RCW 77.75.070
Wildlife violator compact -- Established.The
wildlife violator compact is hereby established in the form
substantially as follows, and the Washington state department of
fish and wildlife is authorized to enter into such compact on
behalf of the state with all other jurisdictions legally joining
therein:
ARTICLE I
FINDINGS, DECLARATION OF POLICY, AND PURPOSE
(a) The party 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 their respective wildlife resources can
be materially affected by the degree of compliance with state
statute, law, regulation, ordinance, or administrative rule
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 these natural resources.
(4) Wildlife resources are valuable without regard to
political boundaries, therefore, all persons should be required to
comply with wildlife preservation, protection, management, and
restoration laws, 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.
(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 communications among the various
states.
(7) In most instances, a person who is cited for a wildlife
violation in a state other than the person's home state:
(i) Must post collateral or bond to secure appearance for a
trial at a later date; or
(ii) If unable to post collateral or bond, 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 described in
paragraph (7) of this subdivision 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.
(9) 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 to immediately
continue on the person's way after agreeing or being instructed to
comply with the terms of the citation.
(10) The practice described in paragraph (7) of this
subdivision 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 the fine, and thus
is compelled to remain in custody until some alternative
arrangement can be made.
(11) The enforcement practices described in paragraph (7) of
this subdivision consume an undue amount of law enforcement time.
(b) It is the policy of the party states to:
(1) Promote compliance with the statutes, laws, ordinances,
regulations, and administrative rules relating to management of
wildlife resources in their respective states.
(2) Recognize the suspension of wildlife license privileges of
any person whose license privileges have been suspended by a party
state and treat this suspension as if it had occurred in their
state.
(3) Allow violators to accept a wildlife citation, except as
provided in subdivision (b) of Article III, and proceed on the
violator's way without delay whether or not the person is a
resident in the state in which the citation was issued, provided
that the violator's home state is party to this compact.
(4) 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.
(5) Allow the home state to recognize and treat convictions
recorded for their residents which occurred in another party state
as if they had occurred in the home state.
(6) 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.
(7) Maximize effective use of law enforcement personnel and
information.
(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 the party states may
participate in a reciprocal program to effectuate policies
enumerated in subdivision (b) of this article in a uniform and
orderly manner.
(2) Provide for the fair and impartial treatment of wildlife
violators operating within party states in recognition of the
person's right of due process and the sovereign status of a party
state.
ARTICLE II
DEFINITIONS
Unless the context requires otherwise, the definitions in this
article apply through this compact and are intended only for the
implementation of this compact:
(a) "Citation" means any summons, 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" with respect to a citation means the act of
answering the citation through appearance at a court, a tribunal,
or payment of fines, costs, and surcharges, if any, or both such
appearance and payment.
(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, law, regulation, ordinance, or administrative rule, or a
forfeiture of bail, bond, or other security deposited to secure
appearance by a person charged with having committed any such
offense, or 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 to the violator.
(h) "License" means any license, permit, or other public
document which 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 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 wildlife compact.
(k) "Personal recognizance" means an agreement by a person
made at the time of 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 other countries.
(m) "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.
(n) "Terms of the citation" means those conditions and options
expressly stated upon the citation.
(o) "Wildlife" means all species of animals, including but not
necessarily limited to 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 party state. "Wildlife"
also means food fish and shellfish as defined by statute, law,
regulation, ordinance, or administrative rule in a party state. Species included in the definition of "wildlife" vary from state to
state and determination of whether a species is "wildlife" for the
purposes of this compact shall be based on local law.
(p) "Wildlife law" means any statute, law, regulation,
ordinance, or administrative rule developed and enacted to manage
wildlife resources and the use thereof.
(q) "Wildlife officer" means any individual authorized by a
party state to issue a citation for a wildlife violation.
(r) "Wildlife violation" means any cited violation of a
statute, law, regulation, ordinance, or administrative rule
developed and enacted to manage wildlife resources and the use
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 party state in the same manner as if the person
were a resident of the home state and shall not require the person
to post collateral to secure appearance, subject to the exceptions
contained in subdivision (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 acceptable:
(1) If not prohibited by local law or the compact manual; and
(2) If the violator provides adequate proof of the violator's
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 party state in which the wildlife citation was issued. The
report shall be made in accordance with procedures specified by the
issuing state and shall contain the information specified in the
compact manual as minimum requirements for effective processing by
the home state.
(d) Upon receipt of the report of conviction or noncompliance
required by subdivision (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 a
form and content as contained in the compact manual.
ARTICLE IV
PROCEDURES FOR HOME STATE
(a) Upon 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, shall initiate a suspension action in accordance with the
home state's suspension procedures and 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
safeguards will be accorded.
(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 if it 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 issuing states as
provided in the compact manual.
ARTICLE V
RECIPROCAL RECOGNITION OF SUSPENSION
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 in fact occurred in their state and
could have been the basis for suspension of license privileges in
their state.
ARTICLE VI
APPLICABILITY OF OTHER LAWS
Except as expressly required by provisions of this compact,
nothing herein 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
(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 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 will serve and be subject to removal in accordance with
the laws of the state the administrator represents. A compact
administrator may provide for the discharge of the administrator's
duties and the performance of the administrator's functions as a
board member by an alternate. An alternate may not be entitled to
serve unless written notification of the alternate'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 votes on the board are cast in favor thereof. Action by the
board shall 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
chairperson and vice-chairperson.
(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 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 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 may
receive, utilize, and dispose of the same.
(f) The board may contract with or accept services or
personnel from any governmental or intergovernmental agency,
individual, firm, 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 the compact manual.
ARTICLE VIII
ENTRY INTO COMPACT AND WITHDRAWAL
(a) This compact shall become effective when it has been
adopted by at least two states.
(b)(1) Entry into the compact shall be made by resolution of
ratification executed by the authorized officials of the applying
state and submitted to the chairperson of the board.
(2) The resolution shall be in a form and content as provided
in the compact manual and shall include statements that in
substance are as follows:
(i) A citation of the authority by which the state is
empowered to become a party to this compact;
(ii) Agreement to comply with the terms and provisions of the
compact; and
(iii) That compact entry is with all states then party to the
compact and with any state that legally becomes a party to the
compact.
(3) The effective date of entry shall be specified by the
applying state, but shall not be less than sixty days after notice
has been given by the chairperson of the board of compact
administrators or by the secretariat of the board to each party
state that the resolution from the applying state has been
received.
(c) A party state may withdraw from this compact by official
written notice to the other party states, but a withdrawal shall
not take effect until ninety days after notice of withdrawal is
given. The notice shall be directed to the compact administrator
of each member state. No withdrawal shall affect the validity of
this compact as to the remaining party 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 chairperson of the
board of compact administrators and may be initiated by one or more
party states.
(b) Adoption of an amendment shall require endorsement by all
party states and shall become effective thirty days after the date
of the last endorsement.
(c) Failure of a party state to respond to the compact
chairperson within one hundred twenty days after receipt of the
proposed amendment shall constitute endorsement.
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 any
party state or of the United States or the applicability thereof to
any government, agency, individual, or circumstance is held
invalid, the compact shall not be affected thereby. If this
compact shall be held contrary to the constitution of any party
state thereto, the compact shall remain in full force and effect as
to the remaining states and in full force and effect as to the
state affected as to all severable matters.
ARTICLE XI
TITLE
This compact shall be known as the wildlife violator compact.[1994 c 264 § 55; 1993 c 82 § 1. Formerly RCW 77.17.010.]
NOTES:
Revoked licenses -- Application -- 1993 c 82: "The provisions of
this compact shall also apply to individuals whose licenses under
Title 77 RCW are currently in revoked status." [1993 c 82 § 4.]