N.D. Cent. Code § 20.1-16-01 Interstate wildlife violator compact
20.1-16-01. Interstate wildlife violator compact
The interstate wildlife violator compact is entered with all states legally joining the compact,
in the form substantially as follows:
ARTICLE I - FINDINGS, DECLARATION OF POLICY, AND PURPOSE
1. The participating states find that the following provisions apply:
a. Wildlife resources are managed in trust by the respective states for the benefit of
all residents and visitors.
b. The protection of the wildlife resources of a state is materially affected by the
degree of compliance with state statutes, laws, ordinances, regulations, and
administrative rules relating to the management of such resources.
c. The preservation, protection, management, and restoration of wildlife contributes
immeasurably to the aesthetic, recreational, and economic aspects of such
natural resources.
d. Wildlife resources are valuable without regard to political boundaries; therefore,
every person should be required to comply with wildlife preservation, protection,
management and restoration laws, ordinances, regulations, and administrative
rules of the participating states as a condition precedent to the continuance or
issuance of any license to hunt, fish, trap, or possess wildlife.
e. 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 communication among the various states.
g. In most instances, a person who is cited for a wildlife violation in a state other
than that person's own state:
(1) Is required to post collateral or a bond to secure appearance for a trial at a
later date;
(2) 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 set forth in subdivision g is to ensure
compliance with the terms of a wildlife citation by the cited person who, if
permitted to proceed 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 that person's home
state is permitted to accept the citation from the officer at the scene of the
violation and immediately proceed after agreeing or being instructed to comply
with the terms of the citation.
j. The practices described in subdivision g 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 is thus compelled to remain in
custody until some alternative arrangement is made.
k. The enforcement practices described in subdivision g consume an undue amount
of law enforcement time.
2. It is the policy of the participating states to:
a. Promote compliance with the statutes, laws, 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 participating state and may treat
such suspension as if it had occurred in their state;
c. Allow a violator, except as provided in subsection 2 of article 3, to accept a
wildlife citation and proceed without delay, whether or not a resident of the state
in which the citation was issued, provided that the violator's home state is party to
this compact;
d. Report to the appropriate participating 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 against its
residents, which convictions occurred in a participating state, as though they
occurred in the home state;
f. 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;
g. Maximize effective use of law enforcement personnel and information; and
h. Assist court systems in the efficient disposition of wildlife violations.
3. The purpose of this compact is to:
a. Provide a means through which participating states may join in a reciprocal
program to effectuate the policies enumerated in subsection 2 in a uniform and
orderly manner; and
b. Provide for the fair and impartial treatment of wildlife violators operating within
participating states in recognition of the violator's right to due process and the
sovereign status of a participating state.
ARTICLE II - DEFINITIONS
As used in this compact and sections 20.1-16-02 through 20.1-16-05, unless the context
requires otherwise, the following definitions apply:
1. "Citation" means any summons, complaint, summons and complaint, ticket, penalty
assessment, or other official document that is issued to a person by a wildlife officer or
other peace officer for a wildlife violation and that contains an order requiring 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" 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.
4. "Conviction" means a conviction, including any court conviction, for any offense that is
related to the preservation, protection, management, or restoration of wildlife and that
is prohibited by state statute, law, regulation, ordinance, or administrative rule. The
term also includes the forfeiture of any bail, bond, or other security deposited to secure
appearance by a person charged with having committed any such offense, the
payment of a penalty assessment, a plea of nolo contendere, and the imposition of a
deferred or suspended sentence by the court.
5. "Court" means a court of law, including magistrate's court and the justice of the peace
court.
6. "Home state" means the state of primary residence of a person.
7. "Issuing state" means the participating state which issues a wildlife citation to the
violator.
8. "License" means any 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, ordinance, or administrative rule of a
participating state.
9. "Licensing authority" means the department or division within each participating state
that is authorized by law to issue or approve licenses or permits to hunt, fish, trap, or
possess wildlife.
10. "Participating state" means any state that enacts legislation to become a member of
this wildlife compact.
11. "Personal recognizance" 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.
12. "State" 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.
13. "Suspension" 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 any license.
14. "Terms of the citation" means those conditions and options expressly stated in the
citation.
15. "Wildlife" means all species of animals including mammals, birds, fish, reptiles,
amphibians, mollusks, and crustaceans, which are defined as "wildlife" and are
protected or otherwise regulated by statute, law, regulation, ordinance, or
administrative rule in a participating state. Species included in the definition of "wildlife"
for purposes of this compact are based on state or local law.
16. "Wildlife law" means any statute, law, regulation, ordinance, or administrative rule
developed and enacted for the management of wildlife resources and the uses thereof.
17. "Wildlife officer" means any individual authorized by a participating state to issue a
citation for a wildlife violation.
18. "Wildlife violation" means any cited violation of a statute, law, regulation, ordinance, or
administrative rule developed and enacted for the management of wildlife resources
and the uses thereof.
ARTICLE III - PROCEDURES FOR ISSUING STATE
1. 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 may not require such
person to post collateral to secure appearance, subject to the exceptions noted in
subsection 2, if the officer receives the recognizance of such person that the person
will comply with the terms of the citation.
2. Personal recognizance is acceptable:
a. If not prohibited by state or local law or the compact manual; and
b. If the violator provides adequate proof of identification to the wildlife officer.
3. 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
must 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.
4. Upon receipt of the report of conviction or noncompliance pursuant to subsection 3,
the licensing authority of the issuing state shall transmit to the licensing authority of the
home state of the violator the information in form and content as prescribed in the
compact manual.
ARTICLE IV - PROCEDURE FOR HOME STATE
1. 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 may initiate a suspension action in accordance
with the home state's suspension procedures and may 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 safeguards will be accorded.
2. Upon receipt of a report of conviction from the licensing authority of the issuing state,
the licensing authority of the home state may enter such conviction in its records and
may treat such conviction as though it occurred in the home state for the purposes of
the suspension of license privileges if the violation resulting in a suspension could
have been the basis for suspension of license privileges in the home state.
3. 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
1. All participating states may recognize the suspension of license privileges of any
person by any 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.
2. Each participating state shall communicate suspension information to other
participating states in form and content as contained in the compact manual.
ARTICLE VI - APPLICABILITY OF OTHER LAWS
Except as expressly required by this compact, nothing herein may be construed to affect the
right of any 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 wildlife law enforcement.
ARTICLE VII - COMPACT ADMINISTRATOR - PROCEDURES
1. For the purposes of administering 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 is composed of one representative
from each of the participating states to be known as the compact administrator. The
compact administrator must be appointed by the head of the licensing authority of
each participating state and serves and is subject to removal in accordance with the
laws of the state the compact administrator represents. A compact administrator may
provide for the discharge of duties and the performance of functions as a board
member by an alternate. An alternate is not entitled to serve unless written notification
of the identity of the alternate has been given to the board.
2. 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 the board's votes are cast in favor thereof. Action by the board may be only
at a meeting at which a majority of the participating states is represented.
3. The board shall elect annually from its membership a presiding officer and a vice
presiding officer.
4. 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 may amend and
rescind its bylaws.
5. The board may accept for any of its purposes and functions under this compact any
and all donations and grants of money, equipment, supplies, materials, and services,
conditional or otherwise, from any state, the United States, or any governmental
agency, and receive, utilize, and dispose of the same.
6. The board may contract with, or accept services or personnel from, any governmental
or intergovernmental agency, individual, firm, or corporation, or any private nonprofit
organization or institution.
7. 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 must be contained in a compact manual.
ARTICLE VIII - ENTRY INTO COMPACT AND WITHDRAWAL
1. This compact becomes effective at such time as it is adopted in a substantially similar
form by two or more states.
2. a. Entry into the compact must be made by resolution of ratification executed by the
authorized officials of the applying state and submitted to the presiding officer of
the board.
b. The resolution must substantially be in the form and content as provided in the
compact manual and must 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 must be specified by the applying state but may not be
less than sixty days after notice has been given:
(1) By the presiding officer of the board of the compact administrators; or
(2) By the secretariat of the board to each participating state that the resolution
from the applying state has been received.
3. A participating state may withdraw from participation in this compact by official written
notice to each participating state, but withdrawal does not become effective until ninety
days after the notice of withdrawal is given. The notice must be directed to the
compact administrator of each member state. Withdrawal of any state does not affect
the validity of this compact as to the remaining participating states.
ARTICLE IX - AMENDMENTS TO THE COMPACT
1. This compact may be amended from time to time. Amendments must be presented in
resolution form to the presiding officer of the board of the compact administrators and
must be initiated by one or more participating states.
2. Adoption of an amendment requires endorsement by all participating states and
becomes effective thirty days after the date of the last endorsement.
3. Failure of a participating state to respond to the compact presiding officer within one
hundred twenty days after receipt of a proposed amendment constitutes endorsement
thereof.
ARTICLE X - CONSTRUCTION AND SEVERABILITY
This compact must be liberally construed so as to effectuate the purposes stated herein.
The provisions of this compact are severable, and if any phrase, clause, sentence, or provision
of this compact is declared to be contrary to the constitution of any participating state or the
United States, or the applicability thereof to any government, agency, individual, 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 participating state, the compact
remains 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.