Aquatic invasive species-2.

WORKING DRAFT

ORIGINAL HOUSE

BILL

NO.
0018

ENROLLED ACT NO. 62, HOUSE OF REPRESENTATIVES

SIXTIETH LEGISLATURE OF THE STATE OF
WYOMING
2010 BUDGET SESSION

AN ACT relating to game and fish
and the department of state parks and cultural resources
; providing for control of aquatic invasive species; providing for inspection of conveyances; providing for decontamination orders; providing for impoundment and quarantine; providing for rules;
providing for inspection fees;
providing civil and criminal penalties;
authorizing the filling of a vacant position;
providing
an
appropriation;
providing a continuous appropriation;
requiring reports;

and providing for an effective date.

Be It Enacted by the Legislature of the State of
Wyoming
:

Section 1.

W.S. 23
‑
4
‑
201 through 23
‑
4
‑
205 are created to read:

ARTICLE 2
AQUATIC INVASIVE SPECIES

23
‑
4
‑
201.

Definitions.

(a)

As used in this article:

(i)

"
Aquatic invasive species
"
means exotic or non-native aquatic organisms that have been determined by the commission to pose a significant threat to the aquatic resources, water supplies or water infrastructure of the state;

(ii)

"
Conveyance
"
means a motor vehicle,
boat, watercraft,
raft
,
vessel, trailer or any associated equipment or containers, including but not limited to live wells, ballast tanks
,
bilge areas
and water hauling equipment
that may contain or carry an aquatic invasive species;

(iii)

"
Decontaminate
"
means to wash, drain, dry or chemically, thermally or otherwise treat a conveyance in accordance with rules promulgated by the commission in order to remove or destroy an aquatic invasive species;

(iv)

"
Equipment
"
means an article, tool, implement or device capable of containing or transporting water
or aquatic invasive species
;

(v)

"
Inspect
"
means to examine a conveyance pursuant to procedures established by the commission in order to determine whether an aquatic invasive species is present, and includes examining, draining or treating water in the conveyance
;

(vi)

"Water sport toy" means a sailboard, float tube, kite board or any aid to swimming or fishing that is not designed primarily for navigation.

23
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4
‑
202.

Prohibition on aquatic invasive species; mandatory conveyance checks; reporting.

(a)

No person shall:

(i)

Launch any
conveyance
into the waters of this state without first
complying with aquatic invasive species prevention requirements established by commission rule
;

(ii)

Possess, import, export, ship, transport or cause to be possessed, imported, exported, shipped or transported an aquatic invasive species
in this state
, except as authorized by the commission;

(iii)

Introduce
an aquatic invasive species into
any
waters of the state; or

(iv)

Refuse to comply with the inspection requirements or any order issued under this article.

(b)

A person who knows that an
unreported
aquatic invasive species is present at a specific location
in this state
shall immediately report that knowledge and all pertinent information to the commission
or a peace officer
.

23
‑
4
‑
203.

Enforcement.

(a)

In order to prevent, control, contain, monitor and whenever possible eradicate aquatic invasive species from the waters of this state, the commission

and the department of state parks and cultural resources
shall promulgate rules and regulations to
administer
and enforce the provisions of this article and
to

establish, operate and maintain aquatic invasive species check stations in order to inspect conveyances.

(b)

Every conveyance shall
stop at authorized mandatory aquatic invasive species check stations in accordance with rules established by the commission

and the department of state parks and cultural resources.
Upon
probable cause
that an aquatic invasive species may be present, a peace officer may:

(i)

Require the owner of a conveyance to decontaminate the conveyance; or

(ii)

Decontaminate or impound and quarantine the conveyance as provided in this section.

(c)

The commission
, in consultation with the department of state parks and cultural resources,

may
restrict watercraft usage on waters of the state as provided in W.S. 41
‑
13
‑
211(b)
upon a finding that a specific body of water is threatened with the imminent introduction of an aquatic invasive species or an aquatic invasive species has been introduced to the specific body of water.

(d)

Any peace officer is authorized to stop and inspect for the presence of aquatic invasive species or for proof of required inspection any conveyance:

(i)

Immediately p
rior to a
boat,
vessel
or watercraft
being launched
i
nto waters of the state;

(ii)

Prior to departing from the waters of this state or a
boat,
vessel
or watercraft
staging area;

(iii)

That is visibly transporting any aquatic plant material; or

(iv)

Upon a reasonable suspicion that an aquatic invasive species may be present.

(e)

A peace officer
may
order the decontamination of a conveyance upon a
determination
that an aquatic invasive species
is
present after conducting an inspection as provided in this section.

(f)

A peace officer may impound and quarantine a conveyance if:

(i)

The peace officer finds that an aquatic invasive species
is
present after conducting an inspection authorized by this section;

(ii)

The person transporting the conveyance refuses to submit to an inspection authorized by this section; or

(iii)

The person transporting the conveyance refuses to comply with an order authorized by this section to decontaminate the conveyance.

(g)

An impoundment and quarantine of a conveyance may continue for the reasonable period necessary to inspect and decontaminate the conveyance and to ensure that the aquatic invasive species has been completely eradicated from the conveyance
or
is no longer living.

23
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4
‑
204.

Rulemaking authority; fees.

(a)

The commission
and the department of state parks and cultural resources
shall promulgate rules to administer and enforce the provisions of this article.

(b)

The
commission
and the department of state parks and cultural resources shall
establish
and collect

fees
in accordance with the following:

(i)

An annual fee shall be collected by the commission or the department of state parks and cultural resources for every watercraft before the watercraft enters the waters of the state. Payment of the fees shall be evidenced by a sticker placed on the bow of the watercraft and n
o person shall operate nor shall the owner permit the operation of any
watercraft on the waters of the state without payment of the fees provided in this section and display of the sticker on the bow of the watercraft. For purposes of this paragraph,
"
w
atercraft" means any contrivance used or designed primarily for navigation on water
but does not include personal flotation devices
or water sport toys
;

(i
i
)

Fees shall be established by
commission
rule or regulation promulgated in accordance with the Wyoming Administrative Procedure Act;

(i
i
i)

Fees shall be established in an amount to ensure that, to the extent practicable, the total revenue generated from the fees collected approximates, but does not exceed, the direct and indirect costs of administering the regulatory provisions required
under this article.

(c)

The department of state parks and cultural resources may collect fees and shall transfer those fees collected to the commission for deposit in the account created pursuant to W.S. 23
‑
1
‑
501(g).

23
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4
‑
205.

Penalties.

(a)

Any p
erson who violates the provisions of this article or any order under this article is guilty of a high misdemeanor punishable as provided in W.S. 23
‑
6
‑
202(a)(ii).

(b)

In addition to any other criminal penalty provided in this section any person who violates any provision of this article, may be assessed civil penalties in an amount not to exceed the costs incurred by the commission
and the department of state parks and cultural resources
in enforcing the provisions of this article
but shall not include costs associated with the eradication of an aquatic invasive species introduced into the waters of this state
.
The commission
or the department of state parks and cultural resources
may
bring a civil action in any court of competent jurisdiction
for civil penalties or injunctive relief.

Section 2.
W.S. 23
‑
1
‑
501 by creating a new subsection (g) is amended to read:

23
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1
‑
501.

Game and fish fund.

(g)

A
n account within the game and fish fund is created.
Revenues received pursuant to W.S.
23
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4
‑
204
shall be credited to
the
account and are continuously appropriated to the
commission
to be expended for the
prevention, surveillance, containment and direct and indirect costs associated with the administration of the aquatic invasive species program created under chapter 4, article 2 of this act.

Section 3.
There is appropriated one million five hundred thousand dollars ($1,500,000.00) from the general fund to the game and fish department. This appropriation shall be for the period beginning with the effective date of this act and ending June 30, 2012. This appropriation shall only be expended for the purposes of this act. Notwithstanding any other provision of law, this appropriation shall not be transferred or expended for any other purpose and any unexpended, unobligated funds remaining from this appropriation shall revert as provided by law on June 30, 2012. This appropriation shall not be included in the game and fish department's 2013-2014 standard biennial budget request. The department of state parks and cultural resources and the game and fish department shall, not later than November 1, 2010, jointly report to the joint appropriations committee and the joint travel, recreation, wildlife and cultural resources interim committee on the long term funding needed for the program created by this act.

Section 4
. The game and fish department is authorized to fill one (1) biologist supervisor full-time equivalent position which is vacant as of the effective date of this act to serve as the coordinator of the program created by this act. The authorization under this section to fill the vacant position shall not be considered to be the filling of a vacant position for purposes of section 314 of 2010 House Bill 0001. The general fund appropriation to the game and fish department in section 3 of this
act
shall be reduced dollar for dollar by any funds appropriated in 2010 House Bill 0001 to the department for the vacant position filled pursuant to this section.

Section 5.
The legislature recognizes that the program created by this act, in protecting the waters of this state from the deleterious effects of aquatic invasive species will be especially beneficial to the infrastructure owned by the
United States
bureau of reclamation in this state. Because of these benefits, the game and fish department is directed to make diligent efforts to obtain additional funding for the program created under this act from the
United State
s
bureau of reclamation and other federal sources.

Section 6.

(a)

The state parks and cultural resources department shall, not later than October 1, 2011, report to the joint travel, recreation, wildlife and cultural resources interim committee and the joint appropriations interim committee on the effective utilization of law enforcement resources and personnel.

(b)

The game and fish commission shall, not later than October 1, 2011, report to the joint travel, recreation, wildlife and cultural resources interim committee on the effectiveness of the aquatic invasive species program.

Section
7
.

This act is effective immediately upon completion of all acts necessary for a bill to become law as provided by Article 4, Section 8 of the Wyoming Constitution.

(END)

Speaker of the House

President of the Senate

Governor

TIME APPROVED: _________

DATE APPROVED: _________

I hereby certify that this act originated in the House.

Chief Clerk

1