(1) A person shall not:
Possess, import, export, ship, or transport an aquatic nuisance species, except as authorized by the commission by rule;
Release, place, plant, or cause to be released, placed, or planted into the waters of thestate an aquatic nuisance species;
Refuse to comply with a proper order issued under this article 10.5; or
Fail or refuse to reimburse the division in accordance with section 33-10.5-104
(6)(a).
(2) (a) A person who knowingly or willfully violates subsection (1) of this section:
For a first offense, is guilty of a class 2 petty offense, as defined by section 18-1.3503, and, upon conviction, shall be fined five hundred dollars and issued a warning from the division of the increased penalties for subsequent violations;
For a second offense, is guilty of a misdemeanor and, upon conviction, shall be finedone thousand dollars; and
For a third and any subsequent offense, commits a class 2 misdemeanor and, uponconviction, shall be punished as provided in section 18-1.3-501.
(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:
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;
Launch a vessel without obtaining a conveyance inspection at an aquatic nuisancespecies check station pursuant to section 33-10.5-103; or
If required to purchase an aquatic nuisance species stamp pursuant to section 3310.5-104.5, fail or refuse to purchase the stamp.
A person who violates subsection (3)(a) of this section is guilty of a class 2 pettyoffense and, upon conviction, shall be punished by a fine of one hundred dollars.
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.
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.