§ 113-300.6. Governor to execute compact; form of compact.
§ 113‑300.6. Governorto execute compact; form of compact.
The Governor shall execute anInterstate Wildlife Violator Compact on behalf of the State of North Carolinawith any state of the United States legally joining therein in the formsubstantially as follows:
Article I.
Findings, Declaration of Policy, and Purpose.
(a) The party statesfind that:
(1) Wildlife resourcesare managed in trust by the respective states for the benefit of all residentsand visitors.
(2) The protection oftheir respective wildlife resources can be materially affected by the degree ofcompliance with state statute, law, regulation, ordinance, or administrativerule relating to the management of those resources.
(3) The preservation,protection, management, and restoration of wildlife contributes immeasurably tothe aesthetic, recreational, and economic aspects of these natural resources.
(4) Wildlife resourcesare valuable without regard to political boundaries; therefore, all personsshould be required to comply with wildlife preservation, protection,management, and restoration laws, ordinances, and administrative rules andregulations of all party states as a condition precedent to the continuance orissuance of any license to hunt, fish, trap, or possess wildlife.
(5) Violation ofwildlife laws interferes with the management of wildlife resources and mayendanger the safety of persons and property.
(6) The mobility of manywildlife law violators necessitates the maintenance of channels ofcommunication among the various states.
(7) In most instances, aperson who is cited for a wildlife violation in a state other than the person'shome state:
a. Must post collateralor bond to secure appearance for a trial at a later date; or
b. If unable to postcollateral or bond, is taken into custody until the collateral or bond isposted; or
c. Is taken directly tocourt for an immediate appearance.
(8) The purpose of theenforcement practices described in subdivision (7) of this subsection is toensure compliance with the terms of a wildlife citation by the person who, ifpermitted to continue on the person's way after receiving the citation, couldreturn to the person's home state and disregard the person's duty under theterms of the citation.
(9) In most instances, aperson receiving a wildlife citation in the person's home state is permitted toaccept the citation from the officer at the scene of the violation and toimmediately continue on the person's way after agreeing or being instructed tocomply with the terms of the citation.
(10) The practicedescribed in subdivision (7) of this subsection causes unnecessaryinconvenience and, at times, a hardship for the person who is unable at thetime to post collateral, furnish a bond, stand trial, or pay the fine, and thusis compelled to remain in custody until some alternative arrangement can bemade.
(11) The enforcementpractices described in subdivision (7) of this subsection consume an undueamount of law enforcement time.
(b) It is the policy ofthe party states to:
(1) Promote compliancewith the statutes, laws, ordinances, regulations, and administrative rulesrelating to management of wildlife resources in their respective states.
(2) Recognize thesuspension of wildlife license privileges of any person whose licenseprivileges have been suspended by a party state and treat this suspension as ifit had occurred in their state.
(3) Allow violators toaccept a wildlife citation, except as provided in subsection (b) of ArticleIII, and proceed on the violator's way without delay whether or not the personis a resident in the state in which the citation was issued, provided that theviolator's home state is party to this compact.
(4) Report to theappropriate party state, as provided in the compact manual, any convictionrecorded against any person whose home state was not the issuing state.
(5) Allow the home stateto recognize and treat convictions recorded for their residents which occurredin another party state as if they had occurred in the home state.
(6) Extend cooperationto its fullest extent among the party states for obtaining compliance with theterms of a wildlife citation issued in one party state to a resident of anotherparty state.
(7) Maximize effectiveuse of law enforcement personnel and information.
(8) Assist court systemsin the efficient disposition of wildlife violations.
(c) The purposes ofthis compact are to:
(1) Provide a meansthrough which the party states may participate in a reciprocal program toeffectuate policies enumerated in subsection (b) of this Article in a uniformand orderly manner.
(2) Provide for the fairand impartial treatment of wildlife violators operating within party states inrecognition of the person's right of due process and the sovereign status of aparty state.
Article II.
Definitions.
Unless the context requiresotherwise, the definitions in this Article apply through this compact and areintended only for the implementation of this compact:
(1) "Citation"means any summons, complaint, ticket, penalty assessment, or other official documentissued by a wildlife officer or other peace officer for a wildlife violationcontaining an order which requires 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 ofa citation for a wildlife violation.
(3) "Compliance"with respect to a citation means the act of answering the citation throughappearance at a court, a tribunal, or payment of fines, costs, and surcharges,if any, or both such appearance and payment.
(4) "Conviction"means a conviction, including any court conviction, of any offense related tothe preservation, protection, management, or restoration of wildlife which isprohibited by state statute, law, regulation, ordinance, or administrativerule, or a forfeiture of bail, bond, or other security deposited to secureappearance by a person charged with having committed any such offense, orpayment of a penalty assessment, or a plea of nolo contendere, or theimposition 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 PeaceCourt.
(6) "Homestate" means the state of primary residence of a person.
(7) "Issuing state"means the party state which issues a wildlife citation to the violator.
(8) "License"means any license, permit, or other public document which conveys to the personto whom it was issued the privilege of pursuing, possessing, or taking anywildlife regulated by statute, law, regulation, ordinance, or administrativerule of a party state.
(9) "Licensingauthority" means the department or division within each party state whichis authorized by law to issue or approve licenses or permits to hunt, fish, trap,or possess wildlife.
(10) "Partystate" means any state which enacts legislation to become a member of thiswildlife compact.
(11) "Personalrecognizance" means an agreement by a person made at the time of issuanceof the wildlife citation that the person will comply with the terms of thatcitation.
(12) "State"means any state, territory, or possession of the United States, including theDistrict of Columbia and the Commonwealth of Puerto Rico.
(13) "Suspension"means any revocation, denial, or withdrawal of any or all license privileges,including the privilege to apply for, purchase, or exercise the benefitsconferred by any license.
(14) "Terms of thecitation" means those conditions and options expressly stated upon thecitation.
(15) "Wildlife"means all species of animals, including but not necessarily limited to mammals,birds, fish, reptiles, amphibians, mollusks, and crustaceans, which are definedas "wildlife" and are protected or otherwise regulated by statute,law, regulation, ordinance, or administrative rule in a party state."Wildlife" includes all species of animals that are protected orregulated by the Wildlife Resources Commission, the Marine FisheriesCommission, or the Division of Marine Fisheries in the Department of Environmentand Natural Resources. "Wildlife" also means food fish and shellfishas defined by statute, law, regulation, ordinance, or administrative rule in aparty state. Species included in the definition of "wildlife" varyfrom state to state and determination of whether a species is"wildlife" for the purposes of this compact shall be based on locallaw.
(16) "Wildlifelaw" means any statute, law, regulation, ordinance, or administrative ruledeveloped and enacted to manage wildlife resources and the use thereof.
(17) "Wildlifeofficer" means any individual authorized by a party state to issue acitation for a wildlife violation.
(18) "Wildlifeviolation" means any cited violation of a statute, law, regulation,ordinance, or administrative rule developed and enacted to manage wildliferesources and the use thereof.
Article III.
Procedures for Issuing State.
(a) When issuing acitation for a wildlife violation, a wildlife officer shall issue a citation toany person whose primary residence is in a party state in the same manner as ifthe person were a resident of the home state and shall not require the personto post collateral to secure appearance, subject to the exceptions contained insubsection (b) of this Article, if the officer receives the person's personalrecognizance that the person will comply with the terms of the citation.
(b) Personalrecognizance is acceptable:
(1) If not prohibited bylocal law or the compact manual; and
(2) If the violatorprovides adequate proof of the violator's identification to the wildlifeofficer.
(c) Upon conviction orfailure of a person to comply with the terms of a wildlife citation, theappropriate official shall report the conviction or failure to comply to thelicensing authority of the party state in which the wildlife citation wasissued. The report shall be made in accordance with procedures specified by theissuing state and shall contain the information specified in the compact manualas minimum requirements for effective processing by the home state.
(d) Upon receipt of thereport of conviction or noncompliance required by subsection (c) of thisArticle, the licensing authority of the issuing state shall transmit to thelicensing authority in the home state of the violator the information in a formand content as contained in the compact manual.
Article IV.
Procedures for Home State.
(a) Upon receipt of areport of failure to comply with the terms of a citation from the licensingauthority of the issuing state, the licensing authority of the home state shallnotify the violator, shall initiate a suspension action in accordance with thehome state's suspension procedures, and shall suspend the violator's 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 safeguards will be accorded.
(b) Upon receipt of areport of conviction from the licensing authority of the issuing state, thelicensing authority of the home state shall enter such conviction in itsrecords and shall treat such conviction as if it occurred in the home state forthe purposes of the suspension of license privileges.
(c) The licensingauthority of the home state shall maintain a record of actions taken and makereports to issuing states as provided in the compact manual.
Article V.
Reciprocal Recognition of Suspension.
All party states shallrecognize the suspension of license privileges of any person by any state as ifthe violation on which the suspension is based had in fact occurred in theirstate and could have been the basis for suspension of license privileges intheir state.
Article VI.
Applicability of Other Laws.
Except as expressly requiredby provisions of this compact, nothing herein shall be construed to affect theright of any party state to apply any of its laws relating to licenseprivileges to any person or circumstance or to invalidate or prevent anyagreement or other cooperative arrangements between a party state and anonparty state concerning wildlife law enforcement.
Article VII.
Compact Administrator Procedures.
(a) For the purpose ofadministering the provisions of this compact and to serve as a governing bodyfor the resolution of all matters relating to the operation of this compact, aBoard of Compact Administrators is established. The Board of CompactAdministrators shall be composed of one representative from each of the partystates to be known as the Compact Administrator. The Compact Administratorshall be appointed by the head of the licensing authority of each party stateand will serve and be subject to removal in accordance with the laws of thestate the Compact Administrator represents. A Compact Administrator may providefor the discharge of the Compact Administrator's duties and the performance ofthe Compact Administrator's functions as a Board member by an alternate. Analternate shall not be entitled to serve unless written notification of thealternate's identity has been given to the Board of Compact Administrators.
(b) Each member of theBoard of Compact Administrators shall be entitled to one vote. No action of theBoard of Compact Administrators shall be binding unless taken at a meeting atwhich a majority of the total number of votes on the board are cast in favorthereof. Action by the Board of Compact Administrators shall be only at ameeting at which a majority of the party states are represented.
(c) The Board ofCompact Administrators shall elect annually, from its membership, a Chair andVice‑Chair.
(d) The Board ofCompact Administrators shall adopt bylaws, not inconsistent with the provisionsof this compact or the laws of a party state, for the conduct of its businessand shall have the power to amend and rescind its bylaws.
(e) The Board ofCompact Administrators may accept for any of its purposes and functions underthis compact all donations and grants of money, equipment, supplies, materials,and services, conditional or otherwise, from any state, the United States, orany governmental agency, and may receive, utilize, and dispose of the same.
(f) The Board ofCompact Administrators may contract with or accept services or personnel fromany governmental or intergovernmental agency, individual, firm, corporation, orany private nonprofit organization or institution.
(g) The Board ofCompact Administrators shall formulate all necessary procedures and developuniform forms and documents for administering the provisions of this compact.All procedures and forms adopted pursuant to Board of Compact Administratorsaction shall be contained in the compact manual.
Article VIII.
Entry into Compact and Withdrawal.
(a) This compact shallbecome effective when it has been adopted by at least two states.
(b) (1) Entryinto the compact shall be made by resolution of ratification executed by theauthorized officials of the applying state and submitted to the Chair of theBoard of Compact Administrators.
(2) The resolution shallbe in a form and content as provided in the compact manual and shall includestatements that in substance are as follows:
a. A citation of theauthority by which the state is empowered to become a party to this compact;
b. Agreement to complywith the terms and provisions of the compact; and
c. That compact entryis with all states then party to the compact and with any state that legallybecomes a party to the compact.
(3) The effective dateof entry shall be specified by the applying state, but shall not be less than60 days after notice has been given by the Chair of the Board of CompactAdministrators or by the secretariat of the Board to each party state that theresolution from the applying state has been received.
(c) A party state maywithdraw from this compact by official written notice to the other partystates, but a withdrawal shall not take effect until 90 days after notice ofwithdrawal is given. The notice shall be directed to the Compact Administratorof each member state. No withdrawal shall affect the validity of this compactas to the remaining party states.
Article IX.
Amendments to the Compact.
(a) This compact may beamended from time to time. Amendments shall be presented in resolution form tothe Chair of the Board of Compact Administrators and may be initiated by one ormore party states.
(b) Adoption of anamendment shall require endorsement by all party states and shall becomeeffective 30 days after the date of the last endorsement.
Article X.
Construction and Severability.
This compact shall beliberally construed so as to effectuate the purposes stated herein. Theprovisions of this compact shall be severable and if any phrase, clause,sentence, or provision of this compact is declared to be contrary to theconstitution of any party state or of the United States or the applicabilitythereof to any government, agency, individual, or circumstance is held invalid,the compact shall not be affected thereby. If this compact shall be heldcontrary to the constitution of any party state thereto, the compact shallremain in full force and effect as to the remaining states and in full forceand effect as to the state affected as to all severable matters. (2008‑120, s. 1; 2009‑15,s. 1.)