Montana Code Annotated 2021



Part 10. Aquatic Invasive Species


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.