§ 11-2503 — Adoption and text of compact

New York § 11-2503

• Jurisdiction: New York
• Law ENV: Environmental Conservation
• Title 25: Interstate Wildlife Violator Compact
• Art. 11: Fish and Wildlife

Text

§ 11-2503. Adoption and text of compact.\n The interstate wildlife violator compact is adopted and enacted into\nlaw as follows:\n ARTICLE I\n Findings, declaration of policy and purpose.\n (a) The participating states find that:\n (1) Wildlife resources are managed in trust by the respective states\nfor the benefit of all residents and visitors.\n (2) The protection of the wildlife resources of a state is materially\naffected by the degree of compliance with state statutes, laws,\nregulations, ordinances and administrative rules relating to the\nmanagement of such resources.\n (3) The preservation, protection, management and restoration of\nwildlife contributes immeasurably to the aesthetic, recreational and\neconomic aspects of such natural resources.\n (4) Wildlife resources are valuable without regard to political\nboundaries; therefore, every person should be required to comply with\nwildlife preservation, protection, management and restoration laws,\nordinances, and administrative rules and regulations of the\nparticipating states as a condition precedent to the continuance or\nissuance of any license to hunt, fish, trap or possess wildlife.\n (5) Violation of wildlife laws interferes with the management of\nwildlife resources and may endanger the safety of persons and property.\n (6) The mobility of many wildlife law violators necessitates the\nmaintenance of channels of communication among the various states.\n (7) In some states, a person who is cited for a wildlife violation in\na state other than his or her home state:\n (i) Is required to post collateral or a bond to secure appearance for\na trial at a later date; or\n (ii) Is taken into custody until the collateral or bond is posted; or\n (iii) Is taken directly to court for an immediate appearance.\n (8) The purpose of the enforcement practices set forth in paragraph 7\nof this subdivision is to ensure compliance with the terms of a wildlife\ncitation by the cited person who, if permitted to continue on his or her\nway after receiving the citation, could return to his or her home state\nand disregard his or her duty under the terms of the citation.\n (9) In most instances, a person receiving a wildlife citation in his\nor her home state is permitted to accept the citation from the officer\nat the scene of the violation and immediately continue on his or her way\nafter agreeing or being instructed to comply with the terms of the\ncitation.\n (10) The practices described in paragraph 7 of this subdivision cause\nunnecessary inconvenience and, at times, a hardship for the person who\nis unable at the time to post collateral, furnish a bond, stand trial or\npay a fine, and thus is compelled to remain in custody until some\nalternative arrangement is made.\n (11) The enforcement practices described in paragraph 7 of this\nsubdivision consume an undue amount of law enforcement time.\n (b) It is the policy of the participating states to:\n (1) Promote compliance with the statutes, laws, ordinances,\nregulations and administrative rules relating to management of wildlife\nresources in their respective states.\n (2) Recognize the suspension of wildlife license privileges of any\nperson whose license privileges have been suspended by a participating\nstate and treat such suspension as if it had occurred in their state\nprovided the violation which resulted in the suspension could have been\nthe basis for suspension in their state.\n (3) Allow a violator, except as provided in subdivision (b) of article\nIII of this compact, to accept a wildlife citation and, without delay,\nproceed on his or her way, whether or not a resident of the state in\nwhich the citation was issued, provided that the violator's home state\nis party to this compact.\n (4) Report to the appropriate participating state, as provided in the\ncompact manual, any conviction recorded against any person whose home\nstate was not the issuing state.\n (5) Allow the home state to recognize and treat convictions recorded\nagainst its residents, which convictions occurred in a participating\nstate, as though they had occurred in the home state.\n (6) Extend cooperation to its fullest extent among the participating\nstates for enforcing compliance with the terms of a wildlife citation\nissued in one participating state to a resident of another participating\nstate.\n (7) Maximize effective use of law enforcement personnel and\ninformation.\n (8) Assist court systems in the efficient disposition of wildlife\nviolations.\n (c) The purpose of this compact is to:\n (1) Provide a means through which a participating state may join in a\nreciprocal program to effectuate the policies enumerated in subdivision\n(b) of this article in a uniform and orderly manner.\n (2) Provide for the fair and impartial treatment of wildlife violators\noperating within participating states in recognition of the violator's\nright to due process and the sovereign status of a participating state.\n ARTICLE II\n Definitions. As used in this compact, unless the context requires\notherwise:\n (a) "Citation" means any summons, complaint, summons and complaint,\nticket, penalty assessment or other official document issued to a person\nby a wildlife officer or other peace officer for a wildlife violation\nwhich contains an order requiring the person to respond.\n (b) "Collateral" means any cash or other security deposited to secure\nan appearance for trial in connection with the issuance by a wildlife\nofficer or other peace officer of a citation for a wildlife violation.\n (c) "Compliance" with respect to a citation means the act of answering\na citation through an appearance in a court or tribunal, or through the\npayment of fines, costs and surcharges, if any.\n (d) "Conviction" means a conviction, including any court conviction,\nfor any offense related to the preservation, protection, management or\nrestoration of wildlife which is prohibited by state statute, law,\nregulation, ordinance or administrative rule, and such conviction shall\nalso include the forfeiture of any bail, bond or other security\ndeposited to secure appearance by a person charged with having committed\nany such offense, the payment of a penalty assessment, a plea of nolo\ncontendere and the imposition of a deferred or suspended sentence by the\ncourt.\n (e) "Court" means a court of law, including magistrate's court and the\njustice of the peace court.\n (f) "Home state" means the state of primary residence of a person.\n (g) "Issuing state" means the participating state which issues a\nwildlife citation to the violator.\n (h) "License" means any license, permit or other public document which\nconveys to the person to whom it was issued the privilege of pursuing,\npossessing or taking any wildlife regulated by statute, law, regulation,\nordinance or administrative rule of a participating state.\n (i) "Licensing authority" means the department or division within each\nparticipating state which is authorized by law to issue or approve\nlicenses or permits to hunt, fish, trap or possess wildlife.\n (j) "Participating state" means any state which enacts legislation to\nbecome a member of this wildlife compact.\n (k) "Personal recognizance" means an agreement by a person made at the\ntime of issuance of the wildlife citation that such person will comply\nwith the terms of the citation.\n (l) "State" means any state, territory or possession of the United\nStates, the District of Columbia, the Commonwealth of Puerto Rico, the\nprovinces of Canada and other countries.\n (m) "Suspension" means any revocation, denial or withdrawal of any or\nall license privileges, including the privilege to apply for, purchase\nor exercise the benefits conferred by any license.\n (n) "Terms of the citation" means those conditions and options\nexpressly stated upon the citation.\n (o) "Wildlife" means all species of animals including, but not limited\nto, mammals, birds, fish, reptiles, amphibians, mollusks and\ncrustaceans, which are defined as "wildlife" and are protected or\notherwise regulated by statute, law, regulation, ordinance or\nadministrative rule in a participating state. Species included in the\ndefinition of "wildlife" vary from state to state and determination of\nwhether a species is "wildlife" for the purposes of this compact shall\nbe based on local law.\n (p) "Wildlife law" means any statute, law, regulation, ordinance or\nadministrative rule developed and enacted for the management of wildlife\nresources and the uses thereof.\n (q) "Wildlife officer" means any individual authorized by a\nparticipating state to issue a citation for a wildlife violation.\n (r) "Wildlife violation" means any cited violation of a statute, law,\nregulation, ordinance or administrative rule developed and enacted for\nthe management of wildlife resources and the uses thereof.\n ARTICLE III\n Procedures for issuing state.\n (a) When issuing a citation for a wildlife violation, a wildlife\nofficer shall issue a citation to any person whose primary residence is\nin a participating state in the same manner as though the person were a\nresident of the issuing state and shall not require such person to post\ncollateral to secure appearance, subject to the exception noted in\nsubdivision (b) of this article, if the officer receives the\nrecognizance of such person that he will comply with the terms of the\ncitation.\n (b) Personal recognizance is acceptable (1) if not prohibited by local\nlaw or the compact manual and (2) if the violator provides adequate\nproof of identification to the wildlife officer.\n (c) Upon conviction or failure of a person to comply with the terms of\na wildlife citation, the appropriate official shall report the\nconviction or failure to comply to the licensing authority of the\nparticipating state in which the wildlife citation was issued. The\nreport shall be made in accordance with procedures specified by the\nissuing state.\n (d) Upon receipt of the report of conviction or noncompliance pursuant\nto subdivision (c) of this article, the licensing authority of the\nissuing state shall transmit to the licensing authority of the home\nstate of the violator the information in form and content as prescribed\nin the compact manual.\n ARTICLE IV\n Procedure for home state.\n (a) Upon receipt of a report from the licensing authority of the\nissuing state reporting the failure of a violator to comply with the\nterms of a citation, the licensing authority of the home state shall\nnotify the violator and shall initiate a suspension action in accordance\nwith the home state's suspension procedures and shall suspend the\nviolator's license privileges until satisfactory evidence of compliance\nwith the terms of the wildlife citation has been furnished by the\nissuing state to the home state licensing authority. Due process\nsafeguards will be accorded.\n (b) Upon receipt of a report of conviction from the licensing\nauthority of the issuing state, the licensing authority of the home\nstate shall enter such conviction in its records and shall treat such\nconviction as though it occurred in the home state for the purposes of\nthe suspension of license privileges.\n (c) The licensing authority of the home state shall maintain a record\nof actions taken and shall make reports to issuing states.\n ARTICLE V\n Reciprocal recognition of suspension.\n (a) All participating states shall recognize the suspension of license\nprivileges of any person by any participating state as though the\nviolation resulting in the suspension had occurred in their state and\ncould have been the basis for suspension of license privileges in their\nstate.\n (b) Each participating state shall communicate suspension information\nto other participating states in form and content as contained in the\ncompact manual.\n ARTICLE VI\n Applicability of other laws.\n Except as expressly required by provisions of this compact, nothing\nherein shall be construed to affect the right of any participating state\nto apply any of its laws relating to license privileges to any person or\ncircumstance or to invalidate or prevent any agreement or other\ncooperative arrangement between a participating state and a\nnonparticipating state concerning wildlife law enforcement.\n ARTICLE VII\n Compact administrator procedures.\n (a) For the purpose of administering the provisions of this compact\nand to serve as a governing body for the resolution of all matters\nrelating to the operation of this compact, a board of compact\nadministrators is established. The board shall be composed of one\nrepresentative from each of the participating states to be known as the\ncompact administrator. The compact administrator shall be appointed by\nthe head of the licensing authority of each participating state and\nshall serve and be subject to removal in accordance with the laws of the\nstate he or she represents. A compact administrator may provide for the\ndischarge of his or her duties and the performance of his or her\nfunction as a board member by an alternate. An alternate shall not be\nentitled to serve unless written notification of his or her identity has\nbeen given to the board.\n (b) Each member of the board of compact administrators shall be\nentitled to one vote. No action of the board shall be binding unless\ntaken at a meeting at which a majority of the total number of the\nboard's votes are cast in favor thereof. Action by the board shall be\nonly at a meeting at which a majority of the participating states are\nrepresented.\n (c) The board shall elect annually from its membership a chair and\nvice-chair.\n (d) The board shall adopt bylaws not inconsistent with the provisions\nof this compact or the laws of a participating state for the conduct of\nits business and shall have the power to amend and rescind its bylaws.\n (e) The board may accept for any of its purposes and functions under\nthis compact any and all donations and grants of monies, equipment,\nsupplies, materials and services conditional or otherwise, from any\nstate, the United States or any governmental agency, and may receive,\nutilize and dispose of same.\n (f) The board may contract with, or accept services or personnel from,\nany governmental or intergovernmental agency, individual, firm or\ncorporation, or any private nonprofit organization or institution.\n (g) The board shall formulate all necessary procedures and develop\nuniform forms and documents for administering the provisions of this\ncompact. All procedures and forms adopted pursuant to board action shall\nbe contained in a compact manual.\n ARTICLE VIII\n Entry into compact and withdrawal.\n (a) This compact shall become effective at such time as it is adopted\nin a substantially similar form by two or more states.\n (b) (1) Entry into the compact shall be made by resolution of\nratification executed by the authorized officials of the applying state\nand submitted to the chair of the board.\n (2) The resolution shall substantially be in the form and content as\nprovided in the compact manual and shall include the following:\n (i) A citation of the authority from which the state is empowered to\nbecome a party to this compact; and\n (ii) An agreement of compliance with the terms and provisions of this\ncompact.\n (3) The effective date of entry shall be specified by the applying\nstate but shall not be less than sixty days after notice has been given\n(i) by the chair of the board of the compact administrators or (ii) by\nthe secretary of the board to each participating state that the\nresolution from the applying state has been received.\n (c) A participating state may withdraw from participation in this\ncompact by official written notice to each participating state, but\nwithdrawal shall not become effective until ninety days after the notice\nof withdrawal is given. The notice shall be directed to the compact\nadministrator of each member state. No withdrawal of any state shall\naffect the validity of this compact as to the remaining participating\nstates.\n ARTICLE IX\n Amendments to the compact.\n (a) This compact may be amended from time to time. Amendments shall be\npresented in resolution form to the chair of the board of compact\nadministrators and shall be initiated by one or more participating\nstates.\n (b) Adoption of an amendment shall require endorsement by all\nparticipating states and shall become effective thirty days after the\ndate of the last endorsement.\n ARTICLE X\n Construction and severability.\n This compact shall be liberally construed so as to effectuate the\npurposes stated herein. The provisions of this compact shall be\nseverable and if any phrase, clause, sentence or provision of this\ncompact is declared to be contrary to the constitution of any\nparticipating state or of the United States, or the applicability\nthereof to any government, agency, individual or circumstance is held\ninvalid, the validity of the remainder of this compact shall not be\naffected thereby. If this compact shall be held contrary to the\nconstitution of any participating state, the compact shall remain in\nfull force and effect as to the remaining states and in full force and\neffect as to the participating state affected as to all severable\nmatters.\n ARTICLE XI\n Administration; expenses.\n (a) The department of environmental conservation is designated as the\nlicensing authority in this state for purposes of this compact. The\ncommissioner of the department of environmental conservation shall\nfurnish to the appropriate authorities of the participating states any\ninformation or documents reasonably necessary to facilitate the\nadministration of this compact.\n (b) The compact administrator from this state is not entitled to any\nadditional compensation for his or her service as such but is eligible\nfor reimbursement for expenses incurred in connection with his or her\nresponsibilities as compact administrator in the same manner as expenses\nincurred in connection with other responsibilities of his or her office\nor employment.\n