§ 4451. Adoption of Compact
The Wildlife Violator Compact is hereby enacted into law and entered into by the State
of Vermont with any and all states legally joining therein in accordance with its
terms. The Compact is substantially as follows:
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 or 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 statutes, rules, and other law 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) A person who is cited for a wildlife violation in a state other than the person’s
home state:
(A) may be required to post collateral or bond to secure appearance for a trial at a later
date;
(B) if unable to post collateral or bond, may be taken into custody until the collateral
or bond is posted; or
(C) may be taken directly to court for an immediate appearance.
(8) The purpose of the enforcement practices described in subdivision (7) of this subsection
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) 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 continue
immediately on the person’s way after agreeing or being instructed to comply with
the terms of the citation.
(10) The practice described in subdivision (7) of this subsection 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 subdivision (7) of this subsection consume
an undue amount of law enforcement time.
(b) It is the policy of the party states to:
(1) Promote compliance with the statutes, rules, and other applicable law relating to
management of wildlife resources in their respective states.
(2) Recognize the suspension of wildlife license privileges or rights of any person whose
license privileges or rights have been suspended by a party state and treat this suspension
as if it had occurred in the person’s home state.
(3) Allow violators to accept a wildlife citation, except as provided in subsection (b)
of Article III of this Compact, and be released 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 any conviction that would subject a person to
suspension and that is recorded against any person whose home state was not the issuing
state.
(5) Allow the home state to recognize and treat a conviction that would subject a person
to suspension and that is recorded for their residents and which occurred in another
party state as if the conviction 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 subsection (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
The definitions in this article apply throughout this Compact and are intended only
for the implementation of this Compact:
(1) “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.
(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 the citation through
appearance 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
to the preservation, protection, management, or restoration of wildlife which is prohibited
by state statute, rule, or other relevant law, or a forfeiture of bail, bond, or other
security deposited to secure the 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.
(5) “Court” means a court of law.
(6) “Home state” 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 that conveys to the
person to whom it was issued the privilege of pursuing, possessing, or taking any
wildlife regulated by statute, rule, or other relevant law of a party state.
(9) “Licensing authority” means the department within each party state authorized by law
to issue or approve licenses or permits to hunt, fish, trap, or possess wildlife.
(10) “Party state” means any state which 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 the person will comply with the terms of that citation.
(12) “State” means any state, territory, or possession of the United States, the District
of Columbia, the Commonwealth of Puerto Rico, provinces of Canada, or other countries.
(13) “Suspension” means any revocation, denial, or withdrawal of any or all license privileges
or rights, including the privilege or right to apply for, purchase, or exercise the
benefits conferred by any license.
(14) “Terms of the citation” means those conditions and options expressly stated upon the
citation.
(15) “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, rule, or other
relevant law in a party state. “Wildlife” also means food fish and shellfish as defined
by statute, rule, or other relevant law 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 state law.
(16) “Wildlife law” means any statute, law, regulation, ordinance, or administrative rule
developed and enacted to manage wildlife resources and the use thereof.
(17) “Wildlife officer” means any individual authorized by a party state to issue a citation
for a wildlife violation.
(18) “Wildlife violation” means any cited violation of a statute, rule, or other relevant
law 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 subsection
(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 rules of the Department of Fish and Wildlife;
and
(2) If the violator provides adequate proof of the violator’s identification to the wildlife
officer.
(c) Upon conviction of a wildlife violation subject to suspension or upon 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.
(d) Upon receipt of the report of conviction or noncompliance required by subsection (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 specified by the Department of Fish and Wildlife in rule.
ARTICLE IV
Procedures for Home State
(a) Upon receipt of a report of a 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 enforcement procedures, and shall suspend the violator’s license
privileges or rights 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 of a wildlife violation subject to suspension
from the licensing authority of the issuing state, the licensing authority of the
home state shall enter such conviction in its records according to current procedure
and shall treat such conviction as if it occurred in the home state for the purposes
of the suspension of license privileges and for the purposes of the term of the suspension
of 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 rules adopted by the Department
of Fish and Wildlife.
ARTICLE V
Reciprocal Recognition of Suspension
All party states shall recognize the suspension of license privileges or rights of
any person by any party state as if the violation on which the suspension is based
had in fact occurred in the person’s home state and would have been the basis for
suspension of license privileges or rights in his or her home 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 of Compact Administrators
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, except that in Vermont the Compact
administrator shall be appointed according to 10 V.S.A. § 4452, 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 of Compact Administrators’ 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 of Compact Administrators.
(b) Each member of the Board of Compact Administrators shall be entitled to one vote.
No action of the Board of Compact Administrators shall be binding unless taken at
a meeting at which a majority of the total number of votes on the Board of Compact
Administrators are cast in favor thereof. Action by the Board of Compact Administrators
shall be only at a meeting at which a majority of the party states are represented.
(c) The Board of Compact Administrators shall elect annually, from its membership, a chairperson
and vice chairperson.
(d) The Board of Compact Administrators 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 of Compact Administrators 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 of Compact Administrators 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 of Compact Administrators 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 of Compact Administrators’ action shall
be contained in the rules adopted by the Department of Fish and Wildlife.
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 an act or resolution of ratification executed
by the authorized officials of the applying state and submitted to the Chairperson
of the Board of Compact Administrators.
(2) The act or resolution shall include statements that in substance are as follows:
(A) A citation of the authority by which the state is empowered to become a party to this
Compact;
(B) Agreement to comply with the terms and provisions of the Compact; and
(C) 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 60 days after notice has been given by the Chairperson of the Board of
Compact Administrators or by the Secretariat of the Board of Compact Administrators
to each party state that has received the resolution from the applying state.
(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 90 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 30 days after the date of the last endorsement.
(c) Failure of a party state to respond to the Compact Chairperson within 120 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
Compact Title
This Compact shall be known as the Wildlife Violator Compact. (Added 2011, No. 108 (Adj. Sess.), § 1.)
§ 4454. Penalties
(a) Notwithstanding section 4502 of this title, the Commissioner may suspend a Vermont hunting, fishing, or trapping license and
privileges to obtain such licenses of a person convicted of a wildlife violation in
a state party to the Compact, provided that the wildlife violation would have been
the basis for suspension of license privileges in Vermont.
(b) No person whose license, privilege, or right to hunt, fish, trap, possess, or transport
wildlife, having been suspended or revoked pursuant to this chapter, shall be permitted
to obtain a license to hunt, fish, or trap in Vermont.
(c) A person shall be subject to the financial penalties as set forth under section 4518 of this title if he or she:
(1) hunts, fishes, traps, possesses, or transports wildlife in Vermont in violation of
a suspension or revocation of a license under chapter 108 of this title; or
(2) purchases or possesses a license to hunt, fish, trap, possess, or transport wildlife
in Vermont in violation of a suspension of revocation of a license under chapter 108
of this title.
(d)(1) Prior to suspending a Vermont hunting, fishing, or trapping license of a resident
of this State under subsection (a) of this section, the Commissioner shall notify
the person in writing. A suspension shall be deemed effective:
(A) when given if notice is made in person; or
(B) three days after the deposit of notice in the U.S. mail, if notice is made in writing.
(2) A person receiving notice under subsection (a) of this section may, within 20 days
of the date notice is given, request a hearing before the Commissioner on whether
the requirements for suspension or penalty have been met. The requesting person may
present evidence and arguments at the hearing only regarding whether:
(A) a participating state suspended the person’s privileges;
(B) there was a conviction in the participating state;
(C) the person failed to comply with the terms of a citation issued for a wildlife violation
in a participating state; or
(D) a conviction in a participating state could have led to a license suspension or penalty
in Vermont.
(3) At the hearing, the Commissioner or a hearing officer designated by the Commissioner
may:
(A) administer oaths;
(B) issue subpoenas for the attendance of witnesses; and
(C) admit all relevant evidence and documents, including notifications from participating
states.
(4) Following a hearing under this subsection, the Commissioner or a designated hearing
officer may, based on the evidence, affirm, modify, or rescind the suspension of a
license.
(5) A decision of the Commissioner or hearing officer under this section shall not be
appealable. (Added 2011, No. 108 (Adj. Sess.), § 1.)