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Mont. Code Ann. § 80-7-1019

Enforcement

Known as the Montana Aquatic Invasive Species Act

The act spans §§ 80–80 (26 sections).

En

(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) upon particularized suspicion that a vessel or equipment is infested with an invasive species, require the driver of a vehicle transporting a vessel or equipment to submit the vessel or equipment to an inspection. The peace officer may conduct mandatory inspections of any interior portion of a vessel or equipment that may contain water for compliance with this part and rules adopted under this part only if:

(i) the peace officer obtains a search warrant, as defined in 46-1-202; or

(ii) the vessel or equipment is physically located within the boundaries of an invasive species management area established under 80-7-1008 or the statewide invasive species management area established in 80-7-1015 and use of mandatory inspections has been included in quarantine measures established pursuant to 80-7-1008 (3)(b)(i) or rules adopted under 80-7-1007.

(c) cite a person for a violation of this part.

(2) (a) A peace officer may not require a driver who may be in violation of the requirements of 80-7-1010 (2) and 80-7-1015 (7) to stop except on reasonable cause to believe:

(i) that the driver violated a traffic regulation or another provision of this part; or

(ii) that the driver's vehicle is unsafe or not equipped as required by law.

(b) A driver found to be in violation of 80-7-1010 (2) or 80-7-1015 (7) may correct the violation in the presence of the officer and be deemed in compliance. A correction made pursuant to this subsection (2)(b) may not impact any state waters.

Official source: Montana Code Annotated (Montana Legislature). Reproduced from public-domain Montana statutes; confirm against the official source for the current text. Not legal advice.