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SECTION 11-2503
Adoption and text of compact
Environmental Conservation (ENV) CHAPTER 43-B, ARTICLE 11, TITLE 25
§ 11-2503. Adoption and text of compact.

The interstate wildlife violator compact is adopted and enacted into
law as follows:

ARTICLE I

Findings, declaration of policy and purpose.

(a) The participating states find that:

(1) Wildlife resources are managed in trust by the respective states
for the benefit of all residents and visitors.

(2) The protection of the wildlife resources of a state is materially
affected by the degree of compliance with state statutes, laws,
regulations, ordinances and administrative rules relating to the
management of such resources.

(3) The preservation, protection, management and restoration of
wildlife contributes immeasurably to the aesthetic, recreational and
economic aspects of such natural resources.

(4) Wildlife resources are valuable without regard to political
boundaries; therefore, every person should be required to comply with
wildlife preservation, protection, management and restoration laws,
ordinances, and administrative rules and regulations of the
participating states as a condition precedent to the continuance or
issuance of any license to hunt, fish, trap or possess wildlife.

(5) Violation of wildlife laws interferes with the management of
wildlife resources and may endanger the safety of persons and property.

(6) The mobility of many wildlife law violators necessitates the
maintenance of channels of communication among the various states.

(7) In some states, a person who is cited for a wildlife violation in
a state other than his or her home state:

(i) Is required to post collateral or a bond to secure appearance for
a trial at a later date; or

(ii) Is taken into custody until the collateral or bond is posted; or

(iii) Is taken directly to court for an immediate appearance.

(8) The purpose of the enforcement practices set forth in paragraph 7
of this subdivision is to ensure compliance with the terms of a wildlife
citation by the cited person who, if permitted to continue on his or her
way after receiving the citation, could return to his or her home state
and disregard his or her duty under the terms of the citation.

(9) In most instances, a person receiving a wildlife citation in his
or her home state is permitted to accept the citation from the officer
at the scene of the violation and immediately continue on his or her way
after agreeing or being instructed to comply with the terms of the
citation.

(10) The practices described in paragraph 7 of this subdivision cause
unnecessary inconvenience and, at times, a hardship for the person who
is unable at the time to post collateral, furnish a bond, stand trial or
pay a fine, and thus is compelled to remain in custody until some
alternative arrangement is made.

(11) The enforcement practices described in paragraph 7 of this
subdivision consume an undue amount of law enforcement time.

(b) It is the policy of the participating states to:

(1) Promote compliance with the statutes, laws, ordinances,
regulations and administrative rules relating to management of wildlife
resources in their respective states.

(2) Recognize the suspension of wildlife license privileges of any
person whose license privileges have been suspended by a participating
state and treat such suspension as if it had occurred in their state
provided the violation which resulted in the suspension could have been
the basis for suspension in their state.

(3) Allow a violator, except as provided in subdivision (b) of article
III of this compact, to accept a wildlife citation and, without delay,
proceed on his or her way, whether or not a resident of the state in
which the citation was issued, provided that the violator's home state
is party to this compact.

(4) Report to the appropriate participating state, as provided in the
compact manual, any conviction recorded against any person whose home
state was not the issuing state.

(5) Allow the home state to recognize and treat convictions recorded
against its residents, which convictions occurred in a participating
state, as though they had occurred in the home state.

(6) Extend cooperation to its fullest extent among the participating
states for enforcing compliance with the terms of a wildlife citation
issued in one participating state to a resident of another participating
state.

(7) Maximize effective use of law enforcement personnel and
information.

(8) Assist court systems in the efficient disposition of wildlife
violations.

(c) The purpose of this compact is to:

(1) Provide a means through which a participating state may join in a
reciprocal program to effectuate the policies enumerated in subdivision
(b) of this article in a uniform and orderly manner.

(2) Provide for the fair and impartial treatment of wildlife violators
operating within participating states in recognition of the violator's
right to due process and the sovereign status of a participating state.

ARTICLE II

Definitions. As used in this compact, unless the context requires
otherwise:

(a) "Citation" means any summons, complaint, summons and complaint,
ticket, penalty assessment or other official document issued to a person
by a wildlife officer or other peace officer for a wildlife violation
which contains an order requiring the person to respond.

(b) "Collateral" means any cash or other security deposited to secure
an appearance for trial in connection with the issuance by a wildlife
officer or other peace officer of a citation for a wildlife violation.

(c) "Compliance" with respect to a citation means the act of answering
a citation through an appearance in a court or tribunal, or through the
payment of fines, costs and surcharges, if any.

(d) "Conviction" means a conviction, including any court conviction,
for any offense related to the preservation, protection, management or
restoration of wildlife which is prohibited by state statute, law,
regulation, ordinance or administrative rule, and such conviction shall
also include the forfeiture of any bail, bond or other security
deposited to secure appearance by a person charged with having committed
any such offense, the payment of a penalty assessment, a plea of nolo
contendere and the imposition of a deferred or suspended sentence by the
court.

(e) "Court" means a court of law, including magistrate's court and the
justice of the peace court.

(f) "Home state" means the state of primary residence of a person.

(g) "Issuing state" means the participating state which issues a
wildlife citation to the violator.

(h) "License" means any license, permit or other public document which
conveys to the person to whom it was issued the privilege of pursuing,
possessing or taking any wildlife regulated by statute, law, regulation,
ordinance or administrative rule of a participating state.

(i) "Licensing authority" means the department or division within each
participating state which is authorized by law to issue or approve
licenses or permits to hunt, fish, trap or possess wildlife.

(j) "Participating state" means any state which enacts legislation to
become a member of this wildlife compact.

(k) "Personal recognizance" means an agreement by a person made at the
time of issuance of the wildlife citation that such person will comply
with the terms of the citation.

(l) "State" means any state, territory or possession of the United
States, the District of Columbia, the Commonwealth of Puerto Rico, the
provinces of Canada and other countries.

(m) "Suspension" means any revocation, denial or withdrawal of any or
all license privileges, including the privilege to apply for, purchase
or exercise the benefits conferred by any license.

(n) "Terms of the citation" means those conditions and options
expressly stated upon the citation.

(o) "Wildlife" means all species of animals including, but not limited
to, mammals, birds, fish, reptiles, amphibians, mollusks and
crustaceans, which are defined as "wildlife" and are protected or
otherwise regulated by statute, law, regulation, ordinance or
administrative rule in a participating state. Species included in the
definition of "wildlife" vary from state to state and determination of
whether a species is "wildlife" for the purposes of this compact shall
be based on local law.

(p) "Wildlife law" means any statute, law, regulation, ordinance or
administrative rule developed and enacted for the management of wildlife
resources and the uses thereof.

(q) "Wildlife officer" means any individual authorized by a
participating state to issue a citation for a wildlife violation.

(r) "Wildlife violation" means any cited violation of a statute, law,
regulation, ordinance or administrative rule developed and enacted for
the management of wildlife resources and the uses thereof.

ARTICLE III

Procedures for issuing state.

(a) When issuing a citation for a wildlife violation, a wildlife
officer shall issue a citation to any person whose primary residence is
in a participating state in the same manner as though the person were a
resident of the issuing state and shall not require such person to post
collateral to secure appearance, subject to the exception noted in
subdivision (b) of this article, if the officer receives the
recognizance of such person that he will comply with the terms of the
citation.

(b) Personal recognizance is acceptable (1) if not prohibited by local
law or the compact manual and (2) if the violator provides adequate
proof of identification to the wildlife officer.

(c) Upon conviction or failure of a person to comply with the terms of
a wildlife citation, the appropriate official shall report the
conviction or failure to comply to the licensing authority of the
participating state in which the wildlife citation was issued. The
report shall be made in accordance with procedures specified by the
issuing state.

(d) Upon receipt of the report of conviction or noncompliance pursuant
to subdivision (c) of this article, the licensing authority of the
issuing state shall transmit to the licensing authority of the home
state of the violator the information in form and content as prescribed
in the compact manual.

ARTICLE IV

Procedure for home state.

(a) Upon receipt of a report from the licensing authority of the
issuing state reporting the failure of a violator to comply with the
terms of a citation, the licensing authority of the home state shall
notify the violator and shall initiate a suspension action in accordance
with the home state's suspension procedures and shall suspend the
violator's license privileges until satisfactory evidence of compliance
with the terms of the wildlife citation has been furnished by the
issuing state to the home state licensing authority. Due process
safeguards will be accorded.

(b) Upon receipt of a report of conviction from the licensing
authority of the issuing state, the licensing authority of the home
state shall enter such conviction in its records and shall treat such
conviction as though it occurred in the home state for the purposes of
the suspension of license privileges.

(c) The licensing authority of the home state shall maintain a record
of actions taken and shall make reports to issuing states.

ARTICLE V

Reciprocal recognition of suspension.

(a) All participating states shall recognize the suspension of license
privileges of any person by any participating state as though the
violation resulting in the suspension had occurred in their state and
could have been the basis for suspension of license privileges in their
state.

(b) Each participating state shall communicate suspension information
to other participating states in form and content as contained in the
compact manual.

ARTICLE VI

Applicability of other laws.

Except as expressly required by provisions of this compact, nothing
herein shall be construed to affect the right of any participating state
to apply any of its laws relating to license privileges to any person or
circumstance or to invalidate or prevent any agreement or other
cooperative arrangement between a participating state and a
nonparticipating state concerning wildlife law enforcement.

ARTICLE VII

Compact administrator procedures.

(a) For the purpose of administering the provisions of this compact
and to serve as a governing body for the resolution of all matters
relating to the operation of this compact, a board of compact
administrators is established. The board shall be composed of one
representative from each of the participating states to be known as the
compact administrator. The compact administrator shall be appointed by
the head of the licensing authority of each participating state and
shall serve and be subject to removal in accordance with the laws of the
state he or she represents. A compact administrator may provide for the
discharge of his or her duties and the performance of his or her
function as a board member by an alternate. An alternate shall not be
entitled to serve unless written notification of his or her identity has
been given to the board.

(b) Each member of the board of compact administrators shall be
entitled to one vote. No action of the board shall be binding unless
taken at a meeting at which a majority of the total number of the
board's votes are cast in favor thereof. Action by the board shall be
only at a meeting at which a majority of the participating states are
represented.

(c) The board shall elect annually from its membership a chair and
vice-chair.

(d) The board shall adopt bylaws not inconsistent with the provisions
of this compact or the laws of a participating state for the conduct of
its business and shall have the power to amend and rescind its bylaws.

(e) The board may accept for any of its purposes and functions under
this compact any and all donations and grants of monies, equipment,
supplies, materials and services conditional or otherwise, from any
state, the United States or any governmental agency, and may receive,
utilize and dispose of same.

(f) The board may contract with, or accept services or personnel from,
any governmental or intergovernmental agency, individual, firm or
corporation, or any private nonprofit organization or institution.

(g) The board shall formulate all necessary procedures and develop
uniform forms and documents for administering the provisions of this
compact. All procedures and forms adopted pursuant to board action shall
be contained in a compact manual.

ARTICLE VIII

Entry into compact and withdrawal.

(a) This compact shall become effective at such time as it is adopted
in a substantially similar form by two or more states.

(b) (1) Entry into the compact shall be made by resolution of
ratification executed by the authorized officials of the applying state
and submitted to the chair of the board.

(2) The resolution shall substantially be in the form and content as
provided in the compact manual and shall include the following:

(i) A citation of the authority from which the state is empowered to
become a party to this compact; and

(ii) An agreement of compliance with the terms and provisions of this
compact.

(3) The effective date of entry shall be specified by the applying
state but shall not be less than sixty days after notice has been given
(i) by the chair of the board of the compact administrators or (ii) by
the secretary of the board to each participating state that the
resolution from the applying state has been received.

(c) A participating state may withdraw from participation in this
compact by official written notice to each participating state, but
withdrawal shall not become effective until ninety days after the notice
of withdrawal is given. The notice shall be directed to the compact
administrator of each member state. No withdrawal of any state shall
affect the validity of this compact as to the remaining participating
states.

ARTICLE IX

Amendments to the compact.

(a) This compact may be amended from time to time. Amendments shall be
presented in resolution form to the chair of the board of compact
administrators and shall be initiated by one or more participating
states.

(b) Adoption of an amendment shall require endorsement by all
participating states and shall become effective thirty days after the
date of the last endorsement.

ARTICLE X

Construction and severability.

This compact shall be liberally construed so as to effectuate the
purposes stated herein. The provisions of this compact shall be
severable and if any phrase, clause, sentence or provision of this
compact is declared to be contrary to the constitution of any
participating state or of the United States, or the applicability
thereof to any government, agency, individual or circumstance is held
invalid, the validity of the remainder of this compact shall not be
affected thereby. If this compact shall be held contrary to the
constitution of any participating state, the compact shall remain in
full force and effect as to the remaining states and in full force and
effect as to the participating state affected as to all severable
matters.

ARTICLE XI

Administration; expenses.

(a) The department of environmental conservation is designated as the
licensing authority in this state for purposes of this compact. The
commissioner of the department of environmental conservation shall
furnish to the appropriate authorities of the participating states any
information or documents reasonably necessary to facilitate the
administration of this compact.

(b) The compact administrator from this state is not entitled to any
additional compensation for his or her service as such but is eligible
for reimbursement for expenses incurred in connection with his or her
responsibilities as compact administrator in the same manner as expenses
incurred in connection with other responsibilities of his or her office
or employment.