South Dakota § 41-15A-3 - Definitions.

§ 41-15A-3. Definitions.

Terms used in this chapter and compact mean:

(1)    "Citation," any summons, complaint, summons and complaint, ticket, penalty assessment, or other official document that is issued to a person by a wildlife officer or other peace officer for a wildlife violation and that contains an order requiring the person to respond;

(2)    "Collateral," 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;

(3)    "Compliance," with respect to a citation, 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;

(4)    "Conviction," a conviction, including any court conviction, for any offense that is related to the preservation, protection, management, or restoration of wildlife and that is prohibited by state statute, law, regulation, ordinance, or administrative rule. The term also includes 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;

(5)    "Court," a court of law, including magistrate's court and the justice of the peace court, if any;

(6)    "Home state," the state of primary residence of a person;

(7)    "Issuing state," the participating state that issues a wildlife citation to a violator;

(8)    "License," any license, permit, or other public document that conveys to the person to whom it was issued the privilege of pursuing, possessing, or taking any wildlife regulated by statute, law, regulation, ordinance, or administrative rule of a participating state;

(9)    "Licensing authority," the department or division within each participating state that is authorized by law to issue or approve licenses or permits to hunt, trap, fish, or possess wildlife;

(10)    "Participating state," any state that enacts legislation to become a member of this wildlife compact;

(11)    "Personal recognizance," 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;

(12)    "State," 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;

(13)    "Suspension," 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;

(14)    "Terms of the citation," those conditions and options expressly stated in the citation;

(15)    "Wildlife," all species of animals including mammals, birds, fish, reptiles, amphibians, mollusks, and crustaceans, which are defined as wildlife and are protected or otherwise regulated by statute, law, regulation, ordinance, or administrative rule in a participating state. Species included in the definition of wildlife for purposes of this compact are based on state or local law;

(16)    "Wildlife law," any statute, law, regulation, ordinance, or administrative rule developed and enacted for the management of wildlife resources and the uses thereof;

(17)    "Wildlife officer," any individual authorized by a participating state to issue a citation for a wildlife violation;

(18)    "Wildlife violation," any cited violation of a statute, law, regulation, ordinance, or administrative rule developed and enacted for the management of wildlife resources and the uses thereof.

Source: SL 2004, ch 267, § 3.