Montana Code 80-7-1007. 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:
Terms Used In Montana Code 80-7-1007
- Departments: means the department of agriculture, the department of fish, wildlife, and parks, the department of natural resources and conservation, and the department of transportation. See Montana Code 80-7-1003
- Equipment: means an implement or machinery that has been wholly or partially immersed in surface waters, including but not limited to boat lifts, trailers transporting vessels, floating docks, pilings, dredge pipes, and buoys. See Montana Code 80-7-1003
- 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
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- 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
(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.