Code of Maine Rules
09 - DEPARTMENT OF INLAND FISHERIES AND WILDLIFE
137 - DEPARTMENT OF INLAND FISHERIES AND WILDLIFE - GENERAL
Chapter 15 - INTERSTATE WILDLIFE VIOLATORS COMPACT
Section 137-15-02 - Findings, Declaration of Policy and Purpose
Universal Citation: 09 ME Code Rules ยง 137-15-02
Current through 2024-38, September 18, 2024
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.
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