HomeSouth Dakota Legislative Research Council Logo
MyLRC +
Administrative Rules
Previous Next
Download 41:08:05 in Microsoft Word Format
Printer Friendly
Rule 41:08:05 POSSESSION OF LIVE FURBEARERS

CHAPTER 41:08:05

 

POSSESSION OF LIVE FURBEARERS

 

 

Section

41:08:05:01        Possession of live fur-bearing animal prohibited -- Exception.

41:08:05:02        Repealed.

41:08:05:03        Purchase of live fur-bearing animal prohibited.

41:08:05:04        Killing or release of fur-bearing animal required -- Exception for pet.

41:08:05:05        Possession of physically altered fur-bearing animal prohibited -- Exception.

41:08:05:06        Repealed.

41:08:05:07        Seizure and disposition of live fur-bearing animal possessed unlawfully.

 

 

          Cross-Reference: Domesticated fur-bearing animals, SDCL 40-35.

 



Rule 41:08:05:01 Possession of live fur-bearing animal prohibited -- Exception.

          41:08:05:01.  Possession of live fur-bearing animal prohibited -- Exception. A person may not possess a live fur-bearing animal, as defined in SDCL 41-1-1, with the following exception: no more than one raccoon, jackrabbit, skunk, red or grey fox, or coyote per household may be kept as a pet under humane and sanitary conditions.

 

          Source: 3 SDR 22, effective September 23, 1976; 6 SDR 14, effective August 23, 1979; 10 SDR 12, effective August 17, 1983; 10 SDR 76, 10 SDR 102, effective July 1, 1984; 27 SDR 13, effective August 27, 2000; 47 SDR 27, effective September 15, 2020.

          General Authority: SDCL 41-2-18(1)(2)(11).

          Law Implemented: SDCL 41-2-18(1)(2)(11).

 



Rule 41:08:05:02 Repealed.

          41:08:05:02.  Possession of live furbearer after season -- Requirement.Repealed.

          Source: 3 SDR 22, effective September 23, 1976; repealed, 10 SDR 12, effective August 17, 1983.



Rule 41:08:05:03 Purchase of live fur-bearing animal prohibited.

          41:08:05:03.  Purchase of live fur-bearing animal prohibited. A person may not offer for sale, sell, or purchase a live fur-bearing animal.

 

          Source: 3 SDR 22, effective September 23, 1976; 10 SDR 12, effective August 17, 1983; 10 SDR 76, 10 SDR 102, effective July 1, 1984; 47 SDR 27, effective September 15, 2020.

          General Authority: SDCL 41-2-18(1)(2)(11).

          Law Implemented: SDCL 41-2-18(1)(2)(11).

 



Rule 41:08:05:04 Killing or release of fur-bearing animal required -- Exception for pet.

          41:08:05:04.  Killing or release of fur-bearing animal required -- Exception for pet. Unless the animal is to be kept as a pet, as provided in § 41:08:05:01, a person who takes a live fur-bearing animal in the wild shall immediately and humanely kill the animal or release it.

 

          Source: 3 SDR 22, effective September 23, 1976; 10 SDR 12, effective August 17, 1983; 10 SDR 76, 10 SDR 102, effective July 1, 1984; 47 SDR 27, effective September 15, 2020.

          General Authority: SDCL 41-2-18(1)(2)(11).

          Law Implemented: SDCL 41-2-18(1)(2)(11).

 



Rule 41:08:05:05 Possession of physically altered fur-bearing animal prohibited -- Exception.

          41:08:05:05.  Possession of physically altered fur-bearing animal prohibited -- Exception. A person may not possess a pet fur-bearing animal, as authorized by § 41:08:05:01, which has been physically altered, except for a de-scented skunk. Alteration includes the clipping of tendons and removal of teeth, claws, or other parts.

 

          Source: 3 SDR 22, effective September 23, 1976; 10 SDR 12, effective August 17, 1983; 10 SDR 76, 10 SDR 102, effective July 1, 1984; 47 SDR 27, effective September 15, 2020.

          General Authority: SDCL 41-2-18.

          Law Implemented: SDCL 41-2-18.

 



Rule 41:08:05:06 Repealed.

          41:08:05:06.  Possession of live furbearer during closed season as prima facie evidence of unlawful taking -- Burden of proof as to lawful taking.Repealed.

          Source: 3 SDR 22, effective September 23, 1976; repealed, 10 SDR 12, effective August 17, 1983.



Rule 41:08:05:07 Seizure and disposition of live fur-bearing animal possessed unlawfully.

          41:08:05:07.  Seizure and disposition of live fur-bearing animal possessed unlawfully. A live fur-bearing animal possessed contrary to this chapter or to statute must be immediately seized by a conservation officer and must be disposed of in the manner directed by the secretary.

 

          Source: 3 SDR 22, effective September 23, 1976; 10 SDR 76, 10 SDR 102, effective July 1, 1984; 47 SDR 27, effective September 15, 2020.

          General Authority: SDCL 41-15-14.

          Law Implemented: SDCL 41-15-14.

 

Online Archived History: