Current through the 2023 Regular Session
Section 80-7-1014 - Penalty(1) Except as provided in subsection (2), the following penalties apply: (a) The offense of negligently violating the provisions of 80-7-1010 through 80-7-1012 and 80-7-1015 or rules adopted under 80-7-1010 through 80-7-1012 and 80-7-1015 pertaining to an invasive species management area or the statewide invasive species management area is a misdemeanor punishable by a fine not to exceed $500 for the first offense and $750 for subsequent offenses.(b) The offense of purposely or knowingly violating the provisions of 80-7-1010 through 80-7-1012 and 80-7-1015 or rules adopted under 80-7-1010 through 80-7-1012 and 80-7-1015 pertaining to an invasive species management area or the statewide invasive species management area is a misdemeanor punishable by a fine not to exceed $975. In addition, the person shall forfeit the following as issued by this state: (i) any current fishing license and the privilege to fish in this state for a period of time set by the court; and(ii) any current sticker or decal required under this part to operate a vessel on the waters of this state.(c) Purposely or knowingly attempting to introduce an invasive species in Montana is a felony. Any person found guilty under this subsection (1)(c) is subject to a criminal penalty of up to 2 years in prison, a fine not to exceed $10,000, or both. A person convicted of violating this subsection (1)(c) may also be required to surrender an involved vessel and pay restitution for any cost incurred to mitigate the effect of the violation.(d) A civil penalty not to exceed $2,500 may be imposed on any person who violates any other provision of 80-7-1010 through 80-7-1012 and 80-7-1015 or rules adopted under 80-7-1010 through 80-7-1012 and 80-7-1015 not enumerated in subsections (1)(a) through (1)(c).(2) A warning without penalty may be issued to any person violating the provisions of 80-7-1010 through 80-7-1012 and 80-7-1015 or rules adopted under 80-7-1010 through 80-7-1012 and 80-7-1015 if it is determined that a warning best serves the public interest.(3) Civil penalties collected under this section must be deposited in the general fund.Amended by Laws 2017, Ch. 348,Sec. 12, eff. 5/7/2017.Amended by Laws 2013, Ch. 354, Sec. 10, eff. 4/30/2013.En. Sec. 14, Ch. 429, L. 2009.