The Wildlife Violator Compact as contained in this section is enacted into law and entered into on behalf of the State of Alaska with any other states legally joining it in a 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 the person's home state


(1) must post collateral or a bond to secure the person's 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 (g)


of this section is to ensure compliance with the terms of a wildlife


citation by the person who, if permitted to continue on the person's


way after receiving the citation, could return to the person's home


state and disregard the person's duty under the terms of the citation.


(i) In most instances, a person receiving a wildlife citation


in the person's home state is permitted to accept the citation from


the officer at the scene of the violation and continue immediately on


the person's way after agreeing to comply with the terms of the


citation.


(j) The practice described in (g) of this section 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 (g) of this section


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 subsection (b) of article III, and proceed on the person's


way without delay whether or not the person is a resident in the state


in which the citation was issued if the person's 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


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 that 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 that issues a


wildlife citation.


(h) 'License' means any license, permit, or other public


document that 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


(1) in each other party state, the department or division within the


party state that is authorized by law to issue or approve licenses or


permits to hunt, fish, trap, or possess wildlife; and


(2) in this state, the Department of Public Safety.


(j) 'Party state' means any state that 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 the person


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, that 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. In this state, 'wildlife' means all species of fish


and game as these terms are defined in AS 16.05.940
.


(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


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 may not require the


person to post collateral to secure that person's appearance, subject


to the exceptions set forth in paragraph (b) of this article, if the


officer receives the person's personal recognizance that the person


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 the violator's 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 (c) of this article, 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


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


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


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


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 shall 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 that the


compact administrator represents. A compact administrator may provide


for the discharge of the compact administrator's duties and the


performance of the compact administrator's functions as a board member


by an alternate. An alternate may not serve unless written notification


of the alternate's 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


chair and vice chair.


(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


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 chair 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


The party states agree that


(a) This compact may be amended from time to time. Amendments


must be presented in resolution form to the chair 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 chair of the


board of compact administrators within 120 days after the receipt of


the proposed amendment constitutes an endorsement.



ARTICLE X


CONSTRUCTION AND SEVERABILITY


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


The party states agree that this compact will be known as the


Wildlife Violator Compact.