# Title 20.1 — Game, Fish, Predators, and Boating

## Chapter 20.1-17 — Aquatic Nuisance Species

### § 20.1-17-01. Prevention and control of aquatic nuisance species.

The director, to prevent and control aquatic nuisance species, shall:
1. Prepare a statewide management plan for aquatic nuisance species to be approved by
the governor.
2. Organize an aquatic nuisance species committee, as provided for in the statewide
management plan, composed of the director or the director's designee;
representatives of the agriculture commissioner, state water commission, parks and
recreation department, department of environmental quality, and tourism division; up to
five private entities or individuals; and a representative of tribal entities. The director or
the director's designee is the chairman of the aquatic nuisance species committee.
3. Develop and adopt the state's list of aquatic nuisance species after consulting with the
aquatic nuisance species committee. The list must be updated annually.
4. Provide for a permitting system to import listed aquatic nuisance species into or move
those species within the state.
5. Develop rules to prevent the movement of aquatic nuisance species into or within the
state. In addition to requirements under chapter 28-32, the department shall conduct a
cost-benefit analysis for any rule proposed for adoption under this chapter.
6. Conduct aquatic nuisance species education and prevention efforts.
7. Provide for the partnership of the federal government, state agencies, and private or
public organizations to fund aquatic nuisance species prevention efforts.
### § 20.1-17-02. Compensation and expenses of appointive members of the aquatic

nuisance committee.
Each appointive member of the committee is entitled to receive sixty-two dollars and fifty
cents compensation per day and to reimbursement for expenses in the amounts provided in
sections 44-08-04 and 54-06-09 while attending meetings of the committee or, at the discretion
of the member, may receive either per diem compensation or expenses in those amounts while
otherwise engaged in official business of the department, including time of travel between home
and the place at which the member performs such duties.
### § 20.1-17-03. Management plan.

The statewide management plan must address:
1. Coordinated detection efforts and prevention of illegal introductions;
2. Coordinated dissemination of information concerning aquatic nuisance species among
resource management agencies and organizations and impacted entities;
3. A coordinated education and awareness campaign;
4. Coordinated control of selected invasive species of aquatic plants and wild animals on
lands and public waters;
5. A reasonable and workable inspection requirement for watercraft and equipment
working on waters of the state, including those participating in organized events on the
waters of the state;
6. Closure of points of access to infested waters, if the director determines closure is
necessary;
7. Maintenance of public access to infested waters which are reasonably free of aquatic
nuisance species; and
8. Notice to travelers of the penalties for violation of laws relating to aquatic nuisance
species.
### § 20.1-17-04. Inspection of watercraft.

The director shall train and authorize personnel to inspect watercraft and associated
equipment, including weed harvesters, for aquatic nuisance species before the watercraft and
equipment enter or leave waters of the state during the open water season.

### § 20.1-17-05. Infested waters - Restricted activities.

The director shall designate a water of the state as an infested water if the director
determines that the water contains a population of an aquatic nuisance species that may spread
to other waters if use of the water and related activities is not regulated to prevent this spread.
In determining which waters are infested with a nuisance species, the director shall consider:
1. The extent of a species distribution within the state;
2. The likely means of spread for a species; and
3. Whether rules specific to infested waters containing a specific species will effectively
reduce that species' spread.
### § 20.1-17-06. Prohibited activities.

A person may not possess, import, purchase, sell, propagate, transport, or introduce a
prohibited aquatic nuisance species except:
1. Under a permit issued by the director;
2. When being transported to the department, or another destination as the director may
direct, in a sealed container for purposes of identifying the species or reporting the
presence of the species;
3. When being transported for disposal as part of a harvest or control activity under a
permit issued by the director or when being transported as specified by the director;
4. When the specimen has been lawfully acquired dead and, in the case of plant species,
all seeds are removed or are otherwise secured in a sealed container;
5. When being removed from watercraft or equipment, or caught while angling, and
immediately returned to the water from which it came; or
6. As the director otherwise may prescribe by rule.
### § 20.1-17-07. Standard.

The director may issue a permit under this chapter only if the director determines that the
permitted activity does not pose an unreasonable risk of harm to natural resources or their use
in the state. The director may deny, issue with conditions, modify, or revoke a permit issued
under this chapter as necessary to ensure that the proposed activity will not pose an
unreasonable risk of harm to natural resources or their use in the state.
### § 20.1-17-08. Seizure.

The director may seize or dispose of any specimens of prohibited aquatic nuisance species
unlawfully possessed, imported, purchased, sold, propagated, transported, or introduced in this
state.
### § 20.1-17-09. Penalty.

A person who violates this chapter is guilty of a class B misdemeanor.
