2 Colo. Code Regs. § 405-8-805

Current through Register Vol. 48, No. 1, January 10, 2025

Section 2 CCR 405-8-805 - IMPOUNDMENT

A. All vessels or other floating devices are subject to impoundment if:

1. The person in possession of the vessel or other floating device refuses to allow an inspection of the vessel or other floating device to be conducted by an authorized agent or qualified peace officer.

2. The person in possession of the vessel or other floating device refuses to allow a decontamination of the vessel or other floating device when decontamination is ordered by a qualified peace officer.

3. The vessel is unable to be fully decontaminated or the ANS are unable to be completely removed for any reason.

B. If the person in charge of the vessel or other floating device is not the registered owner then the registered owner shall be notified by mail, return receipt requested, within ten days of the location of the impounded vessel or other floating device. Such notification must also include contact information for the qualified peace officer ordering the impoundment. If the registered owner is present when the vessel or other floating device is ordered impounded, then the same information shall be provided to the registered owner at the time the order is issued.

C. All vessels or other floating devices will be held in impound at the risk and expense of the owner. A vessel or other floating device under impound for non-compliance with aquatic nuisance species laws may be released only after a qualified peace officer is satisfied by inspection or quarantine that the vessel or other floating device is no longer a threat to the aquatic resources and water infrastructure of the state. Only a qualified peace officer may authorize the release of the vessel or other floating device.

D. No vessel or other floating device impounded may be moved or released until an impound release form is signed and executed by a qualified peace officer. The Division will provide impound release forms.

2 CCR 405-8-805

38 CR 19, October 10, 2015, effective 11/1/2015

40 CR 03, February 10, 2017, effective 3/2/2017

41 CR 03, February 10, 2018, effective 3/2/2018

44 CR 03, February 10, 2021, effective 3/2/2021

44 CR 19, October 10, 2021, effective 11/1/2021

45 CR 03, February 10, 2022, effective 3/2/2022

45 CR 07, April 10, 2022, effective 5/1/2022