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Statutes > Wyoming > Title23 > Chapter6

CHAPTER 6 - ENFORCEMENT; PENALTIES

 

ARTICLE 1 - ENFORCEMENT

 

23-6-101. Arrest without warrant; when person arrested to be takenimmediately before a court.

 

Anygame warden, commissioner or other employee of the department designated by thecommission and any Wyoming law enforcement officer may arrest without warrantany person violating any provision of this act. If the offense charged ispunishable as a misdemeanor, the arrested person shall be taken immediatelybefore the nearest or most readily accessible court having jurisdiction of theoffense in the county where the offense is alleged to have been committedunless the officer accepts a written promise to appear at a later time or abond pursuant to W.S. 23-6-102.

 

23-6-102. Notice to appear in court; release upon written promise toappear; release upon posting bond.

 

(a) When the person arrested is not immediately taken beforethe proper court, the arresting officer shall prepare a citation in triplicate,giving written notice to appear in court, containing the name and address ofthe person arrested, the offense charged, and the time and place where theperson shall appear in court.

 

(b) The place specified in the citation must be before theproper court in the county in which the offense charged is alleged to have beencommitted.

 

(c) The arrested person, in order to secure release as providedin this section, must give his written promise to appear in court by signing atleast one (1) copy of the citation prepared by the arresting officer. Theofficer shall deliver one (1) copy of the citation to the person promising toappear. Thereupon the officer shall forthwith release the person arrested fromcustody.

 

(d) An arresting officer arresting any person for violation ofany provision of this act may instead of issuing a citation containing noticeto appear in court if the violator is not immediately taken before the propercourt, accept a bond posted in accordance with the bond schedule adopted by thecourt for delivery to the court.

 

(e) Any officer violating any of the provisions of this sectionis guilty of misconduct and is subject to removal from office.

 

23-6-103. Failure to obey citation; appearance by counsel; penalty.

 

(a) No person shall violate his written promise to appear givento any officer upon issuance of a game and fish citation regardless of thedisposition of the charge for which the citation was originally issued. Awritten promise to appear in court may be complied with by an appearance bycounsel.

 

(b) Violation of this section constitutes a low misdemeanorpunishable as provided in W.S. 23-6-202(a)(v).

 

23-6-104. Procedure prescribed herein not exclusive.

 

Theforegoing provisions shall apply to all arrests without a warrant forviolations of this act, but the procedures prescribed herein are not exclusiveof any other method prescribed by law for the arrest and prosecution of aperson for an offense of like grade.

 

23-6-105. Form for citations.

 

Thedepartment shall provide an appropriate form of game and fish citationscontaining the notice to appear which shall be issued in books with citationsin triplicate. The director or his designee is responsible for the issuance ofcitation books, shall maintain a record of every such book issued and eachcitation contained therein, and shall require and obtain a receipt for everybook issued.

 

23-6-106. Disposition and records of citations.

 

(a) Every person issuing a game and fish citation as hereinprovided shall deposit one (1) copy of the citation with the court havingjurisdiction over the alleged offense.

 

(b) Upon the deposit of a copy of the citation with the propercourt, the citation may be disposed of only by trial in that court, or otherofficial action by a judge of that court, including forfeiture of the bail.

 

(c) No person shall dispose of a game and fish citation orcopies thereof, or of the record of the issuance of a citation in a mannerother than as provided in this act.

 

(d) The director or his designee shall require the issuingofficer to return to him a copy of every game and fish citation issued to analleged violator of any provision of this act and all copies of every game andfish citation which have been spoiled or upon which any entry has been made andnot issued to an alleged violator.

 

(e) The director or his designee shall also maintain or causeto be maintained in connection with every game and fish citation issued arecord of the disposition of the charge by the court.

 

23-6-107. When citation deemed a lawful complaint.

 

Inthe event the form of citation provided hereunder includes information and issworn to as required under the general laws of this state in respect to acomplaint charging commission of the offense alleged in the citation to havebeen committed, then the citation when filed with the proper court is a lawfulcomplaint for the purpose of prosecution under this act.

 

23-6-108. Record of game and fish cases; report of convictions todepartment.

 

(a) Every judge of any court shall keep or cause to be kept arecord of every game and fish complaint, game and fish citation, or other legalform of game and fish charge deposited with or presented to the court, andshall keep a record of every official action by the court, including a recordof every conviction, forfeiture of bail, judgment of acquittal, and the amountof fine or forfeiture resulting from every such complaint or citation depositedwith or presented to the court.

 

(b) Within thirty (30) days after the conviction or forfeitureof bail of a person upon a charge of violating any provision of this act, thejudge or clerk of the court in which the conviction was had or bail wasforfeited, shall forward to the department a certified abstract of the recordof the court covering the case in which the person was convicted or forfeitedbail. The abstract shall be made upon a form furnished by the department andshall include the name and address of the party charged, the number of his gameor fish license, if any, the nature of the offense, the date of hearing, theplea, the judgment, or whether bail was forfeited, and the amount of fine,forfeiture or penalty imposed.

 

23-6-109. Search with or without warrant; confiscation and dispositionof wildlife.

 

(a) Any person authorized to enforce the provisions of this actmay seize and take into custody any wildlife which has been unlawfully taken orwhich is unlawfully in possession. Any wildlife so confiscated may be sold tothe best advantage and funds received credited to the Wyoming game and fishfund.

 

(b) Any person authorized to enforce the provisions of this actmay search without warrant, any camp, camp outfit, pack, pack outfit, packanimal, motor vehicle, boat, wagon or trailer for any wildlife which he hasprobable cause to believe was taken or is possessed unlawfully.

 

(c) Any person authorized to enforce the provisions of this actmay search with a search warrant any place or property for any wildlife whichhe may have probable cause to believe was taken or is possessed unlawfully.

 

23-6-110. Refusal to display proper license prima facie evidence ofguilt.

 

Anyperson taking any wildlife who fails or refuses upon demand of any personauthorized to enforce the provisions of this act to produce his proper licenseif a license is required for the wildlife taken, is prima facie evidence oftaking the particular wildlife without a license.

 

23-6-111. Inspection of premises or records .

 

Theowner or operator of any commercial operation or business permitted under thisact shall upon request of any department personnel exhibit the records requiredto be maintained by the commission and permit inspection of the premisespertaining to the business or operation, during reasonable business hours.

 

ARTICLE 2 - PENALTIES

 

23-6-201. Repealed By Laws 2007, Ch. 62, 2.

 

 

23-6-202. Fines and sentences.

 

(a) Any person who has been convicted of or pleaded guilty toany offense under this act may be fined, sentenced to the county jail, or both,as follows:

 

(i) Repealed By Laws 2007, Ch. 62, 2.

 

(ii) Up to ten thousand dollars ($10,000.00) to which may beadded imprisonment up to one (1) year when the offense is a high misdemeanor;

 

(iii) Repealed By Laws 2007, Ch. 62, 2.

 

(iv) Repealed By Laws 2007, Ch. 62, 2.

 

(v) Up to one thousand dollars ($1,000.00) to which may beadded imprisonment up to six (6) months when the offense is a low misdemeanor;

 

(vi) Repealed By Laws 2007, Ch. 62, 2.

 

(vii) Repealed By Laws 2007, Ch. 62, 2.

 

(viii) Repealed By Laws 2007, Ch. 62, 2.

 

(ix) Repealed By Laws 2007, Ch. 62, 2.

 

(x) Repealed By Laws 2007, Ch. 62, 2.

 

(xi) Repealed By Laws 2007, Ch. 62, 2.

 

23-6-203. Penalty for violations when no separate penalty provided.

 

Anyperson who violates or fails to comply with any provision of this act for whichno separate penalty is provided is guilty of a low misdemeanor punishable asprovided in W.S. 23-6-202(a)(v).

 

23-6-204. Penalty for violations generally.

 

(a) Repealed by Laws 1995, ch. 69, 2.

 

(b) Repealed by Laws 1995, ch. 69, 2.

 

(c) Any person who takes any remaining wildlife not specifiedin W.S. 23-3-102(a) or (d) except as permitted by this act and for which noseparate penalty is provided is guilty of a low misdemeanor punishable asprovided in W.S. 23-6-202(a)(v).

 

(d) In addition to any other penalty imposed under this act,any person who takes any wildlife for competition in any hunting or fishingevent at which rewards or prizes are offered as part of the competition and thewildlife is taken in violation of this act is guilty of a misdemeanor subjectto a fine of not less than two hundred dollars ($200.00) or two (2) times theamount of the competition reward or prize, whichever is greater.

 

(e) In addition to the penalties imposed under this section,any person violating this section may be required to make restitution to thestate for the value of the wildlife taken in violation of this act, in anamount determined by the court based upon the recommendation of the commission.Amounts collected under this subsection shall be paid to the account within thegame and fish fund under W.S. 23-1-501(e).

 

23-6-205. Accessory before or after the fact.

 

(a) A person who counsels or aids in a violation of anyprovision of this act or an order of the commission, or knowingly shares in anyof the proceeds of the violation by receiving or possessing any wildlife, isguilty of the violation which he counsels or aids, or the proceeds of which heknowingly shares.

 

(b) In any case where possession, transportation, buying, orselling of wildlife is unlawful solely because the taking was unlawful, thepossession, transportation, buying, or selling by a person other than a personguilty of the unlawful taking is punishable only if done with knowledge thatthe taking was unlawful.

 

23-6-206. Revocation of license; hunting after suspended license.

 

(a) The court may, in its discretion, revoke any license issuedunder this act to any person convicted of a violation of this act, for theremainder of the year in which the conviction occurs, and may suspend theperson's privilege to purchase or receive any other license under this act, orto take any wildlife for the following time periods provided in paragraphs (i)through (iii) and shall suspend the person's privilege to purchase or receiveany other license under this act for the time period provided in paragraph (iv)of this subsection:

 

(i) Not less than five (5) years for a conviction of anyviolation under W.S. 23-3-102(d);

 

(ii) Up to six (6) years for conviction of a high misdemeanor asprovided in W.S. 23-6-202(a)(ii);

 

(iii) Up to three (3) years for conviction of a low misdemeanoras provided in W.S. 23-6-202(a)(v);

 

(iv) Three (3) years for a conviction of any violation underW.S. 23-2-104(d).

 

(b) No person whose license has been forfeited or privilege topurchase another license suspended shall procure, purchase, or possess anotherlicense during the period of forfeiture or suspension. If the person procures,purchases, or possesses another license during such period, the license isinvalid and that person is not entitled to receive another license for up tosix (6) years next succeeding the original revocation or suspension period. Violation of this subsection constitutes a high misdemeanor punishable asprovided in W.S. 23-6-202(a)(ii).

 

(c) No person whose license has been forfeited or privilege topurchase another license suspended shall take any wildlife prohibited by thecourt during the period of forfeiture or suspension. If the person takes anywildlife prohibited by the court during such period, that person is notentitled to receive another license for up to six (6) years next succeeding theoriginal revocation or suspension period. Violation of this subsectionconstitutes a high misdemeanor punishable as provided in W.S. 23-6-202(a)(ii).

 

(d) The court may revoke the privileges of a person convictedof a violation of this act to purchase or receive any license or take anywildlife prohibited by the court until all fines, costs and restitution imposedby the court are satisfied. Any person who violates this subsection shall bepunished pursuant to subsection (c) of this section.

 

(e) "Conviction" means a determination of guilt byany Wyoming court having legal jurisdiction of the offense from which no appealis legally perfected. Pleas of nolo contendere and forfeitures of bail shall bedeemed convictions for the purposes of this act.

 

23-6-207. Revocation of license of commercial operation or business.

 

Thecommission may revoke the license of any commercial operation or business forany violation of this act or an order of the commission pertaining to hisbusiness or operation. The commission may refuse to issue another license toany person whose license is revoked under this section for any period of timeit deems desirable.

 

23-6-208. Forfeiture of devices and equipment used in taking gameillegally; procedure.

 

Devices and equipment, including any firearm, weapon,ammunition, trap, snare, vessel, motorized vehicle, aircraft, explosive,poisonous substance, electronic device or optical equipment, used in, or in aidof, a violation of W.S. 23-3-102(d) or 23-3-107 may be seized by any lawenforcement officer of the state after hearing and upon order issued by thecourt of original jurisdiction when the value of the devices or equipment isone thousand dollars ($1,000.00) or less or by the district court for thecounty in which the offense was charged when the value of the devices orequipment is more than one thousand dollars ($1,000.00). Any device orequipment seized under this section shall be forfeited to the state inaccordance with W.S. 7-2-105, provided the device or equipment is not subjectto forfeiture under this section by reason of any unlawful act committedwithout the knowledge or consent of the owner. A device or equipment seizedunder this section shall not be forfeited as provided under this section untilafter the person has been convicted under W.S. 23-3-102(d) or 23-3-107 and thetime for appeal has expired.

 

ARTICLE 3 - WILDLIFE VIOLATOR COMPACT

 

23-6-301. Short title.

 

Thisact shall be known and may be cited as the "Wildlife ViolatorCompact."

 

23-6-302. Execution of Compact.

 

Thelegislature hereby approves and the governor is authorized to enter into acompact on behalf of this state with any other state or states legally joiningtherein in the form substantially as follows:

 

ArticleI

 

Findings,Declaration of Policy and Purpose

 

(a) The participating statesfind that:

 

(i) Wildlife is managedby the respective states for the benefit of all residents and visitors;

 

(ii) The protection ofthe wildlife of a state is materially affected by the degree of compliance withstate statutes, laws, regulations, ordinances and administrative rules relatingto the management of those resources;

 

(iii) The preservation,protection, management and restoration of wildlife contributes immeasurably tothe aesthetic, recreational and economic aspects of those natural resources;

 

(iv) Wildlife isvaluable without regard to political boundaries; therefore, every person shouldbe required to comply with wildlife preservation, protection, management andrestoration laws and ordinances and administrative rules and regulations of theparticipating states as a condition precedent to the continuance or issuance ofany license to hunt, fish, trap or possess wildlife as determined by local law;

 

(v) Violation ofwildlife laws interferes with the management of wildlife and may endanger thesafety of persons and property;

 

(vi) The mobility ofmany wildlife law violators necessitates the maintenance of channels ofcommunication among the various states;

 

(vii) In mostinstances, a person who is cited for a wildlife violation in a state other thanhis home state:

 

(A) Is required to postcollateral or a bond to secure appearance for a trial at a later date;

 

(B) Is taken intocustody until the collateral or bond is posted; or

 

(C) Is taken directlyto court for an immediate appearance.

 

(viii) The purpose ofthe enforcement practices set forth in paragraph (vii) of this article is toensure compliance with the terms of a wildlife citation by the cited personwho, if permitted to continue on his way after receiving the citation, couldreturn to his home state and disregard his duty under the terms of thecitation;

 

(ix) In most instances,a person receiving a wildlife citation in his home state is permitted to acceptthe citation from the officer at the scene of the violation and immediatelycontinue on his way after agreeing or being instructed to comply with the termsof the citation;

 

(x) The practicesdescribed in paragraph (vii) of this article cause unnecessary inconvenienceand, at times, a hardship for the person who is unable at the time to postcollateral, furnish a bond, stand trial, or pay a fine, and thus is compelledto remain in custody until some alternative arrangement is made; and

 

(xi) The enforcementpractices described in paragraph (vii) of this article consume an undue amountof law enforcement time.

 

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

 

(i) Promote compliancewith the statutes, laws, ordinances, regulations and administrative rulesrelating to management of wildlife in their respective states;

 

(ii) Recognize thesuspension of wildlife license privileges of any person whose licenseprivileges have been suspended by a participating state and treat thesuspension as if it had occurred in their state;

 

(iii) Allow a violator,except as provided in subsection (b) of article III, to accept a wildlifecitation and, without delay, proceed on his way, whether or not a resident ofthe state in which the citation was issued, provided that the violator's homestate is party to this compact;

 

(iv) Report to theappropriate participating state, as provided in the compact manual, anyconviction recorded against any person whose home state was not the issuingstate;

 

(v) Allow the homestate to recognize and treat convictions recorded against its residents, whichconvictions occurred in a participating state, as though they had occurred inthe home state;

 

(vi) Extend cooperationto its fullest extent among the participating states for enforcing compliancewith the terms of a wildlife citation issued in one participating state to aresident of another participating state;

 

(vii) Maximizeeffective use of law enforcement personnel and information; and

 

(viii) Assist courtsystems in the efficient disposition of wildlife violations.

 

(c) The purpose of thiscompact is to:

 

(i) Provide a meansthrough which participating states may join in a reciprocal program toeffectuate the policies enumerated in subsection (b) of this article in auniform and orderly manner; and

 

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

 

ArticleII

 

Definitions

 

(a) As used in thiscompact, unless the context required otherwise:

 

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

 

(ii) "Collateral" means any cash or other security deposited to secure anappearance for trial in connection with the issuance by a wildlife officer orother peace officer of a citation for a wildlife violation;

 

(iii) "Compliance"with respect to a citation means the act of answering a citation through anappearance in a court or tribunal or through the payment of fines, costs andsurcharges, if any;

 

(iv) "Conviction" means a conviction, including any court conviction, forany offense related to the preservation, protection, management or restorationof wildlife which is prohibited by state statute, law, regulation, ordinance oradministrative rule, and such conviction shall also include the forfeiture ofany bail, bond or other security deposited to secure appearance by a personcharged with having committed any such offense, the payment of a penaltyassessment, a plea of nolo contendere and the imposition of a deferred orsuspended sentence by the court;

 

(v) "Court"means a court of law, including magistrate's court;

 

(vi) "Homestate" means the state of primary residence of a person;

 

(vii) "Issuingstate" means the participating state which issues a wildlife citation tothe violator;

 

(viii) "License" means any license, permit or other public document whichconveys 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;

 

(ix) "Licensingauthority" means the department or division within each participatingstate which is authorized by law to issue or approve licenses or permits tohunt, fish, trap or possess wildlife;

 

(x) "Participatingstate" means any state which enacts legislation to become a member of thiswildlife compact;

 

(xi) "Personalrecognizance" means an agreement by a person made at the time of issuanceof the wildlife citation that the person will comply with the terms of thecitation;

 

(xii) "State"means any state, territory or possession of the United States, the District ofColumbia, the Commonwealth of Puerto Rico, the Provinces of Canada and othercountries;

 

(xiii) "Suspension" means any revocation, denial or withdrawal of any or alllicense privileges, including the privilege to apply for, purchase or exercisethe benefits conferred by any license;

 

(xiv) "Terms ofthe citation" means those conditions and options expressly stated upon thecitation;

 

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

 

(xvi) "Wildlifelaw" means any statute, law, regulation, ordinance or administrative ruledeveloped and enacted for the management of wildlife resources and the usesthereof;

 

(xvii) "Wildlifeofficer" means any individual authorized by a participating state to issuea citation for a wildlife violation;

 

(xviii) "Wildlife violation"means any cited violation of a statute, law, regulation, ordinance oradministrative rule developed and enacted for the management of wildliferesources and the uses thereof.

 

ArticleIII

 

Proceduresfor Issuing State

 

(a) When issuing acitation for a wildlife violation, a wildlife officer shall issue a citation toany person whose primary residence is in a participating state in the samemanner as though the person were a resident of the issuing state and shall notrequire the person to post collateral to secure appearance, subject to theexceptions noted in subsection (b) of this article, if the officer receives therecognizance of the person that he will comply with the terms of the citation.

 

(b) Personalrecognizance is acceptable:

 

(i) If not prohibitedby local law or the compact manual; and

 

(ii) If the violatorprovides adequate proof of identification to the wildlife officer.

 

(c) Upon conviction orfailure of a person to comply with the terms of a wildlife citation, theappropriate official shall report the conviction or failure to comply to thelicensing authority of the participating state in which the wildlife citationwas issued. The report shall be made in accordance with procedures specifiedby the issuing state and shall contain information as specified in the compactmanual as minimum requirements for effective processing by the home state.

 

(d) Upon receipt of thereport of conviction or noncompliance pursuant to subsection (c) of thisarticle, the licensing authority of the issuing state shall transmit to thelicensing authority of the home state of the violator the information in formand content as prescribed in the compact manual.

 

ArticleIV

 

Procedurefor Home State

 

(a) Upon receipt of areport from the licensing authority of the issuing state reporting the failureof a violator to comply with the terms of a citation, the licensing authorityof the home state shall notify the violator and shall initiate a suspensionaction in accordance with the home state's suspension procedures and shallsuspend the violator's license privileges until satisfactory evidence ofcompliance with the terms of the wildlife citation has been furnished by theissuing state to the home state licensing authority. Due process safeguardsshall be accorded.

 

(b) Upon receipt of areport of conviction from the licensing authority of the issuing state, thelicensing authority of the home state shall enter the conviction in its recordsand shall treat the conviction as though it occurred in the home state for thepurposes of the suspension of license privileges.

 

(c) The licensingauthority of the home state shall maintain a record of actions taken and shallmake reports to issuing states as provided in the compact manual.

 

ArticleV

 

ReciprocalRecognition of Suspension

 

(a) All participatingstates shall recognize the suspension of license privileges of any person byany participating state as though the violation resulting in the suspension hadoccurred in their state and could have been the basis for suspension of licenseprivileges in their state.

 

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

 

ArticleVI

 

Applicabilityof Other Laws

 

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

 

ArticleVII

 

CompactAdministrator Procedures

 

(a) For the purpose ofadministering the provisions of this compact and to serve as a governing bodyfor the resolution of all matters relating to the operation of this compact, aboard of compact administrators is established. The board shall be composed ofone (1) representative from each of the participating states to be known as thecompact administrator. The compact administrator shall be appointed by thehead of the licensing authority of each participating state and shall serve andbe 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 theperformance of his functions as a board member by an alternate. An alternateshall not be entitled to serve unless written notification of his identity hasbeen given to the board.

 

(b) Each member of theboard of compact administrators shall be entitled to one (1) vote. No actionof the board shall be binding unless taken at a meeting at which a majority ofthe total number of the board's votes are cast in favor thereof. Action by theboard shall be only at a meeting at which a majority of the participatingstates are represented.

 

(c) The board shallelect annually from its membership a chairman and vice chairman.

 

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

 

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

 

(f) The board maycontract with, or accept services or personnel from, any governmental orintergovernmental agency, individual, firm, or corporation, or any privatenonprofit organization or institution.

 

(g) The board shallformulate all necessary procedures and develop uniform forms and documents foradministering the provisions of this compact. All procedures and forms adoptedpursuant to board action shall be contained in a compact manual.

 

ArticleVIII

 

Entryinto Compact and Withdrawal

 

(a) This compact shallbecome effective at such time as it is adopted in a substantially similar formby two (2) or more states.

 

(b) Entry into thecompact shall be made by resolution of ratification executed by the authorizedofficials of the applying state and submitted to the chairman of the board. Theresolution shall substantially be in the form and content as provided in thecompact manual and shall include the following:

 

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

 

(ii) An agreement ofcompliance with the terms and provisions of this compact; and

 

(iii) An agreement thatcompact entry is with all states participating in the compact and with alladditional states legally becoming a party to the compact.

 

(c) The effective dateof entry shall be specified by the applying state but shall not be less thansixty (60) days after notice has been given:

 

(i) By the chairman ofthe board of the compact administrators; or

 

(ii) By the secretariatof the board to each participating state that the resolution from the applyingstate has been received.

 

(d) A participatingstate may withdraw from participation in this compact by official writtennotice to each participating state, but withdrawal shall not become effectiveuntil ninety (90) days after the notice of withdrawal is given. The noticeshall be directed to the compact administrator of each member state. Nowithdrawal of any state shall affect the validity of this compact as to theremaining participating states.

 

ArticleIX

 

Amendmentsto the Compact

 

(a) This compact may beamended from time to time. Amendments shall be presented in resolution form tothe chairman of the board of compact administrators and shall be initiated byone (1) or more participating states.

 

(b) Adoption of anamendment shall require endorsement by all participating states and shallbecome effective thirty (30) days after the date of the last endorsement.

 

(c) A participatingstate shall respond to the compact chairman within one hundred twenty (120)days after receipt of a proposed amendment. Amendments proposed to changelocal law by the compact administrators shall be reviewed and approved by thelegislature.

 

23-6-303. Licensing authority; definition.

 

Asused in the compact, the term "licensing authority," with referenceto this state, means the Wyoming game and fish department. The director of thedepartment shall furnish to the appropriate authorities of the participatingstates any information or documents reasonably necessary to facilitate theadministration of the compact.

 

23-6-304. Compact administrator; expenses.

 

Thecompact administrator provided for in article VII of the "WildlifeViolator Compact" shall not be entitled to any additional compensation forhis service as the administrator but shall be entitled to expenses incurred inconnection with his duties and responsibilities as the administrator in thesame manner as for expenses incurred in connection with any other duties orresponsibilities of his office or employment.

 

State Codes and Statutes

Statutes > Wyoming > Title23 > Chapter6

CHAPTER 6 - ENFORCEMENT; PENALTIES

 

ARTICLE 1 - ENFORCEMENT

 

23-6-101. Arrest without warrant; when person arrested to be takenimmediately before a court.

 

Anygame warden, commissioner or other employee of the department designated by thecommission and any Wyoming law enforcement officer may arrest without warrantany person violating any provision of this act. If the offense charged ispunishable as a misdemeanor, the arrested person shall be taken immediatelybefore the nearest or most readily accessible court having jurisdiction of theoffense in the county where the offense is alleged to have been committedunless the officer accepts a written promise to appear at a later time or abond pursuant to W.S. 23-6-102.

 

23-6-102. Notice to appear in court; release upon written promise toappear; release upon posting bond.

 

(a) When the person arrested is not immediately taken beforethe proper court, the arresting officer shall prepare a citation in triplicate,giving written notice to appear in court, containing the name and address ofthe person arrested, the offense charged, and the time and place where theperson shall appear in court.

 

(b) The place specified in the citation must be before theproper court in the county in which the offense charged is alleged to have beencommitted.

 

(c) The arrested person, in order to secure release as providedin this section, must give his written promise to appear in court by signing atleast one (1) copy of the citation prepared by the arresting officer. Theofficer shall deliver one (1) copy of the citation to the person promising toappear. Thereupon the officer shall forthwith release the person arrested fromcustody.

 

(d) An arresting officer arresting any person for violation ofany provision of this act may instead of issuing a citation containing noticeto appear in court if the violator is not immediately taken before the propercourt, accept a bond posted in accordance with the bond schedule adopted by thecourt for delivery to the court.

 

(e) Any officer violating any of the provisions of this sectionis guilty of misconduct and is subject to removal from office.

 

23-6-103. Failure to obey citation; appearance by counsel; penalty.

 

(a) No person shall violate his written promise to appear givento any officer upon issuance of a game and fish citation regardless of thedisposition of the charge for which the citation was originally issued. Awritten promise to appear in court may be complied with by an appearance bycounsel.

 

(b) Violation of this section constitutes a low misdemeanorpunishable as provided in W.S. 23-6-202(a)(v).

 

23-6-104. Procedure prescribed herein not exclusive.

 

Theforegoing provisions shall apply to all arrests without a warrant forviolations of this act, but the procedures prescribed herein are not exclusiveof any other method prescribed by law for the arrest and prosecution of aperson for an offense of like grade.

 

23-6-105. Form for citations.

 

Thedepartment shall provide an appropriate form of game and fish citationscontaining the notice to appear which shall be issued in books with citationsin triplicate. The director or his designee is responsible for the issuance ofcitation books, shall maintain a record of every such book issued and eachcitation contained therein, and shall require and obtain a receipt for everybook issued.

 

23-6-106. Disposition and records of citations.

 

(a) Every person issuing a game and fish citation as hereinprovided shall deposit one (1) copy of the citation with the court havingjurisdiction over the alleged offense.

 

(b) Upon the deposit of a copy of the citation with the propercourt, the citation may be disposed of only by trial in that court, or otherofficial action by a judge of that court, including forfeiture of the bail.

 

(c) No person shall dispose of a game and fish citation orcopies thereof, or of the record of the issuance of a citation in a mannerother than as provided in this act.

 

(d) The director or his designee shall require the issuingofficer to return to him a copy of every game and fish citation issued to analleged violator of any provision of this act and all copies of every game andfish citation which have been spoiled or upon which any entry has been made andnot issued to an alleged violator.

 

(e) The director or his designee shall also maintain or causeto be maintained in connection with every game and fish citation issued arecord of the disposition of the charge by the court.

 

23-6-107. When citation deemed a lawful complaint.

 

Inthe event the form of citation provided hereunder includes information and issworn to as required under the general laws of this state in respect to acomplaint charging commission of the offense alleged in the citation to havebeen committed, then the citation when filed with the proper court is a lawfulcomplaint for the purpose of prosecution under this act.

 

23-6-108. Record of game and fish cases; report of convictions todepartment.

 

(a) Every judge of any court shall keep or cause to be kept arecord of every game and fish complaint, game and fish citation, or other legalform of game and fish charge deposited with or presented to the court, andshall keep a record of every official action by the court, including a recordof every conviction, forfeiture of bail, judgment of acquittal, and the amountof fine or forfeiture resulting from every such complaint or citation depositedwith or presented to the court.

 

(b) Within thirty (30) days after the conviction or forfeitureof bail of a person upon a charge of violating any provision of this act, thejudge or clerk of the court in which the conviction was had or bail wasforfeited, shall forward to the department a certified abstract of the recordof the court covering the case in which the person was convicted or forfeitedbail. The abstract shall be made upon a form furnished by the department andshall include the name and address of the party charged, the number of his gameor fish license, if any, the nature of the offense, the date of hearing, theplea, the judgment, or whether bail was forfeited, and the amount of fine,forfeiture or penalty imposed.

 

23-6-109. Search with or without warrant; confiscation and dispositionof wildlife.

 

(a) Any person authorized to enforce the provisions of this actmay seize and take into custody any wildlife which has been unlawfully taken orwhich is unlawfully in possession. Any wildlife so confiscated may be sold tothe best advantage and funds received credited to the Wyoming game and fishfund.

 

(b) Any person authorized to enforce the provisions of this actmay search without warrant, any camp, camp outfit, pack, pack outfit, packanimal, motor vehicle, boat, wagon or trailer for any wildlife which he hasprobable cause to believe was taken or is possessed unlawfully.

 

(c) Any person authorized to enforce the provisions of this actmay search with a search warrant any place or property for any wildlife whichhe may have probable cause to believe was taken or is possessed unlawfully.

 

23-6-110. Refusal to display proper license prima facie evidence ofguilt.

 

Anyperson taking any wildlife who fails or refuses upon demand of any personauthorized to enforce the provisions of this act to produce his proper licenseif a license is required for the wildlife taken, is prima facie evidence oftaking the particular wildlife without a license.

 

23-6-111. Inspection of premises or records .

 

Theowner or operator of any commercial operation or business permitted under thisact shall upon request of any department personnel exhibit the records requiredto be maintained by the commission and permit inspection of the premisespertaining to the business or operation, during reasonable business hours.

 

ARTICLE 2 - PENALTIES

 

23-6-201. Repealed By Laws 2007, Ch. 62, 2.

 

 

23-6-202. Fines and sentences.

 

(a) Any person who has been convicted of or pleaded guilty toany offense under this act may be fined, sentenced to the county jail, or both,as follows:

 

(i) Repealed By Laws 2007, Ch. 62, 2.

 

(ii) Up to ten thousand dollars ($10,000.00) to which may beadded imprisonment up to one (1) year when the offense is a high misdemeanor;

 

(iii) Repealed By Laws 2007, Ch. 62, 2.

 

(iv) Repealed By Laws 2007, Ch. 62, 2.

 

(v) Up to one thousand dollars ($1,000.00) to which may beadded imprisonment up to six (6) months when the offense is a low misdemeanor;

 

(vi) Repealed By Laws 2007, Ch. 62, 2.

 

(vii) Repealed By Laws 2007, Ch. 62, 2.

 

(viii) Repealed By Laws 2007, Ch. 62, 2.

 

(ix) Repealed By Laws 2007, Ch. 62, 2.

 

(x) Repealed By Laws 2007, Ch. 62, 2.

 

(xi) Repealed By Laws 2007, Ch. 62, 2.

 

23-6-203. Penalty for violations when no separate penalty provided.

 

Anyperson who violates or fails to comply with any provision of this act for whichno separate penalty is provided is guilty of a low misdemeanor punishable asprovided in W.S. 23-6-202(a)(v).

 

23-6-204. Penalty for violations generally.

 

(a) Repealed by Laws 1995, ch. 69, 2.

 

(b) Repealed by Laws 1995, ch. 69, 2.

 

(c) Any person who takes any remaining wildlife not specifiedin W.S. 23-3-102(a) or (d) except as permitted by this act and for which noseparate penalty is provided is guilty of a low misdemeanor punishable asprovided in W.S. 23-6-202(a)(v).

 

(d) In addition to any other penalty imposed under this act,any person who takes any wildlife for competition in any hunting or fishingevent at which rewards or prizes are offered as part of the competition and thewildlife is taken in violation of this act is guilty of a misdemeanor subjectto a fine of not less than two hundred dollars ($200.00) or two (2) times theamount of the competition reward or prize, whichever is greater.

 

(e) In addition to the penalties imposed under this section,any person violating this section may be required to make restitution to thestate for the value of the wildlife taken in violation of this act, in anamount determined by the court based upon the recommendation of the commission.Amounts collected under this subsection shall be paid to the account within thegame and fish fund under W.S. 23-1-501(e).

 

23-6-205. Accessory before or after the fact.

 

(a) A person who counsels or aids in a violation of anyprovision of this act or an order of the commission, or knowingly shares in anyof the proceeds of the violation by receiving or possessing any wildlife, isguilty of the violation which he counsels or aids, or the proceeds of which heknowingly shares.

 

(b) In any case where possession, transportation, buying, orselling of wildlife is unlawful solely because the taking was unlawful, thepossession, transportation, buying, or selling by a person other than a personguilty of the unlawful taking is punishable only if done with knowledge thatthe taking was unlawful.

 

23-6-206. Revocation of license; hunting after suspended license.

 

(a) The court may, in its discretion, revoke any license issuedunder this act to any person convicted of a violation of this act, for theremainder of the year in which the conviction occurs, and may suspend theperson's privilege to purchase or receive any other license under this act, orto take any wildlife for the following time periods provided in paragraphs (i)through (iii) and shall suspend the person's privilege to purchase or receiveany other license under this act for the time period provided in paragraph (iv)of this subsection:

 

(i) Not less than five (5) years for a conviction of anyviolation under W.S. 23-3-102(d);

 

(ii) Up to six (6) years for conviction of a high misdemeanor asprovided in W.S. 23-6-202(a)(ii);

 

(iii) Up to three (3) years for conviction of a low misdemeanoras provided in W.S. 23-6-202(a)(v);

 

(iv) Three (3) years for a conviction of any violation underW.S. 23-2-104(d).

 

(b) No person whose license has been forfeited or privilege topurchase another license suspended shall procure, purchase, or possess anotherlicense during the period of forfeiture or suspension. If the person procures,purchases, or possesses another license during such period, the license isinvalid and that person is not entitled to receive another license for up tosix (6) years next succeeding the original revocation or suspension period. Violation of this subsection constitutes a high misdemeanor punishable asprovided in W.S. 23-6-202(a)(ii).

 

(c) No person whose license has been forfeited or privilege topurchase another license suspended shall take any wildlife prohibited by thecourt during the period of forfeiture or suspension. If the person takes anywildlife prohibited by the court during such period, that person is notentitled to receive another license for up to six (6) years next succeeding theoriginal revocation or suspension period. Violation of this subsectionconstitutes a high misdemeanor punishable as provided in W.S. 23-6-202(a)(ii).

 

(d) The court may revoke the privileges of a person convictedof a violation of this act to purchase or receive any license or take anywildlife prohibited by the court until all fines, costs and restitution imposedby the court are satisfied. Any person who violates this subsection shall bepunished pursuant to subsection (c) of this section.

 

(e) "Conviction" means a determination of guilt byany Wyoming court having legal jurisdiction of the offense from which no appealis legally perfected. Pleas of nolo contendere and forfeitures of bail shall bedeemed convictions for the purposes of this act.

 

23-6-207. Revocation of license of commercial operation or business.

 

Thecommission may revoke the license of any commercial operation or business forany violation of this act or an order of the commission pertaining to hisbusiness or operation. The commission may refuse to issue another license toany person whose license is revoked under this section for any period of timeit deems desirable.

 

23-6-208. Forfeiture of devices and equipment used in taking gameillegally; procedure.

 

Devices and equipment, including any firearm, weapon,ammunition, trap, snare, vessel, motorized vehicle, aircraft, explosive,poisonous substance, electronic device or optical equipment, used in, or in aidof, a violation of W.S. 23-3-102(d) or 23-3-107 may be seized by any lawenforcement officer of the state after hearing and upon order issued by thecourt of original jurisdiction when the value of the devices or equipment isone thousand dollars ($1,000.00) or less or by the district court for thecounty in which the offense was charged when the value of the devices orequipment is more than one thousand dollars ($1,000.00). Any device orequipment seized under this section shall be forfeited to the state inaccordance with W.S. 7-2-105, provided the device or equipment is not subjectto forfeiture under this section by reason of any unlawful act committedwithout the knowledge or consent of the owner. A device or equipment seizedunder this section shall not be forfeited as provided under this section untilafter the person has been convicted under W.S. 23-3-102(d) or 23-3-107 and thetime for appeal has expired.

 

ARTICLE 3 - WILDLIFE VIOLATOR COMPACT

 

23-6-301. Short title.

 

Thisact shall be known and may be cited as the "Wildlife ViolatorCompact."

 

23-6-302. Execution of Compact.

 

Thelegislature hereby approves and the governor is authorized to enter into acompact on behalf of this state with any other state or states legally joiningtherein in the form substantially as follows:

 

ArticleI

 

Findings,Declaration of Policy and Purpose

 

(a) The participating statesfind that:

 

(i) Wildlife is managedby the respective states for the benefit of all residents and visitors;

 

(ii) The protection ofthe wildlife of a state is materially affected by the degree of compliance withstate statutes, laws, regulations, ordinances and administrative rules relatingto the management of those resources;

 

(iii) The preservation,protection, management and restoration of wildlife contributes immeasurably tothe aesthetic, recreational and economic aspects of those natural resources;

 

(iv) Wildlife isvaluable without regard to political boundaries; therefore, every person shouldbe required to comply with wildlife preservation, protection, management andrestoration laws and ordinances and administrative rules and regulations of theparticipating states as a condition precedent to the continuance or issuance ofany license to hunt, fish, trap or possess wildlife as determined by local law;

 

(v) Violation ofwildlife laws interferes with the management of wildlife and may endanger thesafety of persons and property;

 

(vi) The mobility ofmany wildlife law violators necessitates the maintenance of channels ofcommunication among the various states;

 

(vii) In mostinstances, a person who is cited for a wildlife violation in a state other thanhis home state:

 

(A) Is required to postcollateral or a bond to secure appearance for a trial at a later date;

 

(B) Is taken intocustody until the collateral or bond is posted; or

 

(C) Is taken directlyto court for an immediate appearance.

 

(viii) The purpose ofthe enforcement practices set forth in paragraph (vii) of this article is toensure compliance with the terms of a wildlife citation by the cited personwho, if permitted to continue on his way after receiving the citation, couldreturn to his home state and disregard his duty under the terms of thecitation;

 

(ix) In most instances,a person receiving a wildlife citation in his home state is permitted to acceptthe citation from the officer at the scene of the violation and immediatelycontinue on his way after agreeing or being instructed to comply with the termsof the citation;

 

(x) The practicesdescribed in paragraph (vii) of this article cause unnecessary inconvenienceand, at times, a hardship for the person who is unable at the time to postcollateral, furnish a bond, stand trial, or pay a fine, and thus is compelledto remain in custody until some alternative arrangement is made; and

 

(xi) The enforcementpractices described in paragraph (vii) of this article consume an undue amountof law enforcement time.

 

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

 

(i) Promote compliancewith the statutes, laws, ordinances, regulations and administrative rulesrelating to management of wildlife in their respective states;

 

(ii) Recognize thesuspension of wildlife license privileges of any person whose licenseprivileges have been suspended by a participating state and treat thesuspension as if it had occurred in their state;

 

(iii) Allow a violator,except as provided in subsection (b) of article III, to accept a wildlifecitation and, without delay, proceed on his way, whether or not a resident ofthe state in which the citation was issued, provided that the violator's homestate is party to this compact;

 

(iv) Report to theappropriate participating state, as provided in the compact manual, anyconviction recorded against any person whose home state was not the issuingstate;

 

(v) Allow the homestate to recognize and treat convictions recorded against its residents, whichconvictions occurred in a participating state, as though they had occurred inthe home state;

 

(vi) Extend cooperationto its fullest extent among the participating states for enforcing compliancewith the terms of a wildlife citation issued in one participating state to aresident of another participating state;

 

(vii) Maximizeeffective use of law enforcement personnel and information; and

 

(viii) Assist courtsystems in the efficient disposition of wildlife violations.

 

(c) The purpose of thiscompact is to:

 

(i) Provide a meansthrough which participating states may join in a reciprocal program toeffectuate the policies enumerated in subsection (b) of this article in auniform and orderly manner; and

 

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

 

ArticleII

 

Definitions

 

(a) As used in thiscompact, unless the context required otherwise:

 

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

 

(ii) "Collateral" means any cash or other security deposited to secure anappearance for trial in connection with the issuance by a wildlife officer orother peace officer of a citation for a wildlife violation;

 

(iii) "Compliance"with respect to a citation means the act of answering a citation through anappearance in a court or tribunal or through the payment of fines, costs andsurcharges, if any;

 

(iv) "Conviction" means a conviction, including any court conviction, forany offense related to the preservation, protection, management or restorationof wildlife which is prohibited by state statute, law, regulation, ordinance oradministrative rule, and such conviction shall also include the forfeiture ofany bail, bond or other security deposited to secure appearance by a personcharged with having committed any such offense, the payment of a penaltyassessment, a plea of nolo contendere and the imposition of a deferred orsuspended sentence by the court;

 

(v) "Court"means a court of law, including magistrate's court;

 

(vi) "Homestate" means the state of primary residence of a person;

 

(vii) "Issuingstate" means the participating state which issues a wildlife citation tothe violator;

 

(viii) "License" means any license, permit or other public document whichconveys 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;

 

(ix) "Licensingauthority" means the department or division within each participatingstate which is authorized by law to issue or approve licenses or permits tohunt, fish, trap or possess wildlife;

 

(x) "Participatingstate" means any state which enacts legislation to become a member of thiswildlife compact;

 

(xi) "Personalrecognizance" means an agreement by a person made at the time of issuanceof the wildlife citation that the person will comply with the terms of thecitation;

 

(xii) "State"means any state, territory or possession of the United States, the District ofColumbia, the Commonwealth of Puerto Rico, the Provinces of Canada and othercountries;

 

(xiii) "Suspension" means any revocation, denial or withdrawal of any or alllicense privileges, including the privilege to apply for, purchase or exercisethe benefits conferred by any license;

 

(xiv) "Terms ofthe citation" means those conditions and options expressly stated upon thecitation;

 

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

 

(xvi) "Wildlifelaw" means any statute, law, regulation, ordinance or administrative ruledeveloped and enacted for the management of wildlife resources and the usesthereof;

 

(xvii) "Wildlifeofficer" means any individual authorized by a participating state to issuea citation for a wildlife violation;

 

(xviii) "Wildlife violation"means any cited violation of a statute, law, regulation, ordinance oradministrative rule developed and enacted for the management of wildliferesources and the uses thereof.

 

ArticleIII

 

Proceduresfor Issuing State

 

(a) When issuing acitation for a wildlife violation, a wildlife officer shall issue a citation toany person whose primary residence is in a participating state in the samemanner as though the person were a resident of the issuing state and shall notrequire the person to post collateral to secure appearance, subject to theexceptions noted in subsection (b) of this article, if the officer receives therecognizance of the person that he will comply with the terms of the citation.

 

(b) Personalrecognizance is acceptable:

 

(i) If not prohibitedby local law or the compact manual; and

 

(ii) If the violatorprovides adequate proof of identification to the wildlife officer.

 

(c) Upon conviction orfailure of a person to comply with the terms of a wildlife citation, theappropriate official shall report the conviction or failure to comply to thelicensing authority of the participating state in which the wildlife citationwas issued. The report shall be made in accordance with procedures specifiedby the issuing state and shall contain information as specified in the compactmanual as minimum requirements for effective processing by the home state.

 

(d) Upon receipt of thereport of conviction or noncompliance pursuant to subsection (c) of thisarticle, the licensing authority of the issuing state shall transmit to thelicensing authority of the home state of the violator the information in formand content as prescribed in the compact manual.

 

ArticleIV

 

Procedurefor Home State

 

(a) Upon receipt of areport from the licensing authority of the issuing state reporting the failureof a violator to comply with the terms of a citation, the licensing authorityof the home state shall notify the violator and shall initiate a suspensionaction in accordance with the home state's suspension procedures and shallsuspend the violator's license privileges until satisfactory evidence ofcompliance with the terms of the wildlife citation has been furnished by theissuing state to the home state licensing authority. Due process safeguardsshall be accorded.

 

(b) Upon receipt of areport of conviction from the licensing authority of the issuing state, thelicensing authority of the home state shall enter the conviction in its recordsand shall treat the conviction as though it occurred in the home state for thepurposes of the suspension of license privileges.

 

(c) The licensingauthority of the home state shall maintain a record of actions taken and shallmake reports to issuing states as provided in the compact manual.

 

ArticleV

 

ReciprocalRecognition of Suspension

 

(a) All participatingstates shall recognize the suspension of license privileges of any person byany participating state as though the violation resulting in the suspension hadoccurred in their state and could have been the basis for suspension of licenseprivileges in their state.

 

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

 

ArticleVI

 

Applicabilityof Other Laws

 

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

 

ArticleVII

 

CompactAdministrator Procedures

 

(a) For the purpose ofadministering the provisions of this compact and to serve as a governing bodyfor the resolution of all matters relating to the operation of this compact, aboard of compact administrators is established. The board shall be composed ofone (1) representative from each of the participating states to be known as thecompact administrator. The compact administrator shall be appointed by thehead of the licensing authority of each participating state and shall serve andbe 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 theperformance of his functions as a board member by an alternate. An alternateshall not be entitled to serve unless written notification of his identity hasbeen given to the board.

 

(b) Each member of theboard of compact administrators shall be entitled to one (1) vote. No actionof the board shall be binding unless taken at a meeting at which a majority ofthe total number of the board's votes are cast in favor thereof. Action by theboard shall be only at a meeting at which a majority of the participatingstates are represented.

 

(c) The board shallelect annually from its membership a chairman and vice chairman.

 

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

 

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

 

(f) The board maycontract with, or accept services or personnel from, any governmental orintergovernmental agency, individual, firm, or corporation, or any privatenonprofit organization or institution.

 

(g) The board shallformulate all necessary procedures and develop uniform forms and documents foradministering the provisions of this compact. All procedures and forms adoptedpursuant to board action shall be contained in a compact manual.

 

ArticleVIII

 

Entryinto Compact and Withdrawal

 

(a) This compact shallbecome effective at such time as it is adopted in a substantially similar formby two (2) or more states.

 

(b) Entry into thecompact shall be made by resolution of ratification executed by the authorizedofficials of the applying state and submitted to the chairman of the board. Theresolution shall substantially be in the form and content as provided in thecompact manual and shall include the following:

 

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

 

(ii) An agreement ofcompliance with the terms and provisions of this compact; and

 

(iii) An agreement thatcompact entry is with all states participating in the compact and with alladditional states legally becoming a party to the compact.

 

(c) The effective dateof entry shall be specified by the applying state but shall not be less thansixty (60) days after notice has been given:

 

(i) By the chairman ofthe board of the compact administrators; or

 

(ii) By the secretariatof the board to each participating state that the resolution from the applyingstate has been received.

 

(d) A participatingstate may withdraw from participation in this compact by official writtennotice to each participating state, but withdrawal shall not become effectiveuntil ninety (90) days after the notice of withdrawal is given. The noticeshall be directed to the compact administrator of each member state. Nowithdrawal of any state shall affect the validity of this compact as to theremaining participating states.

 

ArticleIX

 

Amendmentsto the Compact

 

(a) This compact may beamended from time to time. Amendments shall be presented in resolution form tothe chairman of the board of compact administrators and shall be initiated byone (1) or more participating states.

 

(b) Adoption of anamendment shall require endorsement by all participating states and shallbecome effective thirty (30) days after the date of the last endorsement.

 

(c) A participatingstate shall respond to the compact chairman within one hundred twenty (120)days after receipt of a proposed amendment. Amendments proposed to changelocal law by the compact administrators shall be reviewed and approved by thelegislature.

 

23-6-303. Licensing authority; definition.

 

Asused in the compact, the term "licensing authority," with referenceto this state, means the Wyoming game and fish department. The director of thedepartment shall furnish to the appropriate authorities of the participatingstates any information or documents reasonably necessary to facilitate theadministration of the compact.

 

23-6-304. Compact administrator; expenses.

 

Thecompact administrator provided for in article VII of the "WildlifeViolator Compact" shall not be entitled to any additional compensation forhis service as the administrator but shall be entitled to expenses incurred inconnection with his duties and responsibilities as the administrator in thesame manner as for expenses incurred in connection with any other duties orresponsibilities of his office or employment.

 


State Codes and Statutes

State Codes and Statutes

Statutes > Wyoming > Title23 > Chapter6

CHAPTER 6 - ENFORCEMENT; PENALTIES

 

ARTICLE 1 - ENFORCEMENT

 

23-6-101. Arrest without warrant; when person arrested to be takenimmediately before a court.

 

Anygame warden, commissioner or other employee of the department designated by thecommission and any Wyoming law enforcement officer may arrest without warrantany person violating any provision of this act. If the offense charged ispunishable as a misdemeanor, the arrested person shall be taken immediatelybefore the nearest or most readily accessible court having jurisdiction of theoffense in the county where the offense is alleged to have been committedunless the officer accepts a written promise to appear at a later time or abond pursuant to W.S. 23-6-102.

 

23-6-102. Notice to appear in court; release upon written promise toappear; release upon posting bond.

 

(a) When the person arrested is not immediately taken beforethe proper court, the arresting officer shall prepare a citation in triplicate,giving written notice to appear in court, containing the name and address ofthe person arrested, the offense charged, and the time and place where theperson shall appear in court.

 

(b) The place specified in the citation must be before theproper court in the county in which the offense charged is alleged to have beencommitted.

 

(c) The arrested person, in order to secure release as providedin this section, must give his written promise to appear in court by signing atleast one (1) copy of the citation prepared by the arresting officer. Theofficer shall deliver one (1) copy of the citation to the person promising toappear. Thereupon the officer shall forthwith release the person arrested fromcustody.

 

(d) An arresting officer arresting any person for violation ofany provision of this act may instead of issuing a citation containing noticeto appear in court if the violator is not immediately taken before the propercourt, accept a bond posted in accordance with the bond schedule adopted by thecourt for delivery to the court.

 

(e) Any officer violating any of the provisions of this sectionis guilty of misconduct and is subject to removal from office.

 

23-6-103. Failure to obey citation; appearance by counsel; penalty.

 

(a) No person shall violate his written promise to appear givento any officer upon issuance of a game and fish citation regardless of thedisposition of the charge for which the citation was originally issued. Awritten promise to appear in court may be complied with by an appearance bycounsel.

 

(b) Violation of this section constitutes a low misdemeanorpunishable as provided in W.S. 23-6-202(a)(v).

 

23-6-104. Procedure prescribed herein not exclusive.

 

Theforegoing provisions shall apply to all arrests without a warrant forviolations of this act, but the procedures prescribed herein are not exclusiveof any other method prescribed by law for the arrest and prosecution of aperson for an offense of like grade.

 

23-6-105. Form for citations.

 

Thedepartment shall provide an appropriate form of game and fish citationscontaining the notice to appear which shall be issued in books with citationsin triplicate. The director or his designee is responsible for the issuance ofcitation books, shall maintain a record of every such book issued and eachcitation contained therein, and shall require and obtain a receipt for everybook issued.

 

23-6-106. Disposition and records of citations.

 

(a) Every person issuing a game and fish citation as hereinprovided shall deposit one (1) copy of the citation with the court havingjurisdiction over the alleged offense.

 

(b) Upon the deposit of a copy of the citation with the propercourt, the citation may be disposed of only by trial in that court, or otherofficial action by a judge of that court, including forfeiture of the bail.

 

(c) No person shall dispose of a game and fish citation orcopies thereof, or of the record of the issuance of a citation in a mannerother than as provided in this act.

 

(d) The director or his designee shall require the issuingofficer to return to him a copy of every game and fish citation issued to analleged violator of any provision of this act and all copies of every game andfish citation which have been spoiled or upon which any entry has been made andnot issued to an alleged violator.

 

(e) The director or his designee shall also maintain or causeto be maintained in connection with every game and fish citation issued arecord of the disposition of the charge by the court.

 

23-6-107. When citation deemed a lawful complaint.

 

Inthe event the form of citation provided hereunder includes information and issworn to as required under the general laws of this state in respect to acomplaint charging commission of the offense alleged in the citation to havebeen committed, then the citation when filed with the proper court is a lawfulcomplaint for the purpose of prosecution under this act.

 

23-6-108. Record of game and fish cases; report of convictions todepartment.

 

(a) Every judge of any court shall keep or cause to be kept arecord of every game and fish complaint, game and fish citation, or other legalform of game and fish charge deposited with or presented to the court, andshall keep a record of every official action by the court, including a recordof every conviction, forfeiture of bail, judgment of acquittal, and the amountof fine or forfeiture resulting from every such complaint or citation depositedwith or presented to the court.

 

(b) Within thirty (30) days after the conviction or forfeitureof bail of a person upon a charge of violating any provision of this act, thejudge or clerk of the court in which the conviction was had or bail wasforfeited, shall forward to the department a certified abstract of the recordof the court covering the case in which the person was convicted or forfeitedbail. The abstract shall be made upon a form furnished by the department andshall include the name and address of the party charged, the number of his gameor fish license, if any, the nature of the offense, the date of hearing, theplea, the judgment, or whether bail was forfeited, and the amount of fine,forfeiture or penalty imposed.

 

23-6-109. Search with or without warrant; confiscation and dispositionof wildlife.

 

(a) Any person authorized to enforce the provisions of this actmay seize and take into custody any wildlife which has been unlawfully taken orwhich is unlawfully in possession. Any wildlife so confiscated may be sold tothe best advantage and funds received credited to the Wyoming game and fishfund.

 

(b) Any person authorized to enforce the provisions of this actmay search without warrant, any camp, camp outfit, pack, pack outfit, packanimal, motor vehicle, boat, wagon or trailer for any wildlife which he hasprobable cause to believe was taken or is possessed unlawfully.

 

(c) Any person authorized to enforce the provisions of this actmay search with a search warrant any place or property for any wildlife whichhe may have probable cause to believe was taken or is possessed unlawfully.

 

23-6-110. Refusal to display proper license prima facie evidence ofguilt.

 

Anyperson taking any wildlife who fails or refuses upon demand of any personauthorized to enforce the provisions of this act to produce his proper licenseif a license is required for the wildlife taken, is prima facie evidence oftaking the particular wildlife without a license.

 

23-6-111. Inspection of premises or records .

 

Theowner or operator of any commercial operation or business permitted under thisact shall upon request of any department personnel exhibit the records requiredto be maintained by the commission and permit inspection of the premisespertaining to the business or operation, during reasonable business hours.

 

ARTICLE 2 - PENALTIES

 

23-6-201. Repealed By Laws 2007, Ch. 62, 2.

 

 

23-6-202. Fines and sentences.

 

(a) Any person who has been convicted of or pleaded guilty toany offense under this act may be fined, sentenced to the county jail, or both,as follows:

 

(i) Repealed By Laws 2007, Ch. 62, 2.

 

(ii) Up to ten thousand dollars ($10,000.00) to which may beadded imprisonment up to one (1) year when the offense is a high misdemeanor;

 

(iii) Repealed By Laws 2007, Ch. 62, 2.

 

(iv) Repealed By Laws 2007, Ch. 62, 2.

 

(v) Up to one thousand dollars ($1,000.00) to which may beadded imprisonment up to six (6) months when the offense is a low misdemeanor;

 

(vi) Repealed By Laws 2007, Ch. 62, 2.

 

(vii) Repealed By Laws 2007, Ch. 62, 2.

 

(viii) Repealed By Laws 2007, Ch. 62, 2.

 

(ix) Repealed By Laws 2007, Ch. 62, 2.

 

(x) Repealed By Laws 2007, Ch. 62, 2.

 

(xi) Repealed By Laws 2007, Ch. 62, 2.

 

23-6-203. Penalty for violations when no separate penalty provided.

 

Anyperson who violates or fails to comply with any provision of this act for whichno separate penalty is provided is guilty of a low misdemeanor punishable asprovided in W.S. 23-6-202(a)(v).

 

23-6-204. Penalty for violations generally.

 

(a) Repealed by Laws 1995, ch. 69, 2.

 

(b) Repealed by Laws 1995, ch. 69, 2.

 

(c) Any person who takes any remaining wildlife not specifiedin W.S. 23-3-102(a) or (d) except as permitted by this act and for which noseparate penalty is provided is guilty of a low misdemeanor punishable asprovided in W.S. 23-6-202(a)(v).

 

(d) In addition to any other penalty imposed under this act,any person who takes any wildlife for competition in any hunting or fishingevent at which rewards or prizes are offered as part of the competition and thewildlife is taken in violation of this act is guilty of a misdemeanor subjectto a fine of not less than two hundred dollars ($200.00) or two (2) times theamount of the competition reward or prize, whichever is greater.

 

(e) In addition to the penalties imposed under this section,any person violating this section may be required to make restitution to thestate for the value of the wildlife taken in violation of this act, in anamount determined by the court based upon the recommendation of the commission.Amounts collected under this subsection shall be paid to the account within thegame and fish fund under W.S. 23-1-501(e).

 

23-6-205. Accessory before or after the fact.

 

(a) A person who counsels or aids in a violation of anyprovision of this act or an order of the commission, or knowingly shares in anyof the proceeds of the violation by receiving or possessing any wildlife, isguilty of the violation which he counsels or aids, or the proceeds of which heknowingly shares.

 

(b) In any case where possession, transportation, buying, orselling of wildlife is unlawful solely because the taking was unlawful, thepossession, transportation, buying, or selling by a person other than a personguilty of the unlawful taking is punishable only if done with knowledge thatthe taking was unlawful.

 

23-6-206. Revocation of license; hunting after suspended license.

 

(a) The court may, in its discretion, revoke any license issuedunder this act to any person convicted of a violation of this act, for theremainder of the year in which the conviction occurs, and may suspend theperson's privilege to purchase or receive any other license under this act, orto take any wildlife for the following time periods provided in paragraphs (i)through (iii) and shall suspend the person's privilege to purchase or receiveany other license under this act for the time period provided in paragraph (iv)of this subsection:

 

(i) Not less than five (5) years for a conviction of anyviolation under W.S. 23-3-102(d);

 

(ii) Up to six (6) years for conviction of a high misdemeanor asprovided in W.S. 23-6-202(a)(ii);

 

(iii) Up to three (3) years for conviction of a low misdemeanoras provided in W.S. 23-6-202(a)(v);

 

(iv) Three (3) years for a conviction of any violation underW.S. 23-2-104(d).

 

(b) No person whose license has been forfeited or privilege topurchase another license suspended shall procure, purchase, or possess anotherlicense during the period of forfeiture or suspension. If the person procures,purchases, or possesses another license during such period, the license isinvalid and that person is not entitled to receive another license for up tosix (6) years next succeeding the original revocation or suspension period. Violation of this subsection constitutes a high misdemeanor punishable asprovided in W.S. 23-6-202(a)(ii).

 

(c) No person whose license has been forfeited or privilege topurchase another license suspended shall take any wildlife prohibited by thecourt during the period of forfeiture or suspension. If the person takes anywildlife prohibited by the court during such period, that person is notentitled to receive another license for up to six (6) years next succeeding theoriginal revocation or suspension period. Violation of this subsectionconstitutes a high misdemeanor punishable as provided in W.S. 23-6-202(a)(ii).

 

(d) The court may revoke the privileges of a person convictedof a violation of this act to purchase or receive any license or take anywildlife prohibited by the court until all fines, costs and restitution imposedby the court are satisfied. Any person who violates this subsection shall bepunished pursuant to subsection (c) of this section.

 

(e) "Conviction" means a determination of guilt byany Wyoming court having legal jurisdiction of the offense from which no appealis legally perfected. Pleas of nolo contendere and forfeitures of bail shall bedeemed convictions for the purposes of this act.

 

23-6-207. Revocation of license of commercial operation or business.

 

Thecommission may revoke the license of any commercial operation or business forany violation of this act or an order of the commission pertaining to hisbusiness or operation. The commission may refuse to issue another license toany person whose license is revoked under this section for any period of timeit deems desirable.

 

23-6-208. Forfeiture of devices and equipment used in taking gameillegally; procedure.

 

Devices and equipment, including any firearm, weapon,ammunition, trap, snare, vessel, motorized vehicle, aircraft, explosive,poisonous substance, electronic device or optical equipment, used in, or in aidof, a violation of W.S. 23-3-102(d) or 23-3-107 may be seized by any lawenforcement officer of the state after hearing and upon order issued by thecourt of original jurisdiction when the value of the devices or equipment isone thousand dollars ($1,000.00) or less or by the district court for thecounty in which the offense was charged when the value of the devices orequipment is more than one thousand dollars ($1,000.00). Any device orequipment seized under this section shall be forfeited to the state inaccordance with W.S. 7-2-105, provided the device or equipment is not subjectto forfeiture under this section by reason of any unlawful act committedwithout the knowledge or consent of the owner. A device or equipment seizedunder this section shall not be forfeited as provided under this section untilafter the person has been convicted under W.S. 23-3-102(d) or 23-3-107 and thetime for appeal has expired.

 

ARTICLE 3 - WILDLIFE VIOLATOR COMPACT

 

23-6-301. Short title.

 

Thisact shall be known and may be cited as the "Wildlife ViolatorCompact."

 

23-6-302. Execution of Compact.

 

Thelegislature hereby approves and the governor is authorized to enter into acompact on behalf of this state with any other state or states legally joiningtherein in the form substantially as follows:

 

ArticleI

 

Findings,Declaration of Policy and Purpose

 

(a) The participating statesfind that:

 

(i) Wildlife is managedby the respective states for the benefit of all residents and visitors;

 

(ii) The protection ofthe wildlife of a state is materially affected by the degree of compliance withstate statutes, laws, regulations, ordinances and administrative rules relatingto the management of those resources;

 

(iii) The preservation,protection, management and restoration of wildlife contributes immeasurably tothe aesthetic, recreational and economic aspects of those natural resources;

 

(iv) Wildlife isvaluable without regard to political boundaries; therefore, every person shouldbe required to comply with wildlife preservation, protection, management andrestoration laws and ordinances and administrative rules and regulations of theparticipating states as a condition precedent to the continuance or issuance ofany license to hunt, fish, trap or possess wildlife as determined by local law;

 

(v) Violation ofwildlife laws interferes with the management of wildlife and may endanger thesafety of persons and property;

 

(vi) The mobility ofmany wildlife law violators necessitates the maintenance of channels ofcommunication among the various states;

 

(vii) In mostinstances, a person who is cited for a wildlife violation in a state other thanhis home state:

 

(A) Is required to postcollateral or a bond to secure appearance for a trial at a later date;

 

(B) Is taken intocustody until the collateral or bond is posted; or

 

(C) Is taken directlyto court for an immediate appearance.

 

(viii) The purpose ofthe enforcement practices set forth in paragraph (vii) of this article is toensure compliance with the terms of a wildlife citation by the cited personwho, if permitted to continue on his way after receiving the citation, couldreturn to his home state and disregard his duty under the terms of thecitation;

 

(ix) In most instances,a person receiving a wildlife citation in his home state is permitted to acceptthe citation from the officer at the scene of the violation and immediatelycontinue on his way after agreeing or being instructed to comply with the termsof the citation;

 

(x) The practicesdescribed in paragraph (vii) of this article cause unnecessary inconvenienceand, at times, a hardship for the person who is unable at the time to postcollateral, furnish a bond, stand trial, or pay a fine, and thus is compelledto remain in custody until some alternative arrangement is made; and

 

(xi) The enforcementpractices described in paragraph (vii) of this article consume an undue amountof law enforcement time.

 

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

 

(i) Promote compliancewith the statutes, laws, ordinances, regulations and administrative rulesrelating to management of wildlife in their respective states;

 

(ii) Recognize thesuspension of wildlife license privileges of any person whose licenseprivileges have been suspended by a participating state and treat thesuspension as if it had occurred in their state;

 

(iii) Allow a violator,except as provided in subsection (b) of article III, to accept a wildlifecitation and, without delay, proceed on his way, whether or not a resident ofthe state in which the citation was issued, provided that the violator's homestate is party to this compact;

 

(iv) Report to theappropriate participating state, as provided in the compact manual, anyconviction recorded against any person whose home state was not the issuingstate;

 

(v) Allow the homestate to recognize and treat convictions recorded against its residents, whichconvictions occurred in a participating state, as though they had occurred inthe home state;

 

(vi) Extend cooperationto its fullest extent among the participating states for enforcing compliancewith the terms of a wildlife citation issued in one participating state to aresident of another participating state;

 

(vii) Maximizeeffective use of law enforcement personnel and information; and

 

(viii) Assist courtsystems in the efficient disposition of wildlife violations.

 

(c) The purpose of thiscompact is to:

 

(i) Provide a meansthrough which participating states may join in a reciprocal program toeffectuate the policies enumerated in subsection (b) of this article in auniform and orderly manner; and

 

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

 

ArticleII

 

Definitions

 

(a) As used in thiscompact, unless the context required otherwise:

 

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

 

(ii) "Collateral" means any cash or other security deposited to secure anappearance for trial in connection with the issuance by a wildlife officer orother peace officer of a citation for a wildlife violation;

 

(iii) "Compliance"with respect to a citation means the act of answering a citation through anappearance in a court or tribunal or through the payment of fines, costs andsurcharges, if any;

 

(iv) "Conviction" means a conviction, including any court conviction, forany offense related to the preservation, protection, management or restorationof wildlife which is prohibited by state statute, law, regulation, ordinance oradministrative rule, and such conviction shall also include the forfeiture ofany bail, bond or other security deposited to secure appearance by a personcharged with having committed any such offense, the payment of a penaltyassessment, a plea of nolo contendere and the imposition of a deferred orsuspended sentence by the court;

 

(v) "Court"means a court of law, including magistrate's court;

 

(vi) "Homestate" means the state of primary residence of a person;

 

(vii) "Issuingstate" means the participating state which issues a wildlife citation tothe violator;

 

(viii) "License" means any license, permit or other public document whichconveys 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;

 

(ix) "Licensingauthority" means the department or division within each participatingstate which is authorized by law to issue or approve licenses or permits tohunt, fish, trap or possess wildlife;

 

(x) "Participatingstate" means any state which enacts legislation to become a member of thiswildlife compact;

 

(xi) "Personalrecognizance" means an agreement by a person made at the time of issuanceof the wildlife citation that the person will comply with the terms of thecitation;

 

(xii) "State"means any state, territory or possession of the United States, the District ofColumbia, the Commonwealth of Puerto Rico, the Provinces of Canada and othercountries;

 

(xiii) "Suspension" means any revocation, denial or withdrawal of any or alllicense privileges, including the privilege to apply for, purchase or exercisethe benefits conferred by any license;

 

(xiv) "Terms ofthe citation" means those conditions and options expressly stated upon thecitation;

 

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

 

(xvi) "Wildlifelaw" means any statute, law, regulation, ordinance or administrative ruledeveloped and enacted for the management of wildlife resources and the usesthereof;

 

(xvii) "Wildlifeofficer" means any individual authorized by a participating state to issuea citation for a wildlife violation;

 

(xviii) "Wildlife violation"means any cited violation of a statute, law, regulation, ordinance oradministrative rule developed and enacted for the management of wildliferesources and the uses thereof.

 

ArticleIII

 

Proceduresfor Issuing State

 

(a) When issuing acitation for a wildlife violation, a wildlife officer shall issue a citation toany person whose primary residence is in a participating state in the samemanner as though the person were a resident of the issuing state and shall notrequire the person to post collateral to secure appearance, subject to theexceptions noted in subsection (b) of this article, if the officer receives therecognizance of the person that he will comply with the terms of the citation.

 

(b) Personalrecognizance is acceptable:

 

(i) If not prohibitedby local law or the compact manual; and

 

(ii) If the violatorprovides adequate proof of identification to the wildlife officer.

 

(c) Upon conviction orfailure of a person to comply with the terms of a wildlife citation, theappropriate official shall report the conviction or failure to comply to thelicensing authority of the participating state in which the wildlife citationwas issued. The report shall be made in accordance with procedures specifiedby the issuing state and shall contain information as specified in the compactmanual as minimum requirements for effective processing by the home state.

 

(d) Upon receipt of thereport of conviction or noncompliance pursuant to subsection (c) of thisarticle, the licensing authority of the issuing state shall transmit to thelicensing authority of the home state of the violator the information in formand content as prescribed in the compact manual.

 

ArticleIV

 

Procedurefor Home State

 

(a) Upon receipt of areport from the licensing authority of the issuing state reporting the failureof a violator to comply with the terms of a citation, the licensing authorityof the home state shall notify the violator and shall initiate a suspensionaction in accordance with the home state's suspension procedures and shallsuspend the violator's license privileges until satisfactory evidence ofcompliance with the terms of the wildlife citation has been furnished by theissuing state to the home state licensing authority. Due process safeguardsshall be accorded.

 

(b) Upon receipt of areport of conviction from the licensing authority of the issuing state, thelicensing authority of the home state shall enter the conviction in its recordsand shall treat the conviction as though it occurred in the home state for thepurposes of the suspension of license privileges.

 

(c) The licensingauthority of the home state shall maintain a record of actions taken and shallmake reports to issuing states as provided in the compact manual.

 

ArticleV

 

ReciprocalRecognition of Suspension

 

(a) All participatingstates shall recognize the suspension of license privileges of any person byany participating state as though the violation resulting in the suspension hadoccurred in their state and could have been the basis for suspension of licenseprivileges in their state.

 

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

 

ArticleVI

 

Applicabilityof Other Laws

 

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

 

ArticleVII

 

CompactAdministrator Procedures

 

(a) For the purpose ofadministering the provisions of this compact and to serve as a governing bodyfor the resolution of all matters relating to the operation of this compact, aboard of compact administrators is established. The board shall be composed ofone (1) representative from each of the participating states to be known as thecompact administrator. The compact administrator shall be appointed by thehead of the licensing authority of each participating state and shall serve andbe 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 theperformance of his functions as a board member by an alternate. An alternateshall not be entitled to serve unless written notification of his identity hasbeen given to the board.

 

(b) Each member of theboard of compact administrators shall be entitled to one (1) vote. No actionof the board shall be binding unless taken at a meeting at which a majority ofthe total number of the board's votes are cast in favor thereof. Action by theboard shall be only at a meeting at which a majority of the participatingstates are represented.

 

(c) The board shallelect annually from its membership a chairman and vice chairman.

 

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

 

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

 

(f) The board maycontract with, or accept services or personnel from, any governmental orintergovernmental agency, individual, firm, or corporation, or any privatenonprofit organization or institution.

 

(g) The board shallformulate all necessary procedures and develop uniform forms and documents foradministering the provisions of this compact. All procedures and forms adoptedpursuant to board action shall be contained in a compact manual.

 

ArticleVIII

 

Entryinto Compact and Withdrawal

 

(a) This compact shallbecome effective at such time as it is adopted in a substantially similar formby two (2) or more states.

 

(b) Entry into thecompact shall be made by resolution of ratification executed by the authorizedofficials of the applying state and submitted to the chairman of the board. Theresolution shall substantially be in the form and content as provided in thecompact manual and shall include the following:

 

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

 

(ii) An agreement ofcompliance with the terms and provisions of this compact; and

 

(iii) An agreement thatcompact entry is with all states participating in the compact and with alladditional states legally becoming a party to the compact.

 

(c) The effective dateof entry shall be specified by the applying state but shall not be less thansixty (60) days after notice has been given:

 

(i) By the chairman ofthe board of the compact administrators; or

 

(ii) By the secretariatof the board to each participating state that the resolution from the applyingstate has been received.

 

(d) A participatingstate may withdraw from participation in this compact by official writtennotice to each participating state, but withdrawal shall not become effectiveuntil ninety (90) days after the notice of withdrawal is given. The noticeshall be directed to the compact administrator of each member state. Nowithdrawal of any state shall affect the validity of this compact as to theremaining participating states.

 

ArticleIX

 

Amendmentsto the Compact

 

(a) This compact may beamended from time to time. Amendments shall be presented in resolution form tothe chairman of the board of compact administrators and shall be initiated byone (1) or more participating states.

 

(b) Adoption of anamendment shall require endorsement by all participating states and shallbecome effective thirty (30) days after the date of the last endorsement.

 

(c) A participatingstate shall respond to the compact chairman within one hundred twenty (120)days after receipt of a proposed amendment. Amendments proposed to changelocal law by the compact administrators shall be reviewed and approved by thelegislature.

 

23-6-303. Licensing authority; definition.

 

Asused in the compact, the term "licensing authority," with referenceto this state, means the Wyoming game and fish department. The director of thedepartment shall furnish to the appropriate authorities of the participatingstates any information or documents reasonably necessary to facilitate theadministration of the compact.

 

23-6-304. Compact administrator; expenses.

 

Thecompact administrator provided for in article VII of the "WildlifeViolator Compact" shall not be entitled to any additional compensation forhis service as the administrator but shall be entitled to expenses incurred inconnection with his duties and responsibilities as the administrator in thesame manner as for expenses incurred in connection with any other duties orresponsibilities of his office or employment.

 

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