CHAPTER 41:09:18
WILDLIFE REHABILITATION
Section
41:09:18:01 Definition of terms.
41:09:18:02 Wildlife rehabilitator permit required -- Expiration.
41:09:18:03 Application for wild life rehabilitator permit.
41:09:18:04 Permit renewal -- Required documentation.
41:09:18:05 Inspection of facilities.
41:09:18:06 Allowed wildlife species.
41:09:18:07 Release of wildlife.
41:09:18:08 Temporary care of wildlife.
41:09:18:09 Financial assistance -- Wildlife rehabilitation fees.
41:09:18:10 Repealed.
41:09:18:11 Suspension and revocation of permits.
41:09:18:01. Definition of terms. Terms used in this chapter mean:
(1) "Rehabilitation," the process of rescuing, raising, or arranging for veterinary medical care of orphaned, sick, displaced, or injured wild, non-migratory animals with a goal of releasing animals back to their natural habitats;
(2) "Rehabilitator," a person legally permitted to accept animals from another person to carry out the act of rehabilitation;
(3) "Nonreleasable animal," an animal that cannot be released back into the wild because of physical injuries or behavioral problems;
(4) "Veterinarian commitment," a signed declaration that a doctor of veterinary medicine will assist the permitted rehabilitator in such activities as assessing initial health and injury status and potential for rehabilitation, determining the need for and administering humane euthanasia tools, and in assessing health status and survival potential prior to release to the wild.
Source: 39 SDR 33, effective September 5, 2012.
General Authority: SDCL 41-2-18(1)(2)(3)(20).
Law Implemented: SDCL 41-2-18(1)(2)(3)(20).
41:09:18:02. Wildlife rehabilitator permit required -- Expiration. A rehabilitator may not possess any wildlife species, except migratory birds, for the purpose of rehabilitation without obtaining and complying with the terms and conditions of a valid wildlife rehabilitator's permit issued by the department. A wildlife rehabilitator permit expires on January 31st. A wildlife rehabilitator permit is not required for a person to provide temporary care of migratory birds for rehabilitation purposes, if the person possesses a valid migratory bird rehabilitation permit from the U.S. Fish and Wildlife Service.
Source: 39 SDR 33, effective September 5, 2012.
General Authority: SDCL 41-2-18(1)(2)(3)(20).
Law Implemented: SDCL 41-2-18(1)(2)(3)(20).
41:09:18:03. Application for wildlife rehabilitator permit. Only residents of South Dakota at least 21 years of age may apply for a wildlife rehabilitator permit. An applicant for a wildlife rehabilitator permit shall fill out an application form furnished by the department and submit the form to the department with a veterinarian commitment. The department reserves the right to limit the number of permitted wildlife rehabilitators.
Source: 39 SDR 33, effective September 5, 2012.
General Authority: SDCL 41-2-18(1)(2)(3).
Law Implemented: SDCL 41-2-18(1)(2)(3).
41:09:18:04. Permit renewal -- Required documentation. A wildlife rehabilitator may renew a wildlife rehabilitator permit upon submission to the department of a permit renewal application together with a report of all wildlife rehabilitated, released, and euthanized during the previous calendar year on forms furnished by the department. A permit holder shall maintain a log of each animal taken into custody to include date the animal was received, county of origin, treatment, condition, and disposition.
Source: 39 SDR 33, effective September 5, 2012.
General Authority: SDCL 41-2-18(1)(2)(3).
Law Implemented: SDCL 41-2-18(1)(2)(3).
41:09:18:05. Inspection of facilities. Before issuance of a permit allowing the rehabilitation of wildlife, a department representative shall inspect the applicant's facilities for rehabilitating wildlife. The facilities and equipment shall comply with the Minimum Standards for Wildlife Rehabilitation, 2012 edition compiled by the National Wildlife Rehabilitators Association and International Wildlife Rehabilitation Council. A permitted wildlife rehabilitator shall allow any department representative to enter the rehabilitation facilities during normal hours of operation for the purpose of inspecting the facilities, logs, and wildlife held in the facilities to assure compliance with this chapter.
Source: 39 SDR 33, effective September 5, 2012; 47 SDR 27, effective September 15, 2020.
General Authority: SDCL 41-2-18(1)(2)(3).
Law Implemented: SDCL 41-2-18(1)(2)(3).
Reference: Minimum Standards for Wildlife Rehabilitation, 2012 edition, National Wildlife Rehabilitators Association and International Wildlife Rehabilitation Council. Copies may be obtained from the National Wildlife Rehabilitators Association, Cost: $15.
41:09:18:06. Allowed wildlife species. Only those wildlife species allowed by the department listed on a permit are approved for temporary care.
Source: 39 SDR 33, effective September 5, 2012.
General Authority: SDCL 41-2-18(1)(2)(3)(20).
Law Implemented: SDCL 41-2-18(1)(2)(3)(20).
41:09:18:07. Release of wildlife. No successfully rehabilitated animal may be released without approval from the department.
Source: 39 SDR 33, effective September 5, 2012; 47 SDR 27, effective September 15, 2020.
General Authority: SDCL 41-2-18(1)(2)(3)(20).
Law Implemented: SDCL 41-2-18(1)(2)(3)(20).
41:09:18:08. Temporary care of wildlife. Any animal under the temporary care of a wildlife rehabilitation permit remains the property of the State of South Dakota. No permitted wildlife rehabilitator may permanently possess any animal that is deemed nonreleasable. No rehabilitator may display any animal in the rehabilitator's temporary care. If necessary, humane euthanasia shall be administered.
Source: 39 SDR 33, effective September 5, 2012.
General Authority: SDCL 41-2-18(1)(2)(3)(20).
Law Implemented: SDCL 41-2-18(1)(2)(3)(20).
41:09:18:09. Financial assistance -- Wildlife rehabilitation fees. The department assumes no financial obligations for and may not provide any financial assistance to a permitted wildlife rehabilitator. No permitted wildlife rehabilitator may charge any fee for any wildlife rehabilitation services.
Source: 39 SDR 33, effective September 5, 2012.
General Authority: SDCL 41-2-18(1)(2)(3).
Law Implemented: SDCL 41-2-18(1)(2)(3).
41:09:18:10. Indemnification and liability. Repealed.
Source: 39 SDR 33, effective September 5, 2012; 47 SDR 27, effective September 15, 2020.
41:09:18:11. Suspension and revocation of permits. The department may revoke or suspend a wildlife rehabilitator for any violation of the provisions of this chapter or any other state or federal wildlife laws and regulations committed by the permitted wildlife rehabilitator or any person involved in the operation of the wildlife rehabilitation facilities.
Source: 39 SDR 33, effective September 5, 2012; 47 SDR 27, effective September 15, 2020.
General Authority: SDCL 41-2-18(1)(2)(3).
Law Implemented: SDCL 41-2-18(1)(2)(3).
