How The IWVC Was Formed
In the early 1920s, members of the western states’ game departments founded the Western Association of State Game Commissioners in order to address a growing threat to state sovereignty brought on by game management by federal land management agencies.[1] In response to growing federal power, game commissioners and state game wardens in Montana, Wyoming, Colorado, New Mexico, Nevada, Utah, Idaho, Arizona, California, Oregon, and Washington all agreed to assist and protect their wild land resources by joining the Western Association as members.[2] After changing its name to the Western Association of Fish and Wildlife Agencies (WAFWA) in the late 1970s, movement began in order to implement a system allowing western states to share information in regard to trapping, hunting, fishing, and poaching violations across state lines.[3] In the 1980s, Colorado and Nevada independently drafted the first interstate wildlife violator compact documents.[4] Wildlife violations can include illegal hunting and fishing, poaching, smuggling, breeding, and trapping.[5] The original draft documents were combined, and legislation was passed in Colorado, Nevada, and Oregon, forming the Interstate Wildlife Violator Compact (IWVC) in 1989.[6]
While there have been wildlife laws in place restricting citizens in their home-state, there hadn’t been anything created to stop individuals from traveling outside of their home-state and committing wildlife law violations. Thus, the IWVC was conceptualized in order to protect the wildlife in member states.[7] The IWVC promotes compliance with all fifty of the member states’ laws and regulations, including ordinances, resolutions, and administrative rules dealing with wildlife.[8] A process has been established by the IWVC where wildlife law violations that are committed by a non-resident can be handled as though that person were a resident of the state in which the violation occurred.[9] This process allows for personal recognizance, where the non-resident is issued a ticket and allowed to return back to their home-state without paying bond; in fact, they may only need to pay a fine, or appear in court at a later date for sentencing.[10] The IWVC also gives conservation officers, game wardens, and other agencies the chance to allocate time to enforcing wildlife conservation laws rather than processing procedures such as arresting, booking, and bonding non-resident violators.[11]
The IWVC Explained
If a person commits wildlife law violations in member states, the Interstate Wildlife Violator Compact procedures are set into place. For example, if someone has their hunting license suspended or revoked in a state that they are not a resident of, that hunting license can also be suspended in their home-state.[12] In fact, someone who commits a wildlife law violation in one state could not only have their license suspended or revoked in their home-state, but also all member states, depending on the crime.[13] However, suspension of hunting, fishing, or trapping licenses is dependent upon the laws of each state and can greatly differ.[14]
The IWVC consists of a database allowing those issuing citations to search whether a violator has committed other wildlife law violations in other states, and if they have had licenses suspended in other states.[15] From the years 2012 to 2021, around 60,000 entries had been made in the IWVC database.[16] Essentially, the IWVC database provides critical information to stop individuals from committing wildlife law violations in one state and moving to another to continue committing more wildlife law violations.[17] Information in the IWVC database includes the violator’s name, date of birth, physical description, last known address, and any additional details of previous wildlife law violations including fines and license suspensions.[18] The IWVC also ensures that information regarding the wildlife law violations in the non-resident state will be forwarded to the violator’s home-state, giving the home-state the power to treat the situation as if the wildlife violation had occurred there.[19]
The IWVC Member States
As of 2022, all fifty states have joined the Interstate Wildlife Violator Compact after Massachusetts was the last state to join.[20] In order to join the IWVC, a state needs to introduce and pass legislation that either expressly incorporates the IWVC into state statutes or expressly authorizes state wildlife agencies to join the IWVC.[21] It is worth noting that just because a state is a member of the IWVC does not mean that any of the other member states will honor all license revocations and suspensions.[22] Below is a chart identifying the year each state adopted the IWVC.
State | Year Adopted[23] |
Alabama | 2010 |
Alaska | 2008 |
Arizona | 1991 |
Arkansas | 2014 |
California | 2002 |
Colorado | 1991 |
Connecticut | 2014 |
Delaware | 2019 |
Florida | 2006 |
Georgia | 2003 |
Hawaii | 2021 |
Idaho | 1991 |
Illinois | 2007 |
Indiana | 2001 |
Iowa | 2001 |
Kansas | 2005 |
Kentucky | 2008 |
Louisiana | 2009 |
Maine | 2014 |
Maryland | 2000 |
Massachusetts | 2022 |
Michigan | 2005 |
Minnesota | 2000 |
Mississippi | 2007 |
Missouri | 1999 |
Montana | 1996 |
Nebraska | 2017 |
Nevada | 1991 |
New Hampshire | 2014 |
New Jersey | 2017 |
New Mexico | 2001 |
New York | 2006 |
North Carolina | 2008 |
North Dakota | 2001 |
Ohio | 2008 |
Oklahoma | 2010 |
Oregon | 1991 |
Pennsylvania | 2011 |
Rhode Island | 2014 |
South Carolina | 2012 |
South Dakota | 2004 |
Tennessee | 2006 |
Texas | 2010 |
Utah | 1993 |
Vermont | 2013 |
Virginia | 2011 |
Washington | 1991 |
West Virginia | 2009 |
Wisconsin | 2008 |
Wyoming | 1996 |
Each state has written its own version of the IWVC into law, therefore, while there are overarching similarities to all fifty member states who are part of the IWVC, there are also unique qualities to each IWVC law. Hunting methods, tactics, and licenses may be allowed in some states, but not allowed in others. For example, in all fifty states, it is illegal to hunt game animals, including deer, elk, turkeys, moose, and other small game, at night.[24] However, some states do allow night hunting for certain species. Alabama allows night hunting of foxes, raccoons, opossums, alligators, bullfrogs, and pig frogs.[25] Wyoming allows night hunting for predators such as coyote, jackrabbits, racoons, and red fox, but only on private lands and with permission from the landowner.[26] On the other hand, New Mexico only allows hunting raccoons at night, but it must be with a permit.[27] Each state has its own wildlife laws, with certain hunting and fishing seasons for specific species; whether the IWVC comes into play certainly depends on the state where the wildlife law violation occurred, the laws of other compact states, and the home-state of the violator. To illustrate, if an individual hunts and kills a fox at night in New Mexico, there is a likelihood other compact states who allow hunting fox at night would not suspend the individuals’ hunting license. Nevertheless, whether a state suspends or revokes hunting or fishing licenses is entirely up to each state’s discretion.
Enforcing the IWVC
The Association of Fish and Wildlife Agencies (AFWA), which represents North America’s fish and wildlife agencies, focuses on management and conservation of fish, wildlife, and related habitats.[28] Within AFWA contains a number of committees, subcommittees, and working groups that promote conservation of fish and wildlife.[29] The AFWA Law Enforcement Committee has a working group dedicated solely to the IWVC.[30] This working group finds and discusses issues that are related to the IWVC. Such issues include commercial trading of wildlife, illegal take of game in a closed season, illegal take of threatened or endangered species, and also assault on law enforcement officers.[31] Once a violation occurs, states may take different steps regarding the IWVC. However, every state enters violations and suspensions into the IWVC database.[32] After which any state can access the database and view suspended violators.[33]
In Oregon, for example, after a name is pulled from the database, the Department of Fish and Wildlife follow a number of steps.[34] First, the department sends the violator via certified a “notice of intent to suspend hunting and fishing licenses, tags, and permits” which starts a fourteen-day timeframe where the violator is able to request a hearing.[35] If the fourteen-day period passes without a hearing request, the department will then prepare a “Final Order” from the information in the department’s file, and the director of the department decides if the Final Order will be issued, and if so, it is implemented and mailed to the violator.[36] If there is a request for a hearing within the fourteen-day period, it is reviewed and either denied or referred to the Office of Administrative Hearings based on a referral form.[37] That form must state the facts the violator wants a judge to consider.[38] After a hearing takes place, the director of the department considers the judge’s Proposed Order and either accepts it or makes changes to it and then issues a Final Order.[39] When the Final Order is issued, it is implemented and mailed to the violator.[40]
In New Jersey, if it is the issuing state, the officer first issues a citation violation.[41] If the violator pays the fine or resolves the issue in court, no further action is taken.[42] If not, the IWVC comes into action, where a “notice of failure to comply” form is completed and sent to the violator by mail within six months of issuing the citation violation.[43] The violator has fourteen to twenty eight days to respond, and if the violator complies, no further action under the IWVC is taken.[44] If the violator fails to respond within the time period, a second copy will be sent to the violator’s home-state.[45] When the home-state receives the “notice of failure to comply” from the issuing state, the licensing agency reviews it.[46] If accepted, the case will then enter a suspension process where a Notice of Suspension is sent to the violator.[47] This notice describes the facts of the suspension to the violator and emphasizes procedures that must be followed to resolve the matter.[48] If upheld, the suspension will remain in place until the violator resolves the case with their home-state court system.[49] If the suspension is denied for any reason, the case is terminated and the suspension is no longer, and the issuing state will also be informed of the denial.[50]
In all, the IWVC provides enforcement guidelines for each state to base its own procedures and guidelines off of. As seen above, states have different procedural practices for enforcing the IWVC. Typical penalties for wildlife violations include paying fines and hunting or fishing license suspension or revocation.
The Interstate Wildlife Violator Compact, which now consists of all fifty states, provides a way to protect wildlife while also holding wildlife law violators accountable for their actions. By promoting compliance with state hunting, fishing, and trapping laws, the IWVC plays an important role in conservation. When penalizing wildlife law violators in one state, the IWVC steps in to give other states the chance to penalize them as well. While the IWVC is likely not able to stop every wildlife law violation, it certainly has set in place an enhanced system for protecting and managing wildlife species and habitats in the United States.
--------
[1] Larry Kruckenburg, 100 Years of Conservation, Western Association of Fish & Wildlife Agencies, https://wafwa.org/about-us/history/ (last visited May 9, 2024).
[2] Id.
[3] Alan Peterson, How the Interstate Wildlife Violators Compact Makes Poachers Pay, NRA Hunters’ Leadership Forum (Sept. 9, 2021), www.nrahlf.org/articles/2021/9/9/how-the-interstate-wildlife-violators-compact-makes-poachers-pay/.
[4] Interstate Wildlife Violator Compact, National Association of Conservation Law Enforcement Chiefs, www.naclec.org/wvc (last visited May 9, 2024).
[5] Wildlife Crime, U.S. Fish & Wildlife Service, www.fws.gov/news/wildlife-crime (last visited May 9, 2024).
[6] National Association of Conservation Law Enforcement Chiefs, supra note 4.
[7] Id.
[8] Id.
[9] Id.
[10] Id.
[11] Id.
[12] Id.
[13] Id.
[14] Interstate Wildlife Violator Compact, North Carolina Wildlife Resources Commission, www.ncwildlife.org/Law-Enforcement (last visited May 9, 2024).
[15] Peterson, supra note 3.
[16] Id.
[17] Interstate Wildlife Violators Compact, Congressional Sportsmen’s Foundation, https://congressionalsportsmen.org/policy/interstate-wildlife-violators-compact/ (last visited May 9, 2024).
[18] Joe Mosby, AGFC Joins National Wildlife Violator Compact, Southwest Times Record (Jan. 20, 2014, 2:34 AM), www.swtimes.com/story/sports/2014/01/20/agfc-joins-national-wildlife-violator/24386078007/.
[19] Wildlife Violator Compact Operations Manual, North Carolina Wildlife Resources Commission www.ncwildlife.org/Portals/0/License/Documents/IWVC-Manual.pdf (last visited May 9, 2024).
[20] Ellen Fleming, Anti-poaching bill signed in Massachusetts, WWLP-22News (Sept. 7, 2022, 6:41 AM), www.wwlp.com/news/state-politics/anti-poaching-bill-signed-in-massachusetts/.
[21] Congressional Sportsmen’s Foundation, supra note 17.
[22] Jeff Dute, Alabama takes steps to fight habitual fish-and-game law violators, Alabama Media Group (Oct. 4, 2009, 8:30 AM), www.al.com/south-alabama-outdoors/2009/10/alabama_takes_steps_to_fight_h.html.
[23] Interstate Wildlife Violator Compact, Idaho Fish and Game, https://idfg.idaho.gov/enforcement/interstate-violator-compact (last visited May 9, 2024); Mosby, supra note 18; Interstate Wildlife Violator Compact, Delaware Department of Natural Resources and Environmental Control, https://dnrec.delaware.gov/fish-wildlife/police/iwvc/ (last visited May 9, 2024); AngelaMontana, Interstate Wildlife Violator Compact (IWVC) Information, Montana Outdoor (Feb. 28, 2022), www.montanaoutdoor.com/2022/02/wildlife-violator-iwvc-compact/; 2022 – Enforcement of Illegal Hunting Practices, MSPCA Angell, www.mspca.org/animal_protection/poaching/ (last visited Mahy 9, 2024); North Carolina Compacts, National Center for Interstate Compacts, https://compacts.csg.org/state/north-carolina/ (last visited May 9, 2024).
[24] Night Hunting Laws by State, PointOptics (Apr. 7, 2020), www.pointoptics.com/night-hunting-laws/#30-new-mexico.
[25] Id.
[26] Id.
[27] B. Matheus, Is it Against the Law to Hunt at Night?, Pulsar (June 14, 2022), https://pulsarnv.com/blogs/news/is-it-against-the-law-to-hunt-at-night.
[28] AFWA is, Association of Fish & Wildlife Agencies, www.fishwildlife.org/landing (last visited May 9, 2024).
[29] Committees, Association of Fish & Wildlife Agencies, www.fishwildlife.org/afwa-acts/afwa-committees (last visited June 23, 2023).
[30] Interstate Wildlife Violator Compact, Association of Fish & Wildlife Agencies, at 16, www.fishwildlife.org/afwa-acts/afwa-committees/interstate-wildlife-violator-compact (last visited May 9, 2024).
[31] Id.
[32] The Interstate Wildlife Violator Compact, Oregon Department of Fish and Wildlife, www.dfw.state.or.us/resources/hunting/wildlifeviolatorcompact/wildlife_violator_compact.asp (last visited May 9, 2024).
[33] Id.
[34] Id.
[35] Id.
[36] Id.
[37] Id.
[38] Id.
[39] Id.
[40] Id.
[41] Wildlife Violator Compact Operations Manual, New Jersey Department of Environmental Protection, www.state.nj.us/dep/fgw/pdf/iwvc_manual.pdf (last visited May 9, 2024).
[42] Id.
[43] Id.
[44] Id. at 17.
[45] Id.
[46] Id.
[47] Id.
[48] Id. at 18.
[49] Id. at 19.
[50] Id.
Comments