AN ACT FURTHER REGULATING THE ENFORCEMENT OF ILLEGAL HUNTING PRACTICES
Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:
SECTION 1. Chapter 21A of the General Laws is hereby amended by striking out section 10H, as appearing in the 2020 Official Edition, and inserting in place thereof the following section:-
Section 10H. (a) For the purposes of this section, “person” shall mean a natural person, corporation, association, partnership or other legal entity or other legal agency or political subdivision of the commonwealth.
(b) A person notified to appear before the clerk of a district court as provided in section 10G for:
(i) a violation of the regulations promulgated pursuant to section 11B, the regulations promulgated pursuant to chapter 90B, the rules and regulations of the division of fisheries and wildlife regulating activity on land under the management of the division or for a violation of section 2 to 4, inclusive, 5, 5A, 6, 7, subsection (b) of section 9, section 12, 12A or 13A of said chapter 90B may so appear within the time specified and pay a fine of $50;
(ii) a violation of sections 21 to 24, inclusive, of said chapter 90B may so appear and pay a fine of $250;
(iii) a violation of section 5C of said chapter 90B may so appear and pay a fine of $2,000;
(iv) a violation of the regulations promulgated pursuant to section 17A, of section 18, 19, 30, 31, 33 to 36, inclusive, 51, 51A, 66, 69 to 72, inclusive, 100C or 102 of chapter 130 may so appear and pay a fine of $100;
(v) a violation of section 13, 17, 21, 29, 37, 38, 38A, 39, 41, 41A, 44, 44A, 44B, 47, 49, 80, 81, 82, 92, 100A, 100B or 106 of said chapter 130 may so appear and pay a fine of $200;
(vi) a violation of section 23, 25, 67, 68, 75, 95 or 100D of said chapter 130 may so appear and pay a fine of $400;
(vii) a violation of section 73 of chapter 131 may so appear and pay a fine of $500;
(viii) a violation of section 17, 17A, 34, 35, 37, 41, 41A, 44, 44A, 44B or 95, of the regulations promulgated pursuant to section 100A or of section 100B or 100C of said chapter 130 may so appear and pay, in addition to the applicable fine specified in this section, a supplemental fine of $10 per fish; provided, however, that for the purpose of this paragraph, the term “fish” shall have the meaning provided in section 1 of said chapter 130, but shall not include bi-valve shellfish;
(ix) a violation of section 21A, 60 to 65A, inclusive, 68, 75A or 77A of said chapter 131 may so appear and pay a fine of $200; or
(x) a violation of subsection (b), (c) or (e) of section 8 of said chapter 90B or any other violation of said chapter 131 may so appear and pay a fine of $100.
SECTION 2. Section 10 of chapter 131 of the General Laws, as so appearing, is hereby amended by adding the following 2 paragraphs:-
The established borders of a wildlife sanctuary, including any entry path or way, shall be posted to provide conspicuous notice to the public of the designation of the land as a wildlife sanctuary and of the prohibitions under this section. If the required notice has not been posted, a person shall have an affirmative defense against an alleged violation of a prohibition under this section.
The director shall adopt regulations regarding the posting of wildlife sanctuary land that shall include a requirement that notice shall be posted in a conspicuous manner for the type of terrain at intervals of not greater than 300 feet in distance along the borders of the land.
SECTION 3. Section 21A of said chapter 131, as so appearing, is hereby amended by striking out, in line 17, the word “six” and inserting in place thereof the following figure:- 12.
SECTION 4. Said chapter 131 is hereby further amended by striking out section 34, as so appearing, and inserting in place thereof the following section:-
Section 34. A license, permit or certificate issued pursuant to this chapter, except a license issued under clause (3), (4) or (6) of the seventh paragraph of section 23, and held by a person found guilty of, convicted of, assessed in any manner after a plea of nolo contendere or penalized for a violation of an order issued pursuant to clause (15) of section 4 or for a violation of section 5, 10, 11 to 13, inclusive, 16, 32, 33, 54, 57, 58, 61 to 65, inclusive, 66 to 68, inclusive, 70, 72, 73, 75, 80 or 85, or a rule or regulation made pursuant thereto, shall be void and shall be immediately surrendered to an officer authorized to enforce this chapter. No such person or person acting on such person’s behalf shall make application for or be issued a license, permit or certificate that was voided due to:
(i) a violation of an order issued pursuant to said clause (15) of said section 4 or said section 12, 13, 16, 33, 54, 57, 58, 61, 63, 64, 66, 67, 70, 72 or 80, for 1 year from the date that person was found guilty of or penalized for the violation;
(ii) a first violation of said section 5, 10, 11, 32, 62, 65, 68, 73, 75 or 85, for not less than 1 year but not more than 3 years from the date on which the person was found guilty of or penalized for the violation;
(iii) a second violation of said section 5, 11, 32, 62, 65, 68, 73, 75 or 85, for not less than 3 years but not more than 10 years from the date on which the person was found guilty of or penalized for the violation;
(iv) a second violation of said section 10, for not less than 3 years but not more than 5 years from the date on which the person was found guilty of or penalized for the violation;
(v) a third or subsequent violation of said section 5, 11, 32, 62, 65, 68, 73, 75 or 85, for not less than 10 years from the date on which the person was found guilty of or penalized for the violation; or
(vi) a third or subsequent violation of said section 10, for not less than 5 years but not more than 10 years from the date on which the person was found guilty of or penalized for the violation.
A license, permit or certificate issued in violation of this section shall be void and shall be immediately surrendered to an officer authorized to enforce this chapter.
No fee received for a license, permit or certificate that has become void for a violation of this section shall be refunded to the holder thereof.
SECTION 5. Said chapter 131 is hereby further amended by striking out sections 90 and 90A, as so appearing, and inserting in place thereof the following 3 sections:-
Section 90. (a) (1) Whoever violates clause (14) of section 4 relative to a dam or obstruction for passage of anadromous fish or who refuses or neglects to keep open or maintain a fishway as prescribed by the director shall be punished by a fine of $50 for each day that such person fails to keep open or maintain the dam or fishway as prescribed.
(2) Whoever violates section 5, 10, 11, 32, 62 or 85 shall be punished by a fine of not less than $200 but not more than $500, by imprisonment for not more than 90 days or by both such fine and imprisonment. In addition, for each bird or mammal, other than a deer, bear or wild turkey, unlawfully killed, taken, held or possessed or for each nest or egg unlawfully taken, molested, distributed or destroyed, a person shall be punished by a fine of not less than $100 but not more than $500. For each deer unlawfully killed or possessed, a person shall be punished by a fine of not less than $500 but not more than $3,000, by imprisonment for not more than 6 months or by both such fine and imprisonment. For each bear unlawfully killed or possessed, a person shall be punished by a fine of not less than $1,000 but not more than $5,000, by imprisonment for not more than 6 months or by both such fine and imprisonment. For each wild turkey unlawfully killed or possessed, a person shall be punished by a fine of not less than $500 but not more than $3,000, by imprisonment for not more than 6 months or by both such fine and imprisonment.
(3) Whoever violates section 5C shall be punished by a fine of not less than $100 but not more than $500, by imprisonment for not more than 14 days or by both such fine and imprisonment.
(4) Whoever violates section 16, 28, 33, 48, 61, 63, 64 or 70 or any rule or regulation made under authority thereof shall be punished by a fine of not less than $50 but not more than $100, by imprisonment for not more than 60 days or by both such fine and imprisonment.
(5) Whoever violates section 18, 19, 19A, 60 or 79 or any rule or regulation made under authority thereof shall be punished by a fine of not less than $200 but not more than $500, by imprisonment for not more than 6 months or by both such fine and imprisonment.
(6) Whoever violates section 21A or 68 shall be punished by a fine of not less than $300 but not more than $1,000, by imprisonment for not more than 1 year or by both such fine and imprisonment. In addition, for each bird or mammal, other than a deer, bear or wild turkey, unlawfully killed, taken, held or possessed or for each nest or egg unlawfully taken, molested, distributed or destroyed, a person shall be punished by a fine of not less than $200 but not more than $500. For each deer unlawfully killed or possessed, a person shall be punished by a fine of not less than $200 but not more than $500, by imprisonment for not more than 6 months or by both such fine and imprisonment. For each bear unlawfully killed or possessed, a person shall be punished by a fine of not less than $300 but not more than $1,000, by imprisonment for not more than 6 months or by both such fine and imprisonment. For each wild turkey unlawfully killed or possessed, a person shall be punished by a fine of not less than $200 but not more than $500, by imprisonment for not more than 6 months or by both such fine and imprisonment.
(7) Whoever violates section 22 shall be punished by a fine of not less than $200 but not more than $500, by imprisonment for not more than 6 months or by both such fine and imprisonment for each fish, bird or mammal, other than a deer, bear or moose, unlawfully bought, sold, bartered, exchanged, offered or exposed for sale or had in possession for the purpose of sale. In the case of a deer, moose or bear, a person shall be punished by a fine of not less than $1,000 but not more than $5,000, by imprisonment for not more than 1 year or by both such fine and imprisonment. A person found guilty of or convicted of a violation of section 22 who is the holder of a hunting or sporting license issued under this chapter shall lose any rights thereunder and the license shall be surrendered to an officer empowered to enforce this chapter. No other hunting or sporting license shall be granted to that person for at least 1 year.
(8) Whoever violates section 41 to 43, inclusive, shall be punished by a fine of not less than $100 but not more than $5,000, by imprisonment for not more than 2 years or by both such fine and imprisonment.
(9) Whoever violates section 65 shall be punished by a fine of not less than $200 but not more than $500, by imprisonment for not more than 1 year or by both such fine and imprisonment.
(10) Whoever violates section 66, 67 or 86 shall be punished by a fine of not less than $200 but not more than $500, by imprisonment for not more than 1 year or by both such fine and imprisonment.
(11) Whoever violates section 73 shall be punished by a fine of not less than $1,000 but not more than $5,000, by imprisonment for not more than 1 year or by both such fine and imprisonment.
(12) Whoever violates section 74 or 76 shall be punished by a fine of not less than $200 but not more than $500, by imprisonment for not more than 30 days or by both such fine and imprisonment for each bird or mammal taken, killed or removed and for each nest or egg taken, disturbed, molested, destroyed or unlawfully held.
(13) Whoever violates section 75 shall be punished by a fine of not less than $200 but not more than $500, by imprisonment for not more than 6 months or by both such fine and imprisonment for each wild turkey knowingly and unlawfully had in possession and for each nest or egg thereof taken, disturbed, molested, destroyed or unlawfully had in possession.
(14) Whoever violates section 75A shall be punished by a fine of not less than $300 but not more than $1,000, by imprisonment for not more than 6 months or by both such fine and imprisonment. Such person, pursuant to section 34, shall not be issued a license, permit or certificate under this chapter for at least 3 years after the date that such person was found guilty or penalized for violating section 75A.
(15) Whoever violates section 77 shall be punished by a fine of not less than $200 but not more than $500, by imprisonment for not more than 30 days or by both such fine and imprisonment.
(16) Whoever violates section 77A shall be punished by a fine of not less than $300 but not more than $1,000.
(b) A violation of this chapter or a rule or regulation promulgated under this chapter for which no other penalty is provided shall be punished by a fine of not less than $200 but not more than $500, by imprisonment for not more than 30 days or by both such fine and imprisonment. Upon a conviction for a violation of this chapter, any net, snare, trap, jacklight or other similar device used by a person or any bird or mammal taken in violation of this chapter shall be forfeited to the commonwealth and shall be disposed of by the director of law enforcement.
(c) In addition to the penalties provided in this section, a person convicted of the illegal taking or possession of animals, birds, fur-bearing animals or fish resulting in the injury, death or destruction of such animal, bird, fur-bearing animal or fish shall be required to make restitution to the commonwealth for the value of each animal, bird, fur-bearing animal or fish so taken or possessed as follows:
(i) deer, moose or bear: $500 per animal; provided, however, that if the animal taken is deemed to be a trophy standard, as categorized by a professional organization, the restitution shall be $1,000 per animal;
(ii) raptor or bird of prey: $500 per animal;
(iii) wild turkey, fisher, bobcat or otter: $300 per animal;
(iv) fox, coyote or beaver: $100 per animal;
(v) mink, muskrat, raccoon, wild rabbit, hare or gray squirrel: $50 per animal;
(vi) ruffed grouse, pheasant, quail, woodcock or migratory waterfowl: $50 per bird;
(vii) fish: $25 per fish; and
(viii) any other animal or bird: $50 per animal or bird.
A person convicted of the illegal taking or possession of endangered, threatened or species of special concern included on the list maintained pursuant to section 4 of chapter 131A may be required to make restitution to the commonwealth for the value of each such species illegally taken or possessed as follows:
(i) endangered species: $2,000;
(ii) threatened species: $1,000; and
(iii) species of special concern: $500.
No fine imposed for a violation of this chapter shall be suspended or waived.
(d) For a conviction involving the illegal taking or possession of animals, birds, fur-bearing animals and fish, the court may order the defendant to reimburse the commonwealth in a sum that exceeds the amounts established in subsection (c). Such reimbursement shall be paid directly to the court. If 2 or more defendants are convicted of the illegal taking or possession of an animal, bird, fur-bearing animal or fish, the reimbursement shall be declared against the defendants jointly and severally. The court ordering such reimbursement shall remit the funds as prescribed in section 3.
Any person failing to make a damage assessment payment ordered by the court shall be guilty of contempt and such person shall not be eligible for a license issued by the division until all assessments are paid in full.
Section 90A. A person whose privilege to hunt, trap or fish has been suspended or revoked in any other jurisdiction in the United States or Canada for an offense in that jurisdiction shall not be issued a license for such activity in the commonwealth, or, if such a license has been issued in the commonwealth at the time, such license shall be suspended and not renewed during the period of the suspension or revocation in the other jurisdiction if, after notice and an opportunity for a hearing, the director determines that the offense carrying the suspension or revocation would constitute a violation of section 5, 10, 13, 21A, 22, 61, 62, 64, 65, 68, 69, 73, to 75A, inclusive, 79 to 80A, inclusive, or 82.
Upon the suspension of a license pursuant to this section, the director shall send prompt notice of such suspension to the person’s last known address. A person whose license is suspended shall immediately return the license to the division.
A person who hunts, traps or fishes in the commonwealth after suspension of a license pursuant to this section shall be punished in accordance with the penalties assessed under section 90 for hunting, trapping or fishing without a license in violation of section 11. A person who fails to immediately return a license in violation of this section shall be punished by a fine of not less than $200 but not more than $500.
Section 90B. Whoever is convicted of a third or subsequent violation of section 5, 22, 65 or 68, within a 10-year period shall be punished by a fine of not less than $1,000 but not more than $15,000, by imprisonment for not more than 5 years in a state prison or by both such fine and imprisonment.
The penalties in this section shall apply to persons whose total violations within the 10-year period involve 3 or more animals and shall also apply to each violation thereafter.
The species covered by this section shall only include deer, moose, fisher, bobcat, bear, any bird of prey as defined in section 75A and any endangered, threatened or species of special concern included on the official list maintained pursuant to section 4 of chapter 131A.
A person penalized pursuant to this section shall immediately surrender any license, permit or certificate issued pursuant to this chapter to an environmental police officer, deputy or other officer authorized to enforce this chapter, except a license issued under clause (3), (4) or (6) of the seventh paragraph of section 23. The surrendered license, permit or certificate shall be void. No person or a person acting on that person’s behalf shall be given or apply for a license, permit or certificate that was voided due to a violation of this section for not less than 10 years from the date that such person was found guilty or penalized and any license, permit or certificate wrongfully issued shall be void and shall be surrendered to an officer authorized to enforce this chapter.
SECTION 6. The General Laws are hereby amended by inserting after chapter 131A the following chapter:-
Chapter 131B.
INTERSTATE WILDLIFE VIOLATOR COMPACT.
Section 1. The commissioner of fish and game, in consultation with and through written agreement with the director of fisheries and wildlife and the director of marine fisheries, shall enter into an interstate wildlife violator compact on behalf of the commonwealth with any other jurisdiction legally joining the compact in a form substantially set forth in sections 2 to 11, inclusive.
Notwithstanding any general or special law or provision of the compact manual to the contrary, upon entry of the commonwealth into the compact, a violation resulting in a citation, conviction or suspension within another participating jurisdiction shall also constitute a violation of section 90A of chapter 131 or chapter 131A, as determined by the director of fisheries and wildlife, or a violation of chapter 130, as determined by the director of marine fisheries, in order for the applicable division to take a reciprocal action in the commonwealth to suspend, deny or deny renewal of a license pursuant to section 5.
Section 2. (a) The participating states of the interstate wildlife violator compact find that:
(i) wildlife resources are managed in trust by the participating states for the benefit of all residents and visitors;
(ii) the protection of the wildlife resources of a state is materially affected by the degree of compliance with state laws, regulations, ordinances and administrative rules relating to the management of those resources;
(iii) the preservation, protection, management and restoration of wildlife contributes immeasurably to the aesthetic, recreational and economic aspects of such natural resources;
(iv) wildlife resources are valuable without regard to political boundaries, therefore every person shall be required to comply with wildlife preservation, protection, management and restoration laws, ordinances and administrative rules and regulations of the participating states as a condition precedent to the continuance or issuance of a license to hunt, fish, trap or possess wildlife;
(v) violations of wildlife laws interfere with the management of wildlife resources and may endanger the safety of people and property;
(vi) the mobility of many wildlife law violators necessitates the maintenance of channels of communication among the various states;
(vii) a person who is cited for a wildlife violation in a state other than that person’s home state may be:
(A) required to post collateral or a bond to secure appearance for a trial at a later date;
(B) if unable to post collateral or bond, taken into custody until the collateral or bond is posted; or
(C) taken directly to court for an immediate appearance;
(viii) the purpose of the enforcement practices in clause (vii) is to ensure compliance with the terms of a wildlife citation by the cited person who, if permitted to continue on after receiving the citation, could return to a person’s home state and disregard the person’s duty under the terms of the citation;
(ix) a person receiving a wildlife citation in that person’s home state may accept the citation from the officer at the scene of the violation and immediately continue on after agreeing or being instructed to comply with the terms of the citation;
(x) the practices described in clause (vii) may cause unnecessary inconvenience or a hardship for a person unable to post collateral, furnish a bond, stand trial or pay a fine and thus is compelled to remain in custody until an alternative arrangement is made; and
(xi) the enforcement practices described in clause (vii) consume an undue amount of law enforcement time.
(b) It is the policy of the participating states of the interstate wildlife violator compact to:
(i) promote compliance with the laws, ordinances, regulations and administrative rules relating to the management of wildlife resources in the states;
(ii) recognize a suspension of wildlife license privileges or rights of a person whose license privileges have been suspended by a participating state and treat that suspension as if it had occurred in each respective state;
(iii) allow a violator to accept a wildlife citation, except as provided in subsection (b) of section 4, to continue on, without delay, if that violator’s home state is a party to the interstate wildlife violator compact;
(iv) report to the appropriate participating state, any conviction recorded against a person whose home state was not the issuing state;
(v) allow the home state to recognize and treat convictions recorded against its residents, when a conviction occurs in another participating state, as though that conviction had occurred in the violator’s home state;
(vi) extend cooperation to the fullest extent among the participating states for enforcement of the terms of a wildlife citation issued in a participating state to a resident of another participating state;
(vii) maximize the effective use of law enforcement personnel and information; and
(viii) assist court systems in the efficient disposition of wildlife violations.
(c) The purpose of the interstate wildlife violator compact is to:
(i) provide a means through which participating states may join in a reciprocal program to effectuate the policies enumerated in subsection (b) in a uniform and orderly manner; and
(ii) provide for the fair and impartial treatment of wildlife violators operating within participating states in recognition of a violator’s right to due process and the sovereign status of a participating state.
Section 3. As used in this chapter, the following words shall have the following meanings unless the context clearly requires otherwise:
“Citation”, a summons, complaint, ticket, penalty assessment or other official document issued by a wildlife officer or peace officer for a wildlife violation which contains an order requiring the recipient to respond.
“Collateral”, cash or other security deposited to secure an appearance for trial in connection with the issuance by a wildlife officer or peace officer of a citation for a wildlife violation.
“Compliance”, the act of answering a citation by an appearance in a court or tribunal or the payment of any fines, costs or surcharges.
“Conviction”, a conviction that results in suspension or revocation of a license, including a court conviction, for an offense related to the preservation, protection, management or restoration of wildlife which is prohibited by state law, regulation, ordinance or administrative rule; provided, however, that “conviction” shall also include the forfeiture of any bail, bond or other security deposited to secure the appearance of a person charged with having committed any such offense, the payment of a penalty assessment, a plea of nolo contendere or the imposition of a deferred or suspended sentence by the court.
“Court”, a court of law, including a magistrate’s court and the justice of the peace court.
“Home state”, the state of primary residence of a person.
“Issuing state”, the participating state that issues a wildlife citation to the violator.
“License”, a 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 law, regulation, ordinance or administrative rule of a participating state.
“Licensing authority”, the agency within each participating state that is authorized by law to issue or approve licenses or permits to hunt, fish, trap or possess wildlife. In the commonwealth, the licensing authority for licenses or permits issued pursuant to chapter 131 or chapter 131A shall be the division of fisheries and wildlife and the licensing authority for licenses or permits issued pursuant to chapter 130 shall be the division of marine fisheries.
“Participating state”, any state that enacts legislation to become a member of the interstate wildlife violator compact.
“Personal recognizance”, an agreement by the person, made at the time a wildlife citation is issued, that the person will comply with the terms of the citation.
“State”, a state, commonwealth, territory or possession of the United States, the District of Columbia, the commonwealth of Puerto Rico, the provinces of Canada or other countries.
“Suspension”, revocation, denial or withdrawal of license privileges, including the privilege to apply for, purchase or exercise the benefits conferred by a license.
“Terms of the citation”, conditions and options expressly stated on the citation.
“Wildlife”, 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 law, regulation, ordinance or administrative rule in a participating state; provided, however, that species included in the definition of “wildlife” may vary from state to state and the determination of whether a species is “wildlife” for the purposes of this compact shall be based on state law.
“Wildlife law”, a law, regulation, ordinance or administrative rule developed and enacted for the management and use of wildlife resources.
“Wildlife officer”, an individual authorized by a participating state to issue a citation for a wildlife violation.
“Wildlife violation”, a cited violation of a law, regulation, ordinance or administrative rule developed and enacted for the management and use of wildlife resources.
Section 4. (a) When issuing a citation for a wildlife violation, a wildlife officer shall issue a citation to a person whose primary residence is in a participating state in the same manner as though the person were a resident of the issuing state and shall not require that person to post collateral to secure appearance, subject to exceptions pursuant to subsection (b), if the officer receives personal recognizance that the person will comply with the terms of the citation.
(b) Personal recognizance shall be acceptable if:
(i) it is not prohibited by state law, policy, procedure or regulation of the issuing agency or by the compact manual; and
(ii) the violator provides adequate proof of identification to the wildlife officer.
(c) Upon conviction or failure of a person to comply with the terms of a wildlife citation, the appropriate official shall report the conviction or failure to comply to the licensing authority of the participating state in which the wildlife citation was issued. The report shall be made pursuant to procedures specified by the issuing state and shall contain information as specified in the compact manual as minimum requirements for effective processing by the home state.
(d) Upon receipt of the report of conviction or noncompliance under subsection (c), the licensing authority of the issuing state shall transmit to the licensing authority of the home state of the violator the information in the form and content prescribed in the compact manual.
Section 5. (a) Upon receipt of a report of a failure of a violator to comply with the terms of a citation from the licensing authority of the issuing state, the licensing authority of the home state shall notify the violator, initiate a suspension action in accordance with the home state’s suspension procedures and 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 home state licensing authority; provided, however, that the violation shall have been a violation of law under the licensing authority of the home state. Due process safeguards shall be accorded.
(b) Upon receipt of a report of conviction from the licensing authority of the issuing state, the licensing authority of the home state shall enter such conviction in its records and shall treat such conviction as though it occurred in the home state for the purposes of suspension of license privileges; provided, however, that the violation resulting in the conviction in the issuing state would have also have been a violation of law under the licensing authority of the home state.
(c) The licensing authority of the home state of a violator shall maintain a record of actions taken against violators and shall make reports to issuing states pursuant to the compact manual.
Section 6. (a) Notwithstanding subsections (a) and (b) of section 5, each participating home state may recognize the suspension of a person’s license privileges by another participating issuing state even if the violation resulting in the suspension would not have been a violation of the participating home state.
(b) Each participating state shall communicate suspension information to other participating states in the form and content contained in the compact manual.
Section 7. Except as expressly required by the interstate wildlife violator compact, the compact shall not affect the right of any participating state to apply its laws relating to license privileges to a person or circumstance or to invalidate or prevent an agreement or other cooperative arrangement between a participating state and a nonparticipating state concerning the enforcement of wildlife laws.
Section 8. (a) For the purpose of administering the interstate wildlife violator compact and to serve as a governing body for the resolution of all matters relating to the compact, there shall be a board of compact administrators. The board shall be composed of 1 representative from each of the participating states who shall be known as a compact administrator. A compact administrator shall be appointed by the head of the licensing authority of each participating state and shall serve and be subject to removal under the laws of the state that the compact administrator represents; provided, however, that the compact administrator for the commonwealth shall be the commissioner fish and game or a designee. The compact administrator may provide for the discharge of the compact administrator’s duties and the performance of such functions as a board member by an alternate. An alternate shall not serve unless written notification of the alternate’s identity has been given to the board.
(b) Each member of the board of compact administrators shall be entitled to 1 vote. No action of the board of compact administrators shall be binding unless taken at a meeting at which a majority of the total number of the board’s votes are cast in favor of the action. Action by the board of compact administrators shall only occur at a meeting at which a majority of the participating states are represented.
(c) The board of compact administrators shall annually elect from its membership a chair and a vice chair.
(d) The board of compact administrators shall adopt by-laws consistent with the compact or the laws of a participating state for the conduct of its business and may amend and rescind those by-laws.
(e) The board of compact administrators may accept donations and grants of money, equipment, supplies, materials and services, conditional or otherwise, from any state, the United States or any governmental agency and may receive, use and dispose of the same in order to carry out the purposes and functions of the board under the interstate wildlife violator compact.
(f) The board of compact administrators may contract with or accept services or personnel from a governmental or intergovernmental agency, individual, firm, corporation or private, nonprofit organization or institution.
(g) The board of compact administrators shall formulate all necessary procedures and develop uniform forms and documents for administering the compact. All procedures and forms adopted by board action shall be contained in a compact manual.
Section 9. (a) The interstate wildlife violator compact shall become effective at such time as it is adopted in substantially similar form by not less than 2 states.
(b) Entry into the compact shall be made by resolution of ratification executed by the authorized officials of the applying state and submitted to the chair of the board of compact administrators.
(c) The resolution shall be substantially in the form and content provided in the compact manual and shall include:
(i) a citation of the authority from which the state is empowered to become a party to this compact;
(ii) an agreement of compliance with the terms of the compact; and
(iii) an agreement that compact entry is with all states participating in the compact and with all additional states that may legally become a party to the compact.
(d) The effective date of entry shall be specified by the applying state but shall be not less than 60 days after notice has been given by the chair of the board of compact administrators or by a secretariat of the board to each participating state that the resolution from the applying state has been received.
(e) A participating state may withdraw from the compact by official written notice to each participating state; provided, however, that withdrawal shall not become effective until 90 days after giving notice of withdrawal. The notice shall be directed to the compact administrator of each member state. The withdrawal of any state shall not affect the validity of the compact as to the remaining participating states.
Section 10. (a) The interstate wildlife violator compact may be amended. Amendments shall be presented in resolution form to the chair of the board of compact administrators and shall be initiated by 1 or more participating states.
(b) Adoption of an amendment shall require endorsement by all participating states and shall become effective 30 days after the date of the last endorsement.
Section 11. The interstate wildlife violator compact shall be liberally construed to effectuate the purposes stated herein. The provisions of the compact shall be severable and if any phrase, clause, sentence or provision of the compact is declared to be contrary to the constitution of a participating state or of the United States or if the applicability thereof to any government, agency, individual or circumstance is held to be invalid, the validity of the remainder of the compact shall not be affected. If the compact is held contrary to the constitution of a participating state, the compact shall remain in full force and effect as to the remaining states and in full force and effect as to the participating state affected as to all severable matters.
SECTION 7. The division of fisheries and wildlife and the division of marine fisheries shall each promulgate rules or regulations within 1 year after the effective date of this act for their respective implementation of the interstate wildlife violator compact established in chapter 131B of the General Laws.
Approved, August 4, 2022.