ORS 496.750
Wildlife Law Violator Compact


The Wildlife Violator Compact is hereby enacted into law and entered into on behalf of this state with all other states legally joining therein in a form substantially as follows:

(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 insure 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.
As used in this compact, unless the context requires otherwise:

(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 Justice 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. 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.

(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.

(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.
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.
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.

(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.

(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 60 days after notice has been given by the chairperson of the board of the 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 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.

(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 chairman within 120 days after receipt of the proposed amendment shall constitute endorsement.
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.
This compact shall be known as the Wildlife Violator Compact.

[1989 c.1056 §2]

Source: Section 496.750 — Wildlife Law Violator Compact, https://www.­oregonlegislature.­gov/bills_laws/ors/ors496.­html.

496.002
Short title
496.004
Definitions
496.007
“Game bird” defined
496.009
“Game fish” defined
496.012
Wildlife policy
496.016
Applicability of wildlife laws to commercial fishing laws
496.018
Person with disability under wildlife laws
496.080
State Department of Fish and Wildlife
496.085
Fish Screening Task Force
496.090
State Fish and Wildlife Commission
496.108
Commission officers
496.112
State Fish and Wildlife Director
496.116
Delegation of rulemaking authority to director
496.118
Duties and powers of director
496.121
Authority of department to require fingerprints
496.124
Fish Division
496.128
Reports by commission
496.138
Commission policies and programs
496.141
Fish screening program report
496.146
Additional powers of commission
496.148
Payment by credit card
496.151
Allocation of nonresident tags for outfitters and guides
496.154
Limitation on authority to condemn certain farm use property
496.156
Expenditure priority for anadromous fish management
496.158
Oregon Landowner Damage Program
496.162
Establishing seasons, amounts and manner of taking wildlife
496.164
Cooperation with public and private agencies for fish and wildlife management
496.167
Department recompensable assistance to agencies
496.168
Estimated expenses for recompensable assistance
496.169
Citizen involvement for wildlife management on private lands
496.171
Definitions for ORS 496.171 to 496.182
496.172
Commission management authority for threatened or endangered species
496.176
Listing species
496.182
Protection and conservation programs
496.192
Effect of law on commercial forestland or other private land
496.201
Department to furnish salmon for ceremonies
496.206
Written request for salmon
496.211
Limitation on amount and use
496.216
Disposition of salmon remaining after ceremony
496.221
ORS 496.201 to 496.221 not intended to extend Indian legal or political rights
496.228
Access and Habitat Board
496.232
Board to make program recommendations
496.236
Advisory councils to board
496.242
Access and habitat program funds
496.246
Use of public lands for hunting
496.252
Oregon Conservation and Recreation Fund
496.254
Oregon Conservation and Recreation Advisory Committee
496.264
Findings
496.266
Environmental restoration weirs
496.270
Immunity from liability for damages resulting from habitat or water quality improvement project
496.272
Wildlife Corridor Action Plan
496.273
Agency assistance and advice regarding plan
496.275
Salmon resource protection and restoration
496.280
Findings
496.283
Use of certain moneys
496.286
Restoration and Enhancement Board
496.289
Duties of board
496.291
Advisory councils
496.300
State Wildlife Fund
496.303
Fish and Wildlife Account
496.306
Compensation for damage done by bear and cougar not to be paid from State Wildlife Fund
496.311
Limitation on size of revolving fund
496.340
Payments to counties in lieu of taxes
496.350
Willamette River Basin Bonneville Power Administration Stewardship Fund
496.375
“Nongame wildlife” defined
496.385
Nongame Wildlife Fund
496.390
Control over fund by department
496.430
Definitions for ORS 496.430 and 496.435 to 496.455
496.435
Policy to recover and sustain native stocks
496.440
Enhancement program to be conducted by commission
496.445
Duties of commission
496.450
Application for project
496.455
Use of native stocks for projects
496.458
Remote hatchbox program
496.460
Salmon and Trout Enhancement Program Advisory Committee
496.465
Interference with project prohibited
496.470
Natural production of anadromous fish
496.475
Adoption of basin plans
496.480
Reports on basin plans
496.490
Fishing tackle program
496.510
Assent to federal wildlife-restoration statute
496.525
Federal fish restoration and management aid
496.550
Migratory waterfowl stamps
496.555
Contract on migratory waterfowl stamp matters
496.558
“Upland bird” defined
496.562
Policy
496.566
Contest for stamp design
496.571
Habitat conservation stamp
496.605
Enforcement of wildlife laws by State Fish and Wildlife Director, deputies and peace officers
496.610
State police to enforce wildlife laws
496.615
Commission employees to supplement state police
496.620
Nonliability of law enforcement officers
496.630
District attorneys to prosecute criminal cases
496.640
Service of process by law enforcement personnel
496.645
Arrest without warrant of violators
496.650
Issuance of citation to violator
496.665
Issuance of search warrants
496.670
Arrests made on Sunday
496.675
Seizure without warrant by law enforcement personnel
496.680
Seizure of unlawful devices and unlawfully taken wildlife
496.690
Possession of wildlife as evidence of illegal taking
496.695
Counseling, aiding or sharing in violation
496.700
Investigating violations
496.705
Damage suits for unlawful killing of wildlife
496.710
Compelling testimony in enforcement proceedings
496.716
Wildlife inspection stations
496.730
Legislative intent
496.731
Written notification requiring removal of attractant for potentially habituated wildlife
496.750
Wildlife Law Violator Compact
496.815
Definitions for ORS 496.815 to 496.825
496.820
Permit or license fee
496.825
Application fee
496.830
Penalty fee
496.835
Oregon Fish and Wildlife Hydroelectric Fund
496.850
Community outreach and education regarding recreational harvesting of shellfish
496.992
Penalties
496.994
Obstructing the taking of wildlife prohibited
496.996
Attempts to take wildlife decoy as unlawful wildlife taking
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