N.Y. Environmental Conservation Law § 11-2503: Adoption and text of compact

§ 11-2503. Adoption and text of compact.

The interstate wildlife violator compact is adopted and enacted into

law as follows:

ARTICLE I

Findings, declaration of policy and purpose.

(a) The participating states find that:

(1) Wildlife resources are managed in trust by the respective states

for the benefit of all residents and visitors.

(2) The protection of the wildlife resources of a state is materially

affected by the degree of compliance with state statutes, laws,

regulations, ordinances and administrative rules relating to the

management of such resources.

(3) The preservation, protection, management and restoration of

wildlife contributes immeasurably to the aesthetic, recreational and

economic aspects of such natural resources.

(4) Wildlife resources are valuable without regard to political

boundaries; therefore, every person should be required to comply with

wildlife preservation, protection, management and restoration laws,

ordinances, and administrative rules and regulations of the

participating states as a condition precedent to the continuance or

issuance of any license to hunt, fish, trap or possess wildlife.

(5) Violation of wildlife laws interferes with the management of

wildlife resources and may endanger the safety of persons and property.

(6) The mobility of many wildlife law violators necessitates the

maintenance of channels of communication among the various states.

(7) In some states, a person who is cited for a wildlife violation in

a state other than his or her home state:

(i) Is required to post collateral or a bond to secure appearance for

a trial at a later date; or

(ii) Is taken into custody until the collateral or bond is posted; or

(iii) Is taken directly to court for an immediate appearance.

(8) The purpose of the enforcement practices set forth in paragraph 7

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

citation by the cited person who, if permitted to continue on his or her

way after receiving the citation, could return to his or her home state

and disregard his or her duty under the terms of the citation.

(9) In most instances, a person receiving a wildlife citation in his

or her home state is permitted to accept the citation from the officer

at the scene of the violation and immediately continue on his or her way

after agreeing or being instructed to comply with the terms of the

citation.

(10) The practices described in paragraph 7 of this subdivision cause

unnecessary inconvenience and, at times, a hardship for the person who

is unable at the time to post collateral, furnish a bond, stand trial or

pay a fine, and thus is compelled to remain in custody until some

alternative arrangement is made.

(11) The enforcement practices described in paragraph 7 of this

subdivision consume an undue amount of law enforcement time.

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

(1) Promote compliance with the statutes, laws, ordinances,

regulations and administrative rules relating to management of wildlife

resources in their respective states.

(2) Recognize the suspension of wildlife license privileges of any

person whose license privileges have been suspended by a participating

state and treat such suspension as if it had occurred in their state

provided the violation which resulted in the suspension could have been

the basis for suspension in their state.

(3) Allow a violator, except as provided in subdivision (b) of article

III of this compact, to accept a wildlife citation and, without delay,

proceed on his or her way, whether or not a resident of the state in

which the citation was issued, provided that the violator's home state

is party to this compact.

(4) Report to the appropriate participating state, as provided in the

compact manual, any conviction recorded against any person whose home

state was not the issuing state.

(5) Allow the home state to recognize and treat convictions recorded

against its residents, which convictions occurred in a participating

state, as though they had occurred in the home state.

(6) Extend cooperation to its fullest extent among the participating

states for enforcing compliance with the terms of a wildlife citation

issued in one participating state to a resident of another participating

state.

(7) Maximize effective use of law enforcement personnel and

information.

(8) Assist court systems in the efficient disposition of wildlife

violations.

(c) The purpose of this compact is to:

(1) Provide a means through which a participating state may join in a

reciprocal program to effectuate the policies enumerated in subdivision

(b) of this article in a uniform and orderly manner.

(2) Provide for the fair and impartial treatment of wildlife violators

operating within participating states in recognition of the violator's

right to due process and the sovereign status of a participating state.

ARTICLE II

Definitions. As used in this compact, unless the context requires

otherwise:

(a) "Citation" means any summons, complaint, summons and complaint,

ticket, penalty assessment or other official document issued to a person

by a wildlife officer or other peace officer for a wildlife violation

which contains an order requiring the person to respond.

(b) "Collateral" means any cash or other security deposited to secure

an appearance for trial in connection with the issuance by a wildlife

officer or other peace officer of a citation for a wildlife violation.

(c) "Compliance" with respect to a citation means the act of answering

a citation through an appearance in a court or tribunal, or through the

payment of fines, costs and surcharges, if any.

(d) "Conviction" means a conviction, including any court conviction,

for any offense related to the preservation, protection, management or

restoration of wildlife which is prohibited by state statute, law,

regulation, ordinance or administrative rule, and such conviction shall

also include the forfeiture of any bail, bond or other security

deposited to secure appearance by a person charged with having committed

any such offense, the payment of a penalty assessment, a plea of nolo

contendere and the imposition of a deferred or suspended sentence by the

court.

(e) "Court" means a court of law, including magistrate's court and the

justice of the peace court.

(f) "Home state" means the state of primary residence of a person.

(g) "Issuing state" means the participating state which issues a

wildlife citation to the violator.

(h) "License" means any license, permit or other public document which

conveys 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.

(i) "Licensing authority" means the department or division within each

participating state which is authorized by law to issue or approve

licenses or permits to hunt, fish, trap or possess wildlife.

(j) "Participating state" means any state which enacts legislation to

become a member of this wildlife compact.

(k) "Personal recognizance" means an agreement by a person made at the

time of issuance of the wildlife citation that such person will comply

with the terms of the citation.

(l) "State" means any state, territory or possession of the United

States, the District of Columbia, the Commonwealth of Puerto Rico, the

provinces of Canada and other countries.

(m) "Suspension" means any revocation, denial or withdrawal of any or

all license privileges, including the privilege to apply for, purchase

or exercise the benefits conferred by any license.

(n) "Terms of the citation" means those conditions and options

expressly stated upon the citation.

(o) "Wildlife" means all species of animals including, but not limited

to, mammals, birds, fish, reptiles, amphibians, mollusks and

crustaceans, which are defined as "wildlife" and are protected or

otherwise regulated by statute, law, regulation, ordinance or

administrative rule in a participating state. Species included in the

definition of "wildlife" vary from state to state and determination of

whether a species is "wildlife" for the purposes of this compact shall

be based on local law.

(p) "Wildlife law" means any statute, law, regulation, ordinance or

administrative rule developed and enacted for the management of wildlife

resources and the uses thereof.

(q) "Wildlife officer" means any individual authorized by a

participating state to issue a citation for a wildlife violation.

(r) "Wildlife violation" means any cited violation of a statute, law,

regulation, ordinance or administrative rule developed and enacted for

the management of wildlife resources and the uses thereof.

ARTICLE III

Procedures for issuing state.

(a) When issuing a citation for a wildlife violation, a wildlife

officer shall issue a citation to any person whose primary residence is

in a participating state in the same manner as though the person were a

resident of the issuing state and shall not require such person to post

collateral to secure appearance, subject to the exception noted in

subdivision (b) of this article, if the officer receives the

recognizance of such person that he will comply with the terms of the

citation.

(b) Personal recognizance is acceptable (1) if not prohibited by local

law or the compact manual and (2) if the violator provides adequate

proof of identification to the wildlife officer.

(c) Upon conviction or failure of a person to comply with the terms of

a wildlife citation, the appropriate official shall report the

conviction or failure to comply to the licensing authority of the

participating state in which the wildlife citation was issued. The

report shall be made in accordance with procedures specified by the

issuing state.

(d) Upon receipt of the report of conviction or noncompliance pursuant

to subdivision (c) of this article, the licensing authority of the

issuing state shall transmit to the licensing authority of the home

state of the violator the information in form and content as prescribed

in the compact manual.

ARTICLE IV

Procedure for home state.

(a) Upon receipt of a report from the licensing authority of the

issuing state reporting the failure of a violator to comply with the

terms of a citation, the licensing authority of the home state shall

notify the violator and shall initiate a suspension action in accordance

with the home state's suspension procedures and shall suspend the

violator's license privileges until satisfactory evidence of compliance

with the terms of the wildlife citation has been furnished by the

issuing state to the home state licensing authority. Due process

safeguards will be accorded.

(b) Upon receipt of a report of conviction from the licensing

authority of the issuing state, the licensing authority of the home

state shall enter such conviction in its records and shall treat such

conviction as though it occurred in the home state for the purposes of

the suspension of license privileges.

(c) The licensing authority of the home state shall maintain a record

of actions taken and shall make reports to issuing states.

ARTICLE V

Reciprocal recognition of suspension.

(a) All participating states shall recognize the suspension of license

privileges of any person by any participating state as though the

violation resulting in the suspension had occurred in their state and

could have been the basis for suspension of license privileges in their

state.

(b) Each participating state shall communicate suspension information

to other participating states in form and content as contained in the

compact manual.

ARTICLE VI

Applicability of other laws.

Except as expressly required by provisions of this compact, nothing

herein shall be construed to affect the right of any participating state

to apply any of its laws relating to license privileges to any person or

circumstance or to invalidate or prevent any agreement or other

cooperative arrangement between a participating state and a

nonparticipating state concerning wildlife law enforcement.

ARTICLE VII

Compact administrator procedures.

(a) For the purpose of administering the provisions of this compact

and to serve as a governing body for the resolution of all matters

relating to the operation of this compact, a board of compact

administrators is established. The board shall be composed of one

representative from each of the participating states to be known as the

compact administrator. The compact administrator shall be appointed by

the head of the licensing authority of each participating state and

shall serve and be subject to removal in accordance with the laws of the

state he or she represents. A compact administrator may provide for the

discharge of his or her duties and the performance of his or her

function as a board member by an alternate. An alternate shall not be

entitled to serve unless written notification of his or her identity has

been given to the board.

(b) Each member of the board of compact administrators shall be

entitled to one vote. No action of the board shall be binding unless

taken at a meeting at which a majority of the total number of the

board's votes are cast in favor thereof. Action by the board shall be

only at a meeting at which a majority of the participating states are

represented.

(c) The board shall elect annually from its membership a chair and

vice-chair.

(d) The board shall adopt bylaws not inconsistent with the provisions

of this compact or the laws of a participating state for the conduct of

its business and shall have the power to amend and rescind its bylaws.

(e) The board may accept for any of its purposes and functions under

this compact any and all donations and grants of monies, equipment,

supplies, materials and services conditional or otherwise, from any

state, the United States or any governmental agency, and may receive,

utilize and dispose of same.

(f) The board may contract with, or accept services or personnel from,

any governmental or intergovernmental agency, individual, firm or

corporation, or any private nonprofit organization or institution.

(g) The board shall formulate all necessary procedures and develop

uniform forms and documents for administering the provisions of this

compact. All procedures and forms adopted pursuant to board action shall

be contained in a compact manual.

ARTICLE VIII

Entry into compact and withdrawal.

(a) This compact shall become effective at such time as it is adopted

in a substantially similar form by two or more states.

(b) (1) Entry into the compact shall be made by resolution of

ratification executed by the authorized officials of the applying state

and submitted to the chair of the board.

(2) The resolution shall substantially be in the form and content as

provided in the compact manual and shall include the following:

(i) A citation of the authority from which the state is empowered to

become a party to this compact; and

(ii) An agreement of compliance with the terms and provisions of this

compact.

(3) The effective date of entry shall be specified by the applying

state but shall not be less than sixty days after notice has been given

(i) by the chair of the board of the compact administrators or (ii) by

the secretary of the board to each participating state that the

resolution from the applying state has been received.

(c) A participating state may withdraw from participation in this

compact by official written notice to each participating state, but

withdrawal shall not become effective until ninety days after the notice

of withdrawal is given. The notice shall be directed to the compact

administrator of each member state. No withdrawal of any state shall

affect the validity of this compact as to the remaining participating

states.

ARTICLE IX

Amendments to the compact.

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

presented in resolution form to the chair of the board of compact

administrators and shall be initiated by one or more participating

states.

(b) Adoption of an amendment shall require endorsement by all

participating states and shall become effective thirty days after the

date of the last endorsement.

ARTICLE X

Construction and severability.

This compact shall be liberally construed so as to effectuate the

purposes stated herein. The provisions of this compact shall be

severable and if any phrase, clause, sentence or provision of this

compact is declared to be contrary to the constitution of any

participating state or of the United States, or the applicability

thereof to any government, agency, individual or circumstance is held

invalid, the validity of the remainder of this compact shall not be

affected thereby. If this compact shall be held contrary to the

constitution of any participating state, the compact shall remain in

full force and effect as to the remaining states and in full force and

effect as to the participating state affected as to all severable

matters.

ARTICLE XI

Administration; expenses.

(a) The department of environmental conservation is designated as the

licensing authority in this state for purposes of this compact. The

commissioner of the department of environmental conservation shall

furnish to the appropriate authorities of the participating states any

information or documents reasonably necessary to facilitate the

administration of this compact.

(b) The compact administrator from this state is not entitled to any

additional compensation for his or her service as such but is eligible

for reimbursement for expenses incurred in connection with his or her

responsibilities as compact administrator in the same manner as expenses

incurred in connection with other responsibilities of his or her office

or employment.