SOUTH DAKOTA

The state's population density is 9 people per square mile. The overall risk to ecosystems is moderate. Population density has increased 2 percent since 1982. The amount of developed land increased 6 percent between 1982 and 1992. Forty percent of the original wetland acreage in the state has been drained. Forty-seven of the native grassland areas in the state had been lost by 1977. The state has 11 federally listed threatened and endangered species.

Biological Diversity Policy

South Dakota does not have a formal biodiversity policy. However, the Wildlife Diversity Program has as its goal the protection of the species and habitats that comprise the biological diversity of the state "in a manner that meets the needs and desires of the citizens of the state." Statutory policies are geared toward the conservation of water and soils to help preserve wildlife. (S.D. Codified Laws Ann. 34A-2-1, 38-7-1)

Status of Biodiversity Science

South Dakota does not have a coordinated assessment system in place. Instead, the state relies on its Natural Heritage database. In addition to inventorying species and natural communities, the program monitors 224 plant species and 194 animal species. GAP was scheduled to begin in 1995.

Endangered Species

South Dakota has an endangered species law that covers animals and plants. (S.D. Codified Laws Ann. 34A-8-1 et seq.) Listings are based on scientific, commercial and other data. The law does not require recovery plans, critical habitat designation or agency consultation. Penalties for violation include fines up to $200 and imprisonment up to 30 days.

State Agency Management for Biodiversity

State-owned Lands

No requirements for management of state lands for biological diversity were identified by the research.

Cooperative Efforts

Cooperative efforts exist, however. Project Bootstrap encourages effective land management in critical agricultural areas to minimize adverse environmental impacts such as soil erosion. The project is run by two state agencies in cooperation with the federal government. In addition, the Coordinated Soil and Water Conservation Plan is run by the state in cooperation with the U.S. Fish and Wildlife Service to provide wildlife habitat by increasing the amount of wetlands. The state forester is authorized to cooperate with the federal government to assist landowners in tree planting for forest cover for water conservation and wildlife habitat. (S.D. Codified Laws Ann. 41-20-9)

State Agency Training

Comprehensive programs of agency personnel training for biodiversity do not exist, although the Department of Game, Fish and Parks participates in an in-house biodiversity training program.

Impact Assessment

South Dakota does not require assessment of agency actions for impacts to biological diversity. However, South Dakota environmental regulatory programs including Solid/Hazardous Waste, Water Quality, and Mining, all include provisions requiring assessment of impacts to wetlands and other fish and wildlife habitat and threatened or endangered species.

Habitat Acquisition

South Dakota has few programs to acquire land for wildlife habitat. The South Dakota Game, Fish and Parks Department utilizes monies from hunting and fishing license fees for land acquisition. Most of the lands purchased are identified as game production areas. Lands acquired as state parks require legislative approval and funding. The South Dakota Game, Fish and Parks Foundation is also set up to accept donations of land which it then conveys to the Department.

Private land Conservation

South Dakota has some private land conservation programs. Conservation easements are authorized by statute. (S.D. Codified Laws Ann. 1-19B-56) A Forest Stewardship Program works with private landowners to encourage tree planting and provides a cost-share program for tree belts. A Wetlands Restoration Program helps to develop wetlands habitat and associated cover. The Pheasants for Everyone Program includes activities such as tree planting, fencing and game habitat improvement.

Exotic Species

South Dakota has some provisions designed to control the introduction and spread of exotic species. The Weed and Pest Control Law regulates noxious weeds and pest animals. (S.D. Codified Laws Ann. 38-22-1.1 et seq.) The South Dakota Department of Agriculture's Animal Industry Board regulates the importation and possession of certain exotic mammals including the prohibition of some species. The Department of Game, Fish and Parks prohibits the release of any privately owned exotic bird species into the wild, and it is a class 2 misdemeanor to introduce any fish or fish eggs into public waters without permission from the state. (S.D. Codified Laws Ann. 41-13-3) In addition. the Secretary of Agriculture may authorize a quarantine or embargo to prevent or retard the spread of any species determined to constitute a threat. (S.D. Codified Laws Ann. 38-24A-6)

Predator or Animal Damage Control Activities

South Dakota has an animal damage control program that is operated in conjunction with the federal government. The federal agency provides financial assistance, while the state conducts the day-to-day operations. In addition, the state has a program to provide control of technical assistance for prairie dogs on private lands. (S.D. Codified Laws Ann. 40-36-3.1)

Additional Legal Protections for Biodiversity

South Dakota has a law authorizing citizen suits for acts of environmental harm. (S.D. Codified Laws Ann. 34A- 10- 1)

Related Issues

The state participates in Project WILD. The state used to run Project Save, a teacher training program that discussed issues of biodiversity, but the program was discontinued in 1995 due to lack of funding. South Dakota may publish a wildlife viewing guide in the future.

In 1995, South Dakota legislators defeated a takings bill but passed a non-binding takings resolution. The resolution urges the protection of landowner rights and compensation for losses dues to environmental regulation. (Senate Concurrent Resolution 10)

Contacts:

Department of Agriculture
523 E. Capitol
Foss Bldg.
Pierre, SD 57501-3182
605-773-3375

Game, Fish and Parks Department
523 E. Capitol
Pierre, SD 57501-3182
605-773-3387

State Extension Services
South Dakota State University
P.O. Box 2207D
Brookings, SD 57007
605-688-4792

South Dakota ADC State Director
5940 S. 58th Street
P. O. Box 81866
Lincoln, NE 68501-1866
402-434-2340


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New Mexico Center for Wildlife Law
University of New Mexico School of Law
1117 Stanford NE, Albuquerque, NM 87131
(505) 277-5006
lprovenc@unm.edu