Aquatic Nuisance Species Regulations

Chapter 30-03-06 Aquatic Nuisance Species

Effective October 1, 2010

Section 30-03-06-01 Equipment
Section 30-03-06-02 Aquatic Vegetation Definition
Section 30-03-06-03 Aquatic Vegetation Prohibited
Section 30-03-06-04 Aquatic Vegetation Transport
Section 30-03-06-05 Water Prohibited
Section 30-03-06-06 Inspections
Section 30-03-06-07 Penalty

30-03-06-01. Equipment. Upon leaving any water body or while in transit, all watercraft, watercraft motors, watercraft trailers, and recreational and commercial equipment used in fishing, hunting, and watercrafting or construction equipment shall be free of prohibited or regulated aquatic nuisance species, as defined in the state’s aquatic nuisance species list. All equipment is subject to inspection by a duly appointed agent of the director.

History: Effective April 1, 2008.
General Authority: NDCC 20.1-17-01
Law Implemented: NDCC 20.1-17-04

30-03-06-02. Aquatic vegetation definition. Aquatic vegetation includes all obligate submergent species of aquatic plants.

History: Effective April 1, 2008.
General Authority: NDCC 20.1-17-01
Law Implemented: NDCC 20.1-17-06

30-03-06-03. Aquatic vegetation prohibited. No aquatic vegetation, or parts thereof, shall be in or on watercraft, watercraft motors, watercraft trailers, and recreational, commercial, or construction equipment when out of water. Watercraft and recreational, commercial, or construction equipment on lifts suspended above the water from which they originated are excluded. Time out of the water needed to clean aquatic vegetation from the watercraft, watercraft motors, watercraft trailers, and recreational, commercial, or construction equipment at the immediate water access area (e.g., boat ramp) is allowed. All built-in structures to boats, including livewells and bait compartments and containers used to transport legal live bait, must be free of aquatic vegetation.

History: Effective April 1, 2008.
General Authority: NDCC 20.1-17-01
Law Implemented: NDCC 20.1-17-06

30-03-06-04. Aquatic vegetation transport. No person may transport any aquatic vegetation to or from any waters of the state without approval from the director. No person may transport any aquatic vegetation into the state.

History: Effective April 1, 2008.
General Authority: NDCC 20.1-17-01
Law Implemented: NDCC 20.1-17-06

30-03-06-05. Water prohibited. All water must be drained from all watercraft and recreational, commercial, and construction equipment bilges and confied spaces, to include livewells and baitwells, when out of water or upon entering the state. Water used for in-state transportation of legal live bait and legal live baitfish in bait buckets no larger than five gallons in volume is allowed. Fish transported and held in or on ice is allowed. Refer to the current fishing proclamation for legal live bait and legal live baitfish definitions. Potable and sewage water is excluded.

History: Effective April 1, 2008; amended effective October 1, 2010.
General Authority: NDCC 20.1-17-01
Law Implemented: NDCC 20.1-17-06

30-03-06-06. Inspections. Repealed effective October 1, 2010.

30-03-06-07. Penalty. Any person violating a provision of this chapter for which a penalty is not specifically provided is guilty of a noncriminal offense and shall pay a one hundred dollar fee.

History: Effective April 1, 2008; amended effective October 1, 2010.
General Authority: NDCC 20.1-02-05(22)
Law Implemented: NDCC 20.1-02-05(22)

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