The Wildlife Violator
Compact is hereby enacted into law and entered into with all the
jurisdictions legally joining therein, in the form substantially as
follows:
ARTICLE I
FINDINGS, DECLARATION OF POLICY AND PURPOSES
Section 1. Findings. The party states find that:
(a) Wildlife resources are managed in trust by the respective
states for the benefit of all residents and visitors.
(b) The protection of their respective wildlife resources are
materially affected by the degree of compliance with state statute,
regulation, ordinance or administrative rule relating to the management
of those resources.
(c) The preservation, protection, management and restoration of
wildlife contributes immeasurably to the aesthetic, recreational and
economic aspects of those natural resources.
(d) Wildlife resources are valuable without regard to political
boundaries and, therefore, all persons must be required to comply with
wildlife preservation, protection, management and restoration statutes,
ordinances and administrative rules and regulations of all party states
as a condition precedent to the continuance or issuance of any license to
hunt, fish, trap or possess wildlife.
(e) The violation of wildlife laws interferes with the management
of wildlife resources and may endanger the safety of persons and property.
(f) The mobility of many wildlife law violators necessitates the
maintenance of channels of communications among the various states.
(g) In most instances, a person who is cited for a wildlife
violation in a state other than his home state:
(1) Must post collateral or a bond to secure his appearance
for a trial at a later date;
(2) If unable to post collateral or a bond, is taken into
custody until the collateral or bond is posted; or
(3) Is taken directly to court for an immediate appearance.
(h) The purpose of the enforcement practices described in paragraph
(g) is to ensure compliance with the terms of a wildlife citation by the
person who, if permitted to continue on his way after receiving the
citation, could return to his home state and disregard his duty under the
terms of the citation.
(i) In most instances, a person receiving a wildlife citation in
his home state is permitted to accept the citation from the officer at
the scene of the violation and continue immediately on his way after
agreeing to comply with the terms of the citation.
(j) The practice described in paragraph (g) causes 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, therefore, is compelled to remain in custody until another
arrangement is made.
(k) The enforcement practices described in paragraph (g) consume an
undue amount of law enforcement time.
Sec. 2. Policies. The policies of the party states are to:
(a) Promote compliance with the statutes, ordinances, regulations
and administrative rules relating to management of wildlife resources in
their respective states.
(b) Recognize the suspension of wildlife license privileges of any
person whose license privileges have been suspended by a party state and
treat the suspension as if it had occurred in their state.
(c) Allow a violator to accept a wildlife citation, except as
provided in section 2 of article III, and proceed on his way without
delay whether or not he is a resident in the state in which the citation
was issued if his home state is a party to this compact.
(d) Report to the appropriate party state, as provided in the
compact manual, any conviction recorded against any person whose home
state was not the issuing state.
(e) Allow the home state to recognize and treat convictions
recorded for its residents which occurred in another party state as if
they had occurred in the home state.
(f) Extend cooperation to its fullest extent among the party states
for obtaining compliance with the terms of a wildlife citation issued in
one party state to a resident of another party state.
(g) Maximize the effective use of law enforcement personnel and
information.
(h) Assist court systems in the efficient disposition of wildlife
violations.
Sec. 3. Purposes. The purposes of this compact are to:
(a) Provide a means by which the party states may participate in a
reciprocal program to carry out the policies set forth in section 2 of
this article in a uniform and orderly manner.
(b) Provide for the fair and impartial treatment of wildlife
violators operating within party states in recognition of the persons’
right of due process in the sovereign status of a party state.
ARTICLE II
DEFINITIONS
Section 1. As used in this compact, unless the context otherwise
requires:
(a) “Citation” means any summons, complaint, summons and complaint,
ticket, penalty assessment or other official document issued by a
wildlife officer or other peace officer for a wildlife violation
containing an order which requires 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” means the act of answering a citation by appearing
in a court or tribunal or the payment of fines, costs or surcharges, if
any.
(d) “Conviction” means a conviction, including any court
conviction, of any offense related to the preservation, protection,
management or restoration of wildlife which is prohibited by state
statute, regulation, ordinance or administrative rule, or a forfeiture of
bail, bond or other security deposited to secure the appearance of a
person charged with any such offense, or the payment of a penalty
assessment or a plea of nolo contendere, or 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 party state which issues a wildlife
citation.
(h) “License” means any license, permit or other public document
which conveys to the person to whom it is issued the privilege of
pursuing, possessing or taking any wildlife regulated by statute,
regulation, ordinance or administrative rule of a party state.
(i) “Licensing authority” means the department or division within
each party state which is authorized by law to issue or approve licenses
or permits to hunt, fish, trap or possess wildlife.
(j) “Party state” means any state which enacts legislation to
become a member of this compact.
(k) “Personal recognizance” means an agreement by a person made at
the time of the issuance of the wildlife citation that he will comply
with the terms of that citation.
(l) “State” means any state, territory or possession of the United
States, the District of Columbia, Commonwealth of Puerto Rico, Provinces
of Canada or any other countries.
(m) “Suspension” means any revocation, denial or withdrawal of any
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 in 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, regulation, ordinance or administrative rule in a
party state. Species included in the definition of wildlife vary from
state to state and a determination of whether a species is wildlife for
the purposes of this compact must be based on local law.
(p) “Wildlife law” means any statute, regulation, ordinance or
administrative rule enacted to manage wildlife resources and the use
thereof.
(q) “Wildlife officer” means any person authorized by a party state
to issue a citation for a wildlife violation.
(r) “Wildlife violation” means any cited violation of statute,
regulation, ordinance or administrative rule enacted to manage wildlife
resources and the use thereof.
ARTICLE III
PROCEDURES FOR ISSUING STATE
Section 1. Issuing state procedures are as follows:
(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 party state in the same manner as if the person were a resident of
the home state. The wildlife officer shall not require the person to post
collateral to secure his appearance, subject to the exceptions set forth
in paragraph (b) of this article, if the officer receives the person’s
personal recognizance that he will comply with the terms of the citation.
(b) Personal recognizance is permissible if:
(1) It is not prohibited by local law or the compact manual;
and
(2) The violator provides adequate proof of his identity to
the wildlife officer.
(c) Upon conviction or failure of a person to comply with the terms
of a wildlife citation, the appropriate officer shall report the
conviction or the failure to comply to the licensing authority of the
party state in which the wildlife citation was issued. The report must be
made in accordance with the procedures specified by the issuing state and
contain information as specified in the compact manual as minimum
requirements for effective processing by the home state.
(d) Upon the receipt of the report of conviction or noncompliance
required by paragraph (c), the licensing authority of the issuing state
shall transmit to the licensing authority in the home state of the
violator the information in the manner prescribed in the compact manual.
ARTICLE IV
PROCEDURES FOR HOME STATE
Section 1. Home state procedures are as follows:
(a) Upon the receipt of a report of failure to comply with the
terms of a citation from the licensing authority of the issuing state,
the licensing authority of the home state shall notify the violator and
begin a suspension action in accordance with the home state’s suspension
procedures. The licensing authority of the home state 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 rights must be
accorded to the violator.
(b) Upon the receipt of a report of conviction from the licensing
authority of the issuing state, the licensing authority of the home state
shall enter the conviction in its records and consider the conviction as
if it had 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 make reports to the issuing states as
provided in the compact manual.
ARTICLE V
RECIPROCAL RECOGNITION OF SUSPENSION
Section 1. The party states agree that:
(a) All party states shall recognize the suspension of license
privileges of any person by any state as if the violation on which the
suspension is based had occurred in their state and would have been the
basis for suspension of license privileges in their state.
(b) Each party state shall communicate information concerning the
suspension of license privileges to the other party states in the manner
prescribed in the compact manual.
ARTICLE VI
APPLICABILITY OF OTHER LAWS
Section 1. The party states agree that, except as expressly
required by the provisions of this compact, nothing included in this
compact shall be construed to affect the right of any party 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 arrangements between a party state and a nonparty state
concerning wildlife law enforcement.
ARTICLE VII
COMPACT ADMINISTRATOR PROCEDURES
Section 1. The party states agree that:
(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 hereby established. The board must be composed of one
representative from each of the party states to be known as the compact
administrator. The compact administrator must be appointed by the head of
the licensing authority of each party state and shall serve and be
subject to removal in accordance with the laws of the state he
represents. A compact administrator may provide for the discharge of his
duties and the performance of his functions as a board member by an
alternate. An alternate may not serve unless written notification of his
identity has been given to the board.
(b) Each member of the board of compact administrators is entitled
to one vote. No action of the board is binding unless taken at a meeting
at which a majority of the total number of votes on the board are cast in
favor thereof. Action by the board must be only at a meeting at which a
majority of the party states are represented.
(c) The board shall elect annually, from its membership, a chairman
and vice chairman.
(d) The board shall adopt bylaws, not inconsistent with the
provisions of this compact or the laws of a party state, for the conduct
of its business and may amend or rescind its bylaws.
(e) The board may accept for any of its purposes and functions
under this compact any donations and grants of money, equipment,
supplies, materials and services, conditional or otherwise, from any
state, the United States, or any governmental agency and may receive, use
and dispose of them as it deems appropriate.
(f) The board may contract with, or accept services or personnel
from, any governmental or intergovernmental agency, person, firm,
corporation or private nonprofit organization or institution.
(g) The board shall establish 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 must
be included in the compact manual.
ARTICLE VIII
ENTRY INTO AND WITHDRAWAL FROM COMPACT
Section 1. The party states agree that:
(a) This compact becomes effective upon adoption by at least two
states.
(b) Entry into the compact must be made by a resolution of
ratification executed by the authorized officers of the applying state
and submitted to the chairman of the board of compact administrators.
(c) The resolution must be in a form and content as provided in the
compact manual and include:
(1) A citation of the authority by which the state is
authorized to become a party to this compact;
(2) An agreement to comply with the terms and provisions of
the compact; and
(3) A statement that entry into the compact is with all
states then party to the compact and with any state that legally becomes
a party to the compact.
(d) The effective date of entry must be specified by the applying
state, except that the effective date must not be less than 60 days after
notice has been given by:
(1) The chairman of the board of the compact administrators;
or
(2) The secretary of the board of compact administrators to
each party state that the resolution from the applying state has been
received.
(e) A party state may withdraw from the compact by giving official
written notice to the other party states. A withdrawal does not take
effect until 90 days after the notice of withdrawal is given. The notice
must be directed to the compact administrator of each party state. The
withdrawal of a party state does not affect the validity of the compact
as to the remaining party states.
ARTICLE IX
AMENDMENTS TO THE COMPACT
Section 1. The party states agree that:
(a) This compact may be amended from time to time. Amendments must
be presented in resolution form to the chairman of the board of compact
administrators and may be proposed by one or more party states.
(b) The adoption of an amendment must be endorsed by all party
states and becomes effective 30 days after the date the last party state
endorses the amendment.
(c) The failure of a party state to respond to the chairman of the
board of compact administrators within 120 days after the receipt of the
proposed amendment constitutes an endorsement.
ARTICLE X
CONSTRUCTION AND SEVERABILITY
Section 1. The party states agree that this compact must be
liberally construed so as to carry out the purposes stated in the
compact. The provisions of this compact are severable and if any phrase,
clause, sentence or provision of the compact is declared to be contrary
to the constitution of any party state or the United States or the
applicability thereof to any government, agency, person or circumstance
is held invalid, the validity of the remainder of the compact is not
affected thereby. If this compact is held contrary to the constitution of
any party state thereto, the compact remains in effect as to the
remaining states and to the state affected as to all severable matters.
ARTICLE XI
TITLE
Section 1. The party states agree that this compact will be known
as the Wildlife Violator Compact.
(Added to NRS by 1989, 750)
The
Director shall appoint a person to serve on the Board of Compact
Administrators as the Compact Administrator for this State as required by
section 1 of article VII of the Wildlife Violator Compact.
(Added to NRS by 1989, 756; A 1993, 1681; 2003, 1558 )
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