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 […]
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 […]
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, […]
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 […]
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 […]
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 […]
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. […]
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. […]