2023 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.