The game, fish and parks secretary shall conduct investigation on nongame, endangered, or threatened wildlife to develop information relating to population, distribution, habitat needs, limiting factors, and other biological and ecological data to determine management measures necessary to ensure their perpetuation as viable components of their ecosystem and for human enjoyment.
Citation: SDCL § 34A-8-2.
The secretary of agriculture and the secretary of game, fish and parks shall establish programs, with legislative approval and may enter into cooperative agreements with federal and state agencies or with private persons as deemed necessary for the management of nongame, endangered, or threatened species. The secretaries shall establish and conduct control programs at state expense on private lands that are encroached upon by prairie dogs from contiguous public lands.
Citation: SDCL § 34A-8-7.
Except as otherwise provided in this chapter, no person may take, possess, transport, import, export, process, sell, or offer for sale, buy or offer to buy, nor may a common or contract carrier transport or receive for shipment, any species of wildlife or plants appearing on the following lists:
(1) The list of wildlife and plants indigenous to the state determined to be endangered or threatened within the state pursuant to §§ 34A-8-3 and 34A-8-4.
(2) The United States list of endangered or threatened native wildlife effective on January 1, 1977.
(3) The United States list of endangered or threatened foreign wildlife effective on January 1, 1977.
(4) The United States list of endangered or threatened plants effective on January 1, 1977.
Citation: SDCL § 34A-8-9.
No species that is currently extinct in this state and that has been placed on the threatened or endangered species list pursuant to the federal “Endangered Species Act of 1973,” as amended to January 1, 1995, may be reintroduced into this state through action by any federal, state, or local governmental entity, unless the Legislature has specifically enacted legislation naming the species and specifying the manner of reintroduction.
Citation: SDCL § 34A-8-13.
The Board of Minerals and Environment shall notify the Department of Game, Fish and Parks of the area proposed for the uranium exploration operation and any modifications proposed in a renewal application. The board shall include any restrictions concerning riparian habitat or threatened or endangered species as notified, in writing, by that department within the terms and conditions of an approved or renewed permit. The operator shall abide by any reasonable restrictions, subject to review and approval by the board at the request of the operator, concerning riparian habitat as notified by that department. Restrictions concerning riparian habitat for exploration operation activities are limited to such habitat located within one hundred feet of each stream bank. Further, restrictions concerning riparian habitat may include temporarily diverting the stream flow, bank restoration, and revegetation of the riparian habitat area. Revegetation of the riparian habitat area shall be agreed upon by both the Department of Game, Fish and Parks and the Department of Agriculture before notifying the operator.
Citation: SDCL § 45-6D-13.
Upon receipt of a notice of intent to conduct an exploration operation, the Department of Environment and Natural Resources shall notify the Department of Game, Fish and Parks of the area proposed for the exploration operation. The operator shall abide by any reasonable restrictions subject to review and approval by the Board of Minerals and Environment at the request of the operator concerning riparian habitat or threatened or endangered species as notified, in writing, by that department within thirty days of the filing of the notice. Restriction concerning riparian habitat for exploration activities are limited to such habitat located within one hundred feet of each stream bank. Such restrictions concerning riparian habitat may include temporarily diverting the stream flow, bank restoration, and revegetation of the riparian habitat area. Revegetation of the riparian habitat area shall be agreed upon by both the Department of Game, Fish and Parks and the Department of Agriculture before notifying the operator. A copy of any such restrictions shall be filed with the department by the Department of Game, Fish and Parks.
Citation: SDCL § 45-6C-10.
The applicant shall, as part of the reclamation plan, include a description of all critical resources potentially affected by the mining operation and plans for mitigating potential impacts to such critical resources. Critical resources shall be addressed by the applicant during the evidentiary portion of a contested case hearing before the board on the mine permit application.
For purposes of this chapter, critical resources include the following:
(1) Wildlife--critical deer winter range, threatened or endangered species, and any other critical wildlife resource identified by the Department of Game, Fish and Parks...
(3) Vegetation--riparian zones, mountain meadows, wetlands, and threatened or endangered species...
Citation: SDCL § 45-6B-92.
The reclamation plan shall be based on provision for, or satisfactory explanation of, all general requirements for the type of reclamation proposed to be implemented by the operator. Reclamation is required on all affected lands except as provided in §§ 45-6B-8 and 45-6B-9. The reclamation plan shall include:...
(4) A preliminary wildlife survey of the affected land conducted by the Department of Game, Fish and Parks, paid for by the applicant, or conducted by a competent person approved by that department. Such survey shall include a description of the dominant species of wildlife inhabiting the area. The operator shall abide by any reasonable restrictions subject to review and approval by the Board of Minerals and Environment at the request of the operator concerning riparian habitat or threatened or endangered species as notified by that department. Restrictions concerning riparian habitat for mining operation activities are limited to such habitat located within one hundred feet of each stream bank. Further, restrictions concerning riparian habitat may include temporarily diverting the stream flow, bank restoration, and revegetation of the riparian habitat area...
Citation: SDCL § 45-6B-7.
No permit may be issued for a mining operation proposed on unsuitable land. Land is unsuitable if the following conditions cannot be satisfactorily mitigated:...
(5) The biological productivity of the land is such that the loss would jeopardize threatened or endangered species of wildlife indigenous to the area...
Citation: SDCL § 45-6B-33.
The operator shall obtain a permit from the Board of Minerals and Environment by filing an application with the board that shall set forth the following information:...
(8) A preliminary wildlife survey conducted by the Department of Game, Fish and Parks, paid for by the applicant, or conducted by a competent person approved of by the Department of Game, Fish and Parks. The cost of a survey conducted by the Department of Game, Fish and Parks may not exceed one hundred dollars. The operator shall abide by any reasonable restrictions subject to review and approval by the board at the request of the operator concerning riparian habitat or threatened or endangered species as notified by that department. Restrictions concerning riparian habitat for mining operation activities are limited to such habitat located within one hundred feet of each stream bank. Further, restrictions concerning riparian habitat may include temporarily diverting the stream flow, bank restoration, and revegetation of the riparian habitat area...
Citation: SDCL § 45-6B-54.