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California's
Game Wardens: The Law of The Land
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
California'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.
They patrol rural areas where there is little or no other law enforcement presence,
patrolling 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:
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provide for the beneficial use and enjoyment of wildlife by all citizens of the state
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perpetuate all species of wildlife for their intrinsic and ecological values, as well as for their direct benefits to all
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provide for aesthetic, educational, and non appropriative uses of various wildlife species
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maintain diversified recreational uses of wildlife, including the sport of hunting and fishing
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provide a quality outdoor experience
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provide for economic contributions by recognizing that wildlife is a renewable resource
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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.
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Most citizen contacts and suspects armed with weapons
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Numerous firearms - inspect and seize more guns than any other agency
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Work alone - no partners
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Uncontrolled environments with little or no backup
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Routine dead zones in radio dispatch and cell-phone service
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Long hours and night patrol when criminals are most active in the field
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Hazardous material sampling for water pollution cases
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High exposure to sunlight - skin cancer amongst wardens is common
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Traverse uneven ground on foot through mud, water, rocks, mountains, desert sands, cliffs, heavy vegetation
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Difficulty in pinpointing location for backup (rural roads, no sign, no markers)
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Criminals with rifles - bullet resistant vests do not stop bullets from rifles
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Criminals proficient with rifles and shotguns
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Routine work outdoors in adverse weather conditions
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Domestic and wild animal bites, clawing, scratching and exposure to zoonotic diseases
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Boarding vessels on open ocean waters multiple times daily
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Only law enforcement for miles in some areas
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Extended surveillances
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Crossing fences on foot, mostly barbed wire
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Encounters with rattlesnakes
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Surveillances and patrol through poison oak
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Falls from cliffs
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Lying in adverse topography for hours - mud, detritus, rock outcroppings, brush, etc.
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Heavy exposure to mosquitoes and West Nile Virus
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Discover and recover many disguised and concealed weapons
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Wearing cumbersome waders or other specialized protective clothing
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Use of specialized vehicles and boats, associated hazards
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Only back up for marine patrol - US military
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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:
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:
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Unequal pay compared with other state law enforcement
positions. When compared with local law enforcement, these pay scales
are even lower.
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Field level Wardens routinely handle duties that other agencies assign to higher level detectives and investigators.
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Wardens have high visibility and therefore responsibility within communities as a Department of Fish and Game representative.
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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.
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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.
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Per capita, Game Wardens face greater danger and likelihood of being seriously injured or killed than any other peace officer.
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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.
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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.
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Game Wardens frequently conduct complicated environmental investigations as well as draft environmental legal documents required for permits.
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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.
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Association
The
California Fish & Game Wardens Association (CFGWA) was
founded almost 70 years ago by Department Game Wardens
who saw the need for an employees' association. Still
going strong with over 200 members.
Please help
us to protect and preserve California's fisheries and
wildlife.
With less
than 200 Game Wardens in our state, California has the
lowest ratio of wardens per capita of all 50 states and
provinces of Canada.
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