12:68:18:01. Importation of nondomestic animals.
12:68:18:01.01. Importing nondomestic animals for release to the wild.
12:68:18:02. Change of ownership test. Repealed.
12:68:18:03.01. Specifically prohibited nondomestic mammals.
12:68:18:03.02. Specifically restricted nondomestic mammals.
12:68:18:03.03. Types of permits—Fees.
12:68:18:03.04. Application for permit.
12:68:18:03.05. Release of permitted animal to the wild prohibited.
12:68:18:03.08. Testing for purity of species.
12:68:18:04. Testing of nondomestic ruminant animals.
12:68:18:05. Nondomestic birds.
12:68:18:06. Annual application required.
12:68:18:07. Reporting requirements.
12:68:18:07.01. Intrastate movement requirements for nondomestic mammals.
12:68:18:08. Identification and inspection of captive nondomestic animals.
12:68:18:01. Importation of nondomestic animals.
The provisions of SDCL 40-14-2 apply to imported nondomestic animals.
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.
General Authority: SDCL 40-3-14, 40-5-8.6.
12:68:18:01.01. Importing nondomestic animals for release to the wild.
Any person desiring to import nondomestic mammals into South Dakota for release to the wild to become free roaming nondomestic mammals must comply with the following:
(1) Obtain an entry permit as described in § 12:68:18:03.03;
(2) Obtain a certificate of veterinary inspection issued by a licensed veterinarian in the state of origin.
The board may permit the entry of such animals after consulting with the South Dakota Department of Game, Fish and Parks and after holding a public hearing and considering public opinion on issuance of such a permit and only after obtaining the approval for importing such animals from the Secretary of the South Dakota Department of Game, Fish and Parks. The provisions of § 12:68:18:03.05 do not apply to any animal imported and released pursuant to this section. The Animal Industry Board may exempt such importations by the South Dakota Department of Game, Fish and Parks from the public hearing requirements of this section.
Source: 28 SDR 48, effective October 10, 2001.
General Authority: 40-3-14, 40-3-25.
Law Implemented: 40-3-14, 40-14-2, 40-3-25.
12:68:18:02. Change of ownership test. Repealed.
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61, effective December 18, 1983; 10 SDR 123, effective May 20, 1984; 12 SDR 128, 12 SDR 154, effective July 1, 1986; repealed, 16 SDR 40, effective September 3, 1989.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 § 12:68:18:03.03 is required to possess in South Dakota any nondomestic mammal, or any of its hybrids, listed in this section:
(1) Of the order Carnivora, all nondomestic members of the following families:
(a) Felidae;
(b) Canidae;
(c) Ursidae;
(d) Mustelidae; and
(e) Hyaenidae;
(2) Of the order Artiodactyla, all nondomestic members;
(3) Of the order Perissodactyla, all nondomestic members of the following families:
(a) Tapiridae; and
(b) Rhinocerotidae; and
(4) Of the order Proboscidea, all members of the following families:
(a) African elephant; and
(b) Asian elephant; and
(5) Of the order Primates.
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; 27 SDR 96, effective April 1, 2001; 34 SDR 100, effective October 22, 2007.
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.
12:68:18:03.01. Specifically prohibited nondomestic mammals.
The board may issue only a temporary permit or a zoo permit for possession of the following nondomestic mammals or any of their hybrids. Possession of these mammals is otherwise specifically prohibited:
Of the family Canidae, genus Nyctereutes, species procyonoides (raccoon dog).
Credits
Source: 20 SDR 96, effective December 31, 1993; 44 SDR 47, effective September 18, 2017.
12:68:18:03.02. Specifically restricted nondomestic mammals.
Possession of the following nondomestic mammals is restricted geographically to the area of South Dakota east of the Missouri River:
(1) Nondomestic mammals that are capable of crossbreeding with free-roaming wild elk, specifically including all red deer, sika deer, sambar, Pe're Davids deer, and axis deer and any of their hybrids; and
(2) Nondomestic mammals that are capable of crossbreeding with free-roaming wild sheep and goats or competing aggressively for habitat utilized by wild sheep and goats, specifically including all mouflon, argali, urial, blue sheep, auodad, barbary sheep, and any of their hybrids.
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.
12:68:18:03.03. Types of permits—Fees.
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) Dealer auction permit ($100) - an annual permit issued to an individual or a 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;
(4) Possession permit ($10 an animal 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;
(5) 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.
Credits
Source: 20 SDR 96, effective December 31, 1993; 44 SDR 47, effective September 18, 2017.
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.
12:68:18:03.04. Application for permit.
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.
12:68:18:03.05. Release of permitted animal to the wild prohibited.
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 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, 40-5-8.6.
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 31, 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.
12:68:18:03.07. Free-roaming wildlife.
A person may not confine or allow the confinement of free-roaming wildlife. Before the issuance of a permit under this chapter, the board in cooperation with the Department of Game, Fish and Parks may inspect the facility for the presence of free-roaming wildlife. Any free-roaming wildlife must be removed by the applicant to the satisfaction of the board before the issuance of the permit.
A permittee must immediately notify the board upon the ingress of free-roaming wildlife of the mammalian class into a permitted facility. The board in cooperation with the Department of Game, Fish and Parks shall take whatever action it considers necessary in accordance with the provisions of SDCL 40-3-25 to dispose of such free-roaming wildlife. Facilities may not be constructed for purposes of confining captive nondomestic mammals in such a manner as to interrupt the normal migration patterns of free-roaming wildlife 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: SDCL 40-3-14, 40-3-25, 40-3-26, 40-5-8.
Law Implemented: SDCL 40-3-24 to 40-3-26.
12:68:18:03.08. Testing for purity of species.
At the request of the board, a person possessing an animal by permit under this chapter shall 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.
Credits
Source: 20 SDR 96, effective December 31, 1993; 48 SDR 39, effective October 4, 2021.
General Authority: SDCL 40-3-14, 40-3-25, 40-3-26, 40-5-8.6.
Law Implemented: SDCL 40-3-24 through 40-3-26, 40-5-8.
12:68:18:04. Import of nondomestic ruminant animals.
Ruminant nondomestic animals being imported to South Dakota for any reason other than immediate slaughter must:
(1) Be negative to an official tuberculosis test, as defined in § 12:68:23:04 within 90 days prior to entry, or originate from a herd with a current accredited tuberculosis free Status;
(2) Be individually identified with an official identification tag and a visible management tag on a certificate of veterinary inspection; and
(3) Enter on an import permit issued by the board.
Credits
Source: 16 SDR 40, effective September 3, 1989; 18 SDR 55, effective September 23, 1991; 34 SDR 100, effective October 22, 2007; 38 SDR 214, effective June 21, 2012; 39 SDR 204, effective June 10, 2013; 45 SDR 82, effective December 11, 2018.
General Authority: SDCL 40-3-14, 40-5-8.6.
Law Implemented: SDCL 40-5-8, 40-5-8.2, 40-5-8.4.
12:68:18:05. Nondomestic birds.
The provisions of §§ 12:68:13:01 to 12:68:13:40, inclusive, apply to all nondomestic birds, such as pheasants and partridges.
Source: 16 SDR 40, effective September 3, 1989; 18 SDR 55, effective September 23, 1991.
General Authority: SDCL 40-3-14, 40-5-8.6.
Law Implemented: SDCL 40-3-9, 40-3-10, 40-5-8.
12:68:18:06. Annual application required.
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:
(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 all mammals covered by this permit at application time;
(4) A listing of all captive nondomestic mammals added to the premises within the past twelve months, including birth additions, and of all captive nondomestic mammals permanently removed from the premises within the past twelve 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 a similar tag, or by electronic means; and
(5) A description of facilities used for confining mammals for such purposes as testing and identification.
Credits
Source: 19 SDR 39, effective September 24, 1992; 20 SDR 96, effective December 31, 1993; 29 SDR 29, effective September 4, 2002; 45 SDR 82, effective December 11, 2018.
General Authority: SDCL 40-3-14, 40-3-25, 40-3-26, 40-5-8.6.
Law Implemented: SDCL 40-3-14, 40-3-24 to 40-3-26, inclusive, 40-5-8.6.
12:68:18:07. Reporting requirements.
A permit holder under § 12:68:18:06 must maintain records of all additions and removals of animals covered by the permit requirements. All such records must be made available to the board upon request. The records must include the individual identification, by legible tattoo or official eartag, as defined in 9 C.F.R. § 71.1 (January 1, 2021), 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.
Any reports involving captive nondomestic cervidae, imported or possessed in South Dakota, must include individual animal identification.
Disappearances by death or escape and any diseased animal must be reported to the board immediately. The permittee shall 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 any expense to transport the animals to the laboratory.
Credits
Source: 19 SDR 39, effective September 24, 1992; 20 SDR 96, effective December 31, 1993; 34 SDR 100, effective October 22, 2007; 37 SDR 47, effective September 20, 2010; 39 SDR 32, effective September 3, 2012; 44 SDR 47, effective September 18, 2017; 45 SDR 82, effective December 11, 2018; 48 SDR 39, effective October 4, 2021.
General Authority: SDCL 40-3-14, 40-3-25, 40-3-26, 40-5-8.6.
Law Implemented: SDCL 40-3-14, 40-3-24 through 40-3-26, 40-5-8.6.
12:68:18:07.01. Intrastate movement requirements for nondomestic mammals.
All intrastate movements of nondomestic mammals listed in § 12:68:18:03 shall be accompanied by an intrastate movement certificate of veterinary inspection signed by a licensed, accredited veterinarian. The intrastate movement certificate of veterinary inspection shall include the following:
(1) Consignor's name, address, and animal industry board issued possession permit number;
(2) Consignee's name, address, and animal industry board issued possession permit number;
(3) The telephone issued permit number requested by the veterinarian signing the certificate of veterinary inspection and issued by the state veterinarian before movement;
(4) The species of each animal, its sex and age;
(5) An individual permanent identification of each animal listed on the certificate of veterinary inspection; and
(6) Any information required by the board about the results of tests conducted or other stipulations as determined by the state veterinarian.
Credits
Source: 31 SDR 21, effective August 18, 2004; 43 SDR 41, effective September 26, 2016.
12:68:18:08. Identification and inspection of captive nondomestic animals.
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 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.
12:68:18:09. Grounds for denial, suspension, or revocation of permits for captive nondomestic animals.
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.