12:68:18:03. Permit required. 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.
Cross-Reference: Types of permits -- Fees, § 12:68:18:03.03.
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).
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, 40-5-8.
Cross-Reference: Types of permits -- Fees, § 12:68:18:03.03.
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.
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.
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.
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 31, 1993.
General Authority: SDCL 40-3-14, 40-3-25, 40-3-26, 40-5-8, 40-5-8.6.
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.
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.
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.
