34A-8A-1      Definitions of terms in §§ 34A-8A-2 to 34A-8A-7.
34A-8A-2      Promulgation of list of species of management concern--Factors considered.
34A-8A-3      Joint promulgation of rules.
34A-8A-4      Departments authorized to render assistance regarding species of management concern.
34A-8A-5      Acts or omissions constituting nuisances.
34A-8A-6      Remedies for nuisances.
34A-8A-7      Abrogation of certain previous designations.
34A-8A-8      Prairie dog management plan.
34A-8A-9      Changes or amendments to the state prairie dog management plan--Approval by Legislature.

34A-8A-1. Definitions of terms in §§ 34A-8A-2 to 34A-8A-7.

Terms used in this chapter mean:

(1)    "Departments," the Department of Game, Fish, and Parks and the Department of Agriculture and Natural Resources;

(2)    "Species of management concern," a species designated by the secretary of the Department of Agriculture and Natural Resources and the Game, Fish and Parks Commission as a species which shares the dual status of requiring both control and protection.

Source: SL 2001, ch 191, § 1; SL 2021, ch 1 (Ex. Ord. 21-3), § 51, eff. Apr. 19, 2021.

34A-8A-2. Promulgation of list of species of management concern--Factors considered.

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.

Source: SL 2001, ch 191, § 2; SL 2021, ch 1 (Ex. Ord. 21-3), § 51, eff. Apr. 19, 2021.

34A-8A-3. Joint promulgation of rules.

Rules promulgated pursuant to § 34A-8A-2 shall be conducted jointly by both the Department of Agriculture and Natural Resources and the Game, Fish and Parks Commission, including joint notice, publication, hearings, and decision-making.

Source: SL 2001, ch 191, § 3; SL 2021, ch 1 (Ex. Ord. 21-3), § 51, eff. Apr. 19, 2021.

34A-8A-4. Departments authorized to render assistance regarding species of management concern.

If so requested, the departments may render assistance and advice regarding species of management concern including:

(1)    Providing information to the public and property owners regarding the species of management concern and its characteristics, ecosystem values, and habitat; and

(2)    Providing assistance in the development of conservation plans or control projects regarding the species of management concern.

Source: SL 2001, ch 191, § 4.

34A-8A-5. Acts or omissions constituting nuisances.

The following acts or omissions constitute nuisances:

(1)    Engaging in practices which allow or cause a species of management concern to encroach upon the property of another or injure or endanger the property of another; or

(2)    Failure to control the species of management concern thereby causing encroachment on the property of another or causing injury to or endangering the property of another.

Source: SL 2001, ch 191, § 5.

34A-8A-6. Remedies for nuisances.

In addition to any other remedies at law, the remedies set forth in chapter 21-10 apply to the nuisances described in § 34A-8A-5. These remedies include civil action, including injunctive relief and recovery of damages, and abatement. Abatement, if ordered by the court, shall include reimbursement for any reasonable and necessary costs incurred in abating the nuisance.

Source: SL 2001, ch 191, § 6.

34A-8A-7. Abrogation of certain previous designations.

Designation as a species of management concern abrogates any previous designation as a weed or pest.

Source: SL 2001, ch 191, § 7.

34A-8A-8. Prairie dog management plan.

The Department of Game, Fish and Parks and the Department of Agriculture and Natural Resources are directed to develop a state prairie dog management plan. The plan shall formulate state management actions that will serve to prevent the prairie dog from being listed as a federal threatened or endangered species. If such plan or any agreement adopted pursuant to such plan contains provisions for incentive payments to private landowners for managing prairie dog habitat or restricts private landowner rights to use any means of controlling prairie dogs on their property, the plan or any agreement adopted pursuant to such plan shall be submitted to the South Dakota Legislature, in bill form, for approval, prior to it becoming effective.

Source: SL 2002, ch 169, § 1; SL 2021, ch 1 (Ex. Ord. 21-3), § 51, eff. Apr. 19, 2021.

34A-8A-9. Changes or amendments to the state prairie dog management plan--Approval by Legislature.

The Department of Agriculture and Natural Resources and the Department of Game, Fish and Parks shall submit any changes or amendments to any plan approved by the Legislature pursuant to § 34A-8A-8 for legislative approval before the changes or amendments may take effect.

Source: SL 2005, ch 195, § 2; SL 2021, ch 1 (Ex. Ord. 21-3), § 51, eff. Apr. 19, 2021.