Part 15. Enforcement
324.1501 . Powers, privileges, prerogatives, and immunities of conservation officers
324.1502 . Powers of conservation officers relating to service of criminal process; fees
324.1505. Inspections; sampling process required; exemptions; reports
324.1511. Initiation of civil enforcement action; duties of department
Part 16. Enforcement of Laws for Protection of Wild Birds, Wild Animals, and Fish
324.1601 . Powers and duties of department and appointed officers
324.1602 . Complaint; prosecution; search without warrant; private property defined; common carrier not liable; issue of warrant; seizures; probable cause
324.1603 . Condemnation and confiscation of seized property; jurisdiction and venue
324.1604 . Condemnation and confiscation of seized property; complaint; order to show cause; notice; hearing; order relating to disposition of property
324.1605 . Condemnation and confiscation of seized property; review or certiorari; procedure; bond
324.1606 . Powers, privileges, immunities, fees, etc., of department and conservation officers; powers of commissioned park and recreation officers; appearances; pleas; fines and costs
324.1607 . Volunteer conservation officers
324.1608 . Resisting, obstructing, etc., department or officer; identification by officer making arrest or search or executing process or warrant
324.1609 . Judgment fee
324.1615. Wildlife violator compact
324.1616. Interstate wildlife violator compact; enforcement; powers and duties of department; suspension of license privileges; hearing; surrender of license; failure to surrender license; penalty
324.1501 Conservation officers as peace officers; powers, privileges, prerogatives, and immunities.
Sec. 1501.
Conservation officers appointed by the department and trained and certified pursuant to the Michigan law enforcement officers training council act of 1965, Act No. 203 of the Public Acts of 1965, being sections 28.601 to 28.616 of the Michigan Compiled Laws, are peace officers, and except as otherwise provided by law, are vested with all the powers, privileges, prerogatives, and immunities conferred upon peace officers as provided in this act, in Act No. 109 of the Public Acts of 1986, being sections 300.21 to 300.22 of the Michigan Compiled Laws, and in the general laws of this state.
History: 1994, Act 451, Eff. Mar. 30, 1995.
324.1502 Service and execution of criminal process; fees.
Sec. 1502.
Except as otherwise provided by law, conservation officers appointed by the department have the same power to serve criminal process and to require aid in executing criminal process as sheriffs, and are entitled to the same fees as sheriffs in performing those duties under this act, under Act No. 109 of the Public Acts of 1986, being sections 300.21 to 300.22 of the Michigan Compiled Laws, and under the general laws of this state.
History: 1994, Act 451, Eff. Mar. 30, 1995.
324.1505. Inspections; sampling process required; exemptions; reports
Sec. 1505. (1) The department shall use a fair and equitable sampling process to select persons whose operations or facilities will be inspected.
(2) Subsection (1) does not apply to any of the following:
(a) An inspection performed in response to a complaint from a third party.
(b) An inspection performed because the department has evidence that a violation has occurred.
(c) A follow-up inspection to determine whether violations identified in a previous inspection have been corrected.
(d) An inspection required for the issuance of a permit.
(e) Any inspection otherwise required under state or federal law.
(3) The department shall annually submit to the legislature a report on all of the following:
(a) The methods used to comply with this section.
(b) The number of inspections subject to subsection (1) and the number of inspections described in subsection (2) that were performed by the department during the prior year.
(4) Before conducting an inspection under this act, the department shall provide the person whose operation or facility will be inspected with both of the following:
(a) An explanation of the person's rights and responsibilities with respect to the inspection.
(b) The reasons for conducting the inspection.
(5) After conducting an inspection under this act, the department shall give the person whose operation or facility was inspected an opportunity to provide comments to the department on the quality of the inspection and the professionalism of the inspector.
(6) As used in this section, “department” means the department of environmental quality.
Credits
P.A.1994, No. 451, § 1505, added by P.A.2011, No. 235, Imd. Eff. Dec. 1, 2011.
324.1511. Initiation of civil enforcement action; duties of department
Sec. 1511. (1) Subject to subsection (2) and notwithstanding any other provision of this act, before initiating a civil enforcement action under this act against a person, the department shall do both of the following:
(a) Beginning May 1, 2019, provide the person in writing a list of each specific provision of statute, rule, or permit that the person is alleged to have violated and a statement of the facts constituting the violation.
(b) Contact the person and extend an offer for staff of the department to meet with the person to discuss the potential civil enforcement action and potential resolution of the issue. If the person agrees to meet with the department, the department shall not initiate a civil enforcement action until after the meeting is held, unless the meeting is not held within a reasonable time of not less than 60 days.
(2) Subsection (1) does not apply under any of the following circumstances:
(a) The civil enforcement action is a civil infraction action.
(b) The department determines that the violation that is the subject of the potential civil enforcement action constitutes an imminent and substantial endangerment of the public health, safety, or welfare or of the environment.
(3) As used in this section:
(a) “Department” means the department, agency, or officer authorized by this act to approve or deny an application for a permit.
(b) “Permit” means a permit or operating license issued under this act.
Credits
P.A.1994, No. 451, § 1511, added by P.A.2011, No. 237, Imd. Eff. Dec. 1, 2011. Amended by P.A.2018, No. 631, Eff. March 29, 2019.
324.1601 Duties of department and appointed officers.
Sec. 1601.
The department and any officer appointed by the department shall do all of the following:
(a) Enforce the statutes and laws of this state for the protection, propagation, or preservation of wild birds, wild animals, and fish.
(b) Enforce all other laws of this state that pertain to the powers and duties of the department or the commission.
(c) Bring or cause to be brought or prosecute or cause to be prosecuted actions and proceedings in the name of the people of this state for the purpose of punishing any person for the violation of statutes or laws described in this section.
History: Add. 1995, Act 60, Imd. Eff. May 24, 1995.
324.1602 Department or officer; prosecution; search without warrant; private property; definition; common carrier not liable; issuance of warrant; seizures; probable cause.
Sec. 1602.
(1) The department, or an officer appointed by the department, may file a complaint and commence proceedings against any person for a violation of any of the laws or statutes described in section 1601, without the sanction of the prosecuting attorney of the county in which the proceedings are commenced. In such a case, the officer is not obliged to furnish security for costs. The department, or an officer appointed by the department, may appear for the people in any court of competent jurisdiction in any cases for violation of any of the statutes or laws described in section 1601, may prosecute the cases in the same manner and with the same authority as the prosecuting attorney of any county in which the proceedings are commenced, and may sign vouchers for the payment of jurors' or witnesses' fees in those cases in the same manner and with the same authority as prosecuting attorneys in criminal cases. Whenever an officer appointed by the department has probable cause to believe that any of the statutes or laws mentioned in section 1601 have been or are being violated by any particular person, the officer has the power to search, without warrant, any boat, conveyance, vehicle, automobile, fish box, fish basket, game bag, game coat, or any other receptacle or place, except dwellings or dwelling houses, or within the curtilage of any dwelling house, in which nets, hunting or fishing apparatuses or appliances, wild birds, wild animals, or fish may be possessed, kept, or carried by the person, and an officer appointed by the department may enter into or upon any private or public property for that purpose or for the purpose of patrolling, investigating, or examining when he or she has probable cause for believing that any of the statutes or laws described in section 1601 have been or are being violated on that property. The term “private property” as used in this part does not include dwellings or dwelling houses or that which is within the curtilage of any dwelling house. An officer appointed by the department shall at any and all times seize and take possession of any and all nets, hunting or fishing apparatuses or appliances, or other property, wild birds, wild animals, or fish, or any part or parts thereof, which have been caught, taken, killed, shipped, or had in possession or under control, at a time, in a manner, or for a purpose, contrary to any of the statutes or laws described in section 1601, and the seizure may be made without a warrant. A common carrier is not responsible for damages or otherwise to any owner, shipper, or consignee by reason of any such seizure. When a complaint is made on oath to any magistrate authorized to issue warrants in criminal cases that any wild birds, wild animals, or fish, any part or parts of wild birds, wild animals, or fish, or any nets, hunting or fishing apparatuses or appliances, or other property have been or are being killed, taken, caught, had in possession or under control, or shipped, contrary to the statutes or laws described in section 1601, and that the complainant believes the property to be stored, kept, or concealed in any particular house or place, the magistrate, if he or she is satisfied that there is probable cause for the belief, shall issue a warrant to search for the property. The warrant shall be directed to the department, or an officer appointed by the department, or to any other peace officer. All wild birds, wild animals, fish, nets, boats, fishing or hunting appliances or apparatuses, or automobiles or other property of any kind seized by an officer shall be turned over to the department to be held by the department subject to the order of the court as provided in this part.
(2) For the purposes of this part, “probable cause” or “probable cause to believe” is present on the part of a peace officer if there are facts that would induce any fair-minded person of average intelligence and judgment to believe that a law or statute had been violated or was being violated contrary to any of the statutes or laws described in section 1601.
History: Add. 1995, Act 60, Imd. Eff. May 24, 1995.
324.1603 Confiscation of seized property; jurisdiction; venue.
Sec. 1603.
(1) The following courts have jurisdiction to determine whether seized property shall be confiscated as provided in section 1604:
(a) The district court, if the property is seized within this state, other than in a city having a municipal court or in a village served by a municipal court, and if the property is not appraised by the officer seizing the property at more than $25,000.00 in value.
(b) A municipal court, if the property is seized in a city having a municipal court or in a village served by a municipal court and if the property is not appraised by the officer seizing the property at more than $1,500.00 in value or $3,000.00 in value if the city in which the municipal court is located has increased the jurisdictional amount under section 22 of the Michigan uniform municipal court act, 1956 PA 5, MCL 730.522.
(c) The circuit court, if the property is seized within this state and if the property exceeds the value specified in subdivision (a) or (b) as appraised by the officer seizing the property.
(2) If the circuit court has jurisdiction under subsection (1), the proceeding shall be commenced in the county in which the property is seized.
(3) If the district court has jurisdiction under subsection (1), venue for a proceeding shall be as follows:
(a) In the county in which the property is seized, if the property is seized in a district of the first class.
(b) In the district in which the property is seized, if the property is seized in a district of the second or third class.
History: Add. 1995, Act 60, Imd. Eff. May 24, 1995 ;--Am. 1999, Act 13, Eff. June 1, 1999.
324.1604. Condemnation and confiscation of seized property; complaint; order to show cause; notice; hearing; order relating to disposition of property
Sec. 1604. (1) The officer seizing the property shall file a verified complaint in the court having jurisdiction and venue over the seizure of the property pursuant to section 1603. [FN1] The complaint shall set forth the kind of property seized, the time and place of the seizure, the reasons for the seizure, and a demand for the property's condemnation and confiscation. Upon the filing of the complaint, an order shall be issued requiring the owner to show cause why the property should not be confiscated. The substance of the complaint shall be stated in the order. The order to show cause shall fix the time for service of the order and for the hearing on the proposed condemnation and confiscation.
(2) The order to show cause shall be served on the owner of the property as soon as possible, but not less than 7 days before the complaint is to be heard. The court, for cause shown, may hear the complaint on shorter notice. If the owner is not known or cannot be found, notice may be served in 1 or more of the following ways:
(a) By posting a copy of the order in 3 public places for 3 consecutive weeks in the county in which the seizure was made and by sending a copy of the order by registered mail to the last known address of the owner. If the last known address of the owner is not known, mailing a copy of the order is not required.
(b) By publishing a copy of the order in a newspaper once each week for 3 consecutive weeks in the county where the seizure was made and by sending a copy of the order by registered mail to the last known address of the owner. If the last known address of the owner is not known, mailing a copy of the order is not required.
(c) In such a manner as the court directs.
(3) Upon the hearing of the complaint, if the court determines that the property mentioned in the petition was caught, killed, possessed, shipped, or used contrary to law, either by the owner or by a person lawfully in possession of the property under an agreement with the owner, an order may be made condemning and confiscating the property and directing its sale or other disposal by the department, the proceeds from which shall be paid into the state treasury and credited to the game and fish protection account of the Michigan conservation and recreation legacy fund provided for in section 2010. [FN2] If the owner or person lawfully in possession of the property seized signs a property release, a court proceeding is not necessary. At the hearing, if the court determines that the property was not caught, killed, possessed, shipped, or used contrary to law, the court shall order the department to return the property immediately to its owner.
CREDIT(S)
P.A.1994, No. 451, § 1604, added by P.A.1995, No. 60, § 1, Imd. Eff. May 24, 1995. Amended by P.A.2004, No. 587, Eff. Dec. 23, 2006.
[FN1] M.C.L.A. § 324.1603.
[FN2] M.C.L.A. § 324.2010.
324.1605 Review or certiorari; procedure; bond.
Sec. 1605.
The proceedings for the condemnation and confiscation of any property under this part are subject to review or certiorari as provided in this part. A writ of certiorari may be issued within 10 days after final judgment and determination in any condemnation proceeding for the purpose of reviewing any error in the proceeding. Notice of the certiorari shall be served upon the department within 10 days after the date of issue, in the same manner as notice is required to be given of certiorari for reviewing judgments rendered by a justice of the peace, and the writ shall be issued and served and bond given and approved in the same manner as is required for reviewing judgments by justices of the peace.
History: Add. 1995, Act 60, Imd. Eff. May 24, 1995.
324.1606 Department and conservation officer or peace officer; powers and duties; beer; park and recreation officers; enforcement of rules, orders, and laws; powers, privileges, and immunities; arrest powers; issuance of civil infraction citation; appearances; “minor offense” defined.
Sec. 1606.
(1) The department and conservation officers appointed by the department are peace officers vested with all the powers, privileges, prerogatives, and immunities conferred upon peace officers by the general laws of this state; have the same power to serve criminal process as sheriffs; have the same right as sheriffs to require aid in executing process; and are entitled to the same fees as sheriffs in performing those duties.
(2) The department may commission park and recreation officers to enforce, on property regulated under part 741 or 781, rules promulgated by the department and orders issued by the department that are authorized in those rules, including, but not limited to, rules promulgated or orders issued under section 504, and any laws of this state specified in those rules as enforceable by commissioned park and recreation officers. In performing those enforcement activities, commissioned park and recreation officers are vested with the powers, privileges, prerogatives, and immunities conferred upon peace officers under the laws of this state. However, a park and recreation officer enforcing rules, orders, or laws described in this subsection on property regulated under part 781 may arrest an individual only for a minor offense committed in the officer's presence and shall issue an appearance ticket as provided in subsection (6).
(3) In addition to the limited arrest authority granted in subsection (2), on property regulated under part 741, a commissioned park and recreation officer may arrest an individual without a warrant if 1 or more of the following circumstances exist:
(a) In the presence of the park and recreation officer, the individual commits an assault or an assault and battery in violation of section 81 or 81a of the Michigan penal code, 1931 PA 328, MCL 750.81 and 750.81a.
(b) The park and recreation officer has reasonable cause to believe that a felony has been committed and reasonable cause to believe that the individual has committed it.
(c) The park and recreation officer has received affirmative written or verbal notice from a law enforcement officer or agency that a peace officer possesses a warrant for the individual's arrest.
(d) The person violates section 625(1), (3), or (6) or 626 of the Michigan vehicle code, 1949 PA 300, MCL 257.625 and 257.626.
(e) The person violates part 741, 811, or 821 or section 80198b.
(f) The person violates section 11(7) or 19 of the personal watercraft safety act, 1998 PA 116, MCL 281.1411 and 281.1419.
(4) In addition to the limited arrest authority granted in subsection (2), on property regulated under part 781, a commissioned park and recreation officer may arrest an individual without a warrant for a minor offense listed in subsection (3) committed in the officer's presence and shall issue an appearance ticket as provided in subsection (6).
(5) A commissioned park and recreation officer under subsection (2) may issue a civil infraction citation to an individual who violates section 626b or 627 of the Michigan vehicle code, 1949 PA 300, MCL 257.626b and 257.627.
(6) If a conservation officer or a park and recreation officer commissioned under subsection (2) arrests a person without warrant for a minor offense committed in the officer's presence, instead of immediately bringing the person for arraignment by the court having jurisdiction, the officer may issue to and serve upon the person an appearance ticket as authorized by sections 9c to 9g of chapter IV of the code of criminal procedure, 1927 PA 175, MCL 764.9c to 764.9g. However, if a park and recreation officer commissioned under subsection (2) arrests a person without a warrant for a minor offense committed on property regulated under part 781 in the officer's presence, the park and recreation officer shall issue and serve upon the person such an appearance ticket.
(7) An appearance pursuant to an appearance ticket may be made in person, by representation, or by mail. If appearance is made by representation or mail, a district judge or a municipal judge may accept a plea of guilty and payment of a fine and costs on or before the definite court date indicated on the appearance ticket, or may accept a plea of not guilty for purposes of arraignment, both with the same effect as though the person personally appeared before the court. If appearance is made by representation or mail, a district court magistrate may accept a plea of guilty upon an appearance ticket and payment of a fine and costs on or before the definite court date indicated on the appearance ticket for those offenses within the magistrate's jurisdiction, as prescribed by section 8511 of the revised judicature act of 1961, 1961 PA 236, MCL 600.8511, or may accept a plea of not guilty for purposes of arraignment, if authorized to do so by the judge of the district court district, with the same effect as though the person personally appeared before the court. The court, by giving not less than 5 days' notice of the date of appearance, may require appearance in person at the place designated in the appearance ticket.
(8) This section does not prevent the execution of a warrant for the arrest of the person as in other cases of misdemeanors if necessary.
(9) If a person fails to appear, the court, in addition to the fine assessed if the person is found guilty for the offense committed, may add to the fine and costs levied against the person additional costs incurred in compelling the appearance of the person, which additional costs shall be returned to the general fund of the unit of government incurring the costs.
(10) As used in this section, “minor offense” means that term as defined in section 1 of chapter I of the code of criminal procedure, 1927 PA 175, MCL 761.1.
History: Add. 1995, Act 60, Imd. Eff. May 24, 1995 ;--Am. 2000, Act 414, Eff. Mar. 28, 2001.
324.1607 Volunteer conservation officers.
Sec. 1607.
(1) The department may appoint persons to function as volunteer conservation officers. A volunteer conservation officer shall be appointed to assist a conservation officer in the performance of the conservation officer's duties. While a volunteer conservation officer is assisting a conservation officer, the volunteer conservation officer has the same immunity from civil liability as a conservation officer, and shall be treated in the same manner as an officer or employee under section 8 of Act No. 170 of the Public Acts of 1964, being section 691.1408 of the Michigan Compiled Laws. The volunteer conservation officer shall not carry a firearm while functioning as a volunteer conservation officer.
(2) As used in this section, “volunteer” means a person who provides his or her service as a conservation officer without pay.
(3) To qualify as a volunteer conservation officer, a person shall meet all of the following qualifications:
(a) Have no felony convictions. In determining whether the person has a felony conviction, the person shall present documentation to the department that a criminal record check through the law enforcement information network has been conducted by a law enforcement agency.
(b) Have completed 10 hours of training conducted by the law enforcement division of the department.
(4) Upon compliance with subsection (3) and upon recommendation by the department, a person may be appointed as a volunteer conservation officer. An appointment shall be valid for 3 years. At the completion of the 3 years, the volunteer conservation officer shall comply with the requirements of this section in order to be reappointed as a volunteer conservation officer.
(5) A volunteer conservation officer's appointment is valid only if the volunteer conservation officer is on assignment with, and in the company of, a conservation officer.
History: Add. 1995, Act 60, Imd. Eff. May 24, 1995.
324.1608 Obstructing, resisting, or opposing officers as misdemeanor; penalty.
Sec. 1608.
A person who knowingly or willfully obstructs, resists, or opposes the department, an officer appointed by the department, or any other peace officer in the performance of the duties and execution of the powers prescribed in this part or in any statute or law, in making an arrest or search as provided in this part, or in serving or attempting to serve or execute any process or warrant issued by lawful authority, or who obstructs, resists, opposes, assaults, beats, or wounds the department, any officer appointed by the department, or any other peace officer while the department or officer is lawfully making an arrest or search, lawfully serving or attempting to serve or execute any such process or warrant, or lawfully executing or attempting to execute or lawfully performing or attempting to perform any of the powers and duties provided for in the statutes or laws described in section 1601, is guilty of a misdemeanor, punishable as provided in section 479 of the Michigan penal code, Act No. 328 of the Public Acts of 1931, being section 750.479 of the Michigan Compiled Laws. In making an arrest or search as provided in this part, or in serving or attempting to serve or execute any process or warrant, the department, any officer appointed by the department, or any other peace officer shall identify himself or herself by uniform, badge, insignia, or official credentials.
History: Add. 1995, Act 60, Imd. Eff. May 24, 1995 .
Sec. 1609. In all prosecutions for violation of the law for the protection of game and fish, the sentencing court shall assess, as costs, the sum of $10.00, to be known as the judgment fee. When collected, the judgment fee shall be paid into the state treasury to the credit of the game and fish protection account of the Michigan conservation and recreation legacy fund provided for in section 2010. [FN1]
CREDIT(S)
P.A.1994, No. 451, § 1609, added by P.A.1995, No. 60, § 1, Imd. Eff. May 24, 1995. Amended by P.A.2004, No. 587, Eff. Dec. 23, 2006.
[FN1] M.C.L.A. § 324.2010.
324.1615. Wildlife violator compact
Sec. 1615. The governor of this state may enter into a compact on behalf of this state with any of the other states of the United States legally joining in the compact in the form substantially as follows:
ARTICLE I
FINDINGS, DECLARATION OF POLICY, AND PURPOSE
(a) The participating states find that:
(1) Wildlife resources are managed in trust by the respective states for the benefit of all residents and visitors.
(2) The protection of the wildlife resources of a state is materially affected by the degree of compliance with state statutes, state laws, state regulations, state ordinances, and state administrative rules relating to the management of such resources.
(3) The preservation, protection, management, and restoration of wildlife contributes immeasurably to the aesthetic, recreational, and economic aspects of such natural resources.
(4) Wildlife resources are valuable without regard to political boundaries; therefore, every person should 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 any license to hunt, fish, trap, or possess wildlife.
(5) Violation of wildlife laws interferes with the management of wildlife resources and may endanger the safety of persons and property.
(6) The mobility of many wildlife law violators necessitates the maintenance of channels of communication among the various states.
(7) In most instances, a person who is cited for a wildlife violation in a state other than his home state:
(i) Is required to post collateral or a bond to secure appearance for a trial at a later date; or
(ii) Is taken into custody until the collateral or bond is posted; or
(iii) Is taken directly to court for an immediate appearance.
(8) The purpose of the enforcement practices set forth in paragraph (7) of this article is to ensure compliance with the terms of a wildlife citation by the cited person who, if permitted to continue on his way after receiving the citation, could return to his home state and disregard his duty under the terms of the citation.
(9) In most instances, a person receiving a wildlife citation in his home state is permitted to accept the citation from the officer at the scene of the violation and immediately continue on his way after agreeing or being instructed to comply with the terms of the citation.
(10) The practices described in paragraph (7) of this article cause unnecessary inconvenience and, at times, a hardship for the person who is unable at the time to post collateral, furnish a bond, stand trial, or pay a fine, and thus is compelled to remain in custody until some alternative arrangement is made.
(11) The enforcement practices described in paragraph (7) of this article consume an undue amount of law enforcement time.
(b) It is the policy of the participating states to:
(1) Promote compliance with the state statutes, state laws, state ordinances, state regulations, and state administrative rules relating to management of wildlife resources in their respective states.
(2) Recognize the suspension of wildlife license privileges of any person whose license privileges have been suspended by a participating state and treat such suspension as if it had occurred in their state.
(3) Allow a violator, except as provided in paragraph (b) of article III, to accept a wildlife citation and, without delay, proceed on his way, whether or not a resident of the state in which the citation was issued, provided that the violator's home state is party to this compact.
(4) Report to the appropriate participating state, as provided in the compact manual, any conviction recorded against any person whose home state was not the issuing state.
(5) Allow the home state to recognize and treat convictions recorded against its residents, which convictions occurred in a participating state, as though they had occurred in the home state.
(6) Extend cooperation to its fullest extent among the participating states for enforcing compliance with the terms of a wildlife citation issued in one participating state to a resident of another participating state.
(7) Maximize effective use of law enforcement personnel and information.
(8) Assist court systems in the efficient disposition of wildlife violations.
(c) The purpose of this compact is to:
(1) Provide a means through which participating states may join in a reciprocal program to effectuate the policies enumerated in paragraph (b) of this article in a uniform and orderly manner.
(2) Provide for the fair and impartial treatment of wildlife violators operating within participating states in recognition of the violator's right to due process and the sovereign status of a participating state.
ARTICLE II
DEFINITIONS
As used in this compact, unless the context requires otherwise:
(a) “Citation” means any summons, complaint, summons and 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 tribunal, 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, state law, state regulation, state ordinance, or state administrative rule, and 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 state statute, state law, state regulation, state ordinance, or state 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 those 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 state statute, state law, state regulation, state ordinance, or state 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 state law.
(p) “Wildlife law” means any state statute, state law, state regulation, state ordinance, or state 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 state statute, state law, state regulation, state ordinance, or state administrative rule developed and enacted for the management of wildlife resources and the uses thereof.
ARTICLE III
PROCEDURES FOR ISSUING STATE
(a) When issuing a citation for a wildlife violation, a wildlife officer shall issue a citation to any 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 such person to post collateral to secure appearance, subject to the exceptions noted in paragraph (b) of this article, if the officer receives the recognizance of such person that he will comply with the terms of the citation.
(b) Personal recognizance is acceptable (1) if not prohibited by state law or the compact manual and (2) if 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 in accordance with 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 pursuant to paragraph (c) of this article, 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 with the content as prescribed in the compact manual.
ARTICLE IV
PROCEDURE FOR HOME STATE
(a) Upon receipt of a report from the licensing authority of the issuing state reporting the failure of a violator to comply with the terms of a citation, the licensing authority of the home state shall notify the violator and shall initiate a suspension action in accordance with the home state's suspension procedures and shall 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. 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 the suspension of license privileges.
(c) The licensing authority of the home state shall maintain a record of actions taken and shall make reports to issuing states as provided in the compact manual.
ARTICLE V
RECIPROCAL RECOGNITION OF SUSPENSION
(a) All participating states shall recognize the suspension of license privileges of any person by any participating state as though the violation resulting in the suspension had occurred in their state and would have been the basis for a mandatory suspension of license privileges in their state.
(b) Each participating state shall communicate suspension information to other participating states in the form and with the content as contained in the compact manual.
ARTICLE VI
APPLICABILITY OF OTHER LAWS
(a) Except as expressly required by provisions of this compact, nothing herein shall be construed to affect the right of any participating state to apply any of its laws relating to license privileges to any person or circumstance or to invalidate or prevent any agreement or other cooperative arrangement between a participating state and a nonparticipating state concerning wildlife law enforcement.
ARTICLE VII
COMPACT ADMINISTRATOR PROCEDURES
(a) For the purpose of administering the provisions of this compact and to serve as a governing body for the resolution of all matters relating to the operation of this compact, a board of compact administrators is established. The board shall be composed of 1 representative from each of the participating states to be known as the compact administrator. The compact administrator shall be appointed by the head of the licensing authority of each participating state and shall serve and be subject to removal in accordance with the laws of the state he represents. A compact administrator may provide for the discharge of his duties and the performance of his functions as a board member by an alternate. An alternate shall not be entitled to serve unless written notification of his 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 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 thereof. Action by the board shall be only at a meeting at which a majority of the participating states are represented.
(c) The board shall elect annually from its membership a chairman and vice-chairman.
(d) The board shall adopt bylaws not inconsistent with the provisions of this compact or the laws of a participating state for the conduct of its business and shall have the power to amend and rescind its bylaws.
(e) The board may accept for any of its purposes and functions under this compact any and all donations and grants of moneys, equipment, supplies, materials, and services, conditional or otherwise, from any state, the United States, or any governmental agency, and may receive, utilize and dispose of the donations and grants.
(f) The board may contract with, or accept services or personnel from, any governmental or intergovernmental agency, individual, firm, or corporation, or any private nonprofit organization or institution.
(g) The board shall formulate all necessary procedures and develop uniform forms and documents for administering the provisions of this compact. All procedures and forms adopted pursuant to board action shall be contained in a compact manual.
ARTICLE VIII
ENTRY INTO COMPACT AND WITHDRAWAL
(a) This compact shall become effective at such time as it is adopted in a substantially similar form by 2 or more states.
(b)(1) Entry into the compact shall be made by resolution of ratification executed by the authorized officials of the applying state and submitted to the chairman of the board.
(2) The resolution shall substantially be in the form and content as provided in the compact manual and shall include the following:
(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 and provisions of this compact; and
(iii) An agreement that compact entry is with all states participating in the compact and with all additional states legally becoming a party to the compact.
(3) The effective date of entry shall be specified by the applying state but shall not be less than 60 days after notice has been given, (a) by the chairman of the board of the compact administrators or (b) by the secretariat of the board to each participating state, that the resolution from the applying state has been received.
(c) A participating state may withdraw from participation in this compact by official written notice to each participating state, but withdrawal shall not become effective until 90 days after the notice of withdrawal is given. The notice shall be directed to the compact administrator of each member state. No withdrawal of any state shall affect the validity of this compact as to the remaining participating states.
ARTICLE IX
AMENDMENTS TO THE COMPACT
(a) This compact may be amended from time to time. Amendments shall be presented in resolution form to the chairman of the board of compact administrators and shall be initiated by one 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.
(c) Failure of a participating state to respond to the compact chairman within 120 days after receipt of a proposed amendment shall constitute endorsement thereof.
ARTICLE X
CONSTRUCTION AND SEVERABILITY
This compact shall be liberally construed so as to effectuate the purposes stated herein. The provisions of this compact are severable and if any phrase, clause, sentence, or provision of this compact is declared to be contrary to the constitution of any participating state or of the United States, or the applicability thereof to any government, agency, individual, or circumstance is held invalid, the validity of the remainder of this compact shall not be affected thereby. If this compact is held contrary to the constitution of any 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.
ARTICLE XI
TITLE
This compact shall be known as the “wildlife violator compact”.
CREDIT(S)
P.A.1994, No. 451, § 1615, added by P.A.2004, No. 235, Imd. Eff. July 21, 2004.
324.1616. Interstate wildlife violator compact; enforcement; powers and duties of department; suspension of license privileges; hearing; surrender of license; failure to surrender license; penalty
Sec. 1616. (1) The department shall enforce the compact and shall do all things within the department's jurisdiction that are appropriate in order to effectuate the purposes and the intent of the compact.
(2) On behalf of this state, the department may do either of the following:
(a) Withdraw from the compact under article VIII of the compact.
(b) Adopt amendments to the compact under article IX of the compact.
(3) Pursuant to article IV(a) of the compact, if the department receives notice from the licensing authority of an issuing state that a resident of this state has failed to comply with the terms of a citation, the department shall suspend the license privileges of the resident.
(4) Pursuant to article IV(b) of the compact, if the department receives notice of conviction of a resident of this state from the licensing authority of an issuing state, the department shall suspend the license privileges of the resident if the conviction would have resulted in mandatory suspension of the license had it occurred in this state. The department may suspend the license privileges if the conviction could have resulted in discretionary suspension of the license had the conviction occurred in this state.
(5) Pursuant to article V(a) of the compact, if the department receives notice of the suspension of any person's license privileges by a participating state, the department shall determine whether the violation leading to the suspension would have led to the suspension of license privileges under this state's law in accordance with the compact manual. If the department determines that the person's license privileges would have been suspended, the department may suspend the person's license privileges for the same period as imposed by the participating state, but not to exceed the maximum period allowed by the law of this state.
(6) If the department suspends a person's license privileges pursuant to the compact, the department shall provide the person with an opportunity for an evidentiary hearing under the administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to 24.328, limited to the following grounds:
(a) Whether, under article IV(a) of the compact, the person failed to comply with the terms of a citation in another participating state.
(b) Whether, under article IV(b) of the compact, there was a conviction in another participating state and the conviction would have led to the suspension of license privileges under this state's law, the conviction is on appeal in the participating state, or the alleged violator is not the proper party.
(c) Whether, under article V of the compact, a participating state suspended the person's license privileges and the violation leading to the suspension would have led to the forfeiture of privileges under this state's law, the conviction is on appeal in the participating state, or the alleged violator is not the proper party.
(7) An evidentiary hearing shall be requested within 20 days after the department sends the person notice of the suspension. The person shall surrender to the department any licenses issued under part 435[FN 1] to the person within 10 days after notice of the suspension is sent. The department shall, by first-class mail, send to any resident of this state at his or her last known address notice of the suspension, of the opportunity for an evidentiary hearing, and of the obligation to surrender licenses.
(8) A person who fails to surrender a license under subsection (7) is guilty of a misdemeanor punishable by imprisonment for not more than 90 days or a fine of not less than $25.00 or more than $250.00, or both.
(9) As used in this section, “compact” means the interstate wildlife violator compact provided for in section 1615.[FN 2] If a term defined in article II of the compact is used in this section, the definitions in article II of the compact apply to that term as used in this section.
Credits
P.A.1994, No. 451, § 1616, added by P.A.2013, No. 37, Imd. Eff. May 28, 2013.
Footnotes
[FN 1] M.C.L.A. § 324.43501 et seq.
[FN 2] M.C.L.A. § 324.1615.