GEORGIA STATUTES AND CODES
               		§ 27-2-40 - Wildlife Violator Policy Compact
               		
               		
               	 	
               	 	               	 	
               	 	
               	 	
               	 		
O.C.G.A.    27-2-40   (2010)
   27-2-40.    Wildlife Violator Policy Compact 
      The  Wildlife Violator Compact is enacted into law and entered into by the  State of Georgia with any and all states legally joining therein in  accordance with its terms. The compact is substantially as follows:
  
"WILDLIFE VIOLATOR COMPACT
  
  
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, 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:
            (A)  Must post collateral or bond to secure appearance for a trial at a later date; or
            (B)  If unable to post collateral or bond, 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 described in paragraph (7) of this  subdivision 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)  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 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 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.
  
ARTICLE II
  
  
DEFINITIONS
  
Unless  the context requires otherwise, the definitions in this article apply  through this compact and are intended only for the implementation of  this compact:
(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 the Justice of the Peace 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 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 or  rights, including the privilege or right 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. 'Wildlife' also means food fish and shellfish as defined 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.
  
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 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 adopted by the Board of Natural Resources as a rule; 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 adopted by the  Board of Natural Resources as a rule 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 adopted by the Board of Natural Resources as a rule.
  
ARTICLE IV
  
  
PROCEDURES FOR HOME STATE
  
(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 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 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 adopted by  the Board of Natural Resources as a rule.
  
ARTICLE V
  
  
RECIPROCAL RECOGNITION OF SUSPENSION
  
All  party states shall recognize the suspension of license privileges or  rights of any person by any state as if the violation on which the  suspension is based had in fact occurred in their state and would have  been the basis for suspension of license privileges or rights in their  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, or his or her  designee, 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 contact  administrators action shall be contained in the compact manual adopted  by the Board of Natural Resources as a rule.
  
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 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  resolution shall be in a form and content as provided in the compact  manual adopted by the Board of Natural Resources as a rule and 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 sixty 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 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  ninety 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 thirty days after the date of the last endorsement.
(c)  Failure  of a party state to respond to the compact chairperson within one  hundred twenty 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
  
  
TITLE
  
This compact shall be known as the 'Wildlife Violator Compact.'"