Montana Code 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.
Terms Used In Montana Code 80-7-1030
- Invasive species: means , upon the mutual agreement of the directors of the departments, a nonnative, aquatic species that has caused, is causing, or is likely to cause harm to the economy, environment, recreational opportunities, or human health. See Montana Code 80-7-1003
- Invasive species management area: means a designation made by a department under 80-7-1008 for a specific area or for a body or bodies of water for a specific or indeterminate amount of time that regulates invasive species or potential carriers of invasive species within the boundaries of that area. See Montana Code 80-7-1003
- Person: means an individual, partnership, corporation, association, limited partnership, limited liability company, governmental subdivision, agency, or public or private organization of any character. See Montana Code 80-7-1003
- State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See Montana Code 1-1-201
- Vessel: has the meaning provided in 61-1-101. See Montana Code 80-7-1003
- Writing: includes printing. See Montana Code 1-1-203
(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.