§ 23-4-203 — Enforcement

Wyoming § 23-4-203

• Jurisdiction: Wyoming
• Title 23: Game and Fish
• Ch. 4: PROTECTION AND PROPAGATION OF FISH
• Art. 2: AQUATIC INVASIVE SPECIES

Text

(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 prior to a boat, vessel or watercraft
being launched into 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.
(h) As provided in this subsection, every conveyance
entering the state by land shall be inspected by an authorized
aquatic invasive species inspector in accordance with rules
established by the commission prior to contacting or entering
the waters of this state. The commission shall promulgate rules
establishing the dates when such inspections are required and
qualifications for authorized inspectors.
(j) The commission, in coordination with the department of
transportation, the department of state parks and cultural
resources and the department of agriculture, is authorized to
establish and inspect conveyances at mandatory aquatic invasive
species check stations at ports of entry, other department of
transportation facilities located near the borders of this state
that meet established state and national safety and commerce
requirements for the traveling public or other appropriate
facilities.
(k) Any person who is lawfully stopped by a peace officer
and is subsequently discovered to have failed to have a
conveyance inspected as required under subsection (b) of this
section, shall report to an authorized check station within
forty-eight (48) hours of being stopped to have the conveyance
inspected for aquatic invasive species and shall not enter
Wyoming waters until the conveyance is inspected.
Notwithstanding the penalty imposed under W.S. 23-4-205(a), any
person who fails to report to a check station within forty-eight
(48) hours as required by this subsection shall be guilty of a
misdemeanor punishable by a fine of not more than five thousand
dollars ($5,000.00) and may be prohibited from operating any
watercraft on any of the waterways of this state for not more
than three (3) years. Any person who operates any watercraft
while prohibited from doing so under this subsection is guilty
of a misdemeanor punishable as provided in W.S. 23-6-202(a)(v).