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CHAPTER 40-3
STATE ANIMAL INDUSTRY BOARD
40-3-23. Definitions.
Terms used in this section and in '' 40-3-24 to 40-3-26, inclusive, mean:
(1) "Animal," any mammal, bird, reptile, amphibian or fish, except humans;
(2) "Captive nondomestic animal," any nondomestic animal or hybrid thereof held in man-made confinement or physically altered to limit movement and facilitate capture;
(3) "Domestic animal," any animal that through long association with man, has been bred to a degree which has resulted in genetic changes affecting the temperament, color, conformation or other attributes of the species to an extent that makes it unique and different from wild individuals of its kind;
(4) "Free-roaming animal," any animal not in captivity, other than a domestic animal; and
(5) "Nondomestic animal," any animal that is not domestic.
Source: SL 1993, ch 311, ' 1.
No person may bring into this state or possess in the state any nondomestic mammal unless the mammal is allowed in the state pursuant to ' 4040-3-25. This section is effective on the date the rules promulgated pursuant to ' 40-3-25 are effective. Any violation of this section is a Class 2 misdemeanor.
Source: SL 1993, ch 311, ' 2.
Cross-references. Penalties for classified misdemeanors, ' 22-6-2.
Commission Note. As of the date of publication of the 1995 Pocket Supplement, no rules had been promulgated to ' 40-3-25
The animal industry board shall promulgate rules pursuant to chapter 1-26 to allow to be brought into the state any nondomestic mammals which the board determines would be safe to the public and to the free-roaming animals of the state. Before such rules may be adopted, the animal industry board shall consult with the game, fish and parks commission.
Source: SL 1993, ch 311. ' 3.
The animal industry board shall, by rules promulgated pursuant to chapter 1-26, regulate the breeding, raising, marketing and transportation of any captive nondomestic animal of the mammalia class and the products thereof which is allowed in the state pursuant to ' 40-3-25. The rules may provide the following:
(1) Require a permit of any person possessing such animals;
(2) Prescribe the application procedures for a permit;
(3) Require a legal description of the premises where such animals are held;
(4) Require an inventory of such animals at the time of application and require reports to provide for the continual accounting of such animals and their offspring;
(5) Require the marking of such animals for identification purposes;
(6) Require facilities and procedures to ensure such animals to be confined from free-roaming animals;
(7) Establish facility requirements and procedures for identification and inspection of such animals by the board;
(8) Establish the grounds for denial, suspension or revocation of a permit and for the seizure and disposition of any unlawfully held animal; and
(9) Establish a fee for a permit which may not exceed one hundred dollars.
Source: SL 1993, ch 311. ' 4.
The provisions of SDCL 40-14-2 apply to imported nondomestic animals
Source: 10 SDR 61, effective December 18, 1993; 12 SDAR 128, 12 SDR 154, effective July 1, 1986; 16 SDR 40, effective September 3, 1989.
General Authority: SDCL 40-3-14, 40-5-8.6
Law Implemented: SDCL 40-5-8
Source: 10 SDR 61, effective December 18, 1983; 10 SDR 123, effective May 20, 1984; 12 SDR 128, 12 SDR 154, effective July 1, 1986; repealed, 16 SDR 40, effective September 3, 1989.
A permit from the board is required to import nondomestic animals. In addition, a permit as described in ' 12:68:18:03 is required to possess in South Dakota any nondomestic mammal, or any of its hybrids, listed in this section:
(1) Of the Carnivora, all nondomestic members of the following families:
(a) Felidae;
(b) Canidea;
(c) Ursidea;
(d) Mustelidae; and
(e) Hyaenidae;
(2) Of order Artiodactyla, all nondomestic members; and
(3) Of the order Perissodactyla, all nondomestic members of the following families:
(a) Tapiridae; and
(b) Rhinocerotidae.
Source: 10 SDR 61, effective December 18, 1983; 12 SDR 128, 12 SDR 154, effective July 1, 1986; 16 SDR 40, effective September 3, 1989; 18 SDR 55, effective September 23, 1991, 20 SDR 96 effective December 31, 1993.
General Authority: SDCL 40-3-14, 40-3-25, 04-3-26, 04-5-8.6
Law Implemented: SDCL 40-3-24 to 40-3-26, 40-5-8 Cross-Reference: Types of permits -- Fees, 12:68:03.03
The board may issue only a temporary permit or zoo permit for possession of the following nondomestic mammals or any of their hybrids. Possession of these mammals is otherwise specifically prohibited:
(1) Of the family Suidae, all nondomestic members; and
(2) Of the family Canidae, genus Nyctereutes, species procyonoides (raccoon dog).
A person possessing before December 31, 1993, a nondomestic mammal listed in this section may not translocate, purchase additions, or market the mammal within South Dakota. A person possessing such a mammal must quarantine the mammal and must obtain a grandfather permit until the mammal is disposed of.
Source: 20 SDR 96, effective December 31, 1993.
General Authority: SDCL 40-3-14, 40-3-25, 40-3-26, 40-5-8.6
Law Implemented: SDCL 40-3-24 to 40-3-26, 40-5-8.
Cross-Reference: Types of permits -- Fees, 12:68:18:03.03.
The board shall issue the following permits to persons who meet the requirements of this chapter and pay the required fee:
(1) Entry permit (no fee) - a permit allowing importation of captive nondomestic animals into South Dakota which may be granted by telephone;
(2) Temporary permit ($10) - a permit issued to an individual to possess for not more than 14 days a captive nondomestic mammal specifically prohibited in '12:68:18:03.01 or restricted in '12:68:18:03.02;
(3) Grandfather permit ($10 an animal to a maximum of $100) - a permit issued to an individual who possesses before December 31, 1993, mammals prohibited in '12:68:18:03.01 or restricted in '12:68:18:03.02;
(4) Dealer auction permit ($100) - an annual permit issued to an individual or group solely for the purpose of brokering, leasing, purchasing, or selling mammals listed in this chapter whether or not a fee or other compensation is charged for such services;
(5) Possession permit ($10 an animal up to a maximum of $100) - a permit issued for the possession of mammals listed in this chapter for any reason other than the conditions described in subdivisions (2), (3), and (4) of this section;
(6) Zoo permit ($10 an animal to a maximum of $100) - a permit issued to nonprofit exhibitors of nondomestic mammals. A zoo permit allows the possession of any class of nondomestic mammals. The board may approve the permit if it determines that facilities are adequate for confinement.
Source: 20 SDR 96, effective December 31, 1993.
General Authority: SDCL 40-3-14, 40-3-25, 40-3-26, 40-5-8.6
Law Implemented: SDCL 40-3-24 to 40-3-26.
The board shall provide application forms for all permits required by this chapter. an application must be submitted to the board before the applicant may possess any of the mammals listed in '12:68:18:03. The permit application must contain all information required in '12:68:18:06. The board shall issue the permit if the following requirements are met:
(1) The required fees are received;
(2) Grounds for denial as listed in '12:68:18:09 do not exist; and
(3) The board determines that the facilities and procedures as described in the application are adequate for compliance with this chapter and to provide for the safety of other animals and humans.
Source: 20 SDR 96. effective December 31, 1993.
General Authority: SDCL 40-3-14, 40-3-25, 40-3-26, 40-5-8.6.
Law Implemented: SDCL 40-3-24 to 40-3-26.
An animal possessed under authority of a permit issued under this chapter may not be released to the wild.
Source: 20 SDR 96, effective December 31, 1993
General Authority: SDCL 04-3-14, 40-3-25, 40-3-26, 40-5-8.6.
Law Implemented: SDCL 40-3-24 to 40-3-26, 40-5-8, 40-5-8.6.
12:68:18:03.06 Escapes.
An animal possessed under authority of a permit issued under this chapter must be continuously maintained within the confines of the permitted facility. The following procedures apply to animals that escape:
(1) If an animal governed by this chapter escapes or otherwise exits the confines of the facility and is found to be free-roaming, the permittee must immediately notify the board;
(2) An animal that escapes is immediately eligible for impoundment or destruction by the board in cooperation with the department of Game, Fish and Parks;
(3) An animal that escapes is the property of the board, and the board shall determine the most expedient disposition of the impounded animal. Disposition may include return to the permittee or transfer to the Department of Game, Fish and Parks; and
(4) Expenses incurred in the capture, impoundment, care of, and transfer of ownership of escaped animals at the time of escape are the permittee's responsibility. The permittee must pay such costs to the board before the board issues or renews any permits covered by this chapter.
Source: 20 SDR 96, effective December 13, 1993.
General Authority: SDCL 40-3-14, 40-3-25, 40-3-26, 40-5-8, 40-5-8.6.
Law implemented: SDCL 40-3-14, 40-3-24 to 40-3-26, 40-5-8.
At the request of the board, a person possessing an animal by permit under this chapter must present the animal in a confined area, individually restrained, for identification and testing for purity of species. Testing for purity may include all animals permitted or a percentage, as determined by the board in consultation with the Department of Game, Fish and Parks.
Source: 20 SDR 96, effective December 31, 1993.
General Authority: SCDL 40-3-14, 40-3-25, 40-3-26, 40-5-8.6.
Law Implemented: SCDL 40-3-24 to 40-3-26, 40-5-8.
12:68:18:04 Testing of nondomestic ruminant animals. - Omitted
12:68:18:05 Nondomestic birds. - Omitted
A person possessing captive nondomestic mammals listed in '12:68:18:03 to 12:68:18:03.02, inclusive, must apply for a permit for captive nondomestic animals annually from the board by January 1. The permit application shall include the following information:
(1) The applicant's name, mailing address, and phone number;
(2) The legal description of the premises where the animals are held;
(3) An inventory by species, age, and sex of al mammals covered by this permit at application time;
(4) A listing a of all mammals added to the premises within the past 12 months and of all disappearances of mammals within the past 12 months, including purchases, sales, leases, gifts, deaths, and escapes. The list must include individual identification of all such mammals by either legible tattoo or eartag as defined in '12:68:18:07, by similar tag, or by electronic means; and
(5) A description of facilities used for confining animals for such purposes as testing and identification.
Source: 19 SDR 39, effective September 24, 1992; 20 SDR 96. effective December 31, 1993.
General Authority: SDCL 40-3-14, 40-5-8.6
Law Implemented: SDCL 38-1-41, 40-3-14, 40-5-8.6
A permit holder under '12:68:18:06 must maintain records of all additions and disappearances of animals covered by the permit requirements. All such records must be made available to the board at the request of the board. The records must include the individual identification by legible tattoo or official eartag as defined in 9 C.F.R. '71.1 (January 1, 1991), by a similar tag, or by electronic means and the name and address of all parties involved in transactions of sale, purchase, lease, loan, gift, or translocation.
Disappearances by death or escape, and any diseased animal must be reported to the board by telephone or in writing immediately. The permittee must have any animals that die autopsied at the official diagnostic laboratory for the board if requested to do so by the board. The permittee is responsible for all expenses of transporting the animals to the laboratory.
Source: 19 SDR 39, effective September 24, 1992; 20 SDR 96, effective December 31, 1993.
General Authority: SDCL 40-3-14, 40-3-25, 40-3-26, 40-5-8.6
Law Implemented: SDCL 38-1-41, 40-3-14, 40-3-24 to 40-3-26, 40-5-8.6
At the request of the board, persons possessing animals listed in ' 12:68:18:06 must present animals in a confined area, individually restrained, for identification and inspection.
Source: 19 SDR, effective September 24, 1992.
General Authority: SDCL 40-3-14, 40-5-8.6
Law Implemented: SDCL 38-1-41, 40-3-14, 40-5-8.6
Permits for possession of captive nondomestic animals may be denied, suspended, or revoked by the board for any of the following reasons:
(1) Incomplete application;
(2) Incorrect application information;
(3) Incorrect records;
(4) Not presenting animals for identification at the request of the board;
(5) Violation of any part of '' 12:68:18:06 to 12:68:18:08, inclusive; and
(6) Violation of any lawful order of the board pursuant to SDCL 40-5-8 to 40-5-8.6, inclusive, or 40-5-9.
Source: 19 SDR 39, effective September 24, 1992.
General Authority: SDCL 40-3-14, 40-5-8.6
Law Implemented: SDCL 38-1-41, 40-3-14, 40-5-8.6