23-2-541. Aquatic invasive species prevention pass for nonresident vessels -- rulemaking. (1) In order for a motorized vessel exempt from registration in Montana pursuant to 61-3-321 or a nonmotorized vessel owned by a nonresident to launch on the waters of this state, the operator must possess an aquatic invasive species prevention pass purchased for the vessel, available for inspection either in physical form or as an electronic copy at the request of a warden, another officer, or an employee of the department. The pass must include a description of the vessel for which it was purchased.

(2) (a) The annual fee for an aquatic invasive species prevention pass purchased pursuant to this section is:

(i) $10 for a nonmotorized vessel; and

(ii) $30 for a motorized vessel.

(b) The pass expires at the end of each calendar year and is not transferable between vessels.

(3) Fees collected pursuant to this section must be deposited in the invasive species account established in 80-7-1004.

(4) The department may adopt rules to implement the provisions of this section.

(5) The provisions of this section do not apply to a motorized vessel owned or controlled by the United States or any state, county, city, special district as defined in 18-8-202, or tribal government or to a motorized vessel that meets the description of property exempt from taxation under 15-6-201(1)(d), (1)(n), or (1)(o) or 15-6-215.

(6) For the purposes of this section, the term "nonmotorized vessel" includes catamarans, drift boats, kayaks, rafts, and sailboats.