Montana Code Annotated 2017

TITLE 80. AGRICULTURE

CHAPTER 7. DISEASE, PEST, AND WEED CONTROL

Part 10. Aquatic Invasive Species

Enforcement

80-7-1019. Enforcement. A peace officer, as defined in 45-2-101, may:

(1) 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;

(2) 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:

(a) the peace officer obtains a search warrant, as defined in 46-1-202; or

(b) 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.

(3) cite a person for a violation of this part.

History: En. Sec. 3, Ch. 290, L. 2015.