2005 Nevada Revised Statutes - Chapter 506 — Wildlife Violator Compact

CHAPTER 506 - WILDLIFE VIOLATOR COMPACT

NRS 506.010 Enactmentand text of Compact.

NRS 506.020 Appointmentof Compact Administrator for State.

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NRS 506.010 Enactmentand text of Compact. The Wildlife ViolatorCompact is hereby enacted into law and entered into with all the jurisdictionslegally joining therein, in the form substantially as follows:

 

ARTICLE I

FINDINGS, DECLARATIONOF POLICY AND PURPOSES

 

Section 1. Findings. The party states find that:

(a) Wildlife resources are managed in trust by therespective states for the benefit of all residents and visitors.

(b) The protection of their respective wildliferesources are materially affected by the degree of compliance with statestatute, regulation, ordinance or administrative rule relating to themanagement of those resources.

(c) The preservation, protection, management andrestoration of wildlife contributes immeasurably to the aesthetic, recreationaland economic aspects of those natural resources.

(d) Wildlife resources are valuable without regard topolitical boundaries and, therefore, all persons must be required to complywith wildlife preservation, protection, management and restoration statutes,ordinances and administrative rules and regulations of all party states as acondition precedent to the continuance or issuance of any license to hunt,fish, trap or possess wildlife.

(e) The violation of wildlife laws interferes with themanagement of wildlife resources and may endanger the safety of persons andproperty.

(f) The mobility of many wildlife law violatorsnecessitates the maintenance of channels of communications among the variousstates.

(g) In most instances, a person who is cited for awildlife violation in a state other than his home state:

(1) Must post collateral or a bond to secure hisappearance for a trial at a later date;

(2) If unable to post collateral or a bond, istaken into custody until the collateral or bond is posted; or

(3) Is taken directly to court for an immediateappearance.

(h) The purpose of the enforcement practices describedin paragraph (g) is to ensure compliance with the terms of a wildlife citationby the person who, if permitted to continue on his way after receiving thecitation, could return to his home state and disregard his duty under the termsof the citation.

(i) In most instances, a person receiving a wildlifecitation in his home state is permitted to accept the citation from the officerat the scene of the violation and continue immediately on his way afteragreeing to comply with the terms of the citation.

(j) The practice described in paragraph (g) causesunnecessary inconvenience and, at times, a hardship for the person who isunable at the time to post collateral, furnish a bond, stand trial or pay afine and, therefore, is compelled to remain in custody until anotherarrangement 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 statesare to:

(a) Promote compliance with the statutes, ordinances,regulations and administrative rules relating to management of wildliferesources in their respective states.

(b) Recognize the suspension of wildlife licenseprivileges of any person whose license privileges have been suspended by aparty 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 way withoutdelay whether or not he is a resident in the state in which the citation wasissued if his home state is a party to this compact.

(d) Report to the appropriate party state, as providedin the compact manual, any conviction recorded against any person whose homestate was not the issuing state.

(e) Allow the home state to recognize and treatconvictions recorded for its residents which occurred in another party state asif they had occurred in the home state.

(f) Extend cooperation to its fullest extent among theparty states for obtaining compliance with the terms of a wildlife citationissued in one party state to a resident of another party state.

(g) Maximize the effective use of law enforcementpersonnel and information.

(h) Assist court systems in the efficient dispositionof wildlife violations.

Sec. 3. Purposes. The purposes of this compact areto:

(a) Provide a means by which the party states mayparticipate in a reciprocal program to carry out the policies set forth insection 2 of this article in a uniform and orderly manner.

(b) Provide for the fair and impartial treatment ofwildlife violators operating within party states in recognition of the personsright of due process in the sovereign status of a party state.

 

ARTICLE II

DEFINITIONS

 

Section 1. As used in this compact, unless the contextotherwise requires:

(a) Citation means any summons, complaint, summonsand complaint, ticket, penalty assessment or other official document issued bya wildlife officer or other peace officer for a wildlife violation containingan order which requires the person to respond.

(b) Collateral means any cash or other securitydeposited to secure an appearance for trial in connection with the issuance bya wildlife officer or other peace officer of a citation for a wildlifeviolation.

(c) Compliance means the act of answering a citationby appearing in a court or tribunal or the payment of fines, costs orsurcharges, if any.

(d) Conviction means a conviction, including anycourt 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 orother security deposited to secure the appearance of a person charged with anysuch offense, or the payment of a penalty assessment or a plea of nolocontendere, or the imposition of a deferred or suspended sentence by the court.

(e) Court means a court of law, includingmagistrates court and the justice of the peace court.

(f) Home state means the state of primary residenceof a person.

(g) Issuing state means the party state which issuesa wildlife citation.

(h) License means any license, permit or other publicdocument which conveys to the person to whom it is issued the privilege ofpursuing, possessing or taking any wildlife regulated by statute, regulation,ordinance or administrative rule of a party state.

(i) Licensing authority means the department ordivision within each party state which is authorized by law to issue or approvelicenses or permits to hunt, fish, trap or possess wildlife.

(j) Party state means any state which enactslegislation to become a member of this compact.

(k) Personal recognizance means an agreement by aperson made at the time of the issuance of the wildlife citation that he willcomply with the terms of that citation.

(l) State means any state, territory or possession ofthe United States, the District of Columbia, Commonwealth of Puerto Rico, Provinces of Canada or any other countries.

(m) Suspension means any revocation, denial orwithdrawal 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 andoptions expressly stated in the citation.

(o) Wildlife means all species of animals, including,but not limited to, mammals, birds, fish, reptiles, amphibians, mollusks andcrustaceans, which are defined as wildlife and are protected or otherwiseregulated by statute, regulation, ordinance or administrative rule in a partystate. Species included in the definition of wildlife vary from state to stateand a determination of whether a species is wildlife for the purposes of thiscompact must be based on local law.

(p) Wildlife law means any statute, regulation,ordinance or administrative rule enacted to manage wildlife resources and theuse thereof.

(q) Wildlife officer means any person authorized by aparty state to issue a citation for a wildlife violation.

(r) Wildlife violation means any cited violation ofstatute, regulation, ordinance or administrative rule enacted to managewildlife resources and the use thereof.

 

ARTICLE III

PROCEDURES FOR ISSUINGSTATE

 

Section 1. Issuing state procedures are as follows:

(a) When issuing a citation for a wildlife violation, awildlife officer shall issue a citation to any person whose primary residenceis in a party state in the same manner as if the person were a resident of thehome state. The wildlife officer shall not require the person to postcollateral to secure his appearance, subject to the exceptions set forth inparagraph (b) of this article, if the officer receives the persons personalrecognizance that he will comply with the terms of the citation.

(b) Personal recognizance is permissible if:

(1) It is not prohibited by local law or thecompact manual; and

(2) The violator provides adequate proof of hisidentity to the wildlife officer.

(c) Upon conviction or failure of a person to complywith the terms of a wildlife citation, the appropriate officer shall report theconviction or the failure to comply to the licensing authority of the partystate in which the wildlife citation was issued. The report must be made inaccordance with the procedures specified by the issuing state and containinformation as specified in the compact manual as minimum requirements foreffective processing by the home state.

(d) Upon the receipt of the report of conviction ornoncompliance required by paragraph (c), the licensing authority of the issuingstate shall transmit to the licensing authority in the home state of theviolator 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 complywith 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 asuspension action in accordance with the home states suspension procedures.The licensing authority of the home state shall suspend the violators licenseprivileges until satisfactory evidence of compliance with the terms of thewildlife citation has been furnished by the issuing state to the home statelicensing authority. Due process rights must be accorded to the violator.

(b) Upon the receipt of a report of conviction from thelicensing authority of the issuing state, the licensing authority of the homestate shall enter the conviction in its records and consider the conviction asif it had occurred in the home state for the purposes of the suspension oflicense privileges.

(c) The licensing authority of the home state shallmaintain a record of actions taken and make reports to the issuing states asprovided in the compact manual.

 

ARTICLE V

RECIPROCAL RECOGNITIONOF SUSPENSION

 

Section 1. The party states agree that:

(a) All party states shall recognize the suspension oflicense privileges of any person by any state as if the violation on which thesuspension is based had occurred in their state and would have been the basisfor suspension of license privileges in their state.

(b) Each party state shall communicate informationconcerning the suspension of license privileges to the other party states inthe manner prescribed in the compact manual.

 

ARTICLE VI

APPLICABILITY OF OTHERLAWS

 

Section 1. The party states agree that, except asexpressly required by the provisions of this compact, nothing included in thiscompact shall be construed to affect the right of any party state to apply anyof its laws relating to license privileges to any person or circumstance or toinvalidate or prevent any agreement or other cooperative arrangements between aparty state and a nonparty state concerning wildlife law enforcement.

 

ARTICLE VII

COMPACT ADMINISTRATORPROCEDURES

 

Section 1. The party states agree that:

(a) For the purpose of administering the provisions ofthis compact and to serve as a governing body for the resolution of all mattersrelating to the operation of this compact, a board of compact administrators ishereby established. The board must be composed of one representative from eachof the party states to be known as the compact administrator. The compactadministrator must be appointed by the head of the licensing authority of eachparty state and shall serve and be subject to removal in accordance with thelaws of the state he represents. A compact administrator may provide for thedischarge of his duties and the performance of his functions as a board memberby an alternate. An alternate may not serve unless written notification of hisidentity has been given to the board.

(b) Each member of the board of compact administratorsis entitled to one vote. No action of the board is binding unless taken at ameeting at which a majority of the total number of votes on the board are castin favor thereof. Action by the board must be only at a meeting at which amajority of the party states are represented.

(c) The board shall elect annually, from itsmembership, a chairman and vice chairman.

(d) The board shall adopt bylaws, not inconsistent withthe provisions of this compact or the laws of a party state, for the conduct ofits business and may amend or rescind its bylaws.

(e) The board may accept for any of its purposes andfunctions under this compact any donations and grants of money, equipment,supplies, materials and services, conditional or otherwise, from any state, theUnited States, or any governmental agency and may receive, use and dispose ofthem as it deems appropriate.

(f) The board may contract with, or accept services orpersonnel from, any governmental or intergovernmental agency, person, firm,corporation or private nonprofit organization or institution.

(g) The board shall establish all necessary proceduresand develop uniform forms and documents for administering the provisions ofthis compact. All procedures and forms adopted pursuant to board action must beincluded in the compact manual.

 

ARTICLE VIII

ENTRY INTO ANDWITHDRAWAL FROM COMPACT

 

Section 1. The party states agree that:

(a) This compact becomes effective upon adoption by atleast two states.

(b) Entry into the compact must be made by a resolutionof ratification executed by the authorized officers of the applying state andsubmitted to the chairman of the board of compact administrators.

(c) The resolution must be in a form and content asprovided in the compact manual and include:

(1) A citation of the authority by which thestate is authorized to become a party to this compact;

(2) An agreement to comply with the terms andprovisions of the compact; and

(3) A statement that entry into the compact iswith all states then party to the compact and with any state that legallybecomes a party to the compact.

(d) The effective date of entry must be specified bythe applying state, except that the effective date must not be less than 60days after notice has been given by:

(1) The chairman of the board of the compactadministrators; or

(2) The secretary of the board of compactadministrators to each party state that the resolution from the applying statehas been received.

(e) A party state may withdraw from the compact bygiving official written notice to the other party states. A withdrawal does nottake effect until 90 days after the notice of withdrawal is given. The noticemust be directed to the compact administrator of each party state. Thewithdrawal of a party state does not affect the validity of the compact as tothe remaining party states.

 

ARTICLE IX

AMENDMENTS TO THECOMPACT

 

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 chairman of the board ofcompact administrators and may be proposed by one or more party states.

(b) The adoption of an amendment must be endorsed byall party states and becomes effective 30 days after the date the last partystate endorses the amendment.

(c) The failure of a party state to respond to thechairman of the board of compact administrators within 120 days after thereceipt of the proposed amendment constitutes an endorsement.

 

ARTICLE X

CONSTRUCTION ANDSEVERABILITY

 

Section 1. The party states agree that this compactmust be liberally construed so as to carry out the purposes stated in thecompact. The provisions of this compact are severable and if any phrase,clause, sentence or provision of the compact is declared to be contrary to theconstitution of any party state or the United States or the applicabilitythereof to any government, agency, person or circumstance is held invalid, thevalidity of the remainder of the compact is not affected thereby. If this compactis held contrary to the constitution of any party state thereto, the compactremains in effect as to the remaining states and to the state affected as toall severable matters.

 

ARTICLE XI

TITLE

 

Section 1. The party states agree that this compactwill be known as the Wildlife Violator Compact.

(Added to NRS by 1989, 750)

NRS 506.020 Appointmentof Compact Administrator for State. TheDirector shall appoint a person to serve on the Board of Compact Administratorsas the Compact Administrator for this State as required by section 1 of articleVII of the Wildlife Violator Compact.

(Added to NRS by 1989, 756; A 1993, 1681; 2003, 1558)

 

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