Compilation of Rules and Regulations of the State of Georgia › Department 391 - RULES OF GEORGIA DEPARTMENT OF NATURAL RESOURCES › Chapter 391-4 - WILDLIFE RESOURCES DIVISION › Subject 391-4-15 - WILDLIFE VIOLATOR COMPACT › Rule 391-4-15-.03 - Widlife Violator Compact Manual

Current through Rules and
				Regulations filed through June 27, 2024
Subject to all applicable statutes and the constitution of
				  the State of Georgia, including the provisions of Chapter 13 of Title 50, the
				  "Georgia Administrative Procedure Act", and pursuant to the provisions of
				  O.C.G.A. 27-2-41, the following Wildlife
				  Violator Compact Manual hereby establishes the administrative and procedural
				  guidelines for participation in the Wildlife Violator Compact.
WILDLIFE VIOLATOR COMPACT MANUAL
SECTION I
The following are the general procedures to be followed by
				  Georgia Conservation Rangers in handling hunting, fishing, and trapping
				  misdemeanor violations committed by individuals who are not residents of
				  Georgia, but are a resident of a Wildlife Violator Compact (WVC) member state
				  at the time of the violation. Georgia non-residents who are residents of a WVC
				  member state at the time of the misdemeanor hunting, fishing, or trapping
				  violation occurring in Georgia may be released on personal recognizance under
				  the following conditions:
Violations Covered
1. Any misdemeanor hunting, fishing, or trapping violation
				  enumerated in Title 27 of the Official Code of Georgia annotated subject to the
				  provisions of a "Penalty Assessment", which allows a violator to comply with a
				  citation by mailing a fine payment to a court, thereby admitting guilt without
				  a formal appearance.
2. Any misdemeanor hunting, fishing, or trapping violation
				  written as a summons requiring a violator to deal directly with the court,
				  either in person, by mail or through an attorney.
3. In order for a violation to be subject to these provisions
				  the person to whom the citation is issued must be a resident of a WVC member
				  state, other than the issuing state, at the time the citation is issued.
Types of Violations Not Covered
1. Any violations that mandate a personal appearance.
2. Any petty offense or misdemeanor violation that has a jail
				  term as a mandatory penalty.
3. Any felony violation.
4. Any violation that the issuing officer deems serious
				  enough to arrest a resident violator.
5. Any violation or situation which the laws, policies or
				  procedures of the State of Georgia dictate shall be handled otherwise.
I.
Procedures for the Georgia Department of Natural
				  Resources
A. The officer issues a citation to the violator on the
				  standard form used by Georgia DNR.
1. When a non-resident is issued a citation and released on
				  personal recognizance under the provisions of this compact, it is advisable
				  that the signature of the recipient is contained on the citation, regardless of
				  specific requirements on that issue. A physical description of the recipient
				  (height, weight, eye color, and hair color) should also be listed.
2. The citation is returnable to the court at a future date
				  specified on the document, in accordance with the laws, regulations, policies,
				  or procedures of the State of Georgia and/or the Court of jurisdiction.
B. If the violator pays the fine or resolves the case with
				  the court, as appropriate, the matter is closed and no further action is
				  taken.
C. If the violator does not resolve the case by payment of
				  the fine or with the court, action under the provisions of the WVC will be
				  initiated.
1. The "Defendant's Notice of Failure to Comply" form will be
				  completed and the original delivered to the violator by certified mail, return
				  receipt requested, or in person. The remaining copies (Home State Notice of
				  Failure to Comply, Defendant's Notice of Compliance, and Home State Notice of
				  Compliance) are held in a suspense file pending a response from the
				  violator.
a. Sufficient time will be allowed for the defendant to
				  respond to the Defendant's Notice of Failure to Comply Form prior to initiating
				  further action under the WVC. This will normally be not less than 14 days and
				  not more than 28 days, or within any other grace period established by the
				  Board of Compact Administrators, as defined in Code Section
				  27-2-40, Article VII, (a).
b. If the defendant complies with the terms of the citation
				  within the grace period allowed, no further action is taken under the
				  provisions of this section of the WVC. Final action in a court case is not a
				  prerequisite for compliance.
2. If the defendant fails to respond within the time allowed,
				  the "Home State Notice of Failure to Comply" will be sent to the home state of
				  the defendant by Georgia DNR administrative personnel.
Any "Home State Notice of Failure to Comply" shall be
				  processed by the issuing state and reported to the home state within six months
				  of issuance of the citation, or within
any other time frame that
				  may be established by the Board of Compact Administrators.
a. If at any time beyond this point in the WVC process the
				  defendant resolves the case with the court, it is imperative that copies 3 and
				  4, (Defendant's and Home State Notice of Compliance) be mailed immediately so
				  that any pending or ongoing suspension of license privileges by the home state
				  of the defendant which are the result of the action at hand may be
				  canceled.
b. At any time subsequent to the mailing of the "Home State
				  Notice of Failure to Comply" that the violator complies with the citation, no
				  further actions under this Section of the WVC will take place.
Methods of Compliance
1. Payment by mail where provided for.
2. Responding to the citation in person.
3. Submission of a plea by mail where allowed.
4. Responding through an attorney where allowed.
Evidence of Compliance
(in response to a notice of suspension
				  for non-compliance).
1. Certificate from the court.
2. Copy of the court judgment.
NOTE: personal representations, check stubs, money order
				  receipts, etc. are not acceptable.
3. The violator copy of a Notice of Compliance sent by the
				  issuing state.
SECTION II
The following are the general procedures to be followed by
				  the home state of an individual committing hunting, fishing, or trapping
				  violations in another WVC member state, who upon release on personal
				  recognizance failed to resolve the case as appropriate, even after the
				  "Defendant's Notice of Failure to Comply" has been sent, and the issuing state
				  has had to send the "Home State Notice of Failure to Comply".
I.
Procedures for the Home State
A. Upon receipt of the "Home State Notice of Failure to
				  Comply" from the issuing state, the agency or licensing authority of the home
				  state of the violator will review the form for the following:
1. Is it legible?
2. Is it complete?
3. Is it timely, within the six-month limit, or other limit
				  established by the Board of Compact Administrators, of the compact?
4. Is the violation covered under the compact?
5. Are all other aspects of the case proper under applicable
				  state laws, policies, and procedures?
B. If for any reason the case cannot be acted on, it will be
				  returned to the issuing state within 14 days, or other time frame established
				  by the Board of Compact Administrators, with an explanation of the problem. If
				  all problems are resolved and the case is returned to the home state it will be
				  processed as outlined in this section.
C. If the case is accepted, it will be entered into the
				  suspension process of the home state.
D. A Notice of Suspension will be prepared and sent to the
				  violator.
1. The Notice of Suspension should have a delayed effective
				  date to permit the violator to contact the court in the issuing state and
				  resolve the case. The length of this delay is subject to the laws, policies or
				  procedures of the home state, but should be at least 14 days in length. Upon
				  receipt of a "Home State Notice of Failure to Comply" by the Georgia DNR, the
				  licensee or permit holder shall be notified of the proposed suspension or
				  revocation personally or by a letter sent by certified mail or statutory
				  overnight delivery to the last known address of the licensee or permit holder.
				  The notice of proposed suspension or revocation shall be deemed received three
				  days after mailing. The revocation or suspension shall become final 30 days
				  after issuance if not appealed.
2. The Notice of Suspension must inform the violator of the
				  facts behind the suspension with special emphasis on the procedures to be
				  followed in resolving the matter with the court in the issuing state. Accurate
				  information on the court (name, address, phone number) must be provided in the
				  Notice of Suspension. This will help eliminate inquiries of the home state
				  which are costly, time consuming and nonproductive as the home state can do
				  nothing to resolve the case.
E. Should the defendant request a hearing on the suspension,
				  it will follow the form appropriate to the laws, policies or procedures of the
				  home state. Georgia residents receiving a Notice of Suspension from the Georgia
				  DNR under the WVC provisions for failure to comply with the terms of a citation
				  issued in another WVC member state shall request, in writing, a hearing within
				  30 days from the date of personal notice or receipt of notice sent by certified
				  mail or statutory overnight delivery, return receipt requested, or the right to
				  said hearing shall be deemed waived. Requests for hearings and the procedures
				  for holding of hearings shall be governed by DNR Board Rule Chapter 391-1-2,
				  Procedures For Disposition Of Contested Cases.
1. Such hearings will be restricted to challenging the right
				  of the home state to suspend under the provisions of the WVC; to deny receiving
				  the original citation (thus the importance of the violator's signature on the
				  citation); or to claim that the case has been resolved.
2. The question of guilt or innocence regarding the original
				  charge will not be a subject of hearings held under the provisions of this
				  section.
3. If needed, assistance can be requested from the issuing
				  state. This is normally limited to obtaining certified documentation.
4.
NOTE: Suspensions levied for failure to comply with
				  the terms of a citation are enforced in the home state of the violator and
				  honored by all compact states. These administrative suspensions are not to be
				  confused with suspensions which are the result of convictions of wildlife
				  violations in one or more states which are participants in the
				  WVC.
F. If the suspension is upheld, the defendant must then
				  proceed to resolve the court case with the suspension remaining in
				  effect.
G. If the suspension is denied for any reason, the case is
				  terminated and the suspension order vacated. In such cases the issuing state
				  will be informed of the reason for denial.
H. Appeals from suspension orders will be handled in
				  accordance with the laws, policies and procedures of the home state.
1. Should a suspension order be overturned on appeal, the
				  issuing state shall be notified.
I. When a violator resolves a case with the court in the
				  issuing state, an acknowledgement of compliance will be issued directly to that
				  person. It is the responsibility of the violator to present this document to
				  the agency or licensing authority in the home state in order to terminate the
				  suspension. The acknowledgement of compliance may take any form acceptable to
				  the home state and the court.
1. If the acknowledgement of compliance is presented prior to
				  the effective date of the suspension, the suspension is cleared
				  immediately.
2. If the acknowledgement of compliance is presented after
				  the effective date of the suspension, reinstatement will be handled in
				  accordance with the laws, policies and procedures of the home state.
J. Any reinstatement or restoration fees shall be established
				  and assessed in accordance with the laws, policies and procedures of the home
				  state.
SECTION III
RECIPROCAL RECOGNITION OF SUSPENSIONS
States participating in the WVC shall recognize the
				  suspension for cause of the license privileges or rights of any person by any
				  other WVC participating state. This reciprocal recognition of suspensions is
				  not to be confused with suspensions levied for failure to comply as outlined in
				  Section I and II above. Suspensions for cause of license privileges are the
				  result of a conviction, or an accumulation of convictions, of wildlife
				  violations in one or more states which are participants in the WVC.
When the Georgia Department of Natural Resources receives
				  notice of suspension of a person's hunting, fishing, or trapping privileges or
				  licenses by a WVC member state, the Department shall determine whether the
				  violation, or accumulation of violations, leading to the suspension could have
				  led to the suspension of rights, privileges, or licenses under Georgia law. If
				  the Department determines that the person's privileges or licenses could have
				  been suspended under Georgia law, the department shall suspend the person's
				  licenses, rights, and privileges to hunt, fish, or trap in Georgia, pursuant to
				  O.C.G.A. 27-2-40, Article V, for the same
				  period as imposed by the WVC member state.
A. States participating in the WVC shall recognize the
				  suspension for cause of the license privileges or rights of any person by any
				  other WVC participating state.
1. The suspension is the result conviction for one or more of
				  the following violations types:
a. Priority will be placed on the following violation types:
VIOLATION
WVC CODE
Illegal take or possession of big game
BGV
Illegal take or possession of threatened or endangered
						  species
TEV
Felony wildlife violations
FEV
License violations, fraud, false statement LIV
Waste of Wildlife
WAV
Accumulated wildlife violations
ACV
Violations while on revocation
REV
Sale/purchase of wildlife
SPV
b. The following violation types will also be subject to
				  reciprocal revocation by member states depending on member state laws:
VIOLATION
WVC CODE
Illegal take or possession of small game or migratory
						  birds
SGV
Illegal take or possession of fish
FIV
Illegal take or possession of other wildlife
OWV
Tag/permit/license transfer
TRV
Federal wildlife violations
FDV
Other criminal violations
OTV
Guide/outfitter violations
GUV
2. And, such recognition of suspension is not contrary to the
				  laws of that state.
B. Recognition of suspensions which do not meet the criteria
				  of this Section as outlined above will be up to the laws, policies and
				  procedures of that state.
C. Each state participating in the WVC shall communicate
				  suspension information to other participating states, using the Interstate
				  Wildlife Violator Compact database. Participating states will use the
				  guidelines prescribed by database administration. The following information
				  will be included but not limited to:
1. Positive identification of the subject of the suspension.
Including:
a. Name
b. Date of birth
c. Physical description
d. Last known address
2. The basis of the suspension including:
a. Violation(s) and convictions upon which the suspension is
				  based
b. The scope of the suspension (i.e., Fishing, hunting,
				  trapping, all privileges or rights)
c. Effective dates of the suspension and term of the
				  suspension
D. In the event documentation of a violation and subsequent
				  license suspension is needed by a member state for license suspension hearings
				  or other purposes, the issuing state shall provide certified copies of the
				  citation or other charging instrument, any arrest or investigation reports,
				  suspension orders and the disposition of the matter.
SECTION IV
TRANSMITTAL OF CONVICTION INFORMATION TO THE HOME STATE
				  OF THE VIOLATOR
When the Georgia Department of Natural Resources receives
				  notice of a conviction of a Georgia resident from the agency or licensing
				  authority of a WVC member state, the Department shall treat the conviction as
				  if it had occurred in Georgia.
A. Upon a conviction, the issuing state shall forward to the
				  home state of the violator the following information:
1. Personal Information
a. Name
b. Date of birth
c. Sex
d. Physical description (height, weight, hair, eyes)
e. Last known address
2. Violation Information
a. Citation number
b. Violation description
c. Fine assessed
B. For the purpose of consideration for license suspension,
				  the home state shall treat such convictions in other WVC member states as if
				  they had occurred in the home state.
C. In the event detailed information on a violation is needed
				  by the home state, for license suspension hearings or other purposes, the
				  issuing state shall provide certified copies of the citation or other charging
				  instrument, any arrest or investigation reports and the disposition of the
				  matter.
SECTION V
ADMINISTRATIVE MATTERS
I.
Entry into the Compact
A. Entry into the WVC may be accomplished by the following
				  methods.
1. A state legislature may accomplish WVC joinder by adopting
				  the full compact as a statute.
2. A state legislature may authorize and direct that state's
				  wildlife agency to enter into the compact.
B. Upon legislative action as specified above, entry into the
				  WVC shall be finalized by the submission of a resolution of ratification and an
				  informational application submitted to the chairman of the board of compact
				  administrators.
The resolution of ratification shall be signed by the chief
				  administrator of the wildlife agency or licensing authority and shall
				  include:
1. A citation and copy of the authority by which the state is
				  empowered to become a member of the Wildlife Violator Compact;
2. Statement of agreement to comply with the terms and
				  provisions of the compact; and
3. A statement that compact entry is with all states then
				  party to the Wildlife Violator Compact and with any state that legally becomes
				  a party to the compact.
C. The effective date of entry shall be specified by the
				  applying state but shall be at least sixty (60) days after notice has been
				  given to each member state by the chairman of the board of compact
				  administrators.
D. Only violations which are committed on or after the
				  effective date of entry, and resulting suspensions, shall be subject to the
				  provisions of the Compact.
II.
Withdrawal from the Compact
A. A member state may withdraw from the WVC by submitting
				  official written notice to the other member states. Such withdrawal shall not
				  be effective until ninety (90) days after such notice is mailed.
B. Such notice must be directed to the compact administrator
				  of each member state.
C. The withdrawal of one or more member states shall have no
				  effect on the validity of the WVC as to the remaining member
				  states.
O.C.G.A. Sec.
				  27-2-41.