[Rev. 11/21/2013 12:16:06
PM--2013]
CHAPTER 506 - WILDLIFE VIOLATOR COMPACT
NRS 506.010 Enactment
and text of Compact.
NRS 506.020 Appointment
of Compact Administrator for State.
_________
NRS 506.010 Enactment and text of Compact. The
Wildlife Violator Compact is hereby enacted into law and entered into with all
the jurisdictions legally joining therein, in the form substantially as
follows:
ARTICLE I
FINDINGS, DECLARATION
OF POLICY AND PURPOSES
Section 1. Findings. The
party states find that:
(a) Wildlife resources are managed in trust by
the respective states for the benefit of all residents and visitors.
(b) The protection of their respective wildlife
resources are materially affected by the degree of compliance with state
statute, regulation, ordinance or administrative rule relating to the
management of those resources.
(c) The preservation, protection, management and
restoration of wildlife contributes immeasurably to the aesthetic, recreational
and economic aspects of those natural resources.
(d) Wildlife resources are valuable without
regard to political boundaries and, therefore, all persons must be required to
comply with wildlife preservation, protection, management and restoration
statutes, ordinances and administrative rules and regulations of all party
states as a condition precedent to the continuance or issuance of any license
to hunt, fish, trap or possess wildlife.
(e) The violation of wildlife laws interferes
with the management of wildlife resources and may endanger the safety of
persons and property.
(f) The mobility of many wildlife law violators
necessitates the maintenance of channels of communications among the various
states.
(g) In most instances, a person who is cited for
a wildlife violation in a state other than the person’s home state:
(1) Must post collateral or a bond to
secure his or her appearance for a trial at a later date;
(2) If unable to post collateral or a
bond, is taken into custody until the collateral or bond is posted; or
(3) Is taken directly to court for an
immediate appearance.
(h) The purpose of the enforcement practices
described in paragraph (g) is to ensure compliance with the terms of a wildlife
citation by the person who, if permitted to continue on his or her way after
receiving the citation, could return to the person’s home state and disregard
his or her duty under the terms of the citation.
(i) In most instances, a person receiving a
wildlife citation in the person’s home state is permitted to accept the
citation from the officer at the scene of the violation and continue
immediately on his or her way after agreeing to comply with the terms of the
citation.
(j) The practice described in paragraph (g)
causes 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, therefore, is compelled to remain in custody until another arrangement
is made.
(k) The enforcement practices described in
paragraph (g) consume an undue amount of law enforcement time.
Sec. 2. Policies. The
policies of the party states are to:
(a) Promote compliance with the statutes,
ordinances, regulations and administrative rules relating to management of
wildlife resources in their respective states.
(b) Recognize the suspension of wildlife license
privileges of any person whose license privileges have been suspended by a
party state and treat the suspension as if it had occurred in their state.
(c) Allow a violator to accept a wildlife
citation, except as provided in section 2 of article III, and proceed on his or
her way without delay whether or not the violator is a resident in 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 party state, 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 for its residents which occurred in another party state as
if they had occurred in the home state.
(f) Extend cooperation to its fullest extent
among the party states for obtaining compliance with the terms of a wildlife citation
issued in one party state to a resident of another party state.
(g) Maximize the effective use of law enforcement
personnel and information.
(h) Assist court systems in the efficient
disposition of wildlife violations.
Sec. 3. Purposes. The
purposes of this compact are to:
(a) Provide a means by which the party states may
participate in a reciprocal program to carry out the policies set forth in
section 2 of this article in a uniform and orderly manner.
(b) Provide for the fair and impartial treatment
of wildlife violators operating within party states in recognition of the
persons’ right of due process in the sovereign status of a party state.
ARTICLE II
DEFINITIONS
Section 1. As used in this compact,
unless the context otherwise requires:
(a) “Citation” means any summons, complaint,
summons and complaint, ticket, penalty assessment or other official document
issued by a wildlife officer or other peace officer for a wildlife violation
containing an order which requires 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” means the act of answering a
citation by appearing in a court or tribunal or the payment of fines, costs or
surcharges, if any.
(d) “Conviction” means a conviction, including
any court conviction, of any offense related to the preservation, protection,
management or restoration of wildlife which is prohibited by state statute,
regulation, ordinance or administrative rule, or a forfeiture of bail, bond or
other security deposited to secure the appearance of a person charged with any
such offense, or the payment of a penalty assessment or a plea of nolo
contendere, or 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 party state which
issues a wildlife citation.
(h) “License” means any license, permit or other
public document which conveys to the person to whom it is issued the privilege
of pursuing, possessing or taking any wildlife regulated by statute,
regulation, ordinance or administrative rule of a party state.
(i) “Licensing authority” means the department or
division within each party state which is authorized by law to issue or approve
licenses or permits to hunt, fish, trap or possess wildlife.
(j) “Party state” means any state which enacts
legislation to become a member of this compact.
(k) “Personal recognizance” means an agreement by
a person made at the time of the issuance of the wildlife citation that the
person will comply with the terms of that citation.
(l) “State” means any state, territory or
possession of the United States, the District of Columbia, Commonwealth of
Puerto Rico, Provinces of Canada or any other countries.
(m) “Suspension” means any revocation, denial or
withdrawal of any 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 in 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, regulation, ordinance or administrative rule in
a party state. Species included in the definition of wildlife vary from state
to state and a determination of whether a species is wildlife for the purposes
of this compact must be based on local law.
(p) “Wildlife law” means any statute, regulation,
ordinance or administrative rule enacted to manage wildlife resources and the
use thereof.
(q) “Wildlife officer” means any person
authorized by a party state to issue a citation for a wildlife violation.
(r) “Wildlife violation” means any cited
violation of statute, regulation, ordinance or administrative rule enacted to
manage wildlife resources and the use thereof.
ARTICLE III
PROCEDURES FOR ISSUING
STATE
Section 1. Issuing state procedures
are as follows:
(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 party state in the same manner as if the person were
a resident of the home state. The wildlife officer shall not require the person
to post collateral to secure the person’s appearance, subject to the exceptions
set forth in paragraph (b) of this article, if the officer receives the
person’s personal recognizance that the person will comply with the terms of the
citation.
(b) Personal recognizance is permissible if:
(1) It is not prohibited by local law or
the compact manual; and
(2) The violator provides adequate proof
of his or her identity to the wildlife officer.
(c) Upon conviction or failure of a person to
comply with the terms of a wildlife citation, the appropriate officer shall
report the conviction or the failure to comply to the licensing authority of
the party state in which the wildlife citation was issued. The report must be
made in accordance with the procedures specified by the issuing state and
contain information as specified in the compact manual as minimum requirements
for effective processing by the home state.
(d) Upon the receipt of the report of conviction
or noncompliance required by paragraph (c), the licensing authority of the
issuing state shall transmit to the licensing authority in the home state of
the violator the information in the manner prescribed in the compact manual.
ARTICLE IV
PROCEDURES FOR HOME
STATE
Section 1. Home state procedures are
as follows:
(a) Upon the receipt of a report of failure to
comply with the terms of a citation from the licensing authority of the issuing
state, the licensing authority of the home state shall notify the violator and
begin a suspension action in accordance with the home state’s suspension
procedures. The licensing authority of the home state 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 rights must be accorded to the
violator.
(b) Upon the receipt of a report of conviction
from the licensing authority of the issuing state, the licensing authority of
the home state shall enter the conviction in its records and consider the
conviction as if it had 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 make reports to the issuing states
as provided in the compact manual.
ARTICLE V
RECIPROCAL RECOGNITION
OF SUSPENSION
Section 1. The party states agree
that:
(a) All party states shall recognize the
suspension of license privileges of any person by any state as if the violation
on which the suspension is based had occurred in their state and would have
been the basis for suspension of license privileges in their state.
(b) Each party state shall communicate
information concerning the suspension of license privileges to the other party
states in the manner prescribed in the compact manual.
ARTICLE VI
APPLICABILITY OF OTHER
LAWS
Section 1. The party states agree
that, except as expressly required by the provisions of this compact, nothing
included in this compact shall be construed to affect the right of any party
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
arrangements between a party state and a nonparty state concerning wildlife law
enforcement.
ARTICLE VII
COMPACT ADMINISTRATOR
PROCEDURES
Section 1. The party states agree
that:
(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 hereby established. The board must be composed of one
representative from each of the party states to be known as the compact
administrator. The compact administrator must be appointed by the head of the
licensing authority of each party state and shall serve and be subject to
removal in accordance with the laws of the state the compact administrator
represents. A compact administrator may provide for the discharge of his or her
duties and the performance of the compact administrator’s functions as a board
member by an alternate. An alternate may not serve unless written notification
of the alternate’s identity has been given to the board.
(b) Each member of the board of compact
administrators is entitled to one vote. No action of the board is binding
unless taken at a meeting at which a majority of the total number of votes on
the board are cast in favor thereof. Action by the board must be only at a
meeting at which a majority of the party 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 party state,
for the conduct of its business and may amend or rescind its bylaws.
(e) The board may accept for any of its purposes
and functions under this compact any donations and grants of money, equipment,
supplies, materials and services, conditional or otherwise, from any state, the
United States, or any governmental agency and may receive, use and dispose of
them as it deems appropriate.
(f) The board may contract with, or accept
services or personnel from, any governmental or intergovernmental agency,
person, firm, corporation or private nonprofit organization or institution.
(g) The board shall establish 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 must be included in the compact manual.
ARTICLE VIII
ENTRY INTO AND
WITHDRAWAL FROM COMPACT
Section 1. The party states agree
that:
(a) This compact becomes effective upon adoption
by at least two states.
(b) Entry into the compact must be made by a
resolution of ratification executed by the authorized officers of the applying
state and submitted to the chair of the board of compact administrators.
(c) The resolution must be in a form and content
as provided in the compact manual and include:
(1) A citation of the authority by which
the state is authorized to become a party to this compact;
(2) An agreement to comply with the terms
and provisions of the compact; and
(3) A statement that entry into the
compact is with all states then party to the compact and with any state that
legally becomes a party to the compact.
(d) The effective date of entry must be specified
by the applying state, except that the effective date must not be less than 60
days after notice has been given by:
(1) The chair of the board of the compact
administrators; or
(2) The secretary of the board of compact
administrators to each party state that the resolution from the applying state
has been received.
(e) A party state may withdraw from the compact
by giving official written notice to the other party states. A withdrawal does
not take effect until 90 days after the notice of withdrawal is given. The
notice must be directed to the compact administrator of each party state. The
withdrawal of a party state does not affect the validity of the compact as to
the remaining party states.
ARTICLE IX
AMENDMENTS TO THE
COMPACT
Section 1. The party states agree
that:
(a) This compact may be amended from time to
time. Amendments must be presented in resolution form to the chair of the board
of compact administrators and may be proposed by one or more party states.
(b) The adoption of an amendment must be endorsed
by all party states and becomes effective 30 days after the date the last party
state endorses the amendment.
(c) The failure of a party state to respond to
the chair of the board of compact administrators within 120 days after the
receipt of the proposed amendment constitutes an endorsement.
ARTICLE X
CONSTRUCTION AND
SEVERABILITY
Section 1. The party states agree
that this compact must be liberally construed so as to carry out the purposes
stated in the compact. The provisions of this compact are severable and if any
phrase, clause, sentence or provision of the compact is declared to be contrary
to the constitution of any party state or the United States or the
applicability thereof to any government, agency, person or circumstance is held
invalid, the validity of the remainder of the compact is not affected thereby.
If this compact is held contrary to the constitution of any party state
thereto, the compact remains in effect as to the remaining states and to the
state affected as to all severable matters.
ARTICLE XI
TITLE
Section 1. The party states agree
that this compact will be known as the Wildlife Violator Compact.
(Added to NRS by 1989, 750)
NRS 506.020 Appointment of Compact Administrator for State. The Director shall appoint a person to serve
on the Board of Compact Administrators as the Compact Administrator for this
State as required by section 1 of article VII of the Wildlife Violator Compact.
(Added to NRS by 1989, 756; A 1993, 1681; 2003, 1558)
