Kentucky Administrative Regulations › Title 301 - TOURISM, ARTS AND HERITAGE CABINET - DEPARTMENT OF FISH AND WILDLIFE RESOURCES › Chapter 5 - Licensing › Section 301 KAR 5:100 - Interstate Wildlife Violator Compact

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				150.236
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				150.025 authorizes the department to
				establish administrative regulations necessary to carry out the purpose of KRS
				Chapter 150. KRS
				150.236 authorizes the department to
				promulgate administrative regulations regarding the suspension of hunting or
				fishing privileges for persons whose hunting or fishing privileges have been
				suspended or revoked by other jurisdictions.
				KRS
				150.238 authorizes the department to enter
				into reciprocal agreements with other states regarding fish and wildlife
				violations. This administrative regulation establishes the provisions of a
				reciprocal interstate Wildlife Violator Compact.
Section 1. Definitions.
(1) "Citation" means any summons, complaint,
			 ticket, penalty assessment, or other official document issued by a wildlife
			 officer or other peace officer for a wildlife violation containing an order
			 that requires the person to respond.
(2) "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.
(3)
			 "Compliance" means:
(a) The act of answering a
			 citation through appearance at a court or tribunal;
(b) Payment of fines, costs, and surcharges,
			 if any; or
(c) Both paragraphs (a)
			 and (b) of this subsection.
(4) "Conviction" means:
(a) A conviction, including any court
			 conviction, of any offense related to the preservation, protection, management,
			 or restoration of wildlife prohibited by state statute, law, administrative
			 regulation, ordinance, or administrative rule;
(b) A forfeiture of bail, bond, or other
			 security deposited to secure appearance by a person charged with having
			 committed any offense;
(c) Payment
			 of a penalty assessment;
(d) A plea
			 of nolo contendere; or
(e) The
			 imposition of a deferred or suspended sentence by the court.
(5) "Home state" means the state
			 of primary residence of a person.
(6) "Issuing state" means the party state
			 that issues a wildlife citation to the violator.
(7) "License" means any license, wildlife
			 permit, or other public document that conveys to the person to whom it was
			 issued the privilege of pursuing, possessing, or taking any wildlife regulated
			 by statute, law, administrative regulation, ordinance, or administrative rule
			 of a party state.
(8) "Licensing
			 authority" means the department within each party state authorized by law to
			 issue or approve licenses or permits to hunt, fish, trap, or possess
			 wildlife.
(9) "Party state" means
			 any state that enacts legislation to become a member of the Interstate Wildlife
			 Violator Compact.
(10) "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 that
			 citation.
(11) "State" means any
			 state, territory, or possession of the United States.
(12) "Suspension" means any revocation,
			 denial, or withdrawal of any or all license privileges or rights, including the
			 privilege or right to apply for, purchase, or exercise the benefits conferred
			 by any license.
(13) "Terms of the
			 citation" means those conditions and options expressly stated upon the
			 citation.
(14) "Wildlife" means:
(a)
1. All
			 species of animals, including mammals, birds, fish, reptiles, amphibians,
			 mollusks, and crustaceans; and
2.
			 Food, fish, and shellfish; and
(b) That are:
1. Defined as wildlife, food fish, or shell
			 fish in that specific jurisdiction; and
2. Protected by or otherwise regulated by
			 statute, administrative regulation, ordinance, or administrative rule in that
			 specific jurisdiction.
(15) "Wildlife law" means any statute, law,
			 administrative regulation, ordinance, or administrative rule developed and
			 enacted to manage wildlife resources and the use thereof.
(16) "Wildlife officer" means any individual
			 authorized by a party state to issue a citation for a wildlife
			 violation.
(17) "Wildlife
			 violation" means any cited violation of a statute, law, administrative
			 regulation, ordinance, or administrative rule developed and enacted to manage
			 wildlife resources and the use thereof.