building_consensus_denver_workshop_summary_final_9.26.13

Building Consensus in the
West
A MULTI-STATE VISION FOR WATERCRAFT INSPECTION PROGRAMS

MEETING SUMMARY
August 13–15, 2013
Denver, Colorado


Table of Contents
Meeting Summary.....................................................................................1
Table of Contents..........................................................................................2
Background..................................................................................................4
The Denver Workshop..................................................................................5
AIS Coordinator Workgroup........................................................................9
I.Definitions.............................................................................................9
II.Protocols............................................................................................13
III.Standards (mandatory or voluntary).................................................14
IV.Communications – when states communicate with others based on
the determination of a water body:......................................................15
V.Other Information Needed and Next Steps:.......................................16
Note: The Text contained on pages 14 through 23 of this document Is In
Draft Form and not intended For circulation. a working group has been
formed to further refine the contents of the draft model law For Future
Circulation and Comment........................................................................17
“The Aquatic Invasive Species Prevention Act”: A Model Law to Prevent
the Movement and Spread of AIS............................................................17
Outline..................................................................................................17
I. Legislative Findings...........................................................................18
II. Definitions.........................................................................................18
III. Powers and Duties of [Department].................................................18

IV. Prohibitions......................................................................................19
V. Reporting..........................................................................................19
VI. Access to Private Land.....................................................................20
VII. Management Actions......................................................................20
VIII. Inspection of Conveyances............................................................21
IX. Inspection Stations..........................................................................21
X. Field Inspections...............................................................................22
XI. Decontamination.............................................................................22
XII. Penalties.........................................................................................22
PAGE 2


XIII. Forfeiture of Conveyances.............................................................23
XIV. Governmental Immunity................................................................24
XV. Local Authority................................................................................24
XVI. Cooperative Agreement................................................................24
XVII. Reciprocity....................................................................................25
XVIII. Aquatic Invasive Species Fee.......................................................25
DENVER AIS MEETING Parking Lot ITEMS.................................................27
Research...............................................................................................27
Communication.....................................................................................27
Language..............................................................................................27
Data sharing.........................................................................................27
Documentation/reciprocity...................................................................28
AGs.......................................................................................................28
Tools or Standards Needing Development............................................28

PAGE 3

Background
On August 22–23, 2012, a workshop was hosted by the Arizona
Department of Game and Fish and convened in Phoenix, Arizona, by the
US Fish and Wildlife Service, the National Association of Attorneys General,
Oregon Sea Grant, the National Sea Grant Law Center, and the Western
Regional Panel on Aquatic Nuisance Species (WRP). The purpose of the
workshop was to engage Assistant Attorneys General, natural resource
agency attorneys, law enforcement supervisors, policy makers, and the
Aquatic Invasive Species (AIS) Coordinators from the 19 Western states,
interstate organizations, and Federal partners to establish clear legal and
regulatory approaches and opportunities for AIS abatement and reform.
One deliverable from this workshop was the creation of an action plan1
that articulates needed actions at the federal/national, regional, state, and
local levels to minimize the expansion of invasive mussels through
watercraft movements in the western United States.
To advance three specific action items in the action plan related to
developing standard definitions and criteria and model
statutory/regulatory language to implement a comprehensive watercraft
inspection and decontamination program, representatives from western
states convened August 13–15, 2013, in Denver Colorado for a workshop
titled, “Building Consensus in the West—A Multi-State Vision for Watercraft
Inspection Programs.” (See Appendix A for the Denver Workshop Agenda
and Appendix B for the Participant List.)
One month later, on September 9, 2013, the AIS Coordinators met in
Portland, Oregon. They gathered for the Annual Meeting of the WRP and
the AIS Coordinators spent an afternoon during the Western Invasive
Species Coordinating Effort (WISCE) meeting to review the definitions
section of this report. This facilitated session provided the AIS
Coordinators an opportunity to share feedback gained from supervisors,
staff and partners after the Denver meeting, and further solidify the

definitions. It also provided an opportunity for two states that were unable
to attend the Denver workshop, to join in the collective conversation. (See
Appendix C for the Portland meeting participant list.)

1

An action plan to implement Legal and Regulatory Efforts to Minimize Expansion of
Invasive Mussels through Watercraft Movements in the western United States.

PAGE 4


The Denver Workshop
A total of 39 individuals representing western AIS Coordinators, Assistant
Attorneys General, natural resource agency attorneys, law enforcement
supervisors, and others convened to specifically address three action items
from the 2012 Phoenix, AZ meeting action plan:
2.3: Develop standard definitions for language used in efforts to
prevent the transport of Dreissena mussels.
2.4: Develop standard criteria for Dreissena mussel monitoring,
testing, and the protocols for listing and de-listing of positive
(infested) water bodies.
2.6: Develop model statutory/regulatory language for a
comprehensive watercraft inspection and decontamination program.
The format of the workshop provided for concurrent sessions. The
discussion in the workshop included topics related to other plan action
items, in addition to the intended three actions listed above:
2.1: Enhance and improve timely communication about movements
and inspections of high risk boats in the West via the creation and
use of a database that captures information about moored boats in

infested waters.
2.2: Build on existing Uniform Minimum Protocols and Standards for
Watercraft Interception Programs for Dreissena Mussels in the
Western United States (UMPS) document with a goal of consistent
decontamination protocols and reciprocity across the western states.
2.11: Standardize boat inspection documentation/seals and other
similar types of materials across regions.
The work performed by the Attorneys General must be accomplished prior
to initiating discussions or actions on the following three plan action items:
2.9: Explore the establishment of a compact among the western
states to share AIS violation data and potentially revoke fishing
and/or boating licenses for significant/repeated violations.
3.2: Review existing state legal and regulatory authorities related to
the movement of AIS by trailered watercraft, and compare these
state programs to a model law/regulation (see action 2.5) to identify
areas where gaps in each state can be addressed.
3.3: Explore a tiered fine strategy for repeat offenders of AIS laws.
PAGE 5


PAGE 6


One purpose of the meeting was to convene AIS Coordinators to advance
consensus on the following:





Water body monitoring classifications and definitions
Watercraft inspection definitions, protocols, and standards
Watercraft decontamination definitions, protocols and standards
Certification of inspection and decontamination programs

The AIS Coordinators reached consensus on the following items:







Definitions for what constitutes early ‘detection’ and the
minimum required to validate the detection.
Water body definitions based on detection
Notification requirements based on detections and water body
definitions.
Triggers for states to implement management (resource
dependant)
De-listing timelines for suspect, positive and infested water
bodies.
Definitions for Self-Inspection, Inspection, Decontamination,
Authorized Agent, Authorized Location, Quarantine, Impound,
Exclusion and Seals/Receipts.

More discussion is need on the following, and a spring meeting is being
planned.
1. Watercraft Inspection and Decontamination Training and Field
Procedures

2. Quality Control Standards
3. Record Keeping and Reporting
4. Data Sharing
5. Communication and Notification
6. Sampling Standards
Concurrently, a Model Language Workgroup consisting of Assistant
Attorneys General, state agency attorneys, and law enforcement personnel
sought to:



Achieve consensus on the essential legal authorities for an effective
Watercraft Inspection/Decontamination Program.
Select model approaches and draft model legislative language,
based on existing state law and experience, for implementing these
authorities.

PAGE 7




Review and discuss the waterbody monitoring and classification
schemes, definitions, standards, and protocols emerging from the
AIS Coordinator Workgroup consensus.

Throughout the three-day agenda, both groups reconvened on a regular
basis to touch base, ask questions, obtain clarification, and, to the extent
possible, advance agendas to achieve overall workshop goals. Issues
outside the scope of the primary agenda, or those requiring further

exploration/research/communication, were documented.
The three-day workshop concluded with a discussion of four place-based
scenarios to reinforce consensus achieved during the workshop and
identify gaps or issues requiring further clarification.

PAGE 8


Results
AIS COORDINATOR WORKGROUP
AIS Coordinators achieved consensus on the following minimum
definitions, protocols and standards:
I.

Definitions






Manageme
nt
Trigger 



Verification – the scientifically-based process to confirm
the presence of Aquatic Invasive Species (AIS).
Detection, detect or detected – the verified presence of

AIS.
Minimum to verify detection: 2 independent results from
the same sample, using scientifically accepted techniques.
Waterbody definitions:
 Status Unknown – Waters that have not been
monitored.
 Undetected/Negative - sampling/testing is ongoing
and nothing has been detected, or nothing has been
detected within the time frames for de-listing.
 Inconclusive (temporary status) - Water body has not
met the minimum criteria for detection.
 Suspect – Water body that has met the minimum
criteria for detection.
 Positive – Multiple (2 or more) subsequent sampling
events that meet the minimum criteria for detection.
 Infested – A water body that has an established
(recruiting or reproducing) population of AIS.
De-listing a Water Body for ZQM:
 Inconclusive – 1 year of negative testing including at
least one sample taken in the same month of
subsequent year as the positive sample (accounting for
seasonal environment variability) to get to
undetected/negative.
 Suspect – 3 years of negative testing to get to
undetected/negative.
 Positive – 5 years of negative testing to get to
undetected/negative.

PAGE 9

Infested – Following a successful eradication or
extirpation event including a minimum of 5 years postevent testing/monitoring with negative results.
Prevention- To stop or attempt to stop the introduction of
AIS.
Containment- To stop or attempt to stop AIS from
spreading.
Watercraft Inspection and Decontamination Program
(WID) Watercraft Interception Program (WIP)
Watercraft Interdiction Program (WIP)
Any program which seeks to prevent the spread of AIS on a
conveyance by requiring that the conveyance be clean, and
to the extent practical, drained and dried prior to launching
or upon exit.

















Authorized Inspector - Has a valid certification for aquatic
invasive species inspections and decontaminations that
meets the minimum standards established by the most
current Uniform Minimum Protocols and Standards for
Watercraft Inspection and Decontamination for Dreissenid
Mussels in the United States (UMPS).
Authorized WID or WIP Location - A location or an
address where an authorized inspector may be available to
conduct an inspection and/or decontamination.
Self-inspection (voluntary or mandatory) – An
inspection conducted by a conveyance owner, operator,
transporter, or any other untrained or unauthorized person.
o Note: Self-inspection is not decontamination.
Inspection – Process to determine whether a conveyance
presents an AIS risk.
Inspection Screening Interview – Asking the conveyance
operator a series of questions prior to launching or entry
that are designed to determine the level of risk based on
the recent history of use. This should be an element of
every inspection program.
Drying Time - The amount of time out of the water
required to assure that all AIS are killed through desiccation.
o This time requirement varies widely depending on
temperature, humidity conditions for the specific
geographic area the boat is being held out of the
water in. (100th Meridian quarantine time calculator
– ZQM only).

PAGE 10






Quarantine – The act of securing a watercraft for the
required dry time. This can be voluntary or mandatory on
the boater’s recognizance.
Impound – A law enforcement action to seize a watercraft
and hold it to ensure the drying time is met.
Exclusion - High risk conveyance that has not been or
cannot be decontaminated or meet the quarantined /drying
time standard, or except for those returning to the same
infested water body may be excluded from launching.

 Low Risk Conveyance:
 Coming from undetected or negative water body, or
 Coming from state with no positive or infested waters, or
 Conveyance with a valid seal and receipt from an
undetected or negative water, or
 Cleaned and drained, or
 Has been out of water more than 30 days, or
 Conveyance is a simple type (e.g., conveyance with an
open hull AND no compartments or easily accessible
containers AND a single outboard motor).
o Communication to boater- seal and receipt MAY
make inspection quicker.


High Risk Conveyance:
o Any conveyance or piece of equipment that has
operated on or in any suspect, positive, or infested
water body known, or suspected of having AIS, or
o Any watercraft or equipment that is not clean, and
to the extent practical, drained and dry, or
o Conveyance is a complex type (e.g., boat with a
closed hull, inaccessible containers or
compartments, ballast boats, inboard/outboard,
inboard, etc.)
o Conveyance is undocumented and has no seal and
no receipt.
o Communication to boater – boat will likely be
inspected.



Fouled Conveyance: A conveyance known to be
contaminated or previously decontaminated for infestation
of AIS. Notification of any fouled conveyance will occur
among destinations or travel states.

PAGE 11














o Communication to boater – boat will be inspected
and potentially decontaminated (prior decon
doesn’t exempt boat from being re-inspected).
o If the boat is destined for another state, the boater
should be notified that the state will do a
notification.
Decontamination - A treatment with the intent to kill,
destroys, and removes aquatic invasive species, to the
extent technically and measurably possible.
Certification: A process whereby conveyances are
determined to present minimal risk based on inspection,
decontamination or drying time and receive some visible
form of certification of that fact (e.g., trailer tag/seal, band,
paper certificate, etc.).
o NOTE: It is important to note that is not possible
to certify watercraft are “free of mussels”, only
that the most currently available and effective
protocols and standards have been applied to
inspect for, and/or kill and remove all visible
mussels.
Seal: A tamper-proof device that locks the boat to the
trailer when affixed to a conveyance to indicate that the

boat has not been launched since it was inspected and/or
decontaminated, and is accompanied by a valid seal
receipt.
Valid Seal Receipt: A document issued by an authorized
inspector in conjunction with a seal that contains a number
matching the serial number on the seal and information
regarding the status of the conveyance relative to absence
of aquatic invasive species (e.g. date, location and type of
last inspection or decontamination).
Reciprocity – The acceptance of conveyance inspection
and/or decontamination by several or all jurisdictions when
similar protocols and standards are employed by similarly
trained professionals for the purpose of increasing the
efficacy of WID Programs, enhancing resource protection,
and improving boater experience and communication
among the states.
Control- To mitigate against the effects of AIS through
reductions in the species population size.

PAGE 12


II.

Protocols


Inspections:
o Self-inspection: A process in which an individual
cleans, drains and dries their own conveyance. In

some cases, information may be collected about the
conveyance and may be accompanied by a state
issued document.
o Screening Interview Information for Risk
Assessment:
 Record the trailer license plate and boat
registration (boat ID) number.
• The home location of the owner/operator
and license of conveyance.
 The specific location (waterbody) and date
where the watercraft or equipment was last
launched.
 Has the watercraft been launched out of state in
the last 30 days?
 Where has the boat been launched in the last
30 days?
 If the watercraft/equipment has been cleaned,
drained and dried. Through the inspection
process, verify the boat is clean, drain and dry
before allowing launch.
• If not, proceed to high risk inspection
and/or decontamination.
o Boater and Inspector Safety
 Turn off vehicle, set parking brake.
o Educate the Boater
 Provide informational materials and tell them
what you are doing and why you are doing it.
 Teach the boater to inspect and drain their own
boat in between each and every use.
o Inspection Checklist – minimum questions asked:

 Has the boat been launched in the last 30 days?
If so, when and where (water body and state
and date)?
 Observations
• The vessel ID number
• What is the boat type?
• Is the boat cleaned, drained, and dried?

PAGE 13


•



III.

Does the boat have a seal and/or receipt?
Separate protocol if it does.
For undocumented boats (no seal and
receipt), inspect:
• Exterior Surfaces - Hull and Trailer
• Propulsion System - Verify propulsion
systems are fully drained and inspected
• Equipment (e.g. Anchor and Anchor rope
or chain)
• Interior Area - Interior compartments that
could hold water must be drained

Standards (mandatory or voluntary)





Boaters must confirm that the following conditions have
been met:
o Watercraft, equipment, trailer are cleaned, and to the
extent practical, drained and dried.
How water decontamination:
o When flushing exterior areas (with indirect contact,
e.g., trailer bunks, gimbal), maintain a contact time of
60 seconds with 140 degree water. . .
o First drain and then use a flushing attachment and
120 degree water at exit to maintain contact time of
60 seconds to flush the live well, bait well, wet
storage compartments, bilge areas, to kill any
mussels and veligers that might be present. [Note:
alternatively, live/bait well, bilge areas can be filled
with 120 degree water and held for 30 seconds, and
then drained. . .
o . . . start the engine and run (140 degrees exit
temperature for 5 seconds) to kill mussels in the
engine cooling system.
o . . . some plastic pumps and/or other electrical system
components are designed for temperatures of no
more than 120 degrees.
 For that reason WID locations without the ability
to adjust the temperature of their
decontamination units are recommended to use
a 3-4 foot hose extension from the end of the

flushing attachment to introduce hot water from
the source to the ballast or raw water storage
tank. The extension allows the water
temperature to cool by an additional 15 to 20

PAGE 14


degrees in order to reduce effective water
temperatures in the bladder or tank to below
120 degrees. To maintain lethal temperatures
long enough to achieve 100% mortality it is
important to pump water into the area until the
exiting water reaches a temperature of 120 °F.
 The exiting water temperature can be
monitored with a handheld temperature gauge
or thermometer. Leaving the water in that area
for a minimum of 2 minutes, will assure 100%
mortality. . .
o Watercraft and Equipment Trailers: All accessible
surfaces should be sprayed with 140 degrees. . . .
When carpeted bunks are present, flush with low
pressure for at least 1 minute with 140 degree water.


IV.

Quarantine/Drying time:
o Where practical, the 100th Meridian Initiative “Drying
time estimator” should be used to determine the

length of quarantine/drying time required for the
specific geographic area the boat is being held or
moved in. (The estimator website provides the
greatest precision but limited availability and
predictability for boaters.)
o When the use of the “Drying time estimator” is not
applicable, use UMPS standards to determine the
length of the quarantine/drying time required.

Communications – when states communicate with others
based on the determination of a water body:







Status unknown- As necessary, communications about which
water bodies are not monitored.
Undetected- As necessary, communications about which water
bodies are monitored
Inconclusive- AIS coordinator notifies key individuals within
region (needs to know basis, AIS coordinators)
Suspect- Informal or Formal notification within region (western
AIS coordinators, public)
Positive- Formal notification system (AIS coordinators, USGS,
public)
Infested- Formal notification system (AIS coordinators, USGS,
public)

PAGE 15


V.

Other Information Needed and Next Steps:






Development of a Quality Control Toolkit
o Examples - secret shoppers, on the job (OTJ) evaluations,
customer service surveys, angler education
Development of a Training Standards Toolkit
o Examples - WID II, WIT II, Train the trainer, QA/QC for
training (surveys, evaluations, monthly quizzes for
inspection)
Data Sharing
o WID Examples - West 911, Check in/Check out database,
information sharing general, PNW passport, Mobile device
technology (e.g. FieldSync or www.ansutility.com)
o Monitoring Example - database/sharing yearly monitoring
reports on monitoring water bodies for presence of AIS to
enhance confidence that undetected waters are truly
undetected (i.e., is it being sampled, how often…).

PAGE 16

NOTE: THE TEXT CONTAINED ON PAGES 14 THROUGH 23 OF
THIS DOCUMENT IS IN DRAFT FORM AND NOT INTENDED
FOR CIRCULATION. A WORKING GROUP HAS BEEN FORMED
TO FURTHER REFINE THE CONTENTS OF THE DRAFT MODEL
LAW FOR FUTURE CIRCULATION AND COMMENT.

“THE AQUATIC INVASIVE SPECIES PREVENTION ACT”: A MODEL LAW TO
PREVENT THE MOVEMENT AND SPREAD OF AIS
Outline

I.
II.
III.
IV.
V.
VI.
VII.
VIII.
IX.
X.
XI.
XII.
XIII.
XIV.
XV.
XVI.
XVII.
XVIII.

Legislative Findings
Definitions
Powers and Duties of [Department]
Prohibitions
Reporting
Access to Private Land
Management Actions
Inspection of Conveyances
Inspection Stations
Field Inspections
Decontamination
Penalties
Forfeiture
Governmental Immunity
Local Authority
Cooperative Agreements
Reciprocity
Aquatic Invasive Species Fee

n
o

d
–
t te
f
a la
r
D cu

r
i
c

t
o

PAGE 17


I.

Legislative Findings

[Placeholder – Final version will include either suggested language or a couple of
examples from existing legislation.]
II.

Definitions

[Placeholder – Final version will include definition of following terms and others]
•
•
•
•
•
•
•
•
•

•
•
•
•
III.

Aquatic Invasive Species
Conveyance (inclusive of equipment?)
Detected/Undetected (classification of water bodies)
Peace Officer
Impoundment
Inspect (includes visual/tactile, and other sampling methods)
Introduction: contact of an AIS with a water body potentially capable of
supporting life of that species, regardless of whether that AIS survives or is left
[remains?] in that body of water
Person: an individual or company, corporation, organization… (see Federal
definition under Migratory Bird Treaty Act)
Quarantine
Decontaminate – “clean, drain, dry” (define each?)
Detain
Seize
Water Body

t
o

Powers and Duties of [Department]

n
o

1. In order to prevent, control, contain, monitor, or eradicate aquatic invasive
species, the [Department] is authorized to:
a. Establish a list of aquatic invasive species;
b. Establish a list of waters or locations where the presence of aquatic
invasive species is suspected or documented;
c. Inspect conveyances for the presence of aquatic invasive species; and
d. Decontaminate or order the decontamination of conveyances.

d
–
t te
f
a la
r
D cu
r

PAGE 18


2. The Department shall promulgate rules to administer and enforce this article.
Such rules shall include:
a. Policies for the monitoring and classification of the waters of the state for
the presence of aquatic invasive species;
b. Procedures for the inspection of conveyances for the presence of aquatic
invasive species;
c. Procedures for the decontamination of conveyances and destruction of any
aquatic invasive species removed from the conveyance;
d. Procedures for the quarantine and impoundment of conveyances;

e. Processes for the facilitation of the reporting requirements.
IV.

Prohibitions

1. Except as authorized by [Department], no person shall
a. Possess, import, export, ship, transport or cause to be possessed,
imported, exported, shipped or transported an aquatic invasive species in
this state;
b. Cause any conveyance to come into contact with or enter into the waters
of this state without first complying with the aquatic invasive species
prevention requirements set forth in this [law/article/chapter] or
established by rule;
c. [Placeholder for “Clean, Drain and Dry” requirements, i.e. no person shall
move a conveyance without first clean, drain, and dry – see Washington’s
proposed bill.]
d. Commit any act or omission that results in or is reasonably likely to result
in the introduction of an aquatic invasive species into any waters of the
state.
2. [Placeholder for an exception from the possession and transportation
requirements for a: conveyance that has been cleaned, drained, and is currently
within drying period. Need something to cover conveyances that are in
compliance with state law, but may still have mussels on board.]

n
o

d
–
t te

f
a la
r
D cu
r
i
c
V.

t
o

Reporting

1. A person who has reason to believe an aquatic invasive species may exist at a
specific location shall, as soon as reasonably practicable, report the discovery to
[Agency].
PAGE 19


2. [Placeholder for possible subsection that authorizes a reward program for
reporting violations that leads to prosecution or effective intervention.]
VI. Access to Private Land

1. [Placeholder for authorization to enter private land to access water body for
purpose of sampling (due to reasonable suspicion). May need subsection or
informational note to highlight that agencies may need additional
permission/court orders to undertake control, eradication, etc.]
2. [Placeholder for public nuisance abatement language, building off language in
legislative findings recognizing that presence of AIS constitutes public nuisance.]

VII.

Management Actions

1. If [Department] receives report for newly [suspect] water body, the entity or entities
responsible for the management of the water body may, in coordination with the
[Department] implement a management plan within [a reasonable time frame]
a. [Placeholder for elements that should be included in a management plan:
i. Control actions
ii. Decontamination requirements
iii. Regulated/minimally restrictive conveyance usage, particularly where
economic impacts may ...
iv. water flow…?
v. entry point/shoreline access/restrictions
vi. Public notices…]

n
o

d
–
t te
f
a la
r
D cu
r
i
c

t
o

2. [Placeholder for “Arrangements with Landowners” (see MT law, also Superfund
cleanup laws, CO non-native species possession)
a. Upon the new designation of a [suspect] water body, [Department] will work
with Private landowner to [implement management actions] as
specified/guided by the [Department].
b. If negations with land manager/landowner fails, the [Department] will take
action to abate the nuisance, making every effort to minimize
disturbance/harm to property and/or adverse effects…]
3. [Placeholder for “Interim Restrictions” -

PAGE 20


a. The [Department] may temporarily restrict conveyance usage on waters of the
state upon a [suspect/positive] water body designation until a management
plan is in place.
b. The [Department] may restrict shoreline access/boat ramps following the
declaration of a [suspect/positive] water body.
c. When implementing interim restrictions pursuant to this subsection, the state
shall consider all economic impacts,]
VIII. Inspection of Conveyances

1. Any person who transports or causes to be transported any conveyance into the
state must have their conveyance inspected when required by [Department]
rules before making contact with or entering into any water of the state.
2. Any person who transports a conveyance or causes a conveyance to be
transported within the state must have their conveyance inspected when leaving

a suspect or infested water body before the conveyance makes contact or enters
into a subsequent water of the state.
3. [Placeholder for language establishing what a conveyance owner/operator must
provide to inspector re: where the conveyance has been (i.e., other positive water
bodies). This type of provision could help with enforcement actions under Lacey
Act and others.]
IX. Inspection Stations

n
o

d
–
t te
f
a la
r
D cu
r
i
c

t
o

1. The [Department] is authorized to establish inspection stations at specific
locations within the state, including, but not limited to, at borders, highways, and
water bodies, to prevent the introduction, importation, infestation, and spread of
the invasive species.
2. The owner, operator, transporter or person in possession of a conveyance must

stop at every inspection station and cooperate with the required procedures
3. At an inspection station established under subsection (1), the [Department] may
inspect conveyances for the presence of an invasive species and compliance with
this section and adopted regulations. The [Department] may examine any interior
portion of any conveyance that may contain water, including, but not limited to,
bilges, live wells, and bait containers.

PAGE 21


4. If during an inspection of a conveyance the presence of an aquatic invasive
species is suspected or observed, the [Department] may decontaminate the
conveyance, issue a quarantine order, or request that a peace officer detain,
impound, or otherwise restrict movement of that conveyance.
5. The owner of a conveyance which is impounded is responsible for all costs
associated with the impoundment and decontamination.
X. Field Inspections

1. A peace officer may stop and inspect a conveyance for if an aquatic invasive
species is suspected or observed, or for proof of a required inspection:
a. If the conveyance is visibly transporting any aquatic invasive species; or
b. If the peace officer otherwise reasonably believes, based on articulable
facts, that an aquatic invasive species is present.
c. If the owner of the conveyance fails to stop at a required inspection station
or to comply with [Department] requirements, policies, and procedures.
2. If a peace officer conducts an inspection of a conveyance pursuant to this
[law/chapter/title/etc.] and determines that an aquatic invasive species is
present on the conveyance, the peace officer may:
a. Order the decontamination of the conveyance or escort the conveyance to
the nearest inspection station;

b. Detain, seize, or impound the conveyance to facilitate inspection or
decontamination.
3. The owner of a conveyance which is decontaminated, impounded or quarantined
may be held to be responsible for all costs associated with the decontamination,
impoundment or quarantine as required by [Department] regulation.

n
o

d
–
t te
f
a la
r
D cu
r
i
c

XI.

t
o

Decontamination

[Placeholder for language setting forth the duty of conveyance
owners/operators/possessors to follow protocols detailed in regulation, including
disposition of wash water, plant and other live or dead organisms.]

XII.

Penalties

1. [Placeholder for Civil/Administrative Penalties]
PAGE 22


a. [strict liability] A violation of any provision of this [bill/law/chapter] or
applicable regulation may result in civil/administrative warning/minor
infraction
b. A knowing violation of any provision of this [bill/law/chapter] or applicable
regulation may result in civil/administrative warning/minor infraction
2. [Placeholder for Criminal Penalties].
a. second offense = criminal misdemeanor
i. The Department may:
1. Suspend Boating privileges
2. Revoke boating license
3. Revoke the certificate of number or validation decal of an
impounded or quarantined conveyance…
b. Felony offense
i. Conviction and subsequent conviction… [Restrict to “during the
course of a commercial activity?”]

n
o

d
–
t te

f
a la
r
D cu
r
i
c

t
o

3. Any person who complies with [the Department] requirements for conveyance
inspection and decontamination must be considered to be in compliance with
this section and is not subject to penalties under this subsection. This subsection
does not apply to a person who purposely or knowingly introduces or attempts to
introduce an invasive species in [State].
4. Civil penalties collected under this section must be deposited [in the general
fund/AIS fund].

XIII. Forfeiture of Conveyances

t
o

1. Any conveyance transported or operated in violation of this [chapter/title] or a
regulation adopted under this [chapter/title], may be forfeited to the state
a. Upon conviction of the offender in a criminal proceeding of a violation of this
title in a court of competent jurisdiction; or
b. Upon judgment of a court of competent jurisdiction in a proceeding in rem
that an item specified above was transported or operated in violation of this

title or a regulation adopted under this [chapter/title].

n
o

d
–
t te
f
a la
r
D cu
r

2. Conveyances may be forfeited under this section regardless of whether they were
seized before instituting the forfeiture action. The authority authorized in this
PAGE 23


subsection shall not preclude the ability of the agency to pursue other remedies,
including, but not limited to, revocation of license, assessment of fines.
3. Forfeiture may not be made of an item subsequently sold to an innocent purchaser
in good faith. The burden of proof as to whether the purchaser purchased the item
innocently and in good faith shall be on the purchaser.
4. An item forfeited under this section shall be disposed of at the discretion of the
[Department]. Any proceeds from the disposal of a conveyance must be deposited in
the Aquatic Invasive Species fund.
XIV. Governmental Immunity

[Placeholder for language immunizing Department from liability associated with

inspection/decontamination].
XV.

Local Authority

1. This article does not preempt a city, county, or other unit of local government from
adopting more protective local regulations or ordinances to prevent, control,
contain, monitor, or eradicate aquatic invasive species.
2. [Placeholder for language authorizing the development of Local Programs a. Local programs must meet minimum state standards, per [Dept] regulation,
which would include local entities submit their program plans for certification,
trained/certified inspection locations and/or inspectors, ongoing monitoring;
retraining; continued poor performance may result in decertification of the
plan.
b. If implementation of a local program found to be in non-compliance of the
state standard, state may require retraining, recertification, or may result in
decertification of the local plan.
c. Other entities may also be allowed to submit plans for certification – resort
lakes, civic groups, non-profits, etc.]

n
o

d
–
t te
f
a la
r
D cu
r

t
o

XVI. Cooperative Agreement

1. In order to implement, administer, and accomplish the purposes of this part, the
departments, collectively or individually, shall enter into a cooperative agreement
PAGE 24


with each other or may enter into an agreement with any person with the
appropriate expertise and administrative capacity to perform the obligations of the
agreement.
a. Prior to entering an agreement with a person other than a department, the
departments shall work in collaboration with each other to coordinate their
respective responsibilities in order to further the purposes of this part.
b. A cooperative agreement may include provisions for funding to implement the
agreement.
XVII. Reciprocity

1. The [Department] is authorized to enter into reciprocal agreements with
corresponding state officials of other states for purposes of providing for the
recognition of aquatic invasive species programs at least as restrictive as those in
this state.
2. If any other state has conveyance inspection and decontamination standards and
protocols at least equal to those established by this chapter, the [Department], upon
determining that such standards are being enforced [how?], shall place the other
state on a reciprocity list.
3. Any conveyance that bears a seal of any state which has been placed on the

reciprocity list, will …
4. A conveyance that does not bear the seal herein provided shall not be permitted to
come into contact with a water of the state without first complying with the
requirements of this article and implementing regulations.

t
o

5. [Placeholder for language authorizing or encourage information sharing, i.e.
Databases to facilitate interstate communication on boater registration/violations
a. RISS Network – for violations – run by DOJ FWS working with them to
integrate Wildlife violations].

n
o

d
–
t te
f
a la
r
D cu
r

XVIII. Aquatic Invasive Species Fee

1. A person shall not operate a conveyance on the waters of this State unless the
person has paid to the [Department] the aquatic invasive species fee established
pursuant to subsection 2.

PAGE 25