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S.D. Codified Laws § 34A-8A-2

Promulgation of list of species of management concern--Factors considered

Applied in 1 court decision — leading case Adrian v. Vonk (2011)

Most recently applied in Adrian v. Vonk (December 2011)

Source: SL 2001, ch 191, § 2; SL 2021, ch 1 (Ex

The secretary of the Department of Agriculture and Natural Resources and the Game, Fish and Parks Commission shall establish, by rules promulgated pursuant to chapter 1-26, a list of species of management concern. In determining whether a species should be listed, the following factors are to be considered:

(1) Whether the species or its habitat, or both are of value ecologically and aesthetically and at the same time burdensome for property owners; and

(2) Whether the species may warrant protection at times and control at others depending on the rate of reproduction, climate, disease, population viability, and other factors.

Official source: South Dakota Legislature. Reproduced from public-domain South Dakota statutes; confirm against the official source for the current text. Not legal advice.