested. Five have pled guilty to charges and fines ranging from $800 to $8,000, probation and revoked licenses. Main suspect is scheduled for jury trial in May 2006.
Operation Deep Down II – Sonoma County – 2005
Three individuals arrested in the middle of the night on the North Coast with a load of abalone for sale in the bay
area. A two month investigation led to arrests and search warrants being served at residences. Trial pending for June in Sonoma Court.
Fish and Game Warden Pilots
Most people probably don’t know that the Department of Fish and Game has an Air Services Unit. The Fish and Game aircraft are piloted by Warden Pilots. When all the Warden Pilot positions are filled, there are eight pilots who fly and maintain seven airplanes from four bases statewide. This unit of Fish and Game wildlife protection might possibly qualify as the world’s smallest air force. The scope of the Warden Pilot’s duties is enormously varied. From piloting an airplane on law enforcement patrols over land and water, day and night, in single and multi- engine and turbine powered airplanes to aerial fish planting in high sierra lakes, to personnel transport, and all manner of scientific research the DFG pilot gets the job done.
Warden Pilots are a unique breed indeed. They must be able to wear several hats. All Warden Pilots have got to be commercial pilots, qualified to fly multi and single-engine airplanes in visual and instrument conditions. Many of the pilots hold an FAA airline transport pilot license, the most advanced type of pilot certificate available. All the Warden Pilots are experienced FAA airframe and power plant mechanics. Some pilots posses, as an additional rating, an inspection authorization on their mechanics license. The FAA requirement for obtaining a mechanic’s license, at Sacramento City college for example, includes four semesters of full time curriculum at 17 college units per semester, pass a practical test and pass the FAA written tests for aircraft airframes and aircraft power plants.
Warden pilots are required to be able to maintain their own fleet. Since much of the airborne work done is at low level, a most demanding and hazardous type of flying, Warden Pilots are all experienced in low level aviation. They must pass check flights annually on low level operations from the Federal Office of Aviation Safety, and an internal check ride by their own check pilots. Warden Pilots are experts at vertical and oblique aerial photography. They are experts at airborne radio telemetry.
As the name implies, warden pilots are also Game Wardens, all are graduates of post certified academies, and they are responsible for keeping up all the required training to maintain their status as peace officers. Warden Pilots are full peace officers and have been in existence in that role since 1950.
They fill a very critical role in policing ocean fisheries pollution, night poaching, illegal stream diversions, marijuana plantations, and oil spills.
OSPR - Oil Spill Prevention and Response
The 1989 Exxon Valdez oil spill in Alaska was a wake-up call for the United States. It clearly identified the need to develop a comprehensive oil spill prevention and response program. In no place, outside of Alaska, was that call heard louder than in California. Public concern hit a threshold, in February 1990, when the tanker vessel American Trader discharged 10,000 barrels of oil into Southern California waters, oiling an estimated 3,400 birds and forcing the closure of 25 kilometers of prime beach for five weeks. As a direct result of the public’s demand for action, the California legislature passed the Lempert-Keene-Seastrand Oil Spill Prevention and Response Act of 1990 that established the OSPR. OSPR, as a division of the CDFG, is the lead state agency charged with the mission:
“…to provide the best achievable protection to California’s natural resources by preventing, preparing for, and responding to spills of oil and other deleterious materials, and through restoring and enhancing affected resources”.
OSPR, and its mission, is unique in that it is the only state agency in the United States with combined regulatory, law enforcement, pollution response and public trust authority along the coast or within tidally influenced waters. Thus, OSPR’s dual regulatory / trustee authority assures that oil spill prevention and response to spills will safeguard wildlife and the ecosystems in which they live and restore these resources when injured by pollution incidents.
The Enforcement Program within OSPR enforces laws that prevent oil spills, dispatches personnel, and investigates spills. Fish and Game Wardens are sworn peace officers with the authority to enforce both criminal and civil statutes. Wardens conduct spill investigations and gather and prepare evidence that is essential to any court case.
During a spill response, the State On-Scene Coordinator (or Incident Commander) is usually an OSPR Warden. The OSPR Enforcement Program includes the Department’s 24-hour Communications Center, which received more than 3300 spill reports in 2004. There are approximately 30 officers (Captains, Lt’s, Wardens) assigned to the Enforcement Program in California.
Wildlife Forensics Laboratory.
To protect wildlife from abuse by poaching, California Fish and Game Wardens must be able to determine as much as possible about the sex, species, age, and origin of bloodstains, tissues and other animal parts they confiscate or find. For example, in the course of an investigation, tissue samples may be collected at the site of an illegal kill, bloodstains may be found in a vehicle, and frozen meat seized at a residence. Other examples are as widespread as is the variation in fauna throughout the State of California, from the crest of the Sierras, the Desert and to the Pacific Ocean. Such samples can provide not only investigative information, but, can also later be used as evidence in criminal trials. A critical link in the impact of this physical evidence is the amount of information that can be obtained through analyses at a Forensic Crime Lab.
The term "forensic" is most simply defined as the application of science to the purposes of the law. "Crime Labs" are laboratories which, as their primary function, conduct forensic analyses on physical evidence primarily in criminal cases and provide legally acceptable reports and expert testimony regarding their findings. For wildlife purposes, the California Department of Fish and Game (CDFG) has maintained a Wildlife Forensic Laboratory (WFL) since the early 1950's. The WFL's sole purpose and mission is to use accepted forensic science procedures to examine, analyze, report and testify at criminal trials on physical evidence seized by CDFG Wardens in criminal poaching cases. As such, the WFL is a State Crime Lab. It is the only State Wildlife Forensic Lab. This mission is mandated by the California Judicial System in order to enforce and prosecute criminal cases. During the past fifty plus years thousands of poachers have been convicted of crimes perpetrated on wildlife partially because of results provided by the WFL on evidence submitted by Fish and Game Wardens. In addition the deterrent effect on poaching just by the mere existence of the WFL is immeasurable.
The impact made by forensic analyses of physical evidence in criminal investigations and in criminal trials can hardly be overstated. As former California Attorney General and now Congressman Dan Lungren stated in a news release on January 17, 1996 in which he proposed funding for State Human Crime Lab upgrades, "I have been trying to find some silver lining to the O. J. Simpson case, it may be that millions of people now understand the importance of criminal forensics. That has not always been the case". In addition the television series CSI has added to the public awareness, even though it may not always be realistic. The statement by Lungren alludes to a fundamental ignorance by many non-law enforcement government entities and individuals of the necessity for high quality criminal forensics in California Criminal Justice. This problem manifested itself at the CDFG when, up until 1992, the WFL was under the Wildlife Management Division rather than the Wildlife Protection Division, whose needs they served. During that time, the WFL was extremely under budgeted, given very low priority for supplies, manpower, and equipment, discouraged from scientific modernization, and was consistently the first section scheduled for elimination during the Departments constant cyclic budgetary problems. Virtually all public crime labs in California are assigned directly under a law enforcement agency to minimize this type of problem. They are either under their City or County Sheriff or Police Department, the County District Attorney's Office, or in the case of the California state government human crime labs, the California Department of Justice. Accordingly, the WFL appropriately became assigned under the Wildlife Protection Division in 1993 where the unique needs of criminal forensics could be monitored and directed by the CDFG's law enforcement entity which exclusively uses these highly specialized and judicially intensely scrutinized services.

Contents

External links

External links

★ CA Department of Fish & Game home page

★ California Fish and Game Wardens Association

★ California Game Wardens Foundation