Interstate Wildlife Violator Compact

Last updated February 26, 2024

The Interstate Wildlife Violator Compact (IWVC) is a United States interstate compact (an agreement among participating states) to provide reciprocal sharing of information regarding sportsman fishing, hunting, and trapping violations and allows for recognition of suspension or revocation of hunting, fishing, and trapping licenses and permits in other member states resulting from violations concerning hunting, fishing and trapping laws in order to prevent poaching across state lines. All 50 US states are members of the compact.

Illegal activities in one state can thus affect a person’s hunting or fishing privileges in all member states. The IWVC obligates members to report wildlife violation convictions to Compact members, gives the members the capability to honor each other's suspensions, and provides the method to exchange violator data between member states. A conviction in one Compact member state may cause them to be barred from participating in hunting, fishing, and trapping in all member states, at the discretion of each state.

Introduction

If a person's license or permit privileges which come under the scope of the Compact are suspended or revoked in one member state, they are subject to suspension or revocation in all member states. In addition to license and permit suspensions and revocations which result from a conviction for the illegal pursuit, possession or taking of mammals, birds, fish, reptiles, amphibians, mollusks, shellfish and crustaceans, failing to appear in court or to otherwise answer a ticket or summons issued for such violations will also result in license or permit suspension. Compact member states also agree to recognize convictions for violations within the scope of the Compact which occur in all other member states and to apply them toward license and permit suspension and revocations in the state in which the person resides.

The Interstate Wildlife Violator Compact also establishes a process whereby wildlife law violations by a non-resident from a member state are handled as if the person were a resident, meaning they can be served a ticket rather than being arrested, booked, and bonded. This process is a convenience for hunters, fishermen, and trappers of member states, and increases efficiency of Game Wardens by allowing more time for enforcement duties rather than violator processing procedures.

Each member state honors all similar wildlife violation suspensions from other member states. This would include Failure to Appear in court violations. One of the benefits to sportsman who violate wildlife laws is if they are from a member state game warden can write them a simple citation instead of taking them to jail and having them post a cash bond. If a non-resident sportsman is issued a wildlife citation fails to comply with the citation or appear in court, the Wildlife Agency of that state will notify their home state of a Failure to Comply. The home state will then suspend that person's resident hunting or fishing license. Once the sportsman complies with the initial violation, their home state will be notified and their resident license will be reinstated. The threat of not being able to hunt, fish, or trap in most states will serve as a powerful deterrent to would be poachers.

For a state to become a part of the compact, the state first must pass a legislation to join then the state's wildlife agency will adopt regulations to implement the membership. Membership in the compact requires no additional funding or additional staffing, however, as of 2018, there is a $500 annual membership fee for each state. Entering the violators into the database take a small amount of time and is normally the responsibility of the state's existing wildlife agency personnel.

History

The concept of a wildlife violator compact was first advanced in the early 1980s by member states in the Western Association of Fish and Wildlife Agencies. Law enforcement administrators and Wildlife Commissioners from several states began discussing the idea of a compact based on the format of the existing Driver License Compact and Non-Resident Violator Compacts, both of these related to motor vehicle operator licensing and enforcement.

In 1985 draft compacts were developed independently in Colorado and Nevada. Subsequently, these drafts were merged and the Interstate Wildlife Violator Compact was created. During the 1989 Legislative session compact legislation was passed into law in Colorado, Nevada and Oregon. These three states formed the nucleus of the compact.

How the Compact Works

The compact creates reciprocity among member states for purposes of hunting, fishing, and trapping license suspensions. In most instances, when a resident of a Compact state ("home state") commits a wildlife violation in another member state ("charging state"), the officer in the charging state can treat the non-resident violator as though he/she were a resident - issuing a citation and releasing him/her on personal recognizance. If the violator fails to comply with the citation, the charging state may request the violator's home state to suspend hunting privileges until the violator complies with the terms of the ticket. If the violator is convicted, he/she will be entered into the Compact database. The home state and all member states may treat the conviction as though it occurred in their own state for purposes of license suspension.

Benefits of the Compact

The Compact reduces poaching through reciprocal recognition of license suspensions which reduces interstate wildlife violator movement. Previous to the Compact, a poacher could lose their license and simply cross state lines with no penalty. They would have to lose their license in each state in order for penalties to take effect. With the Compact, poachers caught poaching in a participating state, he/she will be held accountable for his/her actions across any participating state.

The Compact streamlines the process for dealing with non-resident violators, conserving valuable state resources and enhancing efficiency of services. There are fewer arrests because officers can cite-and-release non-residents, thereby reducing the burden on jail facilities and courts. In addition, since a non-resident offender is subject to license suspension in his/her state home state for failure to comply with a citation, he/she has the same incentive to comply as a resident - reducing failure-to-appear cases.

Process for Joining

There are a few steps required for a state to join the Compact:

1. The state must pass legislation to join (incorporating the Compact directly into the state's statutes or authorizing the state wildlife agency to join).

2. The agency must adopt regulations to implement Compact membership. States communicate suspensions with each other using the Compact database, which stores revocation information.

3. States must pay an annual fee of $500 for access to the database. Entering violators into the Compact and ratifying other states' suspensions requires a minor time commitment and this responsibility is usually carried out by existing agency personnel.

Conflicting with State Laws

The Compact provides general procedures to be followed by enforcement agencies and courts. A state can develop specific Compact procedures to comply with legal and administrative requirements of that state as long as the procedures comply with the intent of the Compact. The Compact does not affect the right of any participating state to apply any of its laws relating to license privileges to any person or circumstance. When the Compact conflicts with a state's laws, it remains in full force and effect for the at state without the conflicting provision.

Related Research Articles

Poaching is the illegal hunting or capturing of wild animals, usually associated with land use rights. Poaching was once performed by impoverished peasants for subsistence purposes and to supplement meager diets. It was set against the hunting privileges of nobility and territorial rulers.

License suspension or revocation traditionally follows conviction for alcohol-impaired or drunk driving. However, under administrative license suspension (ALS) laws, sometimes called administrative license revocation or administrative per se, licenses are confiscated and automatically suspended independent of criminal proceedings whenever a driver either (1) refuses to submit to chemical testing, or (2) submits to testing with results indicating a blood alcohol content of 0.08% or higher.

The Driver License Compact is an agreement between states in the United States of America. The compact is used to exchange data between motorist's home state and a state where the motorist incurred a vehicular violation. Not all states are members, and states respond to the data differently.

The Non-Resident Violator Compact (NRVC) is a United States interstate compact used by 44 states and Washington, D.C. to process traffic citations across state borders.

In the United States, the Driver License Agreement (DLA) is an interstate compact written by the Joint Executive Board of the Driver License Compact (DLC) and the Non-Resident Violator Compact (NRVC) with staff support provided by the American Association of Motor Vehicle Administrators (AAMVA). The DLA requires all states to honor licenses issued by other member states, report traffic convictions to the licensing state, prohibit a member state from confiscating an out-of-state driver's license or jailing an out-of-state driver for a minor violation; and maintain a complete driver's history, including withdrawals and traffic convictions including those committed in non-DLA states.

<span class="mw-page-title-main">Kentucky Department of Fish and Wildlife Resources</span>

The Kentucky Department of Fish and Wildlife Resources, an agency of the Kentucky Tourism, Arts and Heritage Cabinet, is responsible for the conservation of wildlife resources and for boating projects in the state. A commissioner appointed by the Fish and Wildlife Commission heads the department. The commission—which oversees the department's commissioner and promulgates regulations governing fishing, hunting, and boating—is a nine-member bipartisan board appointed by the governor from a list of candidates nominated by active hunters and anglers in each of nine geographic districts in the state.

Game laws are statutes which regulate the right to pursue and hunt certain kinds of wild animals and fish. The scope of game laws can include the following:

Many countries have adopted a penalty point or demerit point system under which a person’s driving license is revoked or suspended based on the number of points they’ve accumulated over a specific period of time, points are given for traffic offenses or infringements committed by them in that period. The demerit points schemes of each jurisdiction varies. These demerit schemes are usually in addition to fines or other penalties which may be imposed for a particular offence or infringement, or after a prescribed number of points have been accumulated.

Revocation is the act of recall or annulment. It is the cancelling of an act, the recalling of a grant or privilege, or the making void of some deed previously existing. A temporary revocation of a grant or privilege is called a suspension.

The South Carolina Department of Natural Resources (DNR) is a South Carolina state agency charged with regulating hunting, fishing, boating, duck stamp orders, and the conservation efforts of the state government.

The Oregon Department of Fish and Wildlife (ODFW) is a government agency of the U.S. state of Oregon responsible for programs protecting Oregon fish and wildlife resources and their habitats. The agency operates hatcheries, issues hunting and angling licenses, advises on habitat protection, and sponsors public education programs. Its history dates to the 1878 establishment of the office of Columbia River Fish Warden. Since 1931, enforcement of Oregon's Fish and Game laws has been the responsibility of the Oregon State Police rather than separate wardens.

A bag limit is a law imposed on hunters and fishermen restricting the number of animals within a specific species or group of species they may kill and keep. Size limits and hunting seasons sometimes accompany bag limits which place restrictions on the size of those animals and the time of year during which hunters may legally kill them. Those who violate these laws or other hunting laws are known as poachers.

<span class="mw-page-title-main">Hunting license</span> Regulatory or legal mechanism to control hunting

A hunting license or hunting permit is a regulatory or legal mechanism to control hunting, both commercial and recreational. A license specifically made for recreational hunting is sometimes called a game license.

The North Carolina Wildlife Resources Commission is a state government agency created by the General Assembly in 1947 to conserve and sustain North Carolina's fish and wildlife resources through research, scientific management, wise use, and public input. The Commission is the regulatory agency responsible for the enforcement of NC fishing, hunting, trapping and boating laws.

The Oklahoma Water Resources Board (OWRB) is an agency in the government of Oklahoma under the Governor of Oklahoma. OWRB is responsible for managing and protection the water resources of Oklahoma as well as for planning for the state's long-range water needs. The Board is composed of nine members appointed by the Governor with the consent of the Oklahoma Senate. The Board, in turn, appoints an Executive Director to administer the agency.

<span class="mw-page-title-main">Division of Fisheries and Wildlife (Massachusetts)</span>

The Massachusetts Division of Fisheries and Wildlife, sometimes referred to as MassWildlife, is an agency of the Massachusetts Department of Fish and Game, within the Executive Office of Energy and Environmental Affairs. The Massachusetts Division of Fisheries and Wildlife (DFW) is responsible for the conservation - including restoration, protection and management - of fish and wildlife resources for the benefit and enjoyment of the public. MassWildlife was founded as a state fisheries commission in 1866 in response to citizen concerns about the loss of Atlantic salmon to dams and pollution. The agency's activities are mainly supported by revenue from the sale of hunting, trapping and fishing licenses, stamps and permits; returns from federal taxes on hunting and fishing equipment; various bond initiatives (primarily for land purchase. Additional funding is derived from voluntary donations from businesses, conservation organizations, and individuals.

The Montana Department of Fish, Wildlife and Parks (MFWP) is a government agency in the executive branch state of Montana in the United States with responsibility for protecting sustainable fish, wildlife, and state-owned park resources in Montana for the purpose of providing recreational activities. The agency engages in law enforcement activities to enforce laws and regulations regarding fish, wildlife, and state parks, and encourages safe recreational use of these resources.

Gun laws in Utah regulate the sale, possession, and use of firearms and ammunition in the state of Utah in the United States.

Gun laws in Massachusetts regulate the sale, possession, and use of firearms and ammunition in the Commonwealth of Massachusetts in the United States. These laws are among the most restrictive in the entire country.

A fishing license (US), fishing licence (UK), or fishing permit is an administrative or legal mechanism employed by state and local governments to regulate fishing activities within their administrative areas. Licensing is one type of fisheries management commonly used in Western countries, and may be required for either commercial or recreational fishing.

References

This page is based on this Wikipedia article
Text is available under the CC BY-SA 4.0 license; additional terms may apply.
Images, videos and audio are available under their respective licenses.