Aquatic Nuisance Species Regulations

Chapter 30-03-06 Aquatic Nuisance Species

Effective April 1, 2008

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 watercraft and recreational, commercial, and construction equipment bilges and confined spaces when out of water and upon entering the state. Water used for transportation of fish in watercraft livewells and bait buckets within the state is excluded. Potable and sewage water is excluded.

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

30-03-06-06. Inspections
Operators and haulers of all watercraft and recreational, commercial, or construction equipment must inspect their equipment for aquatic nuisance species when removed from waters of the state or upon entering the state. If present, the aquatic nuisance species must be physically removed immediately.

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

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.
General Authority: NDCC 20.1-02-05(22)
Law Implemented: NDCC 20.1-02-05(22)

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