CHAPTER 20.1-17
AQUATIC NUISANCE SPECIES
20.1-17-01. Prevention and control of aquatic nuisance species. The director, to
prevent and control aquatic nuisance species, shall:
1.
Prepare a statewide management plan for aquatic nuisance species to be approved<br>by the governor.
2.
Organize an aquatic nuisance species committee, as provided for in the statewide<br>management plan, composed of the director
or
the
director's
designee;
representatives of the agriculture commissioner, state water commission, parks and<br>recreation department, state department of health, and tourism division; up to five<br>private entities or individuals; and a representative of tribal entities. The director or<br>the director's designee is the chairman of the aquatic nuisance species committee.
3.
Develop and adopt the state's list of aquatic nuisance species after consulting with<br>the aquatic nuisance species committee. The list must be updated annually.
4.
Provide for a permitting system to import listed aquatic nuisance species into or<br>move those species within the state.
5.
Develop rules to prevent the movement of aquatic nuisance species into or within<br>the state. In addition to requirements under chapter 28-32, the department shall<br>conduct a cost-benefit analysis for any rule proposed for adoption under this chapter.
6.
Conduct aquatic nuisance species education and prevention efforts.
7.
Provide for the partnership of the federal government, state agencies, and private or<br>public organizations to fund aquatic nuisance species prevention efforts.
20.1-17-02.
Compensation and expenses of appointive members of the aquatic
nuisance committee. Each appointive member of the committee is entitled to receive sixty-two<br>dollars and fifty cents compensation per day and to reimbursement for expenses in the amounts<br>provided in sections 44-08-04 and 54-06-09 while attending meetings of the committee or, at the<br>discretion of the member, may receive either per diem compensation or expenses in those<br>amounts while otherwise engaged in official business of the department, including time of travel<br>between home and the place at which the member performs such duties.
20.1-17-03. Management plan. The statewide management plan must address:
1.
Coordinated detection efforts and prevention of illegal introductions;
2.
Coordinated dissemination of information concerning aquatic nuisance species<br>among resource management agencies and organizations and impacted entities;
3.
A coordinated education and awareness campaign;
4.
Coordinated control of selected invasive species of aquatic plants and wild animals<br>on lands and public waters;
5.
A reasonable and workable inspection requirement for watercraft and equipment<br>working on waters of the state, including those participating in organized events on<br>the waters of the state;
6.
Closure of points of access to infested waters, if the director determines closure is<br>necessary;
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7.
Maintenance of public access to infested waters which are reasonably free of<br>aquatic nuisance species; and
8.
Notice to travelers of the penalties for violation of laws relating to aquatic nuisance<br>species.
20.1-17-04. Inspection of watercraft. The director shall train and authorize personnel
to inspect watercraft and associated equipment, including weed harvesters, for aquatic nuisance<br>species before the watercraft and equipment enter or leave waters of the state during the open<br>water season.
20.1-17-05.
Infested waters - Restricted activities.
The director shall designate a
water of the state as an infested water if the director determines that the water contains a<br>population of an aquatic nuisance species that may spread to other waters if use of the water and<br>related activities is not regulated to prevent this spread. In determining which waters are infested<br>with a nuisance species, the director shall consider:
1.
The extent of a species distribution within the state;
2.
The likely means of spread for a species; and
3.
Whether rules specific to infested waters containing a specific species will effectively<br>reduce that species' spread.
20.1-17-06. Prohibited activities. A person may not possess, import, purchase, sell,
propagate, transport, or introduce a prohibited aquatic nuisance species except:
1.
Under a permit issued by the director;
2.
When being transported to the department, or another destination as the director<br>may direct, in a sealed container for purposes of identifying the species or reporting<br>the presence of the species;
3.
When being transported for disposal as part of a harvest or control activity under a<br>permit issued by the director or when being transported as specified by the director;
4.
When the specimen has been lawfully acquired dead and, in the case of plant<br>species, all seeds are removed or are otherwise secured in a sealed container;
5.
When being removed from watercraft or equipment, or caught while angling, and<br>immediately returned to the water from which it came; or
6.
As the director otherwise may prescribe by rule.
20.1-17-07. Standard. The director may issue a permit under this chapter only if the
director determines that the permitted activity does not pose an unreasonable risk of harm to<br>natural resources or their use in the state. The director may deny, issue with conditions, modify,<br>or revoke a permit issued under this chapter as necessary to ensure that the proposed activity<br>will not pose an unreasonable risk of harm to natural resources or their use in the state.
20.1-17-08. Seizure. The director may seize or dispose of any specimens of prohibited
aquatic nuisance species unlawfully possessed, imported, purchased, sold, propagated,<br>transported, or introduced in this state.
20.1-17-09.
Penalty.
A person who violates this chapter is guilty of a class B
misdemeanor.
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Document Outline
chapter 20.1-17 aquatic nuisance species
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