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20.1-17 Aquatic Nuisance Species

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CHAPTER 20.1-17AQUATIC NUISANCE SPECIES20.1-17-01. Prevention and control of aquatic nuisance species. The director, toprevent 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 directororthedirector'sdesignee;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 aquaticnuisance 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;Page No. 17.Maintenance of public access to infested waters which are reasonably free of<br>aquatic nuisance species; and8.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 personnelto 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 awater 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; and3.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; or6.As the director otherwise may prescribe by rule.20.1-17-07. Standard. The director may issue a permit under this chapter only if thedirector 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 prohibitedaquatic 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 Bmisdemeanor.Page No. 2Document Outlinechapter 20.1-17 aquatic nuisance species