Section 23-4-203 - Enforcement(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).
Amended by Laws 2022 , ch. 34, § 1, eff. 1/1/2023.Amended by Laws 2012 , ch. 64, § 1, eff. 7/1/2012.