Rulemaking authority
(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 invasive species strategic plan adopted pursuant to 80-7-1006;
(b) transportation of an invasive species or any agent likely to be a carrier of an invasive species;
(c) designation, regulation, and treatment of an invasive species management area under 80-7-1008, including rules pertaining to:
(i) the use of quarantine regulations and measures;
(ii) the movement of vessels and equipment within, to, or from the area; and
(iii) the inspection and cleaning of vessels and equipment moving within, to, or from the area;
(d) manner in which vessels and equipment, including bilges, livewells, bait containers, and other boating-related equipment, traveling in the state must be cleaned to ensure that they are free from the presence of an invasive species; and
(e) prohibition on the use of felt-soled waders.
(2) The departments shall adopt rules for the administration of the statewide invasive species management area established in 80-7-1015, including rules specifying the method or methods for preventing the introduction or further introduction of invasive species into the state, and shall adopt rules for:
(a) the use of quarantine measures;
(b) the movement of vessels and equipment into the state; and
(c) the manner in which check stations will be used to inspect, clean, and decontaminate vessels and equipment moving into the state.
| EnactedEn. SectionSec. 7, ChapterCh. 429, Laws ofL. 2009 (SB 343 - Jackson, Verdell (R) SD 5) |
| AmendedAmd. SectionSec. 5, ChapterCh. 378, Laws ofL. 2011 (HB 621 - Ankney, Duane (R) HD 43) |
| AmendedAmd. SectionSec. 6, ChapterCh. 354, Laws ofL. 2013 (HB 586 - Cuffe, Mike (R) HD 2) |
| AmendedAmd. SectionSec. 22, ChapterCh. 275, Laws ofL. 2017 (SB 21 - Buttrey, Edward (R) SD 11) |
| AmendedAmd. SectionSec. 9, ChapterCh. 348, Laws ofL. 2017 (HB 622 - Cuffe, Mike (R) HD 2) |