2023 Montana Code Annotated › Title 80. Agriculture › Chapter 7. Disease, Pest, and Weed Control › Part 10. Aquatic Invasive Species › 80-7-1015. Statewide invasive species management area

80-7-1015. Statewide invasive species management area.
(1) There is established a statewide invasive species management area for the purpose of preventing the introduction, importation, and infestation of invasive species through the mandatory inspection of vessels and equipment entering the state and, except as provided in 80-7-1030, the mandatory decontamination of any vessel or equipment on or in which an invasive species is detected.
(2) To the greatest extent possible, the department of transportation shall cooperate with the department of fish, wildlife, and parks to utilize ports of entry or adjacent department of transportation facilities as locations for check stations established pursuant to this section.
(3) As far as practical, signs indicating that the statewide invasive species management area is in place must be posted in an effective manner along the boundaries of and within the state. 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.
(4) At a check station established pursuant to this section, the departments may examine vessels and equipment for the presence of an invasive species and compliance with this section and rules adopted pursuant to 80-7-1007. Except as provided in 80-7-1030, 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 rules adopted under 80-7-1007.
(5) The owner, operator, or person in possession of a vessel or equipment shall:
(a) comply with this section and rules imposed under 80-7-1007; and
(b) stop at any check station established pursuant to this section unless a medical emergency makes stopping likely to result in death or serious bodily injury.
(6) Except as provided in 80-7-1030, 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 rules adopted pursuant to 80-7-1007. Every effort must be made to ensure decontamination of the vessel or equipment as expeditiously as possible.
(7) After use in a body of water within the statewide 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 on a public highway, as defined in 61-1-101, except when 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. 1, Ch. 354, L. 2013; amd. Sec. 2, Ch. 290, L. 2015; amd. Sec. 13, Ch. 348, L. 2017; amd. Sec. 3, Ch. 472, L. 2019; amd. Sec. 3, Ch. 192, L. 2021.