CHAPTER 41. WILDLIFE VIOLATOR COMPACT
IC 14-22-41
Chapter 41. Wildlife Violator Compact
IC 14-22-41-1
Name
Sec. 1. This compact may be referred to as the wildlife violatorcompact.
As added by P.L.23-1999, SEC.2.
IC 14-22-41-2
Adoption
Sec. 2. Indiana adopts the wildlife violator compact with all otherstates that legally join in the compact in a form substantially thesame as this chapter.
As added by P.L.23-1999, SEC.2.
IC 14-22-41-3
Findings, policy, and purpose
Sec. 3. ARTICLE I
(a) The participating states find the following:
(1) Wildlife resources are managed in trust by the respectivestates for the benefit of all residents and visitors.
(2) The protection of the wildlife resources of a state ismaterially affected by the degree of compliance with statestatutes, laws, regulations, ordinances, and administrative rulesrelating to the management of wildlife resources.
(3) The preservation, protection, management, and restorationof wildlife contributes immeasurably to the aesthetic,recreational, and economic aspects of wildlife natural resources.
(4) Wildlife resources are valuable without regard to politicalboundaries; therefore, every person should be required tocomply with wildlife preservation, protection, management, andrestoration laws, ordinances, and administrative rules andregulations of the participating states as a condition precedentto the continuance or issuance of any license to hunt, fish, trap,or possess wildlife.
(5) Violation of wildlife laws interferes with the managementof wildlife resources and may endanger the safety of personsand property.
(6) The mobility of many wildlife law violators necessitates themaintenance of channels of communication among the variousstates.
(7) In some states, a person who is cited for a wildlife violationin a state other than the person's home state:
(A) is required to post collateral or a bond to secureappearance for a trial at a later date;
(B) is taken into custody until the collateral or bond isposted; or
(C) is taken directly to court for an immediate appearance.
(8) The purpose of the enforcement practices set forth in
subdivision (7) is to ensure compliance with the terms of awildlife citation by the cited person who, if permitted tocontinue on the person's way after receiving the citation, couldreturn to the person's home state and disregard the person's dutyunder the terms of the citation.
(9) In most instances, a person receiving a wildlife citation inthe person's home state is permitted to accept the citation fromthe officer at the scene of the violation and immediatelycontinue on the person's way after agreeing or being instructedto comply with the terms of the citation.
(10) The practices described in subdivision (7) causeunnecessary inconvenience and, at times, a hardship for theperson who is unable at the time to post collateral, furnish abond, stand trial, or pay a fine, and thus is compelled to remainin custody until some alternative arrangement is made.
(11) The enforcement practices described in subdivision (7)consume an undue amount of law enforcement time.
(b) It is the policy of the participating states to do the following:
(1) Promote compliance with the statutes, laws, ordinances,regulations, and administrative rules relating to management ofwildlife resources in their respective states.
(2) Recognize the suspension of wildlife license privileges ofany person whose license privileges have been suspended by aparticipating state and treat the suspension as if it had occurredin their state provided the violation that resulted in thesuspension could have been the basis for suspension in theirstate.
(3) Allow a violator, except as provided in section 5(b) of thischapter, to accept a wildlife citation and, without delay, proceedon the person's way, whether or not a resident of the state inwhich the citation was issued, provided that the violator's homestate is party to this compact.
(4) Report to the appropriate participating state, as provided inthe compact manual, any conviction recorded against anyperson whose home state was not the issuing state.
(5) Allow the home state to recognize and treat convictionsrecorded against the home state's residents that occurred in aparticipating state as though the convictions had occurred in thehome state.
(6) Extend cooperation to its fullest extent among theparticipating states for enforcing compliance with the terms ofa wildlife citation issued in a participating state to a resident ofanother participating state.
(7) Maximize effective use of law enforcement personnel andinformation.
(8) Assist court systems in the efficient disposition of wildlifeviolations.
(c) The purpose of this compact is to do the following:
(1) Provide a means through which a participating state mayjoin in a reciprocal program to effectuate the policies
enumerated in subsection (b) in a uniform and orderly manner.
(2) Provide for the fair and impartial treatment of wildlifeviolators operating within participating states in recognition ofthe violator's right to due process and the sovereign status of aparticipating state.
As added by P.L.23-1999, SEC.2.
IC 14-22-41-4
Definitions
Sec. 4. ARTICLE II
(a) "Citation" means any summons, complaint, summons andcomplaint, ticket, penalty assessment, or other official documentissued to a person by a wildlife officer or other law enforcementofficer for a wildlife violation that contains an order requiring theperson to respond.
(b) "Collateral" means cash or other security deposited to securean appearance for trial in connection with the issuance by a wildlifeofficer or other law enforcement officer of a citation for a wildlifeviolation.
(c) "Compliance", with respect to a citation, means the act ofanswering a citation through an appearance in a court or tribunal orthrough the payment of fines, costs, and surcharges, if any.
(d) "Conviction" means a conviction, including any courtconviction, for any offense related to the preservation, protection,management, or restoration of wildlife that is prohibited by statestatute, law, regulation, ordinance, or administrative rule. The termincludes the forfeiture of any bail, bond, or other security depositedto secure appearance by a person charged with having committed anysuch offense, the payment of a penalty assessment, a plea of nolocontendere, and the imposition of a deferred or suspended sentenceby the court.
(e) "Court" means a court of law, including a magistrate's courtand a justice 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 awildlife citation to the violator.
(h) "License" means any license, permit, or other public documentthat conveys to the person to whom it was issued the privilege ofpursuing, 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 withineach participating state that is authorized by law to issue or approvelicenses or permits to hunt, fish, trap, or possess wildlife.
(j) "Participating state" means any state that enacts legislation tobecome a member of the wildlife violator compact.
(k) "Personal recognizance" means an agreement made by aperson at the time of issuance of the wildlife citation that the personwill comply with the terms of the citation.
(l) "State" means any state, territory or possession of the UnitedStates, the District of Columbia, the Commonwealth of Puerto Rico,
the provinces of Canada, and other countries.
(m) "Suspension" means any revocation, denial, or withdrawal ofany 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 optionsexpressly stated upon the citation.
(o) "Wildlife" means all species of animals including mammals,birds, fish, reptiles, amphibians, mollusks, and crustaceans that aredefined as "wildlife" and are protected or otherwise regulated bystatute, law, regulation, ordinance, or administrative rule in aparticipating state. Species included in the definition of wildlife varyfrom state to state and determination of whether a species is wildlifefor the purposes of this compact is based on local law.
(p) "Wildlife law" means any statute, law, regulation, ordinance,or administrative rule developed and enacted for the managementand uses of wildlife resources.
(q) "Wildlife officer" means any individual authorized by aparticipating 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 enactedfor the management and uses of wildlife resources.
(s) Unless the context requires otherwise, the definitions of thissection apply throughout the chapter.
As added by P.L.23-1999, SEC.2.
IC 14-22-41-5
Citations in participating state
Sec. 5. ARTICLE III
(a) When issuing a citation for a wildlife violation, a wildlifeofficer shall issue a citation to any person whose primary residenceis in a participating state in the same manner as the officer wouldissue a citation to a resident of the issuing state and may not requirethe person to post collateral to secure appearance, subject to theexception in subsection (b), if the officer receives the recognizanceof the person that the person will comply with the terms of thecitation.
(b) Personal recognizance is acceptable if:
(1) not prohibited by local law or the compact manual; and
(2) the violator provides adequate proof of identification to thewildlife officer.
(c) Upon conviction or failure of a person to comply with theterms of a wildlife citation, the appropriate official shall report theconviction or failure to comply to the licensing authority of theparticipating state in which the wildlife citation was issued. Thereport must be made in accordance with procedures specified by theissuing state.
(d) Upon receipt of the report of conviction or noncomplianceunder subsection (c), the licensing authority of the issuing state shalltransmit to the licensing authority of the home state of the violatorthe information in the form and content prescribed in the compact
manual.
As added by P.L.23-1999, SEC.2.
IC 14-22-41-6
Treatment by home state of noncompliance or conviction
Sec. 6. ARTICLE IV
(a) Upon receipt of a report from the licensing authority of theissuing state reporting the failure of a violator to comply with theterms of a citation, the licensing authority of the home state shall:
(1) notify the violator;
(2) initiate a suspension action in accordance with the homestate's suspension procedures; and
(3) suspend the violator's license privileges until satisfactoryevidence of compliance with the terms of the wildlife citationhas been furnished by the issuing state to the home statelicensing authority.
Due process safeguards must be accorded.
(b) Upon receipt of a report of conviction from the licensingauthority of the issuing state, the licensing authority of the homestate shall enter the conviction in its records and treat the convictionas though it occurred in the home state for the purposes of thesuspension of license privileges.
(c) The licensing authority of the home state shall maintain arecord of actions taken and make reports to issuing states.
As added by P.L.23-1999, SEC.2.
IC 14-22-41-7
Suspension of license privileges
Sec. 7. ARTICLE V
(a) Each participating state shall recognize the suspension oflicense privileges of any person by any participating state as thoughthe violation resulting in the suspension had occurred in their stateand could have been the basis for suspension of license privileges intheir state.
(b) Each participating state shall communicate suspensioninformation to other participating states in form and content ascontained in the compact manual.
As added by P.L.23-1999, SEC.2.
IC 14-22-41-8
Application of laws and other agreements not affected
Sec. 8. ARTICLE VI
Except as expressly required by provisions of this compact,nothing in this compact affects the right of any participating state toapply any of its laws relating to license privileges to any person orcircumstance or to invalidate or prevent any agreement or othercooperative arrangement between a participating state and anonparticipating state concerning wildlife law enforcement.
As added by P.L.23-1999, SEC.2.
IC 14-22-41-9
Board of compact administrators
Sec. 9. ARTICLE VII
(a) For the purpose of administering the provisions of thiscompact and to serve as a governing body for the resolution of allmatters relating to the operation of this compact, a board of compactadministrators is established. The board is composed of one (1)representative, known as the compact administrator, from each of theparticipating states. The compact administrator shall be appointed bythe head of the licensing authority of each participating state andserve and be subject to removal in accordance with the laws of thestate the compact administrator represents. A compact administratormay provide for the discharge of the compact administrator's dutiesand the performance of the compact administrator's function as aboard member by an alternate. An alternate is not entitled to serve onthe board unless written notification of the alternate's identity hasbeen given to the board.
(b) Each member of the board of compact administrators isentitled to one (1) vote. An action of the board is not binding unlesstaken at a meeting at which a majority of the total number of theboard's votes are cast in favor of the action. Action by the board mustbe at a meeting at which a majority of the participating states arerepresented.
(c) The board shall elect annually from its membership a chair andvice chair.
(d) The board shall adopt bylaws consistent with the provisionsof this compact or the laws of a participating state for the conduct ofits business and shall have the power to amend and rescind itsbylaws.
(e) The board may accept for any of its purposes and functionsunder this compact any and all donations and grants of money,equipment, supplies, materials, and services conditional or otherwise,from any state, the United States, or any governmental agency, andmay receive, use, and dispose of the same.
(f) The board may contract with, or accept services or personnelfrom, any governmental or intergovernmental agency, individual,firm, or corporation or any private nonprofit organization orinstitution.
(g) The board shall formulate all necessary procedures anddevelop uniform forms and documents for administering theprovisions of this compact. All procedures and forms adopted underboard action must be contained in a compact manual.
As added by P.L.23-1999, SEC.2.
IC 14-22-41-10
Effectiveness of compact
Sec. 10. ARTICLE VIII
(a) This compact becomes effective when it is adopted in asubstantially similar form by two (2) or more states.
(b) Entry into the compact must be made by resolution of
ratification executed by the authorized officials of the applying stateand submitted to the chair of the board. The resolution mustsubstantially be in the form and content as provided in the compactmanual and include the following:
(1) A citation of the authority from which the state isempowered to become a party to this compact.
(2) An agreement of compliance with the terms and provisionsof this compact.
The effective date of entry shall be specified by the applying statebut may not be less than sixty (60) days after notice has been givenby the chair of the board of the compact administrators or by thesecretary of the board to each participating state that the resolutionfrom the applying state has been received.
(c) A participating state may withdraw from participation in thiscompact by official written notice to each participating state, butwithdrawal is not effective until ninety (90) days after the notice ofwithdrawal is given. The notice must be directed to the compactadministrator of each member state. No withdrawal of any state shallaffect the validity of this compact as to the remaining participatingstates.
As added by P.L.23-1999, SEC.2.
IC 14-22-41-11
Amendments
Sec. 11. ARTICLE IX
(a) This compact may be amended from time to time.Amendments must be presented in resolution form to the chair of theboard of compact administrators and be initiated by one (1) or moreparticipating states.
(b) Adoption of an amendment requires endorsement by allparticipating states and becomes effective thirty (30) days after thedate of the last endorsement.
As added by P.L.23-1999, SEC.2.
IC 14-22-41-12
Construction
Sec. 12. ARTICLE X
This compact shall be liberally construed so as to effectuate thepurposes stated herein. The provisions of this compact shall beseverable and if any phrase, clause, sentence, or provision of thiscompact is declared to be contrary to the constitution of anyparticipating state or of the United States, or the applicability thereofto any government, agency, individual, or circumstance is heldinvalid, the validity of the remainder of this compact shall not beaffected by the declaration. If this compact is held contrary to theconstitution of any participating state, the compact shall remain infull force and effect as to the remaining states and in full force andeffect as to the participating state affected as to all severable matters.
As added by P.L.23-1999, SEC.2.