NY Env Conserv L § 11-2503 (2021)
2021 New York Laws ENV - Environmental Conservation Article 11 - Fish and Wildlife Title 25 - Interstate Wildlife Violator Compact 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.