09- 137 C.M.R. ch. 15, § 01 - Definitions

The following definitions apply for the purposes of the implementation of the compact:

1. "Citation" means any summons, complaint, ticket, penalty assessment, or other official document issued by a wildlife officer or other law enforcement officer for a wildlife violation containing an order which requires the person to respond.

2. "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 law enforcement officer of a citation for a wildlife violation.

3. "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.

4. "Conviction" means a conviction or adjudication, including any court conviction, of any offense related to the preservation, protection, management, or restoration of wildlife which is prohibited by state statute, rule, or other relevant law, or a forfeiture of bail, bond, or other security deposited to secure the 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.

5. "Court" means a court of law.

6. "Home state" means the state of primary residence of a person.

7. "Issuing state" means the party state which issues a wildlife citation to the violator.

8. "License" means any license, permit, or other public document that conveys to the person to whom it was issued the privilege of pursuing, possessing, or taking any wildlife regulated by statute, rule, or other relevant law of a party state.

9. "Licensing authority" means the department within each party state authorized by law to issue or approve licenses or permits to hunt, fish, trap, or possess wildlife.

10. "Party state" means any state which enacts legislation to become a member of the wildlife compact.

11. "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.

12. "State" means any state, territory, or possession of the United States, the District of Columbia, the Commonwealth of Puerto Rico, provinces of Canada, or other countries.

13. "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.

14. "Terms of the citation" means those conditions and options expressly stated upon the citation.

15. "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, rule, or other relevant law in a party state. "Wildlife" also means food fish and shellfish as defined by statute, rule, or other relevant law 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 state law.

16. "Wildlife law" means any statute, law, regulation, ordinance, or administrative rule developed and enacted to manage wildlife resources and the use thereof.

17. "Wildlife officer" means any individual authorized by a party state to issue a citation for a wildlife violation.

18. "Wildlife violation" means any cited violation of a statute, rule, or other relevant law developed and enacted to manage wildlife resources and the use thereof.

Notes

09- 137 C.M.R. ch. 15, § 01