Director's Order No.: 229
Subject: Expedited Release of Body-Worn Camera Footage
Sec. 1 What is the purpose of this Order?
a. This Order:
(1) Helps to ensure a consistent standard for when the U.S. Fish and Wildlife Service (Service) expedites the public release of Body-Worn Camera (BWC) footage following incidents involving serious bodily injury or death in order to promote transparency and accountability.
(2) Applies to BWCs used by Federal Wildlife Officers in the National Wildlife Refuge System’s (NWRS) Division of Refuge Law Enforcement (DRLE) and Special Agents, who are in the Office of Law Enforcement (OLE).
(3) Establishes supplementary requirements to existing Service BWC policy, including Director’s Order 220, which applies to DRLE’s Federal Wildlife Officers, and OLE’s Chief's Directive B78, which applies to OLE Special Agents.
b. This Order only applies to use of force incidents resulting in serious bodily injury or death, deaths in custody, and the use of deadly force, where expedited release of footage must be considered. For other types of incidents, see the policies listed in section 1a(3) above.
c. This Order does not apply to digital or electronic media recordings from cell phones, digital cameras, and closed-circuit television.
Sec. 2 What are the legal authorities for this Order?
a. 446 Department of the Interior (Department) Manual (DM) 41, Body-Worn Cameras and Vehicle Mounted Cameras.
b. BWC Policy Bulletin (23-01), Department Policy for the Expedited Public Release of Body-Worn Camera and Vehicle-Mounted Camera Video Footage Pursuant to 446 DM 41.
c. Lacey Act and Lacey Act Amendments (16 U.S.C. 3371-3378).
d. National Wildlife Refuge System Administration Act of 1966, as amended by the National Wildlife Refuge System Improvement Act of 1997 (16 U.S.C. 668dd-668ee).
Sec. 3 When must the Service release BWC footage under the scope of this Order?
a. The Service strives to promote transparency and accountability in its actions and to establish a reasonable expectation from the public that it conducts activities in such a manner. The Service works to prevent any perception that its employees selectively choose footage to share with the public or disclose only favorable recordings.
b. The following types of incidents require the public release of BWC footage:
(1) Use of force incidents resulting in serious bodily injury or death,
(2) Deaths in custody, and
(3) Incidents involving the use of deadly force, regardless of whether the incident results in serious bodily injury or death.
Sec. 4 After an incident, when will the Service release BWC footage?
a. The Service will make every reasonable effort to release the footage as soon as practical after an incident.
b. Except as noted in section 4c below, for those incidents that fall within the scope of this Order, the Service must release BWC footage no later than 30 days after the incident.
c. In exceptional cases, the Service may request that the Director of the Department’s Office of Law Enforcement and Security (OLES) grant an extension to the 30-day requirement.
Sec. 5 What are the requirements of BWC footage released as a community briefing video?
a. The video will use the template outlined in Appendix A of the Department’s Policy Bulletin No. 23-01.
b. The video must contain disclaimers regarding the ongoing nature of the investigation (if applicable), explain that viewer discretion is advised, and provide the general basis for any redactions.
c. All narration or scripted audio recordings must be limited to the facts of the incidents as known at the time of the recording. Any language must factually chronicle the actions seen in the video.
d. The video must comply with requirements under Section 508 of the Rehabilitation Act of 1973. However, 508 compliance should not delay the expedited release. An initial community briefing video can be released without 508 compliance provided an updated version that is compliant is released in a timely fashion.
e. Portions of the video recording(s) may be digitally enhanced or augmented to highlight aspects of the incident (e.g., to maximize visibility of an obscure firearm), but the augmentation must be readily perceptible to the public or explained in the briefing video.
Sec. 6 What may the Service withhold/redact from a community briefing video?
a. The Service may only release BWC footage to the public in a manner consistent with applicable law, including the Privacy Act of 1974. Any release of BWC footage to the public must protect the privacy rights of people depicted in the footage and any need to protect ongoing law enforcement operations.
b. The Service will begin identifying images that may require redaction and start the technical redaction process as soon as practical after an incident and after seeking appropriate approval within NWRS or OLE.
Sec. 7 Who within the Department must the Service coordinate with prior to releasing a community briefing video? The Service must coordinate with the following officials/organizations:
a. Director, OLES.
(1) The Service must notify the Director, OLES of the existence of any BWC video footage covered by this Order as soon as possible.
(2) The Director, OLES, may help facilitate coordination with the Department’s Victim Assistance Program when necessary.
b. Office of the Solicitor (SOL).
(1) The Service must contact SOL at the earliest possible opportunity to allow for legal review of the BWC footage and provide any additional relevant information.
(2) The Service must also consult with SOL when drafting any community briefing video scripts, press releases, or public statements regarding covered incidents.
(3) SOL will work with the Service to support outreach to the appropriate criminal investigative agency or prosecutor’s office with respect to the public release of the footage.
c. Department’s Communications Office (OCO).
(1) The Service must contact the OCO at the earliest possible opportunity to provide situational awareness.
(2) The Service must provide updates to the OCO throughout the production and dissemination process, and OCO will review the communication plan.
d. Other Departmental bureau(s) involved in the incident.
(1) If any other Departmental bureau/office law enforcement program(s) are involved in the underlying event, the Service must work with them to ensure a coordinated effort for the public release of any information, including video footage.
(2) If the Service and the other bureau(s)/office(s) are unable to resolve any issue(s) with respect to the public release of information, OLES will decide the appropriate course of action, in consultation with the bureau(s)/office(s), SOL, and OCO.
e. Privacy Officers. The Service must contact the Department’s Privacy Office before the release of footage to ensure safeguards are in place to protect individual privacy.
Sec. 8 What external partners must the Service coordinate with when releasing a community briefing video? The Service must coordinate with the following officials and individuals:
a. Department of Justice/United States Attorney’s Office (USAO)/other criminal investigative agency.
(1) In consultation with SOL, the Service must reach out to the appropriate criminal investigative agency and prosecutor’s office before publicly releasing video footage.
(2) The Chief - OLE or Chief - NWRS (or their designee) must initiate contact, in consultation with SOL, with the appropriate criminal investigative agency and prosecutor’s office to provide any necessary briefings.
(3) The Service must ask SOL to participate in any discussions with the criminal investigative agency or prosecutor’s office if there are any disagreements about the public release of BWC footage.
b. Subject/family/legal counsel.
(1) Following certain incidents, it may be appropriate to notify individuals related to the incident of the upcoming public release and, if feasible, allow them to view the recording(s) in advance, if doing so does not delay the release of the recordings. These individuals may include:
(a) The subject upon whom force was used;
(b) If the subject is deceased, the next of kin;
(c) If the subject is a juvenile, the subject’s parents or legal guardian; and
(d) Legal counsel for any of the above.
(2) The Service must determine if such notifications are appropriate, and the Chief - OLE or the Chief - NWRS (or their designee) is responsible for the notification(s).
c. Other law enforcement agency involved in the underlying event.
(1) The Service must coordinate with any other law enforcement agencies outside the Department directly or indirectly involved in the underlying event.
(2) The Service must take every reasonable precaution to ensure it does not interfere with, or give the appearance of interfering with, the internal affairs process and deliberations of any external law enforcement agencies.
Sec. 9 Who within the Service has the authority to approve the release of a community briefing video? The Chief - OLE and the Chief - NWRS have the authority to approve the release of a community briefing video. This authority may not be redelegated.
Sec. 10 When is this Order effective? This Order will be effective immediately. It remains in effect until we incorporate it into the U.S. Fish and Wildlife Service Manual, or until we amend, extend, supersede, or revoke it, whichever comes first. If we do not amend, extend, supersede, or revoke it, the provisions of this Order will terminate 18 months from the date of signature.
/sgd/ Martha Williams
Director
Date: November 26, 2024