Sunday, November 28, 2010

Interesting history of the Northeast Conservation Law Enforcement Compact

Recently, through phone interviews with retired chiefs and colonels from various conservation law enforcement agencies in the northeast, I have learned how the Northeast Conservation law Enforcement Compact was received when introduced in state legislatures upon its completion in 1991.

New Hampshire, Connecticut and Pennsylvania reacted quickly by introducing the Compact in the legislature and passing it into law shortly after its completion. Other states however didn't view the Compact as favorably. In Massachusetts, the Compact was introduced in 1991 and 1992, and was rejected both times. In Rhode Island, the legislature decided they would only consider passing the Compact into law if the states contiguous to Rhode Island (Connecticut and Massachusetts) also passed the Compact into law. Since Massachusetts denied the Compact, the Rhode Island legislature has stood firm in not passing the Compact. In Maine, the Bureau of Warden Service decided to wait and see how many other states would introduce the Compact in the legislature before acting. Since the Compact was only passed by three states in 1991, and still remains unpassed in all other states, Maine has never attempted to introduce the Compact in the legislature.

Various reasons exist as to why the Compact has remained unpassed in the remaining 8 northeastern states that helped draft the Compact. Pressure from sportsmen's groups, as well as political figures, may have hindered the success of the Compact. I am currently researching the legislative history of the Compact when it was introduced as a bill in state legislatures. Some states don't retain legislative history as far back as 1991, which has complicated my search. I am waiting to hear back from New York, New Jersey and Delaware, and will post new information once I have it.

Sunday, November 14, 2010

Vermont reciprocal assistance statute

After listening to cassette tapes received from the Vermont Legislative Council dating back to 1991 when bill H.0759 was introduced, I learned why state conservation law enforcement agencies felt the need to enact reciprocal assistance statute.
Bill H.0759 was drafted as a result of the Northeast Conservation Law Enforcement Compact (NECLEC) created in 1991 by the North East Conservation Law Enforcement Chief's Association (NECLECA). NECLECA is an association of conservation law enforcement agency chiefs from Maine to West Virginia. In the late 1980's and early 1990's, NECLECA decided establishing guidelines for allowing state conservation officers to work undercover in other states would be more effective for apprehending violators as they wouldn't be recognized. Thusly, the NECLEC was written by the NECLECA, which allowed for joint enforcement operations between state conservation law enforcement agencies. Such joint enforcement agreements were recognized as especially valuable in shutting down commercial poaching operations.
Bill H.0759 was passed into law as 10 VSA Section 4199 Reciprocal assistance agreements. The statute allows for Vermont game wardens to work in another state, and for officers from other states to work in Vermont. It is interesting to note that Vermont chose not to enact the NECLEC into statute, and instead created its own guidelines for entering into reciprocal assistance agreements. Vermont is currently utilizing 10 VSA section 4199 for joint enforcement operations.

Monday, November 8, 2010

A project

This blog is an account of research completed in analyzing the current status of memorandums of understanding between conservation law enforcement agencies of the Northeastern United States.
The need for further analysis of memorandums of understanding (MOU’s) and their existence between conservation law enforcement agencies of multiple states and the federal government is a recognized challenge. The sharing of officers across borders presents both logistical and legal challenges, and leaves room for loopholes in joint conservation enforcement efforts. In this project, various MOU’s are analyzed, specifically regarding statutory backing or lack thereof, liability issues, funding, shared authority, training, and other problems concerning multi-agency agreements.
This project is to be submitted to Husson University in the spring of 2011 as the research component to the M.S. Criminal Justice Administration program. As a fourth year undergraduate student of B.S. Conservation Law Enforcement at Unity College, am I participating in a 4+1 graduate program partnership between Unity College and Husson University. The 4+1 partnership allows for the completion of graduate level work during the fourth year of the B.S. Conservation Law Enforcement program at Unity College. An additional year of study at Husson University after graduating from Unity College will result in the completion of the M.S. Criminal Justice Administration degree.
As the project unfolds, I will post my results on this blog. Any suggestions for improvement are welcome and encouraged.