The director shall designate a water of the state as an infested water if the director determines that the water contains a population of an aquatic nuisance species that may spread to other waters if use of the water and related activities is not regulated to prevent this spread. In determining which waters are infested with a nuisance species, the director shall consider:

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Terms Used In North Dakota Code 20.1-17-05

  • Director: means the director of the department. See North Dakota Code 20.1-01-02
  • population: means the number of inhabitants as determined by the last preceding state or federal census. See North Dakota Code 1-01-47
  • Species: includes any subspecies of wildlife and any other group of wildlife of the same species or smaller taxa in common spatial arrangement that interbreed when mature. See North Dakota Code 20.1-01-02
  • State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See North Dakota Code 1-01-49

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 reduce that species’ spread.