Prairie dog control and protection.
ENTITLED, An Act to
authorize the Department of Agriculture and the Department of Game, Fish
and Parks to designate certain species as needing both control and protection.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Terms used in this chapter mean:
(1) "Departments," the Department of Game, Fish, and Parks and the Department of
(2) "Species of management concern," a species designated by the secretary of the
Department of Agriculture and the Game, Fish and Parks Commission as a species which
shares the dual status of requiring both control and protection.
The secretary of the Department of Agriculture 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.
Rules promulgated pursuant to section 2 of this Act shall be conducted jointly by
both the Department of Agriculture and the Game, Fish and Parks Commission, including joint
notice, publication, hearings, and decision-making.
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.
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.
In addition to any other remedies at law, the remedies set forth in chapter 21-10
apply to the nuisances described in section 5 of this Act. 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
Designation as a species of management concern abrogates any previous designation
as a weed or pest.
Signed March 3, 2001.