Tab I Conservation Law Enforcement.pdf

45 SW INRMP

Tab I, Conservation Law Enforcement Plan

This document is a sensitive law enforcement document. It contains material exempt from public disclosure under the Freedom of Information Act. Any requests for this document or parts of it will be processed pursuant to DoD Policy.

Purpose It is the mission of CLEP to directly support installation management and military readiness and operational activities by protecting our nation’s historic properties and archeological resources, conserving natural resources and sustaining military lands, through enforcement of applicable federal and state laws and regulations.

The Conservation Officer (CO) is responsible for enforcement of all laws and regulations protecting fish, wildlife, natural resources, and cultural resources on 45 Space Wing installations. The objective of the Conservation Law Enforcement Program (CLEP) is to enforce compliance with those state and Federal laws and regulations that relate to military lands and their natural and cultural resources. COs employ certain law enforcement actions such as warnings, citations, complaints, or arrests to comply with laws and regulations when voluntary compliance fails. Officers take appropriate action to discover and investigate violations of applicable laws and regulations.

Objectives Conservation law enforcement objectives are important for measuring enforcement program achievement in supporting the mission and conserving natural and cultural resources. An important objective of enforcement is to balance the relations between the environment and people. The following objectives of the Conservation Law Enforcement Program include:

1. Conservation Officer augmentation of Security Forces and Office of Special Investigation on matters pertaining to installation Security and protection of government property and natural resources.

2. Decreasing the number of violations and of offenders, and apprehending the latter to comply with environmental and installation laws and regulations.

3. Preventing abusive exploitation of wildlife.

4. Provide for the safety of anglers and other users of outdoor resources.

5. Preventing wildlife from becoming threatened or endangered. Support the continued existence of threatened and endangered species and their habitat.

6. Provide individuals with an equal opportunity to use natural resources, and that no one individual or group abuse this resource to the detriment of others.

7. Discouraging lawlessness, in general, by enforcement of the natural resources segment of the laws.

8. Provide education and awareness relating to natural and cultural resources and environmental awareness.

9. Protect the overall health of the environment especially from pollution and conflicts in land use.

10. Provide research and survey data to natural resources managers to monitor trends in consumptive and non-consumptive uses of natural resources.

11. Collect and track data on violations.

Jurisdiction Exclusive Jurisdiction: “Exclusive: jurisdiction occurs when the federal government has received all of the authority of the state on a certain tract of land contained within the state’s borders. With “exclusive” jurisdiction, no reservations have been made to the state, except the right to serve process papers resulting from activities that occurred off the land involved. In sum, the Federal government conducts all law enforcement activities occurring within areas of exclusive jurisdiction.

Proprietary Jurisdiction: “Proprietary” jurisdiction exists when the United States has acquired some right or title to an area within a state’s borders, but has not acquired any measure of the state’s authority over the area. In essence, the United States has rights generally equivalent to a private landowner. In these situations, state law applies within the proprietary area to the same extent that it does throughout the remainder of the state. However, under the Supremacy and Property Clauses of the United States Constitution, federal law enforcement officers may also enforce federal regulations enacted to protect these proprietary areas.

Concurrent Jurisdiction: “Concurrent” jurisdiction exists when a State has ceded land to the United States, but has reserved to itself the right to exercise its State authority. In these jurisdictions, both the state and federal governments may prosecute those who violate their laws.

CCAFS is split between Exclusive and Proprietary Jurisdiction. See attached Appendix A from AFI 32-204, 45 SW Supplement, 2003.

PAFB is Exclusive while South Housing is Proprietary. See attached Appendix B for jurisdictional division of privatized housing and government property.

Malabar Tracking Annex and JDMTA are both Proprietary.

The Florida Fish and Wildlife Conservation Commission monitors proprietary jurisdiction areas for fishing violations. Violations that occur in Exclusive Jurisdiction will be under the control of the CO. If the violation requires arrest, the CO will turn over the violator to FWCC or BCSO. See Appendix A for map delineating Proprietary jurisdiction for CCAFS.

Regulations The Sikes Act provides “all Federal laws relating to the management of natural resources on Federal lands may be enforced by the Secretary of Defense with respect to violations of the laws that occur on military installations in the United States.” Federal laws referenced in the Sikes Act include but are not limited to the following:

NATURAL RESOURCES

Animal Damage Control Act USC 426, 426b Bald Eagle Act of 1940* 6 USC 668-668d Clean Water Act of 1977 PL 95-217 Coastal Barrier Resources Act 6 USC 3501 Coastal Zone Management Act 6 USC 1451 DoD Conservation Program DoD Directive 4715.3 Endangered Species Act* 16 USC 1531 Estuary Protection Act 16 USC 1221-1226 Protection and Enhancement of Environmental Quality

Executive Order 11514

Floodplain Management Executive Order 11988 Protection of Wetlands Executive Order 11990 Federal Pesticide, Fungicide, and Rodenticide Act

7 USC 136

Federal Land Policy and Management Act of

43 USC 1701

Federal Noxious Weed Act of 1974 7 USC 2809 Fish and Wildlife Conservation Act 16 USC 2901 Fish and Wildlife Coordination Act 16 USC 661 Lacey Act of 1900* 16 USC 701, 702 Marine Mammal Protection Act of 1972 16 USC 31 Migratory Bird Conservation Act* 16 USC 715 Multiple Use Sustained Yield Act of 1960 16 USC 528 National Environmental Policy Act 42 USC 4341 Rivers and Harbors Act of 1899 33 USC 401 Sikes Act 16 USC 670e-1 Soil and Water Conservation Act 16 USC 2001

CULTURAL RESOURCES

American Indian Religious Freedom Act 1978 P.L. 95-341; 42 USC 1996 Antiquities Act of 1906 P.L. 59 209; 16 USC 431

NATURAL RESOURCES

Archeological and Historic Preservation Act 1974PL 93-291; 16 USC 469-

469c Archeological Recovery Act; 1960 PL 86-523 Archeological Resources Protection Act 1979 OK 95-96; 16 USC 470aa Curation of Federally Owned and Administered Archeological Collections

36 CFR 79

Executive Order 11593, Protection and Enhancement of the cultural Environment, 1971

16 USC 470

Federal Records Act; 1950 64 STAT.583; 44USC 21 Historic Sites Act: 1935 PL 72-292; 16 USC 461 National Historic Preservation Act 1966; as amended

PL 89-665; 16 USC 470-

470w-6

Native American Graves Protection and Repatriation Act

36 CFR Part 800

Fish & Wildlife Enforcement The CO will implement routine enforcement patrols to have all coastal areas within 45th SW boundaries checked for compliance with all applicable fish and wildlife regulations. See Tab H, Outdoor Recreation for fishing regulations.

Anyone who violates any portion of this instruction or any state or federal law or regulation concerning fishing or hunting, natural or cultural resource protection, or an act affiliated with those laws, or any act inconsistent with good safety practices, or commits any act which results in injury or damage to persons or property will have their specific privilege relating to the violation withdrawn pending a final determination of the case by the 45 SW Commander. This action is taken independently of other punitive or adverse administrative action. Any person whose privileges are suspended will not participate or sponsor another in any activity stemming from the suspension (example: if a fishing suspension was issued, the privileges related to fishing are revoked). Personnel who have had privileges suspended must make a written request to 45 SW to have their privileges reinstated. Requests should be made at the end of the suspension period.

Installation Patrol The CO assigned to CLEP for the 45 SW will patrol the 15,800 acre installation on Cape Canaveral Air Force Station, 4,000 acres on Patrick Air Force Base, 640 acres Malabar and 18.5 acres on Jonathan Dickenson Missile Tracking Station. This patrol also includes the numerous miles of coastline to accomplish the following duties:

• Maintain law and order.

• Enforce state and federal fish and wildlife laws to include cultural and historical resource laws.

• Investigate fish and wildlife violations, incidents and mishaps.

• Assist 45 SFS and Air Force Office of Special Investigations (AFOSI) as required.

When notified of a hunting or fishing accident, the CO will immediately respond to the scene. 45 SFS/Investigations will be notified and briefed. The Air Force Office of Special Investigations (AFOSI) will be contacted and briefed. If AFOSI decline to investigate, the CO will assume the investigation and complete the appropriate paperwork. Note: If the mishap involves injuries and/or damage to federal property, 45 SW Ground Safety (SEG) will be notified at 494-2202. If the incident involves a weapon and/or ordnance then also contact the 45 SW Weapons Safety Office/Range Safety at 494-2519.

Anti-poaching Operations If illegal hunting or fishing activities occur or are about to occur, the CO will implement a surveillance operation, as necessary. This includes random identification checks on perimeter roads and coastal fishing areas.

Cultural and Historical Resource Enforcement The CO will implement an enforcement plan to protect all cultural and historic resources on 45 SW property. All federal and state and local laws will be enforced. The CO will perform routine patrols to ensure protection of all cultural and historic resources. Logs will be maintained to verify date, time and location of the patrols.

The CO will issue citations (DD Form 1805 United States District Court Violation Notice) and generate Incident reports (AF Form 3545) as needed. The citation or violation notice serves to bring the violator before the court without the necessity of arresting the person and taking her/him before a U.S. Magistrate Judge.

Cooperative Support Agencies The CO will maintain a close working relationship with:

• U.S. Fish and Wildlife Service

• Florida Fish and Wildlife Commission

• NOAA National Marine Fisheries Service

• Air Force Office of Special Investigations

• 45th Security Forces Squadron

• 45th SW Legal Office

• 45th Space Wing Office of Public Affairs

• 45th Space Wing Safety

• JBOSC Security

• NASA Security

Future Conservation Law Enforcement Program Improvements to the current fish and wildlife enforcement program are planned in order to comply with the Sikes Act, DODI 4715.3 and AFI 32-7064 and improve overall fish and wildlife enforcement. The CCAFS CO is improving planning, coordination, effectiveness, and training. A fishing permit program is being evaluated at the request of Headquarters Air Force Space Command as a potential means of generating revenue to support the conservation program.

Acquisition of a full time archaeologist has resulted in the delineation and discovery of new historical and archaeological sites. Sites will be further delineated with Global Positioning System (GPS) and Geographical Information System (GIS) technology to aid in future protection and assessment of all archaeological and historical sites. Sites will be monitored on a monthly basis and protected to the fullest extent of the law.

APPENDIX A- JURISDICTIONAL MAP OF CCAFS

22 AFI31-204 45SWSUPI 1 AUGUST 2003

Attachment 4 (Added)

JURISDICTIONAL MAP

Figure A4.1. (Added) Jurisdictional Map.

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APPENDIX B- JURISDICTIONAL MAP OF SOUTH HOUSING FOR PAFB

UNCLASSIFIED

•309 acre site

•172 acres

Pelican Coast

Development

•36 acres retained as

Federal

Property

Legend

South Housing Map

273 acres deeded by Govt. to AEC

•101 acres

Montecito

Development

•50 acres Ph 2

Proposed

Vacant

•75 acres Ph 3

Proposed

Vacant

PH 1

47 Acres

Developed dattilok Typewritten Text Current as of Sept 2008 Red tracts are Federal Jurisdiction