Regulations

 

 

Reference Documents

Model Regulation for State Watercraft Inspection and Decontamination Programs (Otts, S., and P. Nanjappa, eds. 2016)

From Theory to Practice: A Comparison of State Watercraft Inspection and Decontamination Programs to Model Legislative Provisions (Showalter -Otts and Janasie 2014)

Preventing the Spread of Aquatic Invasive Species by Recreational Boats: Model Legislative Provisions & Guidance to Promote Reciprocity among State Watercraft Inspection and Decontamination Programs (Otts, S. and P. Nanjappa, eds. 2014)

Invasive Species: Major Laws and the Role of Selected Federal Agencies (CRC 2013)

The Federal Regulatory Framework for Controlling the Movement of Invasive Species and Updates on National Coordination Efforts (May 16, 2013)

Legal and Regulatory Efforts to Minimize Expansion of Invasive Mussels through Watercraft Movements (2012 Phoenix Workshop)

Invasive Species State Policy Report (California, Colorado, Florida, Louisiana, Maine, Maryland, New Jersey, New Mexico, Oregon, Rhode Island, and Tennes­see) (ELI, May 2010)

Injurious Wildlife and the Federal Lacey Act

National Invasive Species Act of 1996

Nonindigenous Aquatic Nuisance Prevention and Control Act of 1990 (NANPCA)

 

 

Western State AIS Regulations

 

Searchable .pdf of all western state AIS regulations

 

Alaska

Alaska Stat. § 16.05.251

Alaska Admin Code Title 5, Part 1, Ch. 1, Art. 1 (statewide provisions); Alaska Admin. Code tit. 5, § 01.010. Methods, means, and general provisions

 

Arizona

Arizona’s Aquatic Invasive Species (AIS) Interdiction Act (HB2157), approved and signed into law in July of 2009, created a mechanism for the State of Arizona to statutorily address invasive species in the aquatic environment, administered through the Arizona Game and Fish Department. The AIS Interdiction Act also provided for the establishment of the Department’s AIS Program, along with the creation of AIS “Director’s Orders” and associated watercraft cleaning/decontamination protocols.

 

Ariz. Rev. Stat. §§17-255 to 17-255.04

Ariz. Admin. Code R12-41101 and 12-4-1102

Director’s Order 1, 2 and 3 (1: List of Aquatic Invasive Species for Arizona; 2: List of Waters where Listed Species are Present; 3; Mandatory Conditions for Movement of Watercraft)

Arizona Game and Fish Department Operating Manual

Protocols

 

California

The Aquatic Invasive Species chapter of the California Fish and Game Code contains general provisions concerning specific invasive species, including dreissenid mussels. The statute directs owners and managers of reservoirs used by the public to develop and implement dreissenid prevention programs. The state has also established a Quagga and Zebra Mussel Infestation Prevention Fee in the state’s Harbors and Navigation Code.

CA Fish & Game Code, Divisions 3, Ch. 3.5 (Aquatic Invasive Species) § 2300. Salt water algae of Caulerpa species; restrictions and exceptions; violations

Cal. Code Regs. Tit. 14, Division 1, Subdivision 3, Chapter 3. (Miscellaneous) § 671. Importation, transportation, and possession of live restricted animals

 

Colorado

Colorado’s Aquatic Nuisance Species law, enacted in 2008, provides Colorado Parks and Wildlife with broad authority to take action to prevent, control, monitor, and eradicate aquatic nuisance species. The law specifically authorizes CPW to operate ANS check stations to inspect and decontaminate watercraft. CPW regulations contain a list of prohibited species and protocols for water body sampling and monitoring and watercraft inspection, decontamination, and impoundment.

Colo. Rev. Stat. Title 33, Article 10.5 (Aquatic Nuisance Species) 

2 Colo. Code Regs Chapter 405-8 Chapter P-8 Aquatic Nuisance Species

 

Hawaii

Haw. Admin. Code Tit. 13, Chapter 76 (Non-indigenous Aquatic Species)

Haw. Rev. Stat. Tit. 12, Ch. 194 (Invasive Species Council)

 

Idaho

The Idaho Invasive Species Act of 2008 provides for the establishment of the Idaho State Department of Agriculture’s invasive species program, which includes authority to establish, operate, and maintain check stations to inspect conveyances. ISDA regulations identify listed prohibited species and procedures for watercraft inspection and decontamination.

Idaho Code Ann. Title 22, Chapter 19

Idaho Admin. Code Title 6, Chapter 9

Idaho Invasive Species Sticker Regulations

 

Kansas

Kansas Admin. Reg Agency 115, Art. 7 (Fish and Frogs)

Kansas Stat. Ch. 32, Art. 8 (Department of Wildlife, Parks, and Tourism)

Kansas Waters with Aquatic Nuisance Species

 

Montana

The Montana Invasive Species Act, enacted in 2009, established the state’s invasive species program and authorized the use of invasive species check stations to prevent the movement of invasive species from infested to uninfested areas. Montana Fish, Wildlife, and Parks has primary authority to implement the program and the agency’s regulations identify listed prohibited species and set forth the restrictions for contaminated bodies of water.

Mont. Code Ann. Tit. 80, Ch. 7, Part 10 (Aquatic Invasive Species)

Mont. Admin. R., Tit. 12, Ch. 5, Sub. 7 (Aquatic Invasive Species Management Area Restrictions), R. 12.5.701 (Identified Contaminated Bodies of Water)

Montana Exotic Species Amendments

Montana proposed rule (Requires plug removal and authority to impound, etc.).

 

Nebraska

Nebraska’s primary legislation governing aquatic invasive species was enacted in 2012. The law creates the Nebraska Invasive Species Council, prohibits the import, possession, transport, and release of aquatic invasive species, and authorizes the Game and Fish Commission to adopt and promulgate rules and regulations governing the inspection, decontamination, and treatment of conveyances capable of containing or transporting aquatic invasive species. Commission regulations identify prohibited species and set forth procedures for watercraft inspection, decontamination, impoundment, and quarantine.

Neb. Rev. Stat. Ch. 37, Art. 2 (Game Law General Provisions)

Neb. Admin. R. & Regs. Tit. 163, Ch. 2 (Fisheries Regulations) 012 Aquatic Invasive Species Regulations

Nebraska Stamp Proposed Rule

 

Nevada

Nevada’s invasive species laws and regulations restrict the import, transport, and possession of listed prohibited species and declare it unlawful to launch a watercraft without first complying with the Department of Wildlife’s inspection and decontamination requirements. The Department of Wildlife is authorized to establish and operate mandatory aquatic invasive species inspection stations.

Nev. Rev. Stat. §§ 488.035, 488.530, and 488.533

Nev. Admin. Code §§ 488.520 – 527 and 503.110

Nevada AB35

Nevada AB82

Nevada AB136

 

New Mexico

New Mexico’s primary legislation providing authority for the prevention and control of aquatic invasive species was enacted in 2009. The legislation authorizes the New Mexico Game and Fish Department to designate aquatic invasive species and infested waters, sets forth specific requirements for the inspection and decontamination of conveyances and equipment. Department regulations outline procedures for conveyance inspection, decontamination, and impoundment.

N.M. Rev. Stat. Ch. 17, Art. 1 (State Game Commission)

N.M. Admin. Code Tit. 19, Ch. 30, Part 14 (Aquatic Invasive Species)

AIS Rules (Tit. 19, Ch. 30, Part 14 (Aquatic Invasive Species)

 

North Dakota

North Dakota passed its Aquatic Nuisance Species law in 2005. The legislation contains provision to prevent and control the spread of invasive species, creates an Aquatic Nuisance Species Committee, prohibits certain activities, and authorizes a statewide management plan and the training of personnel for inspections. The North Dakota Game and Fish Department’s regulations further detail the state’s program, including provisions on seizure, penalties, and the inspection of equipment.

N.D. Cent. Code Tit. 20.1, Ch. 20.1-02 (Game and Fish Department)

N.D. Admin. Code Tit. 30, Art. 30-03, Ch. 30-03-06 (Aquatic Nuisance Species)

North Dakota’s Aquatic Nuisance Species List

North Dakota HB 1356

 

Oklahoma

Okla. Admin. Code Tit. 800, Ch. 20, Subch. 4 (Aquatic Nuisance Species Restrictions)

 

Oregon

Oregon passed its Aquatic Invasive Species law in 2009. The legislation includes provisions on operating inspection check stations and creates an aquatic invasive species prevention permit and fund. The Oregon State Marine Board regulations cover watercraft inspection stations.

Ore. Rev. Stat. Tit. 61, Ch. 830 (Small Watercraft)

Ore. Admin. R. Ch. 250 (Oregon State Marine Board), Div. 10 (Statewide Rules)

 

South Dakota

The South Dakota GFP Commission finalized new AIS regulations in March of 2015. Attached is a copy of the draft legal write-up of the regulations. They will be reviewed by the Secretary of State office and will come into effect in April of 2015. The final will be posted here at that time.

S.D. Admin. R. Art. 41:10, Ch. 41:10:04 (Aquatic Nuisance Species)

 
Tahoe

Tahoe Regional Planning Compact

CA TRPA Provisions

NV TRPA Provisions

Resolution No. 82-11

Tahoe Provisions

TRPA Code of Ordinances

 

Texas

Tex. Parks & Wild. Code Tit. 5, Ch. 66 (Fish and Aquatic Plants)

Texas Admin. Code, Tit. 31, Ch. 57, Subch. A (Harmful or Potentially Harmful Fish, Shellfish, and Aquatic Plants)

 

Utah

The Utah legislature enacted the state’s Aquatic Invasive Species Interdiction Act in 2008. The legislation is limited to Dreissena mussels and contains provisions regulating this species and provides for inspections, decontamination, and penalties, as well as the power and duties of the Division of Wildlife Resources and the Wildlife Board. The Utah Administrative Code further details out these requirements.

Utah Code Tit. 23, Ch. 27 (Aquatic Invasive Species Interdiction Act)

Utah Admin. Code R657-60 (Aquatic Invasive Species Interdiction)

Bear Lake Reg Amendment

Utah AIS Interdiction Proposed Rule

 

Washington

Washington revised its aquatic invasive species legislation in 2014. The law contains provisions that detail the Washington Department of Fish and Wildlife’s powers and duties, as well as provisions on owner responsibilities, inspection, decontamination and penalties.

Wash. Rev. Code Tit. 43, Ch. 43.43 (Washington State Patrol)

Wash. Admin. Code Tit. 220, Ch. 220-12 (Food Fish and Shellfish - Classified)

 

Wyoming

Wyoming’s primary legislation governing aquatic invasive species was enacted during the 2010 Legislative Session. The law provides for the establishment of the Wyoming Department of Game and Fish’s AIS program, which includes authority to establish, operate, and maintain check stations in order to inspect conveyances. To implement the program, the Wyoming Department of Game and Fish has promulgated regulations setting forth procedures for conveyance inspection, decontamination, impoundment and quarantine.

Wyo. Stat. Ann. Tit. 23 (Game and Fish), Ch. 4, Art. 2 (Aquatic Invasive Species)

Wyo. Code R. Ch. 62 (Regulation for Aquatic Invasive Species)

Wyoming Notice of Intent

Wyoming Proposed Regulations


Canada AIS Regulations

 

Alberta

Alberta Fisheries Act

Alberta Ministerial Order 30

 

British Columbia

BC Wildlife Act

BC Controlled Alien Species Regulation

 

Manitoba

Manitoba Fisheries Regulation

Manitoba Water Protection Act

 

Saskatchewan

Saskatchewan AIS Provisions