Colorado § 33-10.5-105 - Prohibition of aquatic nuisance species - rules - penalties.

§ 33-10.5-105. Prohibition of aquatic nuisance species - rules - penalties.

(1) A person shall not:

(a) Possess, import, export, ship, or transport an aquatic nuisance species, except as authorized by the commission by rule;

(b) Release, place, plant, or cause to be released, placed, or planted into the waters of the state an aquatic nuisance species;

(c) Refuse to comply with a proper order issued under this article 10.5;

(d) Fail or refuse to reimburse the division in accordance with section 33-10.5-104 (6)(a); or

(e) If the person encounters an aquatic nuisance species check station, fail or refuse to stop at the aquatic nuisance species check station while transporting a conveyance during the check station's hours of operation without presenting the conveyance for inspection.

(2) (a) A person who knowingly or willfully violates any of the provisions in subsections (1)(a) to (1)(d) of this section:

(I) For a first offense, commits a petty offense, and, upon conviction, shall be fined five hundred dollars and issued a warning from the division of the increased penalties for subsequent violations;

(II) For a second offense, is guilty of a misdemeanor and, upon conviction, shall be fined one thousand dollars; and

(III) For a third and any subsequent offense, commits a class 2 misdemeanor and, upon conviction, shall be punished as provided in section 18-1.3-501.

(a.5) A person who knowingly or willfully violates subsection (1)(e) of this section commits a civil infraction and, upon entry of judgment, shall be fined one hundred dollars.

(b) The fine amounts collected pursuant to this subsection (2) shall be transmitted to the state treasurer, who shall credit the amounts to the division of parks and wildlife aquatic nuisance species fund, created in section 33-10.5-108.

(3) (a) A person shall not:

(I) Fail or refuse to comply with a qualified peace officer's or an authorized agent's request, pursuant to section 33-10.5-104, to stop, detain, and inspect any conveyance that the person is operating;

(II) Launch a vessel without obtaining a conveyance inspection at an aquatic nuisance species check station pursuant to section 33-10.5-103; or

(III) If required to purchase an aquatic nuisance species stamp pursuant to section 33-10.5-104.5, fail or refuse to purchase the stamp.

(b) A person who violates subsection (3)(a) of this section commits a civil infraction and, upon conviction, shall be punished by a fine of one hundred dollars.

(c) The proceeds from collection of the fines imposed pursuant to this subsection (3) shall be transmitted to the state treasurer, who shall credit the amounts collected to the division of parks and wildlife aquatic nuisance species fund created in section 33-10.5-108.

Source: L. 2008: Entire article added, p. 1586, § 1, effective May 29. L. 2018: Entire section amended, (HB 18-1008), ch. 137, p. 898, § 7, effective August 8. L. 2019: (1)(a) amended, (HB 19-1026), ch. 423, p. 3697, § 16, effective July 1. L. 2021: (1)(c), (1)(d), and IP(2)(a) amended and (1)(e) and (2)(a.5) added, (HB 21-1226), ch. 163, p. 921, § 3, effective September 7; (2)(a)(I) and (3)(b) amended, (SB 21-271), ch. 462, p. 3262, § 563, effective March 1, 2022. L. 2022: (2)(a.5) amended, (HB 22-1229), ch. 68, p. 347, § 34, effective March 1.

Editor's note: Section 47 of chapter 68 (HB 22-1229), Session Laws of Colorado 2022, provides that the act amending subsection (2)(a.5) is effective March 1, 2022, but the governor did not approve the act until April 7, 2022.

Cross references: For the short title ("Respect the Great Outdoors Act") and the legislative declaration in HB 19-1026, see sections 1 and 2 of chapter 423, Session Laws of Colorado 2019.