09- 137 C.M.R. ch. 15, § 02

Current through 2024-51, December 18, 2024

Section 137-15-02 - 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 contribute 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 laws 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 §15.02(A) (7) of this rule 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 §15.02(A) (7) of this rule 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 §15.02(A) (7) of this rule 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 laws 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 §15.03( B) of this rule, 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 the compact is to:

1. Provide a means through which the party states may participate in a reciprocal program to effectuate policies enumerated in §15.02 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.

09- 137 C.M.R. ch. 15, § 02