Montana Aquatic Invasive Species Act

During the 2009 Legislative Session, we passed Senate Bill 343, an act creating the Montana Aquatic Invasive Species Act. It defines departmental responsibilities, encourages cooperation among public and private entities, grants rulemaking authority, authorizes the use of management areas to prevent the spread of aquatic invasive species, provides for the prevention and control of infestations, authorizes inspection of the exterior of vessels for aquatic invasive species, prohibits the transfer or transport of aquatic invasive species, and authorizes emergency declarations and provision for civil and criminal penalties.

During the 2009 Legislative Session, we passed Senate Bill 343, an act creating the Montana Aquatic Invasive Species Act. It defines departmental responsibilities, encourages cooperation among public and private entities, grants rulemaking authority, authorizes the use of management areas to prevent the spread of aquatic invasive species, provides for the prevention and control of infestations, authorizes inspection of the exterior of vessels for aquatic invasive species, prohibits the transfer or transport of aquatic invasive species, and authorizes emergency declarations and provision for civil and criminal penalties.

The Montana Aquatic Invasive Species Act allows the Montana Department of Agriculture to propose the adoption of the New Rule 1 Eurasian Watermilfoil Management Area. The purpose of the management area is to prevent the spread of Eurasian watermilfoil. Eurasian watermilfoil is a state listed noxious weed. The plant is an extremely aggressive, non-native aquatic weed that poses a serious threat to Montana's rivers, lakes and irrigation infrastructure.

The proposed New Rule 1 rule will establish a Eurasian Watermilfoil Management area covering the Noxon and Cabinet Gorge reservoirs, the lower Clark Fork River, and the mouths of associated tributaries. The area includes a setback beyond full pool or high water mark which begins at Plains and extends to the Montana-Idaho border. Also included is the land beneath two check stations at the junction of Highway 200 and 56 with an eighth of a mile extension along the highways in each direction as well as the junction of Highway 200 and Highway 28 near Plains with an eighth of a mile extension along the highways in each direction. This combined area is established to prevent the spread of Eurasian Watermilfoil. All water-type vessels, including live wells and trailers, must stop at the check stations to be inspected. And the check stations may mandate cleaning if the vessels appear to be potentially contaminated.

Currently, Eurasian watermilfoil infests only a limited area in the Noxon and Cabinet Gorge Reservoirs. This is the first established population of Eurasian watermilfoil in the state. The limited number of infested acres at this time permits feasible and cost effective containment. The primary means by which Eurasian watermilfoil can be spread is through plant fragments entrapped on watercraft and boat trailers. The high recreational use and movement of watercraft from these water bodies to the rest of Montana, combined with the significant impacts of this noxious weed, creates a significant risk to Montana. The management area will prevent the spread of Eurasian watermilfoil through the education of boaters as well as the inspection of watercraft and trailers leaving the infested water bodies. The mandatory inspection stations will ensure all watercraft and associated trailers are inspected. Watercraft and trailers found to be contaminated will be cleaned at no cost.

Eurasian watermilfoil's environmental effects include the reduction of water quality, displacement of native plant communities, decreased sport fish populations through lower predation success and reduced spawning, and increased habitat for undesirable species such as mosquitoes, which may spread diseases to humans and parasites that cause swimmers itch.

Eurasian watermilfoil economic impacts include reduced recreational value through the loss of angling, boating, swimming, water skiing and near shore recreation, reduced profitability of agricultural production by clogging ditches, canals, farm ponds and irrigation equipment, decreased property values and increased costs for electrical generation and municipal water supplies.

Please remember this proposed management area will play an important role to the residents and visitors of Sanders County for years to come. You have an opportunity to have your voice heard. For those of you interested in submitting your comments, data, views, or arguments for or against the proposed action, you can do so either orally or in writing.

Oral comments will be taken at a public hearing held on June 3, at 3 p.m. in Room 225 of the Scott Hart Building, 303 N. Roberts at Helena, Montana. Written comments may be sent to Cort Jensen, Montana Department of Agriculture, P.O. Box 200201, Helena, MT 59620-0201, or by faxing them to (406) 444-5409 or by email to agr@mt.gov. All comments must be received by 5 p.m. on June 10. If you wish to discuss the proposed rules, have any questions or need additional information, please contact the department at (406) 444-3144 or by e-mail at agr@mt.gov.