Sec. 01.01.2017.17. Back River Midge Reduction

A. The Department of Agriculture (the “Department”), in consultation with the Department of Natural Resources, may use the services of a third-party vendor to disseminate, place, or spread Bti in areas of the Back River that have been identified as “hot spots” for midges.

B. In accordance with applicable budgetary and procurement laws, the Department may, to eradicate the infestation of midges on the Back River, expend general funds of the State, funds appropriated in the State budget, or funds otherwise available for use in controlling insects that are a menace to the welfare of the people of the State.

C. In accordance with applicable budgetary and procurement laws, the Department may operate, sell, buy, lease, exchange, rent, or repair any vehicle, vessel, boat, net, or other equipment necessary for the retardation, eradication, elimination, or destruction of the infestation of midges on the Back River.

D. Work to eradicate the infestation of midges on the Back River may be executed by the Department by contract or open account, as is deemed in the State’s best interest.

E. To eradicate the infestation of midges on the Back River, the Department may enter any public or private land or property, vehicle, vessel, or aircraft in the State.

F. The Department shall, in conjunction with the Department of Natural Resources, review the effectiveness of the efforts to eradicate the infestation of midges on the Back River.

G. The Department shall cooperate with agencies of the United States, other State agencies, and other persons in carrying out the eradication of the infestation of midges on the Back River.

H. The Department may, in conjunction with the Department of Natural Resources, adopt any regulations desirable to carry out the eradication of the infestation of midges on the Back River.

Effective date: August 10, 2017