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Okla. Stat. tit. 29, § 29-10-101

This is the official text of Okla. Stat. tit. 29, § 29-10-101, part of Oklahoma’s Stat. tit. 29, — part of the compiled statutory law of Oklahoma, published by the state as "Stat. tit. 29,." Browse the sections below, each linked to its official government source.

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Interstate Wildlife Violator Compact

Official statutory text

The Interstate Wildlife Violator Compact is hereby enacted into

law and entered into with all jurisdictions legally joining therein,

in the form substantially as follows:

ARTICLE 1. FINDINGS, DECLARATION OF POLICY, AND PURPOSE

A. The participating states find that the following provisions

apply:

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, ordinances, regulations, and administrative rules relating to

the management of such 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

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;

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 that person's own state:

Oklahoma Statutes - Title 29. Game and Fish Page 161

a. is required to post collateral or a bond to secure

appearance for a trial at a later date,

b. is taken into custody until the collateral or bond is

posted, or

c. 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 proceed after receiving the citation, could return to the home

state of the person and disregard their duty under the terms of the

citation;

9. In most instances, a person receiving a wildlife citation in

the home state of the person 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;

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 is thus 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, 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

participating state and may treat the suspension as if it had

occurred in their state;

3. Allow a violator, except as provided in subsection B of

Article 3 of this compact, 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 home state of the violator is

party to this compact;

4. 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;

5. Allow the home state to recognize and treat convictions

recorded against its residents, which convictions occurred in a
ch the

citation was issued, provided that the home state of the violator is

party to this compact;

4. 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;

5. 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;

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;

Oklahoma Statutes - Title 29. Game and Fish Page 162

7. Maximize 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's right to due process and the sovereign status of a

participating state.

ARTICLE 2. DEFINITIONS

As used in this compact, 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 game warden, 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

game warden, 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;

Oklahoma Statutes - Title 29. Game and Fish Page 163

9. "Licensing authority" means the commission, 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 the person

will comply with the terms of the citation;

12. "State" means any state, territory, or possession of the
ermits 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 the 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;

and

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 3. 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 may not require the 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 the person that the person will comply with the

terms of the citation.

B. Personal recognizance is acceptable if:

1. Not prohibited by state or local law or the compact manual;

and

Oklahoma Statutes - Title 29. Game and Fish Page 164

2. 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 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.

D. Upon receipt of 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 form and content as

prescribed in the compact manual.

ARTICLE 4. 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 may initiate a suspension action in

accordance with the suspension procedures of the home state and may

suspend the license privileges of the violator 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.
home state shall

notify the violator and may initiate a suspension action in

accordance with the suspension procedures of the home state and may

suspend the license privileges of the violator 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 may enter the conviction in its records and may treat the

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.

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 5. RECIPROCAL RECOGNITION OF SUSPENSION

A. 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.

B. Each participating state shall communicate suspension

information to other participating states in form and content as

contained in the compact manual.

ARTICLE 6. 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

Oklahoma Statutes - Title 29. Game and Fish Page 165

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 7. COMPACT ADMINISTRATOR - PROCEDURES

A. 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.

B. 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

votes by the board 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.

C. The board shall elect annually from its membership a

presiding officer and a vice presiding officer.

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 may 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 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.

F. The board may contract with, or accept services or personnel

from, any governmental or intergovernmental agency, individual,
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.

F. 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.

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 must be contained in a compact manual.

ARTICLE 8. ENTRY INTO COMPACT AND WITHDRAWAL

A. This compact becomes effective at such time as it is adopted

in a substantially similar form by two or more states.

Oklahoma Statutes - Title 29. Game and Fish Page 166

B. 1. 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.

2. The resolution must substantially be in the form and content

as provided in the compact manual and must include the following:

a. a citation of the authority from which the state is

empowered to become a party to this compact,

b. an agreement of compliance with the terms and

provisions of this compact, and

c. 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.

3. The effective date of entry must be specified by the

applying state but may not be less than sixty (60) days after notice

has been given by the:

a. presiding officer of the board of the compact

administrators, or

b. secretariat of the board to each participating state

that the resolution from the applying state has been

received.

C. 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 (90) 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 9. AMENDMENTS TO THE COMPACT

A. 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.

B. Adoption of an amendment requires endorsement by all

participating states and becomes effective thirty (30) days after

the date of the last endorsement.

C. Failure of a participating state to respond to the compact

presiding officer within one hundred twenty (120) days after receipt

of a proposed amendment constitutes endorsement thereof.

ARTICLE 10. 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

Oklahoma Statutes - Title 29. Game and Fish Page 167

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.

Status: in_force · Read it on the official government site

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