FOR AN ACT ENTITLED, An Act to  define unprotected birds.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
     Section  1.  That chapter 41-11 be amended by adding thereto a NEW SECTION to read as follows:

     For the purposes of this chapter, the term, unprotected birds, means any species of birds determined by the Game, Fish and Parks Commission to no longer merit protected status under §  41-11-2. The commission shall establish a list of unprotected birds, by rules promulgated pursuant to chapter 1-26, which shall include the English house sparrow, the European starling and the unbanded undomesticated pigeon (rock dove).
     Section  2.  That § 41-11-10 be amended to read as follows:
     41-11-10.   The English or European house sparrow, unbanded undomesticated pigeon (rock dove), and European starling Unprotected birds, as defined in section 1 of this Act, are not included among the birds protected by this chapter. Purple grackle, crow, magpie, brown headed cow bird, red-winged blackbird, Brewers blackbird, rusty blackbird, and the bronzed grackle may be taken when committing or about to commit depredation upon ornamental or shade trees,

agricultural crops, livestock or wildlife, or when concentrated in such numbers and manner as to constitute a health hazard or other nuisance.