FINAL BILL REPORT

                 EHB 1484

                          C 82 L 93

                     Synopsis as Enacted

 

Brief Description:  Creating a wildlife violator compact.

 

By Representatives King, Orr and Fuhrman; by request of Department of Wildlife.

 

House Committee on Fisheries & Wildlife

Senate Committee on Natural Resources

 

Background:  A compact is generally initiated by individual states in order to generate coordinated multi-state activity to resolve a common problem.

 

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.  Arizona, Colorado, Idaho, Nevada, Oregon and Utah have adopted wildlife violator compact legislation since then. 

 

A hunter or fisher in Washington is subject to revocation of license privileges for certain violations involving big game, hunting accidents, and repeated wildlife violations within a 10-year period.  License privileges of over 250 violators are revoked by the Department of Wildlife each year.  Other states do not recognize the suspension of wildlife license privileges in Washington, and Washington does not recognize such suspensions in other states.  Nonresidents violating Washington's wildlife laws are often required to post collateral or bond to secure appearance for a trial at a later date, taken into custody if unable to pay, or taken directly to court for an appearance.  This can be time consuming for law enforcement officials. 

 

Summary:  The Wildlife Violator Compact is established in Washington.

 

The compact provides the following procedures to be followed by the state issuing a citation:

 

(1) When a wildlife officer issues a citation for a wildlife violation to a person from another party state, collateral to secure appearance is not required if the officer receives the person's personal recognizance that the person will comply with the terms of the citation;

 

(2) If a person is convicted of a wildlife violation or fails to comply with the terms of a wildlife citation, the appropriate official is to report this to the licensing authority of the party state in which the wildlife citation was issued; and

 

(3) Upon receipt of the report of conviction or noncompliance, the licensing authority of the issuing state is required to transmit pertinent information to the licensing authority in the home state of the violator.

 

The home state shall follow the procedures listed below:

 

(1) 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 is required to notify the violator, initiate a suspension action in accordance with the home state's suspension procedures, and suspend the violator's license until evidence of compliance with the terms of the wildlife citation has been furnished by the issuing state to the home state licensing authority;

 

(2) Upon receipt of a report of conviction from the licensing authority of the issuing state, the licensing authority of the home state will treat the conviction as if it occurred in the home state for the purposes of the suspension of license privileges; and

 

(3) The licensing authority of the home state is required to maintain a record of actions taken and make reports to issuing states.  

 

Parties to the compact are to 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.  The compact does not affect existing laws of each state.

 

A board of compact administrators is created, composed of one representative from each of the party states, to administer the provisions of the compact.

 

In order for the compact to become effective, it must be adopted by at least two states.  The process for entry into and withdrawal from the compact is outlined.  Procedures are established for amending the compact.

 

Specific direction is given to the departments of Wildlife and Fisheries for procedures to facilitate compact administration.

 

The director of the Department of Wildlife is to furnish to participating states information or documents necessary to facilitate compact administration.  On receipt of a report of failure to comply with the terms of a citation or of a conviction from the licensing authority of a state that is a party to the compact, the Department of Wildlife is required to 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 department.  The department is required to adopt rules outlining procedures for the timely notification and administrative review of a license suspension. 

 

Where the violation is of a law administered by the Department of Fisheries, the Department of Wildlife must notify the Department of Fisheries on receipt of a report of failure to comply with the terms of a recreational citation or of a conviction from the licensing authority of a state that is party to the compact.  The Department of Fisheries is directed to suspend the violator's recreational license privileges until satisfactory evidence of compliance with the terms of the wildlife citation has been furnished by the Department of Wildlife.  The Department of Fisheries is directed to adopt by rule procedures for the timely notification and administrative review of such suspension of recreational license privileges.

 

The relevant agency shall enter convictions in the agency's records and must treat the conviction as if it occurred in the state of Washington for the purposes of suspension, revocation, or forfeiture of license privileges.

 

Votes on Final Passage:

 

House  97 0

Senate 47 0

 

Effective:  July 25, 1993