reglab/statecodes huggingface dataset:
2023 Montana Code Annotated › Title 80. Agriculture › Chapter 7. Disease, Pest, and Weed Control › Part 10. Aquatic Invasive Species › 80-7-1004. Invasive species account

80-7-1004. Invasive species account.
(1) There is an invasive species account in the state special revenue fund. The account is administered by the department of fish, wildlife, and parks.
(2) Money transferred from any lawful source, including but not limited to fees collected pursuant to 15-65-121, 15-72-601, and 23-2-541, and gifts, grants, donations, securities, or other assets, public or private, may be deposited in the account.
(3) Subject to subsection (4), money deposited in the account must be used for projects that prevent or control any nonnative, aquatic invasive species pursuant to this part.
(4) Any private contribution deposited in the account for a particular purpose, as stated by the donor, must be used exclusively for that purpose.
(5) At the end of each fiscal year, unreserved funds in the account, including any interest and earnings, must be transferred to the invasive species trust fund established in 80-7-1016.
(6) The department of fish, wildlife, and parks may recover not more than 5% in indirect costs from the invasive species account.
History: En. Sec. 4, Ch. 429, L. 2009; amd. Sec. 4, Ch. 354, L. 2013; amd. Secs. 6, 7, Ch. 387, L. 2017; amd. Secs. 5, 6, 7, Ch. 356, L. 2019.
2023 Montana Code Annotated › Title 80. Agriculture › Chapter 7. Disease, Pest, and Weed Control › Part 10. Aquatic Invasive Species › 80-7-1005. Cooperative agreement for invasive species detection and control

80-7-1005. Cooperative agreement for invasive species detection and control.
(1) In order to implement, administer, and accomplish the purposes of this part, the departments, collectively or individually, shall enter into a cooperative agreement with each other or may enter into an agreement with any person with the appropriate expertise and administrative capacity to perform the obligations of the agreement.
(2) Prior to entering an agreement with a person other than a department, the departments shall work in collaboration with each other to coordinate their respective responsibilities in order to further the purposes of this part.
(3) A cooperative agreement may include provisions for funding to implement the agreement.
History: En. Sec. 5, Ch. 429, L. 2009; amd. Sec. 3, Ch. 378, L. 2011.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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) By August 15 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; amd. Sec. 3, Ch. 119, L. 2023.
2023 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.
2023 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.
2023 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.
2023 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.
2023 Montana Code Annotated › Title 80. Agriculture › Chapter 7. Disease, Pest, and Weed Control › Part 10. Aquatic Invasive Species › 80-7-1026. Repealed

80-7-1026. Repealed.
Sec. 9, Ch. 428, L. 2023.
History: En. Sec. 6, Ch. 348, L. 2017; amd. Sec. 110, Ch. 261, L. 2021.
2023 Montana Code Annotated › Title 80. Agriculture › Chapter 7. Disease, Pest, and Weed Control › Part 10. Aquatic Invasive Species › 80-7-1027. Terminated

80-7-1027. Terminated.
Sec. 18, Ch. 348, L. 2017.
History: En. Sec. 7, Ch. 348, L. 2017.
2023 Montana Code Annotated › Title 80. Agriculture › Chapter 7. Disease, Pest, and Weed Control › Part 10. Aquatic Invasive Species › 80-7-1030. Mandatory decontamination for vessels with ballast or bladders -- legislative finding -- fees

80-7-1030. Mandatory decontamination for vessels with ballast or bladders -- legislative finding -- fees.
(1) Except as provided in subsection (2) and in recognition that any interior portion of a vessel that may contain or retain water presents a significant risk of transporting and spreading invasive species, the legislature finds that as part of quarantine measures implemented in the statewide invasive species management area established pursuant to 80-7-1015, a vessel with ballast or bladders must be decontaminated upon entering the state or crossing the continental divide into the Columbia River basin if the vessel is to be launched on waters of this state.
(2) Decontamination of a vessel with ballast or bladders is not required when the operator is able to provide proof that the vessel has not been launched in any water body for the preceding 45 days or meets other criteria determined by the department of fish, wildlife, and parks to render decontamination unnecessary. The department shall establish, in writing, the standards for proof.
(3) Decontamination shall be performed in accordance with rules adopted pursuant to 80-7-1007.
(4) The department of fish, wildlife, and parks may certify private entities, tribes, and conservation districts to conduct decontamination pursuant to this section. If it does so, the department shall establish certification procedures, including a decontamination training course and requirements for maintaining certification.
(5) A fee of $50 may be charged per vessel decontaminated by the department pursuant to this section. A private entity, tribe, or conservation district certified to decontaminate a vessel with ballast or bladders may charge a fee commensurate with the actual cost of the decontamination.
(6) A vessel with ballast or bladders that cannot be fully decontaminated must be locked to its trailer to prevent launch for a drying period determined by the department of fish, wildlife, and parks. The vessel may not be unlocked and allowed to launch until the drying time is complete. No one other than authorized department staff may remove the lock during the drying time. If a vessel requires a drying period, then the vessel must pass an inspection prior to launching in Montana waters in order to be considered decontaminated.
(7) A person in possession of a vessel with ballast or bladders shall carry proof of compliance with this section and provide it for inspection upon request of a department or its designee.
History: En. Sec. 1, Ch. 472, L. 2019; amd. Sec. 1, Ch. 125, L. 2021.
2023 Montana Code Annotated › Title 80. Agriculture › Chapter 7. Disease, Pest, and Weed Control › Part 10. Aquatic Invasive Species › 80-7-1031. Exemption from environmental review

80-7-1031. Exemption from environmental review.
The department of natural resources and conservation is exempt from the provisions of Title 75, chapter 1, parts 1 and 2, when authorizing grants, loans, or bonds related to conservation, reclamation, and renewable resource activities pursuant to this part.
History: En. Sec. 2, Ch. 116, L. 2023.
2023 Montana Code Annotated › Title 80. Agriculture › Chapter 7. Disease, Pest, and Weed Control › Part 11. Vertebrate Pest Management › 80-7-1101. Department to operate vertebrate pest management program

80-7-1101. Department to operate vertebrate pest management program.
(1) The department may establish and operate organized and systematic programs for the management and suppression of vertebrate pests. Vertebrate pests are defined as jackrabbits, prairie dogs, ground squirrels, pocket gophers, rats, mice, skunks, raccoons, bats, snakes, voles, and depredatory and nuisance birds. Depredatory and nuisance birds are defined as blackbirds, cowbirds, starlings, house sparrows, and feral pigeons, when they are injurious to agriculture, other industries, and the public. For this purpose, the department may enter into written agreements with appropriate federal agencies, other state agencies, counties, associations, corporations, or individuals covering the methods and procedures to be followed in the management and suppression of these vertebrate pests, the extent of supervision to be exercised by the department, and the use and expenditure of funds appropriated, when this cooperation is necessary to promote the management and suppression of vertebrate pests. Management is:
(a) the correct identification of a vertebrate pest;
(b) recognition of its biology and environmental needs;
(c) assessment of the pest's damage, injury, or nuisance to agriculture, industry, or the public prior to selecting and implementing any integrated or individual control methods to reduce, prevent, or suppress these damages, nuisances, or injuries; and
(d) evaluating the effects of these control methods.
(2) This section does not apply to nongame wildlife managed or protected subject to Title 87, chapter 5, part 1.
History: En. Sec. 1, Ch. 136, L. 1949; amd. Sec. 44, Ch. 310, L. 1974; amd. Sec. 1, Ch. 242, L. 1975; R.C.M. 1947, 3-2701; amd. Sec. 2, Ch. 65, L. 1983; MCA 1981, 81-1-401; redes. 80-7-1101 by Sec. 4, Ch. 65, L. 1983; amd. Sec. 1, Ch. 43, L. 2017.
2023 Montana Code Annotated › Title 80. Agriculture › Chapter 7. Disease, Pest, and Weed Control › Part 11. Vertebrate Pest Management › 80-7-1102. Expenditures authorized

80-7-1102. Expenditures authorized.
The department may make expenditures to:
(1) purchase equipment, materials, supplies, and personal services that are necessary to execute the functions imposed on it by this part;
(2) obtain data on vertebrate pesticide registration and research information on alternative vertebrate pest management techniques;
(3) conduct research or evaluation studies;
(4) enter contracts with individuals, universities, other states, state or federal agencies, or other entities it considers appropriate to conduct vertebrate pest management projects;
(5) maintain and support registration of current rodenticides such as compound 1080, strychnine, and zinc phosphide;
(6) seek registration of alternative rodenticides;
(7) develop and implement new vertebrate pest management methods and crop damage assessment techniques;
(8) support vertebrate pest management research and evaluation projects;
(9) educate the agricultural community regarding vertebrate pest management problems and needs;
(10) educate the general public regarding vertebrate pest concerns and the need for vertebrate pest management; and
(11) perform any other related activities.
History: En. Sec. 2, Ch. 136, L. 1949; amd. Sec. 45, Ch. 310, L. 1974; R.C.M. 1947, 3-2702; MCA 1981, 81-1-402; redes. 80-7-1102 by Sec. 4, Ch. 65, L. 1983; amd. Sec. 1, Ch. 144, L. 1987; amd. Sec. 1, Ch. 166, L. 2003.
2023 Montana Code Annotated › Title 80. Agriculture › Chapter 7. Disease, Pest, and Weed Control › Part 11. Vertebrate Pest Management › 80-7-1103. Repealed

80-7-1103. Repealed.
Sec. 2, Ch. 43, L. 2017.
History: En. Sec. 4, Ch. 136, L. 1949; amd. Sec. 105, Ch. 147, L. 1963; amd. Sec. 46, Ch. 310, L. 1974; R.C.M. 1947, 3-2704; amd. Sec. 3, Ch. 65, L. 1983; MCA 1981, 81-1-403; redes. 80-7-1103 by Sec. 4, Ch. 65, L. 1983.
2023 Montana Code Annotated › Title 80. Agriculture › Chapter 7. Disease, Pest, and Weed Control › Part 11. Vertebrate Pest Management › 80-7-1104. Repealed

80-7-1104. Repealed.
Sec. 2, Ch. 43, L. 2017.
History: En. Sec. 2, Ch. 144, L. 1987; amd. Sec. 2596, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 80. Agriculture › Chapter 7. Disease, Pest, and Weed Control › Part 11. Vertebrate Pest Management › 80-7-1105. Repealed

80-7-1105. Repealed.
Sec. 2, Ch. 43, L. 2017.
History: En. Sec. 3, Ch. 144, L. 1987; amd. Sec. 1, Ch. 280, L. 1993.
2023 Montana Code Annotated › Title 80. Agriculture › Chapter 7. Disease, Pest, and Weed Control › Part 11. Vertebrate Pest Management › 80-7-1106. Repealed

80-7-1106. Repealed.
Sec. 2, Ch. 280, L. 1993.
History: En. Sec. 4, Ch. 144, L. 1987.
2023 Montana Code Annotated › Title 80. Agriculture › Chapter 7. Disease, Pest, and Weed Control › Part 11. Vertebrate Pest Management › 80-7-1107. Repealed

80-7-1107. Repealed.
Sec. 2, Ch. 43, L. 2017.
History: En. Sec. 5, Ch. 144, L. 1987.
2023 Montana Code Annotated › Title 80. Agriculture › Chapter 7. Disease, Pest, and Weed Control › Part 12. Invasive Species Council › 80-7-1201. Invasive species council -- purpose

80-7-1201. Invasive species council -- purpose.
The purpose of the invasive species council is to advise the governor on a science-based, comprehensive program to identify, prevent, eliminate, reduce, and mitigate invasive species in Montana and to coordinate with public and private partners to develop and implement statewide invasive species strategic plans.
History: En. Sec. 4(1), Ch. 348, L. 2017.
2023 Montana Code Annotated › Title 80. Agriculture › Chapter 7. Disease, Pest, and Weed Control › Part 12. Invasive Species Council › 80-7-1203. Duties -- reporting -- definition

80-7-1203. Duties -- reporting -- definition.
(1) The invasive species council shall:
(a) provide policy level recommendations, direction, and planning assistance for combating infestations of invasive species throughout the state and preventing the introduction of other invasive species;
(b) foster cooperation, communication, and coordinated approaches that support federal, state, provincial, regional, tribal, and local initiatives for the prevention, early detection, and control of invasive species;
(c) identify, coordinate, and maintain an independent science advisory panel that informs Montana's efforts based on the current status, trends, and emerging technology as they relate to invasive species management in Montana;
(d) in coordination with stakeholders, identify and implement priorities for coordination, prevention, early detection, rapid response, and control of invasive species in Montana;
(e) champion priority invasive species issues identified by stakeholders to best protect the state;
(f) advise and coordinate with agency personnel, local efforts, and the scientific community to implement program priorities;
(g) implement an invasive species education and outreach strategy;
(h) create a poster that provides information related to preventing the spread of invasive species and provide copies of the poster to the department of transportation for display at rest areas;
(i) work with regional groups to coordinate regional defense and response strategies; and
(j) work toward establishing and maintaining permanent funding for invasive species priorities.
(2) The council may receive and, subject to appropriation by the legislature, expend donations, gifts, grants, and other money necessary to fulfill its duties.
(3) The council shall report on its activities to the governor, the director of the department of natural resources and conservation, and the environmental quality council in accordance with 5-11-210 annually.
(4) For the purposes of this part, "invasive species" means plants, animals, and pathogens that are nonnative to Montana's ecosystem and cause harm to natural and cultural resources, the economy, and human health.
History: En. Sec. 4(2)-(5), Ch. 348, L. 2017; amd. Sec. 111, Ch. 261, L. 2021; amd. Sec. 2, Ch. 456, L. 2023.
2023 Montana Code Annotated › Title 80. Agriculture › Chapter 8. Pesticides › Part 1. General Administration › 80-8-101. Short title

80-8-101. Short title.
This chapter may be cited as the "Montana Pesticides Act".
History: En. Sec. 1, Ch. 403, L. 1971; R.C.M. 1947, 27-213.
2023 Montana Code Annotated › Title 80. Agriculture › Chapter 8. Pesticides › Part 1. General Administration › 80-8-103. Purpose

80-8-103. Purpose.
The control of pesticides and their use is essential for the protection of humans and the environment. Pesticides are currently considered valuable and necessary to provide sufficient quantity of quality foods and for the protection of humans from vector-borne diseases. However, the protection of humans and their essential needs--water, air, food, animals, vegetation, pollinating insects, and shelter from pesticides that are potentially dangerous--is in the public interest now and in the future. Therefore, it is necessary to provide for the control of pesticides.
History: En. Sec. 2, Ch. 403, L. 1971; R.C.M. 1947, 27-214; amd. Sec. 2598, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 80. Agriculture › Chapter 8. Pesticides › Part 1. General Administration › 80-8-106. Administrative procedures

80-8-106. Administrative procedures.
The administration of this chapter and all rulemaking and hearing functions under this chapter shall be conducted in accordance with the Administrative Procedure Act.
History: En. Sec. 23, Ch. 403, L. 1971; amd. Sec. 124, Ch. 218, L. 1974; amd. Sec. 13, Ch. 462, L. 1977; R.C.M. 1947, 27-235.
2023 Montana Code Annotated › Title 80. Agriculture › Chapter 8. Pesticides › Part 1. General Administration › 80-8-107. Notice -- public information

80-8-107. Notice -- public information.
(1) As used in this section, the following definitions apply:
(a) "Building operator" means the owner, the owner's agent, or the building manager of any public building or, in the case of a public building that is leased to a tenant who is responsible for the operation of the building, the tenant or the tenant's building manager.
(b) "Public building" means a building that is owned or leased by a public agency, as defined in 18-1-101, and that is open to the public, including but not limited to:
(i) a building that is used for educational, office, or institutional purposes; or
(ii) a library, museum, school, hospital, auditorium, dormitory, or university building.
(2) The building operator who for indoor treatment personally applies or who contracts for or orders the application of a pesticide, excluding an antimicrobial, a disinfectant, a sanitizer, a pest bait, paste, or gel, or other pesticide that is designated by the department pursuant to 80-8-212 for retail sale, shall post a notice at each access to the public building or, if only a room has been treated, at each access to the room in a manner that allows the notice to be read before entering the building or room. However, if a room from which a heating or air-conditioning system draws air has been treated, the notice required by this section must be posted at each access to the public building. The notice must:
(a) be permanently displayed if the pesticide is applied on a regular basis;
(b) be posted at the time of the application if the pesticide is not applied on a regular basis;
(c) contain the name of the pesticide applied; and
(d) contain the phone number at which a person may obtain information, the label, and the material safety data sheet on the pesticide applied.
(3) The applicator or building operator may not remove a notice posted pursuant to this section until the pesticide is dry or the reentry interval stated on the pesticide label has expired, whichever is later.
(4) A building operator shall keep, for 2 years, records of the pesticide applications and the material safety data sheet for each pesticide.
(5) A local government may not adopt standards that are more stringent than the standards established in subsections (2) through (4).
(6) (a) Except as provided in Title 80, chapter 15, the department may, alone or in cooperation with other state or federal agencies, publish information regarding aspects of the use and application sections or registration sections of this chapter. This information may not disclose operations of selling, production, or use of pesticides by any person.
(b) When designating a pesticide as a state restricted-use pesticide, the department shall list the state restricted-use pesticide by rule.
History: En. Sec. 27, Ch. 403, L. 1971; R.C.M. 1947, 27-239; amd. Sec. 28, Ch. 668, L. 1989; amd. Sec. 1, Ch. 454, L. 1997; amd. Sec. 2, Ch. 244, L. 2017.
2023 Montana Code Annotated › Title 80. Agriculture › Chapter 8. Pesticides › Part 1. General Administration › 80-8-108. Advisory council

80-8-108. Advisory council.
(1) (a) The director of agriculture may appoint an advisory council to study and make recommendations on special pesticide problems in the state. The council consists of individuals representing, equally, the controlled industry, agriculture, health, and wildlife.
(b) Governmental personnel, university personnel not included, may not be represented on the council. Governmental personnel shall meet with the council in an advisory capacity when requested by the council.
(c) The council may not exceed 12 members.
(d) The director of agriculture shall establish the time period in which the council shall exist. The time period may not exceed 2 years.
(2) The department of agriculture shall provide the necessary administrative, secretarial, and other essential support to the council.
(3) Each member of the council is entitled to compensation as provided in 2-15-122 for each day spent in the performance of duties and must be reimbursed for travel expenses as provided in 2-18-501 through 2-18-503.
(4) The council may request that the department hold a public hearing to assist it in gathering factual data and information on the special problems assigned it.
History: En. Sec. 28, Ch. 403, L. 1971; amd. Sec. 126, Ch. 218, L. 1974; amd. Sec. 14, Ch. 439, L. 1975; amd. Sec. 14, Ch. 462, L. 1977; R.C.M. 1947, 27-240; amd. Sec. 2599, Ch. 56, L. 2009; amd. Sec. 2, Ch. 30, L. 2015.
2023 Montana Code Annotated › Title 80. Agriculture › Chapter 8. Pesticides › Part 1. General Administration › 80-8-109. Educational programs

80-8-109. Educational programs.
(1) The department shall develop and conduct appropriate educational programs. The educational programs shall inform those individuals dealing in and applying pesticides as to correct methods of formulating, applying, storing, disposing of, handling, and transporting pesticides.
(2) In developing and administering such programs, the department may consult other state and federal agencies and private industry, as well as such other persons it considers necessary, and may charge a fee for the programs commensurate with their administration costs. The fee may not include the salary or travel expenses of any employee of a state agency or of the Montana cooperative extension service.
(3) All fees collected pursuant to this section must be deposited in the state treasury to the credit of the state special revenue fund and must be spent for the purposes set forth in this section.
History: En. Sec. 29, Ch. 403, L. 1971; R.C.M. 1947, 27-241; amd. Sec. 48, Ch. 281, L. 1983; amd. Sec. 2, Ch. 633, L. 1983; amd. Sec. 1, Ch. 219, L. 1985; amd. Sec. 1, Ch. 181, L. 1989.
2023 Montana Code Annotated › Title 80. Agriculture › Chapter 8. Pesticides › Part 1. General Administration › 80-8-110. Cooperation with other agencies

80-8-110. Cooperation with other agencies.
(1) The department may cooperate with agencies of this state or its subdivisions or with any agency of any other state or the federal government for the purpose of carrying out the provisions of this chapter, securing uniformity of rules, and entering into reciprocal licensing and certification agreements with other states.
(2) The department and the department of environmental quality shall enter into a memorandum of agreement concerning the inspection, regulation, and responsibilities of persons or activities that may be involved in the management, disposal, storage, transportation, treatment, recycling, or recovery of hazardous wastes and the disposal of solid wastes.
(3) For the purpose of this section, "solid waste" means all putrescible and nonputrescible wastes including but not limited to garbage; rubbish; refuse; hazardous wastes; ashes; sludge from sewage treatment plants, water supply treatment plants, or air pollution control facilities; construction and demolition wastes; dead animals, including offal; discarded home and industrial appliances; and wood products or wood byproducts and inert materials. Solid waste does not mean municipal sewage, industrial wastewater effluents, mining wastes regulated under the mining and reclamation laws administered by the department of environmental quality, slash and forest debris regulated under laws administered by the department of natural resources and conservation, or marketable wood byproducts.
(4) For the purpose of this section, "hazardous waste" means any waste or combination of wastes of a solid, liquid, contained gaseous, or semisolid form that may cause or contribute to an increase in mortality or an increase in serious illness, taking into account the toxicity of the waste, its persistence and degradability in nature, its potential for assimilation or concentration in tissue, and other factors that may otherwise cause or contribute to adverse acute or chronic effects on the health of persons or other living organisms. Hazardous wastes include but are not limited to wastes that are toxic, radioactive, corrosive, flammable, irritants, or strong sensitizers or that generate pressure through decomposition, heat, or other means, excluding wood chips and wood used for manufacturing or fuel purposes.
History: En. Sec. 30, Ch. 403, L. 1971; amd. Sec. 15, Ch. 462, L. 1977; R.C.M. 1947, 27-242; amd. Sec. 7, Ch. 529, L. 1981; amd. Sec. 328, Ch. 418, L. 1995.
2023 Montana Code Annotated › Title 80. Agriculture › Chapter 8. Pesticides › Part 1. General Administration › 80-8-111. Waste pesticide and pesticide container collection, disposal, and recycling program

80-8-111. Waste pesticide and pesticide container collection, disposal, and recycling program.
(1) The department shall establish a waste pesticide and pesticide container collection, disposal, and recycling program. The program must be funded by license, permit, and special fees designated for that purpose in this chapter. The department may also establish waste pesticide and pesticide container fees and accept grants, gifts, and other funds to finance this program.
(2) The department may cooperate and contract with a person to conduct and manage the waste pesticide and pesticide container collection, disposal, and recycling program.
(3) (a) The department shall establish a collection program for waste pesticides and pesticide containers. In order to participate in this program, a person shall:
(i) notify the department in advance of the type and amount of waste pesticide or pesticide containers that will be delivered for collection; and
(ii) deliver the waste pesticide or pesticide containers for collection by the department at a time and location designated by the department.
(b) A person may not be subject to an administrative or judicial penalty or action under this chapter as a result of participation in the waste pesticide or pesticide container collection, disposal, and recycling program pursuant to this section.
(4) The department may designate types of waste pesticides or pesticide containers that it will not collect for disposal and recycling under this program.
(5) The department shall consult affected local governments before implementing the collection program under this section.
History: En. Sec. 2, Ch. 51, L. 1991; amd. Sec. 2, Ch. 465, L. 1993; amd. Sec. 290, Ch. 42, L. 1997; amd. Sec. 3, Ch. 244, L. 2017.