Interstate Wildlife Violator Compact

• Administrative Suspension? A license suspension becomes effective immediately upon receipt of a notice of suspension from the Director of the Wildlife Resources Commission or his representative. If you believe that your fishing, trapping and/or hunting privileges have been suspended in error, you have the right to appeal this action. You have a period of 14 business days from receipt of the suspension notice to request an administrative proceeding.  Failure to request an administrative proceeding within 14 business days of receipt of the suspension notice shall be considered a waiver of your rights to any administrative proceeding regarding the administrative action (N.C General Statute 150B-23). For information regarding an administrative proceeding, you may contact the Office of Administrative Hearings.


• Court-ordered suspension? Court-ordered suspensions issued by a North Carolina judge cannot be overturned by the Commission.
  
  NOTE: Regardless of the type of suspension you have received, either administrative or court-ordered, during the suspension period you may not hunt, fish trap or attempt to engage in any activity requiring a license, permit or certificate (G.S. 113-270.1(B)). When the suspension period has been completed, you will be eligible to purchase a license.

Violator Compact – Chapter 113 Article 22B

Penalties and violations; Civil penalties for noncriminal infractions; Criminal penalties; Suspension and forfeiture of licenses and permits – NC G.S. 14-3.1, G.S. 113-135, G.S. 113-294

1. What is the Interstate Wildlife Violator Compact (Compact)?

   
   The Compact assures non-resident violators receiving citations for certain wildlife violations in participating states the same treatment accorded residents who are in violation. Procedures established cause a non-resident violator who fails to comply with the terms of a citation issued in a participating state to face the possibility of the suspension of his wildlife license privileges in his home state until the terms of the citation are met. Safeguards are built into the Compact to assure that a non-resident violator is afforded all due process protection.

   In addition, the Compact provides for the reciprocal recognition of the suspension of license privileges by participating states, subject to limitations intended to provide due process protection. The reciprocal recognition of suspensions is intended to address the problems associated with the mobility of many violators.

   Finally, the Compact provides that information on convictions in participating states shall be forwarded to the home state of the violator. The home state shall treat such convictions as if they had occurred in that state for the purposes of license suspension actions.

2. What are benefits?

   
   The Compact not only assures equal treatment of residents and non-residents of participating states, but also enhances the law enforcement services and deterrent value of time spent patrolling by uniformed officers.

3. Which violations does it cover?
   1. Any misdemeanor violation which allows a violator to comply with a citation by mailing a fine payment to the issuing agency or a court, thereby admitting guilt without a formal appearance.
   2. Any violation written as a summons requiring a violator to deal directly with the court, either in person, by mail or through an attorney. 
   3. In order for a violation to be subject to these provisions, the person to whom the citation is issued must be a resident of a Compact state, other than the issuing state, at the time the citation is issued.
4. Which violations are not covered?
   1. Any violations that mandate a personal appearance.
   2. Any petty offense or misdemeanor violation that has a jail term as a mandatory penalty.
   3. Any felony violation.
   4. Any violation that the issuing officer deems serious enough to arrest a resident violator.
   5. Any violation or situation which the laws, policies or procedures of the issuing state dictate shall be handled otherwise.
5. What are the methods of compliance with a citation?
   1. Payment by mail or electronically (where available).
   2. Responding to the citation in person.
   3. Submission of a plea by mail or electronically (where allowed).
   4. Responding through an attorney (where allowed).
6. What serves as evidence of compliance (in response to a notice of suspension for non-compliance)?
   1. Certificate from the court.
   2. Copy of the court judgment.
   3. The violator copy of a Notice of Compliance sent by the issuing state.

NOTE:  personal representations, check stubs, money order receipts, etc. are not acceptable.

7. When can I get my fishing, hunting and/or trapping privileges back?

   
   Regardless of the type of suspension you have received, either administrative or court ordered, during the suspension period you may not hunt, fish, trap or attempt to engage in any activity requiring a license, permit or certificate issued pursuant to G.S. 113-270.1(B). When the suspension period has been completed, you will be eligible to purchase a license. 

8. Statutory authority enabling North Carolina to join the Compact:

   
   NC General Statute 113-300.5

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

(a) "Citation" means any summons, complaint, ticket, penalty assessment or other official document issued to a person by a wildlife officer or other peace officer for a wildlife violation which contains an order requiring 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 a citation through an appearance in a court or through the payment of fines, costs, and surcharges, if any.

(d) "Conviction" means a conviction, including any court conviction, for any offense related to the preservation, protection, management or restoration of wildlife which is prohibited by state statute, law, regulation, ordinance, or administrative rule. Such conviction shall also include the forfeiture of any bail, bond or other security deposited to secure appearance by a person charged with having committed any such offense, the payment of a penalty assessment, a plea of nolo contendere and 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 participating 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 participating state.

(i) "Licensing authority" means the department or division within each participating state which is authorized by law to issue or approve licenses or permits to hunt, fish, trap or possess wildlife.

(j) "Participating 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 such person will comply with the terms of the citation.

(l) "State" means any state, territory or possession of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Provinces of Canada and 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 the conditions and options expressly stated upon the citation.

(o) "Wildlife" means all species of animals including, but not 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 participating 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 for the management of wildlife resources and the uses thereof.

(q) "Wildlife officer" means any individual authorized (by a participating 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 for the management of wildlife resources and the uses thereof.

• Wildlife Law Enforcement Officers are able to devote more time to patrol, surveillance and apprehension of violators.
• Public relations are improved by not having to subject as many violators to the inconveniences of immediate appearance, bonding or incarceration.
• The burden on courts and jail facilities is reduced.
• Entry into, and withdrawal from this Interstate Compact is voluntary. There is no additional cost associated with North Carolina’s participation in this interstate agreement.
• The number of “Failure to Appear” cases is reduced because non-residents cannot ignore a citation from participating states without facing the suspension of their wildlife license privileged in their home state.

Major Philip Lucas
NC Wildlife Violator Compact Administrator
1717 Mail Service Center
Raleigh, NC 27699-1717
919-707-0030

It is your responsibility to contact any member state where you intend to obtain or attempt to obtain any license, permit or tag to determine your eligibility to purchase that license, permit or tag, or to determine if appeal procedures are available. You may determine your eligibility by inquiring (in writing) to the specific member state at the address listed below.