29.1-530.5 - Wildlife Violator Compact.
§ 29.1-530.5. Wildlife Violator Compact.
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 thebenefit of all residents and visitors;
(2) The protection of the wildlife resources of a state is materiallyaffected by the degree of compliance with state statutes, laws, regulations,rules, and ordinances relating to the management of those resources;
(3) The preservation, protection, management, and restoration of wildlifecontributes immeasurably to the aesthetic, recreational, and economic aspectsof such natural resources;
(4) Wildlife resources are valuable without regard to political boundaries;therefore, every person should be required to comply with wildlifepreservation, protection, management, and restoration statutes, laws, rules,regulations, and ordinances of the participating states as a conditionprecedent 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 wildliferesources and may endanger the safety of persons and property;
(6) The mobility of many wildlife law violators necessitates the maintenanceof channels of communication among the various states;
(7) In most instances, a person who is cited for a wildlife violation in astate other than the person's home state:
(i) Is required to post collateral or a bond to secure an appearance for atrial at a later date;
(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) ofthis subsection is to ensure compliance with the terms of a wildlife citationby the cited person who, if permitted to continue on the person's way afterreceiving the citation, could return to the person's home state and disregardany duty under the terms of the citation;
(9) In most instances, a person receiving a wildlife citation in the person'shome state is permitted to accept the citation from the officer at the sceneof the violation and immediately continue on the person's way after agreeingor being instructed to comply with the terms of the citation;
(10) The practices described in paragraph (7) of this subsection causeunnecessary inconvenience and, at times, a hardship for the person who isunable at the time to post collateral, furnish a bond, stand trial, or pay afine, and thus is compelled to remain in custody until some alternativearrangement is made; and
(11) The enforcement practices described in paragraph (7) of this subsectionconsume an undue amount of law-enforcement time.
(b) It is the policy of the participating states to:
(1) Promote compliance with the statutes, laws, regulations, rules, andordinances relating to management of wildlife resources in their respectivestates;
(2) Recognize a suspension of wildlife license privileges of any person whoselicense privileges have been suspended by a participating state and treatthat suspension as if it had occurred in each respective state;
(3) Allow a violator, except as provided in Article III, subsection (b) ofthis compact, to accept a wildlife citation and, without delay, proceed onthe person's way, regardless of the violator's home state, if that state is aparty to this compact;
(4) Report to the appropriate participating state, as provided in the compactmanual, any conviction recorded against a person whose home state was not theissuing state;
(5) Allow the home state to recognize and treat convictions recorded againstits residents, which convictions occurred in a participating state, as thoughthey had occurred in the home state;
(6) Extend cooperation to its fullest extent among the participating statesfor enforcing compliance with the terms of a wildlife citation issued in oneparticipating state to a resident of another participating state;
(7) Maximize the effective use of law-enforcement personnel and information;and
(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 participating states may join in areciprocal program to effectuate the policies enumerated in subsection (b) ofthis article in a uniform and orderly manner; and
(2) Provide for the fair and impartial treatment of wildlife violatorsoperating within participating states in recognition of the violator's rightto due process and the sovereign status of a participating state.
ARTICLE II Definitions
As used in this compact, unless the context requires otherwise, the followingwords have the meanings indicated:
(a) "Citation" means any summons, complaint, summons and complaint, ticket,penalty assessment, or other official document issued to a person by awildlife officer or other law-enforcement officer for a wildlife violationthat contains an order requiring the person to respond.
(b) "Collateral" means any cash or other security deposited to secure anappearance for trial in connection with the issuance by a wildlife officer orother law-enforcement officer of a citation for a wildlife violation.
(c) "Compliance" with respect to a citation means the act of answering acitation through an appearance in a court or tribunal, or through the paymentof fines, costs, and surcharges, if any.
(d) "Conviction" means a conviction that results in suspension orrevocation of a license, including any court conviction, for an offenserelated to the preservation, protection, management, or restoration ofwildlife that is prohibited by state statute, law, regulation, rule, orordinance. The term also includes the forfeiture of any bail, bond, or othersecurity deposited to secure the appearance of a person charged with havingcommitted the offense, the payment of a penalty assessment, a plea of nolocontendere, or the imposition of a deferred or suspended sentence by thecourt.
(e) "Court" means a court of law, including magistrate's court and thejustice of the peace court.
(f) "Home state" means the state of primary residence of a person.
(g) "Issuing state" means the participating state that issues a wildlifecitation to the violator.
(h) "License" means a license, permit, or other public document thatconveys to the person to whom it was issued the privilege of pursuing,possessing, or taking any wildlife regulated by statute, law, regulation,rule, or ordinance of a participating state.
(i) "Licensing authority" means the governmental unit in each participatingstate that is authorized by law to issue or approve licenses or permits tohunt, fish, trap, or possess wildlife.
(j) "Participating state" means a state that enacts legislation to become amember of this Wildlife Violator Compact.
(k) "Personal recognizance" means an agreement by a person made at the timeof issuance of the wildlife citation that such person will comply with theterms 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 ofCanada, and other countries.
(m) "Suspension" means any revocation, denial, or withdrawal of any or alllicense privileges, including the privilege to apply for, purchase, orexercise the benefits conferred by a license.
(n) "Terms of the citation" means the conditions and options expresslystated upon the citation.
(o) "Wildlife" means all species of animals including, but not limited to,mammals, birds, fish, reptiles, amphibians, mollusks, and crustaceans, thatare defined as "wildlife" and are protected or otherwise regulated bystatute, law, rule, regulation, or ordinance in a participating state.Species included in the definition of "wildlife" vary from state to stateand the determination of whether a species is "wildlife" for the purposesof this Compact shall be based on the law of the issuing state.
(p) "Wildlife law" means a statute, law, regulation, rule, or ordinancedeveloped and enacted for the management of wildlife resources and the usesthereof.
(q) "Wildlife officer" means any individual authorized by a participatingstate to issue a citation for a wildlife violation.
(r) "Wildlife violation" means any cited violation of a statute, law,regulation, rule, or ordinance developed and enacted for the management ofwildlife resources and the uses thereof.
ARTICLE III Procedures for Issuing State
(a) When issuing a citation for a wildlife violation, a wildlife officershall issue a citation to any person whose primary residence is in aparticipating state in the same manner as though the person were a residentof the issuing state and shall not require such person to post collateral tosecure appearance, subject to the exceptions noted in subsection (b) of thisarticle, if the officer receives the recognizance of such person that he willcomply with the terms of the citation.
(b) Personal recognizance is acceptable if not prohibited by local law; bypolicy, procedure, or regulation of the issuing agency; or by the compactmanual and if the violator provides adequate proof of identification to thewildlife officer.
(c) Upon conviction or failure of a person to comply with the terms of awildlife citation, the appropriate official shall report the conviction orfailure to comply to the licensing authority of the participating state inwhich the wildlife citation was issued. The report shall be made inaccordance with procedures specified by the issuing state and must containinformation as specified in the compact manual as minimum requirements foreffective processing by the home state.
(d) Upon receiving the report of conviction or noncompliance pursuant tosubsection (c) of this article, the licensing authority of the issuing stateshall transmit to the licensing authority of the home state of the violatorthe information in the form and content prescribed in the compact manual.
ARTICLE IV Procedure for Home State
(a) Upon receipt of a report from the licensing authority of the issuingstate reporting the failure of a violator to comply with the terms of acitation, the licensing authority of the home state shall notify the violatorand shall initiate a suspension action in accordance with the home state'ssuspension procedures and shall suspend the violator's license privilegesuntil satisfactory evidence of compliance with the terms of the wildlifecitation has been furnished by the issuing state to the home state licensingauthority. Due process safeguards shall be accorded to the violator.
(b) Upon receipt of a report of conviction from the licensing authority ofthe issuing state, the licensing authority of the home state shall enter suchconviction in its records and shall treat such conviction as though theconviction had occurred in the home state for the purposes of the suspensionof license privileges.
(c) The licensing authority of the home state shall maintain a record ofactions taken and shall make reports to issuing states as provided in thecompact manual.
ARTICLE V Reciprocal Recognition of Suspension
(a) All participating states shall recognize the suspension of licenseprivileges of a person by a participating state as though the violationresulting in the suspension had occurred in their state and could have beenthe basis for suspension of license privileges in their state.
(b) Each participating state shall communicate suspension information toother participating states in a form and content prescribed in the compactmanual.
ARTICLE VI Applicability of Other Laws
Except as expressly required by provisions of this compact, nothing in thiscompact may be construed to affect the right of a participating state toapply any of its laws relating to license privileges to any person orcircumstance or to invalidate or prevent any agreement or other cooperativearrangement between a participating state and a nonparticipating stateconcerning the enforcement of wildlife laws.
ARTICLE VII Compact Administrator Procedures
(a) For the purpose of administering the provisions of this compact and toserve as a governing body for the resolution of all matters relating to theoperation of this compact, a Board of Compact Administrators is established.The board shall be composed of one representative from each of theparticipating states to be known as the compact administrator. The compactadministrator shall be appointed by the head of the licensing authority ofeach participating state and shall serve and be subject to removal inaccordance with the laws of the state he or she represents. A compactadministrator may provide for an alternate for the discharge of his or herduties and the performance of his or her functions as a board member. Analternate is not entitled to serve unless written notification of thealternate's identity has been given to the board.
(b) Each member of the Board of Compact Administrators shall be entitled toone vote. No action of the board shall be binding unless taken at a meetingat which a majority of the total number of the board's votes are cast infavor thereof. Action by the board shall be only at a meeting at which amajority of the participating states are represented.
(c) The board shall elect annually from its membership a chairman and vicechairman.
(d) The board shall adopt bylaws not inconsistent with the provisions of thiscompact or the laws of a participating state for the conduct of its businessand shall have the power to amend and rescind its bylaws.
(e) The board may accept for any of its purposes and functions under thiscompact any and all donations and grants of moneys, equipment, supplies,materials, and services, conditional or otherwise, from any state, the UnitedStates, or any governmental unit, and may receive, utilize, and dispose ofthose grants and donations.
(f) The board may contract with, or accept services or personnel from, anygovernmental or intergovernmental unit, individual, firm, or corporation, orany private nonprofit organization or institution.
(g) The board shall formulate all necessary procedures and develop uniformforms and documents for administering the provisions of this compact. Allprocedures and forms adopted pursuant to board action shall be contained in acompact manual.
ARTICLE VIII Entry into Compact and Withdrawal
(a) This compact shall become effective at such time as it is adopted insubstantially similar form by two or more states.
(b) Entry into the compact shall be made by resolution of ratificationexecuted by the authorized officials of the applying state and submitted tothe chairman of the board. The resolution shall substantially be in the formand content as provided in the compact manual and shall include the following:
(1) A citation of the authority from which the state is empowered to become aparty to this compact;
(2) An agreement of compliance with the terms and provisions of this compact;and
(3) An agreement that compact entry is with all states participating in thecompact and with all additional states legally becoming a party to thecompact.
(c) The effective date of entry shall be specified by the applying state, butmay not be less than 60 days after notice has been given by the chairman ofthe Board of Compact Administrators or by the secretariat of the board toeach participating state that the resolution from the applying state has beenreceived.
(d) A participating state may withdraw from this compact by official writtennotice to each participating state, but withdrawal shall not become effectiveuntil 90 days after the notice of withdrawal is given. The notice shall bedirected to the compact administrator of each member state. The withdrawal ofany state does not affect the validity of this compact as to the remainingparticipating states.
ARTICLE IX Amendments to the Compact
(a) This Compact may be amended from time to time. Amendments shall bepresented in resolution form to the chairman of the Board of CompactAdministrators and shall be initiated by one or more participating states.
(b) Adoption of an amendment shall require endorsement by all participatingstates and shall become effective 30 days after the date of the lastendorsement.
(c) Failure of a participating state to respond to the compact chairmanwithin 120 days after receipt of a proposed amendment shall constituteendorsement of the proposed amendment.
ARTICLE X Construction and Severability
This compact shall be liberally construed so as to effectuate the purposesstated herein. The provisions of this compact shall be severable and if anyphrase, clause, sentence, or provision of this compact is declared to becontrary to the constitution of a participating state or of the UnitedStates, or if the applicability thereof to any government, unit, individual,or circumstance is held invalid, the validity of the remainder of thiscompact shall not be affected thereby. If this compact is held contrary tothe constitution of a participating state, the compact shall remain in fullforce and effect as to the remaining states and in full force and effect asto the participating state affected as to all severable matters.
ARTICLE XI Title
This compact shall be known as the "Wildlife Violator Compact."
(2009, c. 648.)