§ 23-4-201 . Definitions
§ 23-4-202 . Prohibition on aquatic invasive species; mandatory conveyance checks; reporting
§ 23-4-203 . Enforcement
§ 23-4-204 . Rulemaking authority; fees
§ 23-4-205 . Penalties
§ 23-4-206 . Reciprocal aquatic invasive species program agreements with adjoining states authorized; water subject to agreements; implementing orders
(a) As used in this article:
(i) “Aquatic invasive species” means exotic or non-native aquatic organisms that have been determined by the commission to pose a significant threat to the aquatic resources, water supplies or water infrastructure of the state;
(ii) “Conveyance” means a motor vehicle, boat, watercraft, raft, vessel, trailer or any associated equipment or containers, including but not limited to live wells, ballast tanks, bilge areas and water hauling equipment that may contain or carry an aquatic invasive species;
(iii) “Decontaminate” means to wash, drain, dry or chemically, thermally or otherwise treat a conveyance in accordance with rules promulgated by the commission in order to remove or destroy an aquatic invasive species;
(iv) “Equipment” means an article, tool, implement or device capable of containing or transporting water or aquatic invasive species;
(v) “Inspect” means to examine a conveyance pursuant to procedures established by the commission in order to determine whether an aquatic invasive species is present, and includes examining, draining or treating water in the conveyance;
(vi) “Water sport toy” means a sailboard, float tube, kite board or any aid to swimming or fishing that is not designed primarily for navigation.
CREDIT(S)
Laws 2010, ch. 98, § 1, eff. March 10, 2010.
§ 23-4-202. Prohibition on aquatic invasive species; mandatory conveyance checks; reporting
(a) No person shall:
(i) Launch any conveyance into the waters of this state without first complying with aquatic invasive species prevention requirements established by commission rule;
(ii) Possess, import, export, ship, transport or cause to be possessed, imported, exported, shipped or transported an aquatic invasive species in this state, except as authorized by the commission;
(iii) Introduce an aquatic invasive species into any waters of the state; or
(iv) Refuse to comply with the inspection requirements or any order issued under this article.
(b) A person who knows that an unreported aquatic invasive species is present at a specific location in this state shall immediately report that knowledge and all pertinent information to the commission or a peace officer.
CREDIT(S)
Laws 2010, ch. 98, § 1, eff. March 10, 2010.
(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).
Credits
Laws 2010, ch. 98, § 1, eff. March 10, 2010; Laws 2012, ch. 64, § 1, eff. July 1, 2012; Laws 2022, ch. 34, § 1, eff. Jan. 1, 2023.
§ 23-4-204. Rulemaking authority; fees
(a) The commission and the department of state parks and cultural resources shall promulgate rules to administer and enforce the provisions of this article.
(b) The commission shall establish and collect fees in accordance with the following:
(i) An annual fee shall be collected by the commission for every watercraft before the watercraft enters the waters of the state. Payment of the fees shall be evidenced by a sticker placed on the bow of the watercraft or electronically as determined by commission rule or regulation. No person shall operate nor shall the owner permit the operation of any watercraft on the waters of the state without payment of the fees provided in this section. For purposes of this paragraph, “watercraft” means any contrivance used or designed primarily for navigation on water but does not include personal flotation devices or water sport toys;
(ii) Notwithstanding W.S. 23-4-203(a) and subsection (a) of this section, fees shall be established by commission rule or regulation promulgated in accordance with the Wyoming Administrative Procedure Act1;
(iii) Fees shall be established in an amount to ensure that, to the extent practicable, the total revenue generated from the fees collected approximates, but does not exceed, the direct and indirect costs of administering the regulatory provisions required under this article.
(c) Repealed by Laws 2015, ch. 41, § 2, eff. July 1, 2015.
Credits
Laws 2010, ch. 98, § 1, eff. March 10, 2010; Laws 2015, ch. 41, §§ 1, 2, eff. July 1, 2015.
Footnotes
1 16-3-101
(a) Any person who violates the provisions of this article or any order under this article is guilty of a high misdemeanor punishable as provided in W.S. 23-6-202(a)(ii).
(b) In addition to any other criminal penalty provided in this section any person who violates any provision of this article, may be assessed civil penalties in an amount not to exceed the costs incurred by the commission and the department of state parks and cultural resources in enforcing the provisions of this article but shall not include costs associated with the eradication of an aquatic invasive species introduced into the waters of this state. The commission or the department of state parks and cultural resources may bring a civil action in any court of competent jurisdiction for civil penalties or injunctive relief.
CREDIT(S)
Laws 2010, ch. 98, § 1, eff. March 10, 2010.
§ 23-4-206. Reciprocal aquatic invasive species program agreements with adjoining states authorized; water subject to agreements; implementing orders
(a) The commission is authorized to enter into reciprocal agreements with corresponding state officials of adjoining states for purposes of providing for the recognition of aquatic invasive species programs at least as restrictive as those in Wyoming, for boating by residents of this state and adjoining states upon artificial impoundments of water forming the boundary between this state and adjoining states. The agreements may include provisions by which each state shall honor the aquatic invasive species program fees of the other state. Watercraft operators from the other state shall display proof of payment of the appropriate aquatic invasive species program fee from the other state and any additional reciprocity fee to the state of Wyoming set by mutual agreement of the states.
(b) It is the primary purpose of this section to provide a method whereby the boating opportunities afforded upon artificial impoundments of water forming the boundary between this state and adjoining states may be mutually enjoyed by the residents of Wyoming and the residents of adjoining states.
(c) The commission is authorized to establish orders as provided in this act to implement any agreements under this section.
CREDIT(S)
Laws 2011, ch. 73, § 1, eff. July 1, 2011.