                                 CODE OF VIRGINIA

WILDLIFE VIOLATOR COMPACT (§ 29.1-530.5)

ARTICLE I
		Findings, Declaration of Policy, and Purpose

a. The participating states find that:

   1. Wildlife resources are managed in trust by the respective states for the
   benefit of all residents and visitors;

   2. The protection of the wildlife resources of a state is materially affected
   by the degree of compliance with state statutes, laws, regulations, rules, and
   ordinances relating to the management of those resources;

   3. The preservation, protection, management, and restoration of wildlife
   contributes immeasurably to the aesthetic, recreational, and economic aspects
   of such natural resources;

   4. Wildlife resources are valuable without regard to political boundaries;
   therefore, every person should be required to comply with wildlife
   preservation, protection, management, and restoration statutes, laws, rules,
   regulations, and ordinances of the participating states as a condition
   precedent to the continuance or issuance of any license to hunt, fish, trap,
   or possess wildlife;

   5. Violation of wildlife laws interferes with the management of wildlife
   resources and may endanger the safety of persons and property;

   6. The mobility of many wildlife law violators necessitates the maintenance of
   channels of communication among the various states;

   7. In most instances, a person who is cited for a wildlife violation in a
   state other than the person&#8217;s home state:

i. Is required to post collateral or a bond to secure an appearance for a trial
at a later date;

   ii. Is taken into custody until the collateral or bond is posted; or

   iii. Is taken directly to court for an immediate appearance;

   8. The purpose of the enforcement practices set forth in paragraph (7) of this
   subsection is to ensure compliance with the terms of a wildlife citation by
   the cited person who, if permitted to continue on the person&#8217;s way after
   receiving the citation, could return to the person&#8217;s home state and
   disregard any duty under the terms of the citation;

   9. In most instances, a person receiving a wildlife citation in the
   person&#8217;s home state is permitted to accept the citation from the officer
   at the scene of the violation and immediately continue on the person&#8217;s
   way after agreeing or being instructed to comply with the terms of the
   citation;

   10. The practices described in paragraph (7) of this subsection cause
   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 thus is compelled to remain in custody until some alternative
   arrangement is made; and

   11. The enforcement practices described in paragraph (7) of this subsection
   consume an undue amount of law-enforcement time.

b. It is the policy of the participating states to:

   1. Promote compliance with the statutes, laws, regulations, rules, and
   ordinances relating to management of wildlife resources in their respective
   states;

   2. Recognize a suspension of wildlife license privileges of any person whose
   license privileges have been suspended by a participating state and treat that
   suspension as if it had occurred in each respective state;

   3. Allow a violator, except as provided in Article III, subsection (b) of this
   compact, to accept a wildlife citation and, without delay, proceed on the
   person&#8217;s way, regardless of the violator&#8217;s home state, if that
   state is a party to this compact;

   4. Report to the appropriate participating state, as provided in the compact
   manual, any conviction recorded against a person whose home state was not the
   issuing state;

   5. Allow the home state to recognize and treat convictions recorded against
   its residents, which convictions occurred in a participating state, as though
   they had occurred in the home state;

   6. Extend cooperation to its fullest extent among the participating states for
   enforcing compliance with the terms of a wildlife citation issued in one
   participating state to a resident of another participating state;

   7. Maximize the effective use of law-enforcement personnel and information;
   and

   8. Assist court systems in the efficient disposition of wildlife violations.

c. The purpose of this compact is to:

   1. Provide a means through which participating states may join in a reciprocal
   program to effectuate the policies enumerated in subsection (b) of this
   article in a uniform and orderly manner; and

   2. Provide for the fair and impartial treatment of wildlife violators
   operating within participating states in recognition of the violator&#8217;s
   right to due process and the sovereign status of a participating state.
   				ARTICLE II
   				Definitions
   				As used in this compact, unless the context requires otherwise, the
   following words have the meanings indicated:

a. &#8220;Citation&#8221; means any summons, complaint, summons and complaint,
ticket, penalty assessment, or other official document issued to a person by a
wildlife officer or other law-enforcement officer for a wildlife violation that
contains an order requiring the person to respond.

b. &#8220;Collateral&#8221; means any cash or other security deposited to secure
an appearance for trial in connection with the issuance by a wildlife officer or
other law-enforcement officer of a citation for a wildlife violation.

c. &#8220;Compliance&#8221; with respect to a citation means the act of
answering a citation through an appearance in a court or tribunal, or through
the payment of fines, costs, and surcharges, if any.

d. &#8220;Conviction&#8221; means a conviction that results in suspension or
revocation of a license, including any court conviction, for an offense related
to the preservation, protection, management, or restoration of wildlife that is
prohibited by state statute, law, regulation, rule, or ordinance. The term also
includes the forfeiture of any bail, bond, or other security deposited to secure
the appearance of a person charged with having committed the offense, the
payment of a penalty assessment, a plea of nolo contendere, or the imposition of
a deferred or suspended sentence by the court.

e. &#8220;Court&#8221; means a court of law, including magistrate&#8217;s court
and the justice of the peace court.

f. &#8220;Home state&#8221; means the state of primary residence of a person.

g. &#8220;Issuing state&#8221; means the participating state that issues a
wildlife citation to the violator.

h. &#8220;License&#8221; means a license, 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, regulation, rule,
or ordinance of a participating state.

i. &#8220;Licensing authority&#8221; means the governmental unit in each
participating state that is authorized by law to issue or approve licenses or
permits to hunt, fish, trap, or possess wildlife.

j. &#8220;Participating state&#8221; means a state that enacts legislation to
become a member of this Wildlife Violator Compact.

k. &#8220;Personal recognizance&#8221; means an agreement by a person made at
the time of issuance of the wildlife citation that such person will comply with
the terms of the citation.

l. &#8220;State&#8221; means any state, territory, or possession of the United
States, the District of Columbia, the Commonwealth of Puerto Rico, the provinces
of Canada, and other countries.

m. &#8220;Suspension&#8221; means any revocation, denial, or withdrawal of any
or all license privileges, including the privilege to apply for, purchase, or
exercise the benefits conferred by a license.

n. &#8220;Terms of the citation&#8221; means the conditions and options
expressly stated upon the citation.

o. &#8220;Wildlife&#8221; means all species of animals including, but not
limited to, mammals, birds, fish, reptiles, amphibians, mollusks, and
crustaceans, that are defined as &#8220;wildlife&#8221; and are protected or
otherwise regulated by statute, law, rule, regulation, or ordinance in a
participating state. Species included in the definition of
&#8220;wildlife&#8221; vary from state to state and the determination of whether
a species is &#8220;wildlife&#8221; for the purposes of this Compact shall be
based on the law of the issuing state.

p. &#8220;Wildlife law&#8221; means a statute, law, regulation, rule, or
ordinance developed and enacted for the management of wildlife resources and the
uses thereof.

q. &#8220;Wildlife officer&#8221; means any individual authorized by a
participating state to issue a citation for a wildlife violation.

r. &#8220;Wildlife violation&#8221; means any cited violation of a statute, law,
regulation, rule, or ordinance developed and enacted for the management of
wildlife resources and the uses thereof.
			ARTICLE III
			Procedures for Issuing State

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 participating
state in the same manner as though the person were a resident of the issuing
state and shall not require such person to post collateral to secure appearance,
subject to the exceptions noted in subsection (b) of this article, if the
officer receives the recognizance of such person that he will comply with the
terms of the citation.

b. Personal recognizance is acceptable if not prohibited by local law; by
policy, procedure, or regulation of the issuing agency; or by the compact manual
and if the violator provides adequate proof of identification to the wildlife
officer.

c. Upon conviction or failure of a person to comply with the terms of a wildlife
citation, the appropriate official shall report the conviction or failure to
comply to the licensing authority of the participating state in which the
wildlife citation was issued. The report shall be made in accordance with
procedures specified by the issuing state and must contain information as
specified in the compact manual as minimum requirements for effective processing
by the home state.

d. Upon receiving the report of conviction or noncompliance pursuant to
subsection (c) of this article, the licensing authority of the issuing state
shall transmit to the licensing authority of the home state of the violator the
information in the form and content prescribed in the compact manual.
			ARTICLE IV
			Procedure for Home State

a. Upon receipt of a report from the licensing authority of the issuing state
reporting the failure of a violator to comply with the terms of a citation, the
licensing authority of the home state shall notify the violator and shall
initiate a suspension action in accordance with the home state&#8217;s
suspension procedures and shall suspend the violator&#8217;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 safeguards shall be accorded to the violator.

b. Upon receipt of a report of conviction from the licensing authority of the
issuing state, the licensing authority of the home state shall enter such
conviction in its records and shall treat such conviction as though the
conviction 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 shall make reports to issuing states as provided in the compact
manual.
			ARTICLE V
			Reciprocal Recognition of Suspension

a. All participating states shall recognize the suspension of license privileges
of a person by a participating state as though the violation resulting in the
suspension had occurred in their state and could have been the basis for
suspension of license privileges in their state.

b. Each participating state shall communicate suspension information to other
participating states in a form and content prescribed in the compact manual.
			ARTICLE VI
			Applicability of Other Laws
			Except as expressly required by provisions of this compact, nothing in this
compact may be construed to affect the right of a participating 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 arrangement between
a participating state and a nonparticipating state concerning the enforcement of
wildlife laws.
			ARTICLE VII
			Compact Administrator Procedures

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 established. The board
shall be composed of one representative from each of the participating states to
be known as the compact administrator. The compact administrator shall be
appointed by the head of the licensing authority of each participating state and
shall serve and be subject to removal in accordance with the laws of the state
he or she represents. A compact administrator may provide for an alternate for
the discharge of his or her duties and the performance of his or her functions
as a board member. An alternate is not entitled to serve unless written
notification of the alternate&#8217;s identity has been given to the board.

b. Each member of the Board of Compact Administrators shall be entitled to one
vote. No action of the board shall be binding unless taken at a meeting at which
a majority of the total number of the board&#8217;s votes are cast in favor
thereof. Action by the board shall be only at a meeting at which a majority of
the participating states are represented.

c. The board shall elect annually from its membership a chairman and vice
chairman.

d. The board shall adopt bylaws not inconsistent with the provisions of this
compact or the laws of a participating state for the conduct of its business and
shall have the power to amend and rescind its bylaws.

e. The board may accept for any of its purposes and functions under this compact
any and all donations and grants of moneys, equipment, supplies, materials, and
services, conditional or otherwise, from any state, the United States, or any
governmental unit, and may receive, utilize, and dispose of those grants and
donations.

f. The board may contract with, or accept services or personnel from, any
governmental or intergovernmental unit, individual, firm, or corporation, or any
private nonprofit organization or institution.

g. The board shall formulate 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 shall be contained in a compact
manual.
			ARTICLE VIII
			Entry into Compact and Withdrawal

a. This compact shall become effective at such time as it is adopted in
substantially similar form by two or more states.

b. Entry into the compact shall be made by resolution of ratification executed
by the authorized officials of the applying state and submitted to the chairman
of the board. The resolution shall substantially be in the form and content as
provided in the compact manual and shall include the following:

   1. A citation of the authority from which the state is empowered to become a
   party to this compact;

   2. An agreement of compliance with the terms and provisions of this compact;
   and

   3. An agreement that compact entry is with all states participating in the
   compact and with all additional states legally becoming a party to the
   compact.

c. The effective date of entry shall be specified by the applying state, but may
not be less than 60 days after notice has been given by the chairman of the
Board of Compact Administrators or by the secretariat of the board to each
participating state that the resolution from the applying state has been
received.

d. A participating state may withdraw from this compact by official written
notice to each participating state, but withdrawal shall not become effective
until 90 days after the notice of withdrawal is given. The notice shall be
directed to the compact administrator of each member state. The withdrawal of
any state does not affect the validity of this compact as to the remaining
participating states.
			ARTICLE IX
			Amendments to the Compact

a. This Compact may be amended from time to time. Amendments shall be presented
in resolution form to the chairman of the Board of Compact Administrators and
shall be initiated by one or more participating states.

b. Adoption of an amendment shall require endorsement by all participating
states and shall become effective 30 days after the date of the last
endorsement.

c. Failure of a participating state to respond to the compact chairman within
120 days after receipt of a proposed amendment shall constitute endorsement of
the proposed amendment.
			ARTICLE X
			Construction and Severability
			This compact shall be liberally construed so as to effectuate the purposes
stated herein. The provisions of this compact shall be severable and if any
phrase, clause, sentence, or provision of this compact is declared to be
contrary to the constitution of a participating state or of the United States,
or if the applicability thereof to any government, unit, individual, or
circumstance is held invalid, the validity of the remainder of this compact
shall not be affected thereby. If this compact is held contrary to the
constitution of a participating state, the compact shall remain in full force
and effect as to the remaining states and in full force and effect as to the
participating state affected as to all severable matters.
			ARTICLE XI
			Title
			This compact shall be known as the &#8220;Wildlife Violator Compact.&#8221;

HISTORY: 2009, c. 648.