Section 16.05.332. Wildlife Violator Compact.

The Wildlife Violator Compact as contained in this section is enacted into law and entered into on behalf of the State of Alaska with any other states legally joining it in a 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 the person's 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 (g)
 of this section is to ensure compliance with the terms of a wildlife  
citation by the person who, if permitted to continue on the person's
 way after receiving the citation, could return to the person's home   
state and disregard the person's 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 
the person's way after agreeing to comply with the terms of the        
citation.                                                              
  (j) The practice described in (g) of this section 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 (g) of this section 
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 subsection (b) of article III, and proceed on the person's 
way without delay whether or not the person is a resident in the state 
in which the citation was issued if the person'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                                                            
 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 that 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 that issues a
 wildlife citation.                                                    
  (h) 'License' means any license, permit, or other public       
document that 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                                
   (1) in each other party state, the department or division within the
party state that is authorized by law to issue or approve licenses or  
permits to hunt, fish, trap, or possess wildlife; and                  
   (2) in this state, the Department of Public Safety.                 
  (j) 'Party state' means any state that 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, that 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. In this state, 'wildlife' means all species of fish
and game as these terms are defined in AS 16.05.940.                   
  (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                                           
 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 may not require the
person to post collateral to secure that 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 the violator's 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 (c) of this article, 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                                              
 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                                   
 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                                            
 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                                       
 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 shall 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 that the   
compact administrator represents. A compact administrator may provide  
for the discharge of the compact administrator's 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                                 
 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 chairman 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                                              
 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                                          
 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                                                                  
The party states agree that this compact will be known as the    
Wildlife Violator Compact.                                      

Authorities

16.05.334;16.05.410

Notes

References

AS 16.05.334 Application of Wildlife Violator Compact.
AS 16.05.410 Revocation of license.

History

(Sec. 1 ch 87 SLA 2008)