Section 3: Definitions

597 words·~3 min read·/ma/part-i/title-xix/chapter-131b/3

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

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.