Montana Code 80-7-1006. Departmental responsibilities — reporting
80-7-1006. Departmental responsibilities — reporting. (1) The departments shall prepare a list of invasive species and identify those departments and other public agencies with jurisdiction over each species on the list. The jurisdiction of each department for the prevention and control of invasive species is according to the department’s powers and duties as established by law.
Terms Used In Montana Code 80-7-1006
- 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.
- Oversight: Committee review of the activities of a Federal agency or program.
- Vessel: has the meaning provided in 61-1-101. See Montana Code 80-7-1003
(2)For those invasive species under the jurisdiction of more than one department, the departments with jurisdiction, through cooperative agreement, shall seek to clarify and coordinate their respective responsibilities.
(3)Working in collaboration with each other, the departments, individually or collectively, shall develop and adopt an invasive species strategic plan or plans to accomplish the purposes of this part. The plan or plans shall identify and prioritize threats and determine appropriate actions, in the following order of priority, related to:
(a)public awareness and education;
(b)prevention and detection of invasive species, including the use of invasive species management areas authorized under 80-7-1008 and the statewide invasive species management area established in 80-7-1015;
(c)management, control, and restoration of infested areas; and
(d)emergency response.
(4)The departments shall enforce quarantine regulations and measures imposed by law or rule in an invasive species management area established under 80-7-1008 and in the statewide invasive species management area established in 80-7-1015, including the mandatory inspection or decontamination of any interior portion of a vessel or equipment that may contain water for the presence of an invasive species.
(5)The departments may designate employees to carry out the provisions of this part.
(6)The department of fish, wildlife, and parks shall authorize a request by another entity to operate a check station pursuant to this part if the entity agrees to the conditions of an agreement established by all parties, any cooperative funding requirements, and rules adopted under this part. The department of fish, wildlife, and parks retains oversight authority over the operation of a check station pursuant to this subsection.
(7)The departments shall implement education and outreach programs that increase public knowledge and understanding of prevention, early detection, and control of invasive species.
(8)(a) The departments of fish, wildlife, and parks and natural resources and conservation shall report to the environmental quality council at least biennially in accordance with 5-11-210 regarding activities undertaken and expenses incurred in the implementation of this part.
(b)The department of fish, wildlife, and parks shall report to the legislative finance committee at least biennially on expenditures made in the implementation of this part. Expenditures, if not provided in accordance with subsection (8)(a), must be provided to the legislature in accordance with 5-11-210.