34A-8A-2. Promulgation of list of species of management concern--Factors considered. 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.Source: SL 2001, ch 191, § 2.