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 to be considered:

1. (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. (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; SL 2021, ch 1 (Ex. Ord. 21-3 ), § 51, eff. Apr. 19, 2021.