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.
