EMERGENCY FILING - 06/13/2008

Chapter 9 – Division Properties

Article IV – boating Restrictions Applicable to all Division Controlled Properties, including State Trust Lands leased by the Division of Wildlife

# 904 - AQUATIC NUISANCE SPECIES (ANS)

A.	All vessels and other floating devices of any kind, including their contents, motors, trailers and other associated equipment are subject to inspection in accordance with inspection procedures established by the Division prior to launch onto, operation on or departure from any Division-controlled waters or vessel staging areas.

B.	Any aquatic nuisance species found during an inspection shall be removed and properly disposed of in accordance with removal and disposal procedures established by the Division before said vessel or other floating device will be allowed to launch onto, operate on or depart from any Division-controlled waters or vessel staging areas.

C.	Compliance with the above aquatic nuisance species inspection and removal and disposal requirements is an express condition of operation of any vessel or other floating device on Division-controlled waters.  Any person who refuses to permit inspection of their vessel or other floating device, including their contents, motor, trailer, and other associated equipment or to complete any required removal and disposal of aquatic nuisance species shall be prohibited from launching onto or operating the vessel or other floating device on any Division-controlled water.  Further, the vessel or other floating device of any person that refuses to allow inspection or to complete any required removal and disposal of aquatic nuisance species prior to departure from any Division-controlled water or vessel staging area is subject to quarantine until compliance with said aquatic nuisance species inspection and removal and disposal requirements is completed.

D.	Any person operating a vessel or other floating device may be ordered to remove the vessel or device from any Division-controlled water by any authorized agent of the Division if the agent reasonably believes the vessel or other floating device was not properly inspected prior to launch or may otherwise contain aquatic nuisance species.  Once removed from the water, the vessel or other floating device, including its contents, motor, trailer and associated equipment shall be subject to inspection for, and the removal and disposal of aquatic nuisance species.
    
E.	It is unlawful for any person to, or to attempt to, launch onto, operate on or remove from any Division-controlled water or vessel staging area any vessel or other floating device without first submitting the same, including their contents, motors, trailers and other associated equipment to an inspection for aquatic nuisance species, and completing said inspection, if such an inspection is requested by any authorized agent of the Division or required by any sign posted by the Division.  Further, it is unlawful for any person to fail to complete the removal and disposal of aquatic nuisance species if such removal and disposal is requested by an authorized agent of the Division or required by any sign posted by the Division.

F.	It is unlawful for any person to, or to attempt to, launch onto, operate on or remove from any Division-controlled water or vessel staging area any vessel or other floating device if they know the vessel or other floating device, including their contents, motors, trailers, or other associated equipment contain any aquatic nuisance species.