Title 80, Title 80

(1) In order to implement, administer, and accomplish the purposes of this part, the departments, collectively or individually, shall enter into a cooperative agreement with each other or may enter into an agreement with any person with the appropriate expertise and administrativ…

(1) The departments shall prepare a list of invasive species and identify those departments and other public agencies with jurisdiction over each species on the list. The jurisdiction of each department for the prevention and control of invasive species is according to the depart…

(1) Unless otherwise provided in Title 81, chapters 2 and 7, or this chapter, each of the departments may adopt rules for the prevention, early detection, and control of invasive species under the departments' jurisdiction, including rules for the: (a) implementation of the invas…

(1) Except as provided in 80-7-1015, when an invasive species is identified as infesting or threatening an area, the department with jurisdiction over that invasive species may designate and administer an invasive species management area for a specific area of land or for a body …

(1) The department designating an invasive species management area pursuant to 80-7-1008 shall work cooperatively with any affected land managers and landowners within the boundaries of the designated area to establish prevention, treatment, control, and eradication methods best …

(1) The owner, operator, or person in possession of any vessel or equipment authorized for use in an invasive species management area shall comply with any regulations imposed pursuant to 80-7-1008(3)(b) and provide proof of compliance upon request of a department or its designee…

(1) The departments shall establish a check station within or adjacent to an invasive species management area to prevent the introduction, importation, infestation, and spread of the invasive species for which the designation was issued. (2) At a check station established under s…

(1) Except as provided in subsection (2), a person may not import, purchase, sell, barter, distribute, propagate, transport, introduce, or possess an invasive species except: (a) when transporting a specimen to any of the departments or another destination as directed by any of t…

(1) The governor may declare an invasive species emergency if: (a) the introduction or spread of an invasive species has occurred or is imminent; (b) a new and potentially harmful invasive species is discovered in the state and is verified by the departments; or (c) the state is …

(1) Except as provided in subsection (2), the following penalties apply: (a) The offense of negligently violating the provisions of 80-7-1010 through 80-7-1012 and 80-7-1015 or rules adopted under 80-7-1010 through 80-7-1012 and 80-7-1015 pertaining to an invasive species managem…

(1) There is established a statewide invasive species management area for the purpose of preventing the introduction, importation, and infestation of invasive species through the mandatory inspection of vessels and equipment entering the state and, except as provided in 80-7-1030…

(1) There is an invasive species trust fund. The board of investments shall invest the money of the fund, and the investment income must be deposited in the fund. (2) The principal of the invasive species trust fund shall forever remain inviolate in an amount of $100 million unle…

(1) There is an invasive species grant account in the state special revenue fund established in 17-2-102. Subject to appropriation by the legislature, money deposited in the account must be used pursuant to 80-7-1018 and this section. (2) Deposits to the account may include but a…

(1) Money deposited in the invasive species grant account established in 80-7-1017 may be expended by the department of natural resources and conservation through grants to or contracts with communities or local, state, tribal, or other entities for invasive species management. (…

(1) Except as provided in subsection (2), a peace officer, as defined in 45-2-101, may: (a) stop the driver of a vehicle transporting a vessel or equipment on receiving a complaint or observing that the driver failed to stop at a check station as required under this part; (b) upo…

(1) The department of fish, wildlife, and parks shall operate a containment and quarantine program for water bodies fouled by invasive mussels in the Missouri River system, including but not limited to: (a) restrictions on moored vessels within the system; (b) restrictions regard…

(1) Except as provided in subsection (2) and in recognition that any interior portion of a vessel that may contain or retain water presents a significant risk of transporting and spreading invasive species, the legislature finds that as part of quarantine measures implemented in …

The department of natural resources and conservation is exempt from the provisions of Title 75, chapter 1, parts 1 and 2, when authorizing grants, loans, or bonds related to conservation, reclamation, and renewable resource activities pursuant to this part.

Unless the context requires otherwise, in this chapter, the following definitions apply: (1) "Firm" means an individual, company, partnership, association, or corporation. (2) "Landscape service" means a firm that buys, sells, or resells nursery stock. (3) "Nursery" means the bus…

(1) (a) Except as provided in subsection (1)(b), a firm, nursery, plant dealer, or landscape service engaging in the business of selling or distributing nursery stock in this state shall obtain a license from the department for each location. (b) A firm, nursery, plant dealer, or…

The department, in accordance with Title 2, chapter 4, may refuse to issue a license or it may revoke a license under this part when: (1) the firm has been adjudged bankrupt, insolvent, or guilty of fraud or deceit by a court of competent jurisdiction; or (2) a verified complaint…

The department: (1) may enter the premises of a licensed firm, nursery, plant dealer, or landscape service during regular business hours for the purpose of inspecting nursery stock or other materials for possible plant pests or for determining licensure compliance; and (2) shall,…

A firm, nursery, plant dealer, or landscape service with nursery stock or other materials that are infected or infested with plant pests shall notify the department. The firm, nursery, plant dealer, or landscape service shall comply with the instructions of the department for the…

If a firm, nursery, plant dealer, or landscape service that owns nursery stock or other materials infected or infested with any injurious plant pest fails to comply with the instructions of the department for the destruction or control of the injurious plant pest or the destructi…

(1) The department may establish and operate organized and systematic programs for the management and suppression of vertebrate pests. Vertebrate pests are defined as jackrabbits, prairie dogs, ground squirrels, pocket gophers, rats, mice, skunks, raccoons, bats, snakes, voles, a…

The department may make expenditures to: (1) purchase equipment, materials, supplies, and personal services that are necessary to execute the functions imposed on it by this part; (2) obtain data on vertebrate pesticide registration and research information on alternative vertebr…

The department may adopt rules necessary to implement this part.

The purpose of the invasive species council is to advise the governor on a science-based, comprehensive program to identify, prevent, eliminate, reduce, and mitigate invasive species in Montana and to coordinate with public and private partners to develop and implement statewide …

(1) The invasive species council shall: (a) provide policy level recommendations, direction, and planning assistance for combating infestations of invasive species throughout the state and preventing the introduction of other invasive species; (b) foster cooperation, communicatio…

(1) There is an account in the state special revenue fund. All fee revenue and reimbursements for costs authorized under 80-7-106, 80-7-110, 80-7-135, and this section must be deposited in this account. Revenue in the account must be used for the purposes and provisions of this p…

The director may cooperate with and enter into agreements with governmental agencies of this state, other states, and agencies of the federal government in order to carry out the purpose and provisions of this part.

(1) It is unlawful for a firm, nursery, plant dealer, or landscape service to: (a) fail to properly identify nursery stock offered for sale. Identification must include but is not limited to the scientific name, common name, and variety, except with regard to mixed annual plantin…

(1) A firm, nursery, plant dealer, or landscape service that violates or aids in the violation of a provision of this part or of the rules, orders, or quarantines of the department adopted under Title 2, chapter 4, and this part commits a civil offense and is subject to a civil p…

This part may be cited as the "Montana Quarantine and Pest Management Act".

The department may adopt rules concerning: (1) intrastate and interstate quarantines; (2) procedures to investigate and enforce quarantines to prevent the introduction or spread of plant pests, plants capable of spreading plant pests, plants defined as noxious weeds in 7-22-2101,…

(1) To fund the provisions of 80-7-402, the department may receive funds from any source as gifts, grants, contracts, cost-share funds, and other funds, including civil penalties and recovered expenses. (2) Except for funds received in the form of civil penalties, funds received …

(1) A person who violates the quarantines, procedures, or rules of the department adopted under 80-7-402 commits a civil offense and is subject to a civil penalty of not more than $5,000 for each violation. (2) Assessment of a civil penalty may be made in conjunction with another…

As used in this part, the following definitions apply: (1) "Alternative control program" means a system of controlling insect pest populations through biological or other means not involving toxic chemicals. (2) "Cropland" means land used for the production of food and forage, in…

The department may: (1) employ permanent and seasonal personnel to administer this part; (2) survey for and maintain surveillance of insect pests during appropriate seasons and enter upon any croplands in the course of conducting such surveillance; (3) provide insect pest managem…

The department may: (1) develop and publish a list of pesticides approved for control of insect pests; (2) develop and publish technical guidelines on techniques of controlling insect pests; (3) notify a county of its survey results and state whether the infestation is normal or …

(1) One-third of the costs of a cropland spraying program or alternative program conducted by the state shall be paid by the state. Prior to the implementation of any state or county control program, the department and the governing body of any county for which the program is pro…

Each owner of cropland benefited under a cropland spraying program is liable for the portion of the landowner's share of the program costs as the owner's cropland is a portion of all cropland within the boundaries of the program. The county treasurer shall compute each landowner'…

The department may enter into agreements with the United States department of agriculture for cooperative programs to control insect pest infestations on rangeland and to share the costs of such programs whenever funds have been appropriated and are available for that purpose.

The department may adopt rules necessary to carry out the intent of this part.

(1) The cooperative extension service shall conduct investigations pertaining to insects and other arthropods affecting plants and animals. When an injurious infestation of an insect or other arthropod occurs in any part of the state, the authorized employees of the cooperative e…

(1) As used in this section: (a) "native plant" means a plant indigenous to the state of Montana; and (b) "native plant community" means an assemblage of native plants occurring in a natural habitat. (2) The department may regulate or prohibit the importation or sale of grain, pl…