Fish and Game Code - Chapter 1.5 of Division 2; Department of Fish and Wildlife - Wildlife Violator Compact (secs. 716 - 717.2)

FISH AND GAME CODE - FGC DIVISION 2. DEPARTMENT OF FISH AND WILDLIFE [700 - 1940] ( Heading of Division 2 amended by Stats. 2015, Ch. 154, Sec. 21. ) CHAPTER 1.5. Wildlife Violator Compact [716 - 717.2] ( Chapter 1.5 added by Stats. 2001, Ch. 398, Sec. 3. ) ARTICLE 1. General Provisions [716 - 716.2] ( Article 1 added by Stats. 2001, Ch. 398, Sec. 3. ) 716. The Wildlife Violator Compact is hereby enacted into law and entered into with all other participating states. (Added by Stats. 2001, Ch. 398, Sec. 3. Effective January 1, 2002. Compact effective as prescribed in Section 716.9.) 716.1. It is the policy of this state in entering into the compact to do all of the following: (a) Promote compliance with the statutes, ordinances, and administrative rules and regulations relating to the management of wildlife resources in this state. (b) Recognize the suspension of wildlife license privileges of any person whose license privileges have been suspended by a participating state and treat that suspension as if it had occurred in the licensee’s home state if the violation that resulted in the suspension could have been the basis for suspension in the home state. (c) Allow a violator, except as provided in subdivision (b) of Section 716.4, to accept a wildlife citation and, without delay or detention, proceed on his or her way whether or not the violator is a resident of the state in which the citation was issued, if the violator’s home state is a party to this compact. (d) Report to the appropriate participating states, as provided in the compact manual, any conviction recorded against any person whose home state was not the issuing state. (e) Allow the home state to recognize and treat convictions recorded against its residents, if those convictions occurred in a participating state, as though they had occurred in the home state. (f) 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. (g) Maximize effective use of law enforcement personnel and information. (h) Assist court systems in the efficient disposition of wildlife violations. javascript:submitCodesValues('716.','4.2.1','2001','398','3',%20'id 6ad418bb-291f-11d9-b345-da121e20f3eb') javascript:submitCodesValues('716.1.','4.2.1','2001','398','3',%20'id 6ad418bd-291f-11d9-b345-da121e20f3eb') (Added by Stats. 2001, Ch. 398, Sec. 3. Effective January 1, 2002. Compact effective as prescribed in Section 716.9.) 716.2. The purposes of this chapter include both of the following: (a) To provide a means by which participating states may join in a reciprocal program to effectuate the policies enumerated in Section 716.1 in a uniform and orderly manner. (b) To 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 the participating states. (Added by Stats. 2001, Ch. 398, Sec. 3. Effective January 1, 2002. Compact effective as prescribed in Section 716.9.) ARTICLE 2. Definitions [716.3- 716.3.] ( Article 2 added by Stats. 2001, Ch. 398, Sec. 3. ) 716.3. For purposes of this chapter, the following terms have the following meanings: (a) “Board” means the board of compact administrators established pursuant to Section 716.8. (b) “Citation” means any summons, complaint, ticket, penalty assessment, or other official document issued to a person by a wildlife officer or other peace officer for a wildlife violation pertaining to sport fishing, hunting, or trapping, which contains an order requiring the person to respond. (c) “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. (d) “Compact manual” is a manual used and adopted by the participating states that prescribes the procedures to be followed in administering the wildlife violator compact in participating states. (e) “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, penalties, costs, and surcharges, if any. (f) “Conviction” means a conviction, including, but not limited to, any court conviction for an offense related to sport fishing, hunting, or trapping, that is prohibited by statute, ordinance, or administrative rule or regulation, that involves the forfeiture of any bail, bond, or other security deposited to secure appearance by a person charged with having committed any such offense, the javascript:submitCodesValues('716.2.','4.2.1','2001','398','3',%20'id 6ad418bf-291f-11d9-b345-da121e20f3eb') javascript:submitCodesValues('716.3.','4.2.2','2015','154','24',%20'id e95956ec-a8f8-11e5-8711-995af6b52998') payment of a penalty assessment, a plea of nolo contendere, and the imposition of a deferred or suspended sentence by the court. (g) “Court” means a court of law, including magistrate’s court and the justice of the peace court. (h) “Home state” means the state of primary residence of a person. (i) “Issuing state” means the participating state that issues a wildlife citation to the violator. (j) “License” means any license, permit, entitlement to use, or other public document that conveys to the person to whom it is issued the privilege of sport fishing, hunting, or trapping, that is regulated by statute, ordinance, or administrative rule or regulation of a participating state. (k) “Licensing authority,” with reference to this state, means the department, which is the state agency authorized by law to issue or approve licenses or permits to sport fish, hunt, or trap. (l) “Participating state” means any state that enacts legislation to become a member of the wildlife compact. (m) “Personal recognizance” means an agreement by a person made at the time of issuance of the wildlife citation that the person will comply with the terms of the citation. (n) “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. (o) “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 for sport fishing, hunting, or trapping. (p) “Terms of the citation” means those conditions and options expressly stated upon a citation. (q) “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, ordinance, or administrative rule or regulation in a participating state. The species included in the definition of “wildlife” vary from state to state and the determination of whether a species is “wildlife” for the purposes of this compact shall be based on the law of the participating state. (r) “Wildlife law” means any statute, regulation, ordinance, or administrative rule or regulation developed and enacted for the management of wildlife resources and the uses thereof. (s) “Wildlife officer” means any individual authorized in this state to issue a citation for a wildlife violation. (t) “Wildlife violation” means the violation of a statute, ordinance, or administrative rule or regulation developed and enacted for the management of wildlife resources and the uses thereof pertaining to sport fishing, hunting, and trapping and for which a prosecution is initiated. (Amended by Stats. 2015, Ch. 154, Sec. 24. Effective January 1, 2016. Compact effective as prescribed in Section 716.9.) ARTICLE 3. Issuing State Violation Procedures [716.4- 716.4.] ( Article 3 added by Stats. 2001, Ch. 398, Sec. 3. ) 716.4. (a) Notwithstanding any other provision of law, when issuing a citation for a wildlife violation for purposes of this chapter, a wildlife officer of the issuing state may 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 that person to post collateral to secure appearance, except as provided in subdivision (b), if the officer receives the personal recognizance of the person that he or she will comply with the terms of the citation. (b) Personal recognizance is acceptable unless prohibited by ordinance of a city or county, the policy of the issuing agency, a procedure or regulation, or by the compact manual, and only 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 wildlife officer 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, and shall contain information as prescribed in the compact manual. (d) Upon receipt of the report of conviction or noncompliance pursuant to subdivision (c), the licensing authority of the issuing state shall transmit to the licensing authority of the home state of the violator the information in the form and content prescribed in the compact manual. (Added by Stats. 2001, Ch. 398, Sec. 3. Effective January 1, 2002. Compact effective as prescribed in Section 716.9.) ARTICLE 4. Home State Procedures [716.5- 716.5.] ( Article 4 added by Stats. 2001, Ch. 398, Sec. 3. ) 716.5. javascript:submitCodesValues('716.4.','4.2.3','2001','398','3',%20'id 6ad59f67-291f-11d9-b345-da121e20f3eb') javascript:submitCodesValues('716.5.','4.2.4','2001','398','3',%20'id 6ad7260b-291f-11d9-b345-da121e20f3eb') (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 shall notify the violator and shall initiate a suspension action. The licensing authority shall suspend the violator’s license privileges, in accordance with the requirements of due process, until satisfactory evidence of compliance with the terms of the wildlife citation has been furnished to the licensing authority. (b) Upon receipt of a report of conviction from the licensing authority of the issuing state, the licensing authority of the home state may enter that conviction in its records and may treat the conviction as though it occurred in the home state for the purposes of the suspension of license privileges, if the violation that resulted in the conviction would constitute a wildlife violation in the home state. (c) The licensing authority of the home state shall maintain a record of actions taken and shall make reports to issuing states as provided in the compact manual. (Added by Stats. 2001, Ch. 398, Sec. 3. Effective January 1, 2002. Compact effective as prescribed in Section 716.9.) \RTICLE 5. Reciprocal Recognition of Suspension [716.6- 716.6.] ( Article 5 added by Stats. 2001, Ch. 398, Sec. 3. ) 716.6. (a) As a participating member of the wildlife violator compact, the licensing authority of this state may recognize the suspension of license privileges of any person by any participating state if both of the following occur: (1) The violation that resulted in the conviction would constitute a wildlife violation in this state. (2) The conviction that resulted in the suspension could have been the basis for suspension under the statutes, ordinances, or administrative rules or regulations of this state. (b) The licensing authority shall communicate suspension information to other participating states in the form and content prescribed by the compact manual. (Added by Stats. 2001, Ch. 398, Sec. 3. Effective January 1, 2002. Compact effective as prescribed in Section 716.9.) javascript:submitCodesValues('716.6.','4.2.5','2001','398','3',%20'id 6ad7260f-291f-11d9-b345-da121e20f3eb') ARTICLE 6. Applicability of Other Laws [716.7- 716.7.] ( Article 6 added by Stats. 2001, Ch. 398, Sec. 3. ) 716.7. Except as expressly required by this chapter, this chapter shall not be construed to affect the right of any participating state to apply any of its statutes, ordinances, or administrative rules or regulations 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. (Added by Stats. 2001, Ch. 398, Sec. 3. Effective January 1, 2002. Compact effective as prescribed in Section 716.9.) ARTICLE 7. Compact Administrator Procedures [716.8- 716.8.] ( Article 7 added by Stats. 2001, Ch. 398, Sec. 3. ) 716.8. (a) (1) A board of compact administrators is hereby established to serve as a governing body for the resolution of all matters relating to the operation of this compact. The board shall be composed of one member from each of the participating states to be known as the compact administrator. (2) A compact administrator of any participating state may provide for the discharge of his or her duties and the performance of his or her functions as a board member by an alternate, designated by that member. An alternate is not entitled to serve unless written notification of his or her identity is provided to the board. (3) The compact administrator for this state shall be appointed by the director and shall serve, and be subject to removal, in accordance with the laws of this state. (b) Each member of the board is entitled to one vote. No action of the board shall be binding unless taken at a meeting at which a majority of the membership of the board vote in favor thereof. Action by the board may only be taken at a meeting at which a majority of the membership of the board is present. (c) The board shall elect annually from its membership a chairperson and vice chairperson. (d) The board shall adopt bylaws, not inconsistent with this compact, and may amend and rescind the bylaws. javascript:submitCodesValues('716.7.','4.2.6','2001','398','3',%20'id 6ad8acb3-291f-11d9-b345-da121e20f3eb') javascript:submitCodesValues('716.8.','4.2.7','2001','398','3',%20'id 6ada3357-291f-11d9-b345-da121e20f3eb') (e) The board may accept for any of its purposes and functions under this compact any donation and grant of money, equipment, supplies, materials, and services, conditional or otherwise, from any state, the United States, or any governmental agency, and may receive, utilize, and dispose thereof. (f) The board may contract with, or accept services or personnel from, any governmental or intergovernmental agency, individual, firm, or corporation, including any private nonprofit organization or institution. (g) The board shall formulate all necessary procedures and develop uniform forms and documents for administering this compact. All procedures and forms adopted pursuant to board action shall be contained in a compact manual. (Added by Stats. 2001, Ch. 398, Sec. 3. Effective January 1, 2002. Compact effective as prescribed in Section 716.9.) ARTICLE 8. Entry Into Compact and Withdrawal [716.9- 716.9.] ( Article 8 added by Stats. 2001, Ch. 398, Sec. 3. ) 716.9. (a) This chapter shall become effective at such time as it is adopted in substantially similar form by this state and one or more other states, subject to the following conditions: (1) The entry into the compact shall be made by resolution executed and ratified by authorized officials of the applying state and submitted to the chairperson of the board of contract administrators. (2) The resolution shall substantially be in the form and content as provided in the compact manual, and shall include all of the following: (A) A citation of the authority authorizing the state to become a party to this compact. (B) An agreement to comply with the terms and provisions of this compact. (C) An agreement that the state entering into the compact agrees to participate with all participating states in the compact. (b) The effective date of entry into the compact shall be specified by the applying state but shall not be less than 60 days after notice has been given by either the chairperson or 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 giving written notice to the compact administrator of each participating state. The withdrawal shall not become effective until 90 days from the date on which the written notice of withdrawal is sent to each participating state. The withdrawal of any state shall not affect the validity of this compact as to the remaining participating states. javascript:submitCodesValues('716.9.','4.2.8','2001','398','3',%20'id 564afffd-78bd-11dc-aaf3-f62f8be143bb') (Added by Stats. 2001, Ch. 398, Sec. 3. Effective January 1, 2002. The Wildlife Violator Compact (as set out in Chapter 1.5, Sections 716 to 717.2) becomes effective as provided in this section.) ARTICLE 9. Amendments to the Compact [717- 717.] ( Article 9 added by Stats. 2001, Ch. 398, Sec. 3. ) 717. (a) This compact may be amended periodically. Amendments shall be presented in resolution form to the chairperson of the board, and shall be initiated by one or more participating states. (b) The adoption of an amendment requires endorsement by all participating states and becomes effective 30 days after the date of the last endorsement. (c) The failure of any participating state to respond to the appropriate authority within 60 days after receipt of a proposed amendment constitutes endorsement thereof. (Added by Stats. 2001, Ch. 398, Sec. 3. Effective January 1, 2002. Compact effective as prescribed in Section 716.9.) ARTICLE 10. Construction and Severability [717.1 - 717.2] ( Article 10 added by Stats. 2001, Ch. 398, Sec. 3. ) 717.1. This compact shall be liberally construed to effectuate its purposes. (Added by Stats. 2001, Ch. 398, Sec. 3. Effective January 1, 2002. Compact effective as prescribed in Section 716.9.) 717.2. The provisions of this chapter are severable. If any provision of this chapter or its application is held invalid or contrary to the constitution of any participating state or of the United States, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application. (Added by Stats. 2001, Ch. 398, Sec. 3. Effective January 1, 2002. Compact effective as prescribed in Section 716.9.) javascript:submitCodesValues('717.','4.2.9','2001','398','3',%20'id 6adbb9ff-291f-11d9-b345-da121e20f3eb') javascript:submitCodesValues('717.1.','4.2.10','2001','398','3',%20'id 6adbba03-291f-11d9-b345-da121e20f3eb') javascript:submitCodesValues('717.2.','4.2.10','2001','398','3',%20'id 6adbba05-291f-11d9-b345-da121e20f3eb')