reglab/housing_qa huggingface dataset:
MT Code § 80-7-1007 (2021)
2021 Montana Code Annotated|Title 80. Agriculture|Chapter 7. Disease, Pest, and Weed Control|Part 10. Aquatic Invasive Species|80-7-1007. Rulemaking authority

  80-7-1007. Rulemaking authority. (1) Unless otherwise provided in Title 81, chapters 2 and 7, or this chapter, each of the departments may adopt rules for the prevention, early detection, and control of invasive species under the departments' jurisdiction, including rules for the:   (a) implementation of the invasive species strategic plan adopted pursuant to 80-7-1006;   (b) transportation of an invasive species or any agent likely to be a carrier of an invasive species;   (c) designation, regulation, and treatment of an invasive species management area under 80-7-1008, including rules pertaining to:   (i) the use of quarantine regulations and measures;   (ii) the movement of vessels and equipment within, to, or from the area; and   (iii) the inspection and cleaning of vessels and equipment moving within, to, or from the area;   (d) manner in which vessels and equipment, including bilges, livewells, bait containers, and other boating-related equipment, traveling in the state must be cleaned to ensure that they are free from the presence of an invasive species; and   (e) prohibition on the use of felt-soled waders.   (2) The departments shall adopt rules for the administration of the statewide invasive species management area established in 80-7-1015, including rules specifying the method or methods for preventing the introduction or further introduction of invasive species into the state, and shall adopt rules for:   (a) the use of quarantine measures;   (b) the movement of vessels and equipment into the state; and   (c) the manner in which check stations will be used to inspect, clean, and decontaminate vessels and equipment moving into the state.   History: En. Sec. 7, Ch. 429, L. 2009; amd. Sec. 5, Ch. 378, L. 2011; amd. Sec. 6, Ch. 354, L. 2013; amd. Sec. 22, Ch. 275, L. 2017; amd. Sec. 9, Ch. 348, L. 2017.
MT Code § 80-7-1008 (2021)
2021 Montana Code Annotated|Title 80. Agriculture|Chapter 7. Disease, Pest, and Weed Control|Part 10. Aquatic Invasive Species|80-7-1008. Invasive species management area -- authorization

  80-7-1008. Invasive species management area -- authorization. (1) Except as provided in 80-7-1015, when an invasive species is identified as infesting or threatening an area, the department with jurisdiction over that invasive species may designate and administer an invasive species management area for a specific area of land or for a body or bodies of water for a specific or indeterminate amount of time to prevent and control the infestation or spread of that invasive species.   (2) To the extent practicable, prior to the designation of an invasive species management area, the department making the designation shall coordinate with all of the departments in order to further the purposes of this part.   (3) The designation of an invasive species management area must specify:   (a) the invasive species present or considered threatening; and   (b) the method or methods for preventing the introduction of the species or controlling or eradicating the species, including regulations pertaining to:   (i) the use of quarantine measures;   (ii) the movement of vessels and equipment within, to, and from the area; and   (iii) whether check stations will be used to inspect and clean vessels and equipment moving within, to, or from the area. Mandatory inspections of any interior portion of a vessel or equipment that may contain water may occur only if the use of mandatory inspections is included as part of quarantine measures established pursuant to subsection (3)(b)(i).   (4) As far as practical, signs indicating that an invasive species management area is in place must be posted in an effective manner at access points to the designated area and along the boundaries and within the area. The signs must include information about the specific regulations that apply to the area. The signs must be paid for with funds from the invasive species account established in 80-7-1004. The departments may coordinate with any other governmental entity for the posting of signs.   History: En. Sec. 8, Ch. 429, L. 2009; amd. Sec. 6, Ch. 378, L. 2011; amd. Sec. 7, Ch. 354, L. 2013; amd. Sec. 10, Ch. 348, L. 2017.
MT Code § 80-7-1009 (2021)
2021 Montana Code Annotated|Title 80. Agriculture|Chapter 7. Disease, Pest, and Weed Control|Part 10. Aquatic Invasive Species|80-7-1009. Arrangements with landowners

  80-7-1009. Arrangements with landowners. (1) The department designating an invasive species management area pursuant to 80-7-1008 shall work cooperatively with any affected land managers and landowners within the boundaries of the designated area to establish prevention, treatment, control, and eradication methods best suited for the invasive species infesting or threatening the area.   (2) If negotiations with a land manager or landowner fail, the designating department may arrange for the prevention, treatment, control, and eradication of the designated species as it relates to water infrastructure, including but not limited to hydroelectric, municipal, recreational, and irrigation equipment, without the consent of the land manager or landowner. To the extent possible, the arrangements by the department must be made in a manner best suited to preventing, treating, controlling, and eradicating the invasive species, while minimizing disturbances and adverse impacts to the landowner.   History: En. Sec. 9, Ch. 429, L. 2009.
MT Code § 80-7-1010 (2021)
2021 Montana Code Annotated|Title 80. Agriculture|Chapter 7. Disease, Pest, and Weed Control|Part 10. Aquatic Invasive Species|80-7-1010. Invasive species management area -- regulation

  80-7-1010. Invasive species management area -- regulation. (1) The owner, operator, or person in possession of any vessel or equipment authorized for use in an invasive species management area shall comply with any regulations imposed pursuant to 80-7-1008(3)(b) and provide proof of compliance upon request of a department or its designee.  (2) After use in a body of water within an invasive species management area, all vessels, equipment, bait containers, livewells, bilges, and other boating-related equipment, excluding marine sanitary systems, must be drained in a way that does not impact any state waters and the drain plug disengaged to drain the water before leaving the boat launch or parking area and being transported on land or a public highway, as defined in 61-1-101, except where allowed by the department of fish, wildlife, and parks. After draining the water, the drain plug may be reengaged. If a drain plug does not exist or a drain plug cannot be disengaged to comply with this subsection, reasonable measures must be taken to dry or drain all compartments or spaces that hold water.   History: En. Sec. 10, Ch. 429, L. 2009; amd. Sec. 8, Ch. 354, L. 2013; amd. Sec. 9, Ch. 387, L. 2017; amd. Sec. 2, Ch. 192, L. 2021.
MT Code § 80-7-1011 (2021)
2021 Montana Code Annotated|Title 80. Agriculture|Chapter 7. Disease, Pest, and Weed Control|Part 10. Aquatic Invasive Species|80-7-1011. Check stations

  80-7-1011. Check stations. (1) The departments shall establish a check station within or adjacent to an invasive species management area to prevent the introduction, importation, infestation, and spread of the invasive species for which the designation was issued.   (2) At a check station established under subsection (1), the departments may examine vessels and equipment for the presence of an invasive species and compliance with regulations imposed under 80-7-1008(3)(b) and with this section. Examination of any interior portion of a vessel or equipment that may contain water, including bilges, livewells, and bait containers, for compliance may occur only if inspection of interior portions is included as part of quarantine measures established pursuant to 80-7-1008(3)(b)(i).   (3) The owner, operator, or person in possession of a vessel or equipment shall stop at any check station unless a medical emergency makes stopping likely to result in death or serious bodily injury.   (4) If during an inspection of a vessel or equipment the presence of an invasive species is detected, that vessel or equipment may not leave the check station without authorization until it is cleaned and decontaminated in a manner established in accordance with 80-7-1008(3)(b). Every effort must be made to ensure decontamination of the vessel or equipment as expeditiously as possible.   History: En. Sec. 11, Ch. 429, L. 2009; amd. Sec. 7, Ch. 378, L. 2011; amd. Sec. 9, Ch. 354, L. 2013; amd. Sec. 11, Ch. 348, L. 2017.
MT Code § 80-7-1012 (2021)
2021 Montana Code Annotated|Title 80. Agriculture|Chapter 7. Disease, Pest, and Weed Control|Part 10. Aquatic Invasive Species|80-7-1012. Invasive species possession and transfer prohibited -- exceptions

  80-7-1012. Invasive species possession and transfer prohibited -- exceptions. (1) Except as provided in subsection (2), a person may not import, purchase, sell, barter, distribute, propagate, transport, introduce, or possess an invasive species except:   (a) when transporting a specimen to any of the departments or another destination as directed by any of the departments in a sealed container for the purpose of containing, identifying, or reporting the presence of the species or for an approved educational purpose;   (b) when done by a government agency for an approved purpose;   (c) with a proper permit issued by the state or federal government; or   (d) as allowed by rule.   (2) A person who learns of the presence of an invasive species on that person's vessel or property shall notify the department with primary jurisdiction of the species immediately. If the person complies with department requirements for the treatment, control, and eradication of the invasive species, the person must be considered to be in compliance with this section and is not subject to penalties under 80-7-1014. This subsection does not apply to a person who purposely or knowingly introduces or attempts to introduce an invasive species in Montana.   History: En. Sec. 12, Ch. 429, L. 2009.
MT Code § 80-7-1013 (2021)
2021 Montana Code Annotated|Title 80. Agriculture|Chapter 7. Disease, Pest, and Weed Control|Part 10. Aquatic Invasive Species|80-7-1013. Emergency response

  80-7-1013. Emergency response. (1) The governor may declare an invasive species emergency if:   (a) the introduction or spread of an invasive species has occurred or is imminent;   (b) a new and potentially harmful invasive species is discovered in the state and is verified by the departments; or   (c) the state is facing a potential influx of invasive species as the result of a natural disaster.   (2) If an emergency is declared pursuant to subsection (1), the governor may authorize the expenditure of funds pursuant to 10-3-312.   (3) In the absence of necessary funding from other sources, the principal of the invasive species trust fund established in 80-7-1016 may be appropriated by a vote of three-fourths of the members of each house of the legislature to government agencies for emergency relief to eradicate or confine the new invasive species or to protect the state from an influx of invasive species due to a natural disaster.   History: En. Sec. 13, Ch. 429, L. 2009; amd. Sec. 4, Ch. 289, L. 2015.
MT Code § 80-7-1014 (2021)
2021 Montana Code Annotated|Title 80. Agriculture|Chapter 7. Disease, Pest, and Weed Control|Part 10. Aquatic Invasive Species|80-7-1014. Penalty

  80-7-1014. Penalty. (1) Except as provided in subsection (2), the following penalties apply:   (a) The offense of negligently violating the provisions of 80-7-1010 through 80-7-1012 and 80-7-1015 or rules adopted under 80-7-1010 through 80-7-1012 and 80-7-1015 pertaining to an invasive species management area or the statewide invasive species management area is a misdemeanor punishable by a fine not to exceed $500 for the first offense and $750 for subsequent offenses.   (b) The offense of purposely or knowingly violating the provisions of 80-7-1010 through 80-7-1012 and 80-7-1015 or rules adopted under 80-7-1010 through 80-7-1012 and 80-7-1015 pertaining to an invasive species management area or the statewide invasive species management area is a misdemeanor punishable by a fine not to exceed $975. In addition, the person shall forfeit the following as issued by this state:   (i) any current fishing license and the privilege to fish in this state for a period of time set by the court; and   (ii) any current sticker or decal required under this part to operate a vessel on the waters of this state.   (c) Purposely or knowingly attempting to introduce an invasive species in Montana is a felony. Any person found guilty under this subsection (1)(c) is subject to a criminal penalty of up to 2 years in prison, a fine not to exceed $10,000, or both. A person convicted of violating this subsection (1)(c) may also be required to surrender an involved vessel and pay restitution for any cost incurred to mitigate the effect of the violation.   (d) A civil penalty not to exceed $2,500 may be imposed on any person who violates any other provision of 80-7-1010 through 80-7-1012 and 80-7-1015 or rules adopted under 80-7-1010 through 80-7-1012 and 80-7-1015 not enumerated in subsections (1)(a) through (1)(c).   (2) A warning without penalty may be issued to any person violating the provisions of 80-7-1010 through 80-7-1012 and 80-7-1015 or rules adopted under 80-7-1010 through 80-7-1012 and 80-7-1015 if it is determined that a warning best serves the public interest.   (3) Civil penalties collected under this section must be deposited in the general fund.   History: En. Sec. 14, Ch. 429, L. 2009; amd. Sec. 10, Ch. 354, L. 2013; amd. Sec. 12, Ch. 348, L. 2017.
MT Code § 80-7-1016 (2021)
2021 Montana Code Annotated|Title 80. Agriculture|Chapter 7. Disease, Pest, and Weed Control|Part 10. Aquatic Invasive Species|80-7-1016. Invasive species trust fund

  80-7-1016. Invasive species trust fund. (1) There is an invasive species trust fund. The board of investments shall invest the money of the fund, and the investment income must be deposited in the fund.   (2) The principal of the invasive species trust fund shall forever remain inviolate in an amount of $100 million unless appropriated by a vote of three-fourths of the members of each house of the legislature.   (3) Except as provided in 80-7-1013 and subsection (2) of this section, money deposited in the invasive species trust fund may not be appropriated until the principal reaches $100 million.   (4) On July 1 of each fiscal year, the principal of the invasive species trust fund in excess of $100 million and the interest and income generated from the trust fund, excluding unrealized gains and losses, must be deposited in the invasive species account established in 80-7-1004.   (5) Deposits to the principal of the trust fund may include but are not limited to grants, gifts, transfers, bequests, or donations from any source.   History: En. Sec. 1, Ch. 289, L. 2015; amd. Sec. 10, Ch. 387, L. 2017.
MT Code § 80-7-1017 (2021)
2021 Montana Code Annotated|Title 80. Agriculture|Chapter 7. Disease, Pest, and Weed Control|Part 10. Aquatic Invasive Species|80-7-1017. Invasive species grant account

  80-7-1017. Invasive species grant account. (1) There is an invasive species grant account in the state special revenue fund established in 17-2-102. Subject to appropriation by the legislature, money deposited in the account must be used pursuant to 80-7-1018 and this section.   (2) Deposits to the account may include but are not limited to grants, gifts, transfers, bequests, donations, and appropriations from any source.   (3) Interest and income earned on the account and any unspent or unencumbered money in the account at the end of a fiscal year must remain in the account.   (4) Money deposited in the account may be used for costs incurred by the department of natural resources and conservation to administer the provisions of 80-7-1018. Except for startup costs incurred in the first year of the program, the administrative costs in any fiscal year, including but not limited to personal services and operations, may not exceed 10% of the total amount of grants and contracts awarded pursuant to 80-7-1018 in the previous fiscal year.   History: En. Sec. 2, Ch. 289, L. 2015; amd. Sec. 11, Ch. 387, L. 2017.
MT Code § 80-7-1018 (2021)
2021 Montana Code Annotated|Title 80. Agriculture|Chapter 7. Disease, Pest, and Weed Control|Part 10. Aquatic Invasive Species|80-7-1018. Invasive species grant program -- criteria -- rulemaking

  80-7-1018. Invasive species grant program -- criteria -- rulemaking. (1) Money deposited in the invasive species grant account established in 80-7-1017 may be expended by the department of natural resources and conservation through grants to or contracts with communities or local, state, tribal, or other entities for invasive species management.   (2) For the purposes of this section, the term "invasive species management" includes public education and planning, development, implementation, or continuation of a program or project to prevent, research, detect, control, or, where possible, eradicate invasive species.   (3) A grant or contract may be awarded under this section for demonstration of and research and public education on new and innovative invasive species management.   (4) In making grant and contract awards under this section, the department of natural resources and conservation shall give preference to local governments, collaborative stakeholders, and community groups that it determines can most effectively implement programs on the ground.   (5) If the governor appoints an advisory council on invasive species, the department of natural resources and conservation shall consider recommendations by the advisory council for awards made under this section.   (6) The department of natural resources and conservation is not eligible to receive grants and contracts under this section.   (7) The department of natural resources and conservation may accept federal funds for use pursuant to this section.   (8) Any funds awarded under this section, regardless of when they were awarded, that are not fully expended upon termination of a contract or an extension of a contract, not to exceed 1 year, must revert to the department of natural resources and conservation and be deposited in the invasive species grant account established in 80-7-1017. The department of natural resources and conservation shall use any reverted funds to make future awards pursuant to this section.   (9) The department of natural resources and conservation may adopt rules to administer the provisions of this section.   History: En. Sec. 3, Ch. 289, L. 2015; amd. Sec. 12, Ch. 387, L. 2017.
MT Code § 80-7-1019 (2021)
2021 Montana Code Annotated|Title 80. Agriculture|Chapter 7. Disease, Pest, and Weed Control|Part 10. Aquatic Invasive Species|80-7-1019. Enforcement

  80-7-1019. Enforcement. (1) Except as provided in subsection (2), a peace officer, as defined in 45-2-101, may:  (a) stop the driver of a vehicle transporting a vessel or equipment on receiving a complaint or observing that the driver failed to stop at a check station as required under this part;   (b) upon particularized suspicion that a vessel or equipment is infested with an invasive species, require the driver of a vehicle transporting a vessel or equipment to submit the vessel or equipment to an inspection. The peace officer may conduct mandatory inspections of any interior portion of a vessel or equipment that may contain water for compliance with this part and rules adopted under this part only if:   (i) the peace officer obtains a search warrant, as defined in 46-1-202; or   (ii) the vessel or equipment is physically located within the boundaries of an invasive species management area established under 80-7-1008 or the statewide invasive species management area established in 80-7-1015 and use of mandatory inspections has been included in quarantine measures established pursuant to 80-7-1008(3)(b)(i) or rules adopted under 80-7-1007.   (c) cite a person for a violation of this part.   (2) (a) A peace officer may not require a driver who may be in violation of the requirements of 80-7-1010(2) and 80-7-1015(7) to stop except on reasonable cause to believe:   (i) that the driver violated a traffic regulation or another provision of this part; or   (ii) that the driver's vehicle is unsafe or not equipped as required by law.   (b) A driver found to be in violation of 80-7-1010(2) or 80-7-1015(7) may correct the violation in the presence of the officer and be deemed in compliance. A correction made pursuant to this subsection (2)(b) may not impact any state waters.   History: En. Sec. 3, Ch. 290, L. 2015; amd. Sec. 4, Ch. 192, L. 2021.
MT Code § 80-7-1020 (2021)
2021 Montana Code Annotated|Title 80. Agriculture|Chapter 7. Disease, Pest, and Weed Control|Part 10. Aquatic Invasive Species|80-7-1020. through 80-7-1024 reserved

  80-7-1020 through 80-7-1024 reserved.
MT Code § 80-7-1025 (2021)
2021 Montana Code Annotated|Title 80. Agriculture|Chapter 7. Disease, Pest, and Weed Control|Part 10. Aquatic Invasive Species|80-7-1025. Missouri River containment and quarantine program

  80-7-1025. Missouri River containment and quarantine program. (1) The department of fish, wildlife, and parks shall operate a containment and quarantine program for water bodies fouled by invasive mussels in the Missouri River system, including but not limited to:   (a) restrictions on moored vessels within the system;   (b) restrictions regarding the use of launch sites and the exit of vessels from fouled water bodies in the system. Launching in and exiting from fouled water bodies is restricted to vessels certified by the department of fish, wildlife, and parks for local use on those water bodies unless check stations and decontamination units are present.   (c) restrictions on fishing derbies in fouled water bodies.   (2) By December 31, 2018, the department of fish, wildlife, and parks shall develop a containment and quarantine plan for the Missouri River system, allowing for public input and comment, and submit the plan to the invasive species council established in 2-15-3309. The plan may permit the reopening of fouled water bodies in the system to all vessels if launch site inspectors are properly trained, if the necessary infrastructure and equipment are in place and have been fully tested in advance of deployment, and if invasive species are fully contained, after decontamination, to the source water body.   History: En. Sec. 5, Ch. 348, L. 2017.