Montana Code Annotated 2023



Part 10. Aquatic Invasive Species

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.