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South Dakota

South Dakota Codified Laws. Title 40. Animals and Livestock. Chapter 40-36. Predatory Animal and Reptile Control.

Statute Details
Printable Version
Citation: S D C L 40-36-1 - 46

Citation: SD ST 40-36-1 - 46


Last Checked by Web Center Staff: 11/2013

Summary:   These South Dakota statutes pertain to predatory animal and reptile control. The Department of Game, Fish and Parks and the United States Fish and Wildlife Service work together to control coyotes, feral dogs, fox, prairie dogs, and other wild animals that are injurious to livestock, poultry, game, land, and the public health. Bounties may be paid for coyotes, if the bounty hunter has a license.


Statute in Full:

 

40-36-1. Department of Game, Fish and Parks to cooperate with federal agency in control of injurious wild animals

40-36-2. Repealed by SL 1983, ch 292, § 2

40-36-3. Department of Agriculture cooperative agreements for control of injurious wild animals

40-36-3.1. Prairie dog control program on private lands

40-36-4. Repealed by SL 1983, ch 292, §§ 5 to 9

40-36-5. Repealed by SL 1983, ch 292, §§ 5 to 9

40-36-6. Repealed by SL 1983, ch 292, §§ 5 to 9

40-36-7. Repealed by SL 1983, ch 292, §§ 5 to 9

40-36-8. Repealed by SL 1983, ch 292, §§ 5 to 9

40-36-9. Programs and rules for control of injurious animals-Payment of expenses

40-36-10. Animal damage control fund created

40-36-11. County appropriations to animal damage control fund-Certification of amounts-State matching funds

40-36-12. Repealed by SL 1978, ch 72, § 7

40-36-13. Semiannual county payments to fund

40-36-14. Expenditures from fund

40-36-15. Bounties payable for coyotes-Restrictions on payments-Fraud as misdemeanor

40-36-16. Hunting license not required of landowner to receive bounty

40-36-17. Skin delivered to county auditor to claim bounty-Examination by auditor

40-36-18. Investigation of animal skin by conservation officer-Recommendation as to acceptance for bounty

40-36-19. Marking of skin accepted for bounty

40-36-20. Certificate on rejection of skin for bounty-Action for bounty-Use of skin as evidence-Costs

40-36-21. Affidavit filed when bounty claim approved by county auditor

40-36-22. Repealed by omission from SL 1968, ch 104, § 1

40-36-23. Approval or disapproval of bounty claim by Game, Fish and Parks Commission

40-36-24. Final approval and payment of bounty claim

40-36-25. Appeal from disapproval of bounty claim

40-36-26. Bounty claim as misdemeanor when animal died from natural causes-Animal killed by federal or other agency

40-36-27. Killing of predatory animal without hunting license as misdemeanor-Falsification of bounty claim

40-36-28. Importation or breeding of animals to claim bounty as petty offense

40-36-29. False bounty claim as perjury

40-36-30. Repealed by SL 1991, ch 186, § 31

40-36-31. Repealed by SL 1968, ch 104, § 2

40-36-32. Audit of predatory animal control fund

40-36-33. Predatory animal control fund carried over from year to year

40-36-34. Special tax on sheep in eastern counties levied on petition of sheep owners-Predatory animals defined

40-36-35. Payment of bounties and employment of hunters from proceeds of special tax on sheep

40-36-36. Rate of bounties payable from special tax on sheep-Rules and regulations

40-36-37. County bounty payable on coyotes

40-36-38. Educational campaign for rodent and reptile control

40-36-39. Employment of personnel for extermination of rodents and reptiles-Purchase and distribution of equipment and supplies-Bounties prohibited

40-36-39.1. South Dakota rodent control fund

40-36-39.2. Validation of rodent control agreements

40-36-40. Disposition of carcasses of rodents and reptiles taken-Use of proceeds of sale

40-36-41. Records of rodent and reptile work

40-36-42. Repealed by SL 1977, ch 324, § 4

40-36-43. Repealed by SL 1977, ch 324, § 4

40-36-44. Repealed by SL 1977, ch 324, § 4

40-36-45. Repealed by SL 1977, ch 324, § 4

40-36-46. Policy review committee for animal damage control

 
 

40-36-1. Department of Game, Fish and Parks to cooperate with federal agency in control of injurious wild animals

The Department of Game, Fish and Parks shall cooperate and enter into cooperative agreements with the United States Fish and Wildlife Service or any other agency in the control and disposition of coyotes, feral dogs, fox, and other wild animals in this state that are injurious to livestock, poultry, game, land, and the public health.

CREDIT(S)

Source: SL 1943, ch 99, § 1; SDC Supp 1960, § 4.0111; SL 1974, ch 273, § 2; SL 1978, ch 288, § 2; SL 1983, ch 292, § 1; SL 2002, ch 169, § 2.


40-36-2. Repealed by SL 1983, ch 292, § 2

HISTORICAL AND STATUTORY NOTES

The repealed section related to predatory animal control agreements between department of agriculture and fish and wildlife service.

 

40-36-3. Department of Agriculture cooperative agreements for control of injurious wild animals

The Department of Agriculture may enter into cooperative agreements with other governmental agencies, counties, associations, corporations, or individuals if such cooperation is necessary to promote the control and disposition of animals pursuant to § 40-36-1.

CREDIT(S)

Source: SL 1943, ch 99, § 1; SDC Supp 1960, § 4.0111; SL 1978, ch 288, § 3; SL 1983, ch 292, § 3.

 

40-36-3.1. Prairie dog control program on private lands

The secretary of game, fish and parks shall establish a program to continue prairie dog control on private lands at the written request and with the cooperation of the participating landowner. The program is to be funded from revenues in the state animal damage control fund.

CREDIT(S)

Source: SL 1978, ch 288, § 7; SL 1983, ch 292, § 4.

 

40-36-4 to 40-36-8. Repealed by SL 1983, ch 292, §§ 5 to 9

HISTORICAL AND STATUTORY NOTES

Section 40-36-4 related to department of agriculture expenditures for predatory animal control.

Section 40-36-5 related to disposition of furs, skins and specimens taken by hunters paid by department of agriculture.

Section 40-36-6 related to deposit in treasury of proceeds of sale of furs, skins and specimens.

Section 40-36-7 related to severability of department of agriculture predatory animal provisions.

Section 40-36-8 related to cooperative agreements of game, fish and parks department for predatory animal eradication.

 

40-36-9. Programs and rules for control of injurious animals--Payment of expenses

The Department of Game, Fish and Parks may direct or employ personnel and conduct programs and the Game, Fish and Parks Commission may adopt pursuant to chapter 1-26 necessary rules to control foxes, coyotes, feral dogs, prairie dogs, and other wild animals. The expense thereof shall be paid out of the Department of Game, Fish and Parks fund or the state animal damage control fund.

CREDIT(S)

Source: SDC 1939, § 25.1004; SL 1974, ch 274, § 2; SL 1978, ch 288, § 5; SL 1983, ch 292, § 10; SL 1984, ch 273, § 36.

 

40-36-10. Animal damage control fund created

There is created a special fund in the Office of the State Treasurer to be known as the state animal damage control fund.

CREDIT(S)

Source: SL 1943, ch 42, § 8; SL 1945, ch 36, § 4; SDC Supp 1960, § 25.1102; SL 1983, ch 292, § 11.


40-36-11. County appropriations to animal damage control fund--Certification of amounts--State matching funds

Each county shall annually appropriate a sum equal to an assessment on all cattle and sheep based on the most current United States Department of Commerce census of agriculture, and the money shall be remitted to the state treasurer for deposit in the state animal damage control fund. Each county shall be assessed at a rate of twenty-five cents per head for all sheep and six cents per head for all cattle. The Department of Game, Fish and Parks shall certify, to each county auditor, the amount to be appropriated. The state animal damage control fund shall be matched two dollars for every one dollar of county appropriation by funds of the Department of Game, Fish and Parks to carry out the provisions of this chapter.

CREDIT(S)

Source: SDC 1939, § 25.1101; SL 1943, ch 42, § 5; SL 1945, ch 36, § 3; SL 1963, ch 142; SL 1966, ch 72; SL 1978, ch 72, § 6; SL 1983, ch 292, § 12; SL 1984, ch 273, § 37; SL 1990, ch 329, §§ 1, 2; SL 1999, ch 210, § 14.

 

40-36-12. Repealed by SL 1978, ch 72, § 7

HISTORICAL AND STATUTORY NOTES

The repealed section related to extension and collection of special tax on sheep and cattle, lien on property.

 

40-36-13. Semiannual county payments to fund

The county auditors shall, on or before the fifteenth of June and November, present one-half of the appropriation, made pursuant to § 40-36-11, to the state remittance center, to be placed in the state animal damage control fund.

CREDIT(S)

Source: SL 1945, ch 36, § 3; SDC Supp 1960, § 25.1101; SL 1963, ch 142; SL 1966, ch 72; SL 1978, ch 72, § 8; SL 1983, ch 292, § 14; SL 1985, ch 33, § 23.


40-36-14. Expenditures from fund

Funds from the state animal damage control fund may be expended by the Game, Fish and Parks Commission for the control of wild animals, as defined in § 40-36-1.

CREDIT(S)

Source: SDC 1939, § 25.1001 as added by SL 1963, ch 141, § 1; SL 1966, ch 71; SL 1974, ch 274, § 3; SL 1978, ch 288, § 6; SL 1983, ch 292, § 15.

 

40-36-15. Bounties payable for coyotes--Restrictions on payments--Fraud as misdemeanor

The following bounties may be paid from the state animal damage control fund to any resident of this state who possesses a resident small game license or a resident predator/varmint license and who kills, within the boundaries of this state, including parks and monuments, the following animals:

(1) For each adult coyote, five dollars;

(2) For each coyote pup, five dollars.

The Game, Fish and Parks Commission may not approve any bounty claim except during the months of April, May, and June. No bounty payments may be made under this section unless the commission determines that the average price of raw furs in the round for the preceding winter is below five dollars per animal.

Any person who exhibits to a county auditor the skin of an animal which was killed outside of the boundaries of that county, or who patches any skin or part of skin, for the purpose of defrauding the State of South Dakota, in any manner, is guilty of a Class 2 misdemeanor.

CREDIT(S)

Source: SDC 1939, § 25.1001; SL 1941, ch 122; SL 1945, ch 36, § 10; SL 1947, ch 115; SL 1951, ch 126; SL 1961, ch 123, § 1; SL 1963, ch 141, § 1; SL 1967, ch 90; SL 1972, ch 220; SL 1978, ch 288, § 1; SL 1983, ch 292, § 16; SL 1991, ch 186, § 30; SL 1998, ch 252, § 1.

 

40-36-16. Hunting license not required of landowner to receive bounty

A landowner or occupant does not have to possess a resident small game license or a resident predator/varmint license in order to receive the bounties specified in § 40-36-15 for the killing of the predatory animals specified by that section within the confines of the owner's or occupant's property.

CREDIT(S)

Source: SDC 1939, § 25.1001 as added by SL 1963, ch 141, § 1; SL 1998, ch 252, § 2.

 

40-36-17. Skin delivered to county auditor to claim bounty--Examination by auditor

Any resident of this state in order to claim a bounty provided by § 40-36-15, shall within ten days after killing any such animal mentioned in § 40-36-15, present and deliver the complete skin of such animal to the auditor of the county of this state in which the animal was killed. Such auditor shall examine such skin and all parts thereof to determine whether such skin has been previously bountied in this or some other state and to determine whether there is any fraud or irregularity connected with the same.

CREDIT(S)

Source: SDC 1939, § 25.1002; SL 1943, ch 98; SL 1945, ch 36, § 8; SL 1961, ch 123, § 2; SL 1963, ch 141, § 2.

 

40-36-18. Investigation of animal skin by conservation officer--Recommendation as to acceptance for bounty

If the auditor has any doubt or question as to any skin delivered pursuant to § 40-36-17 he shall refer such skin to the conservation officer for investigation. After the conservation officer's investigation, he shall return the skin to the auditor with the recommendation that such skin be accepted or rejected.

CREDIT(S)

Source: SDC 1939, § 25.1002 as enacted by SL 1961, ch 123, § 2; SL 1963, ch 141, § 2; revised pursuant to SL 1971, ch 231, § 2.



40-36-19. Marking of skin accepted for bounty

The Game, Fish and Parks Commission shall, by regulation, provide the method of marking the skin accepted for bounty payment for the purpose of identification.

CREDIT(S)

Source: SDC 1939, § 25.1002 as enacted by SL 1961, ch 123, § 2; SL 1963, ch 141, § 2.

 

40-36-20. Certificate on rejection of skin for bounty--Action for bounty--Use of skin as evidence--Costs

If, pursuant to § 40-36-18, the county auditor determines that a bounty should not be paid on any skin, he shall issue and deliver to such claimant a certificate to that effect, and in such event the claimant must within ten days commence an action in a court of competent jurisdiction or be forever barred from asserting any right to a bounty on such skin. Any such skin shall be retained for such period and such further period as the court may direct for use as evidence. The costs of such action, including the expense of retaining such skin, shall be assessed against the claimant or the state as the court may direct. If an appeal is not taken, such auditor shall return such skin, after it is appropriately identified, to such claimant following the elapse of the time for appeal.

CREDIT(S)

Source: SDC 1939, § 25.1002 as enacted by SL 1961, ch 123, § 2.



40-36-21. Affidavit filed when bounty claim approved by county auditor

If the county auditor is satisfied that a bounty claim presented under § 40-36-17 is regular and valid, the claimant shall present an affidavit in which he shall state under oath the facts relevant thereto, including the killing, the place where such animal was killed, a statement of the method of killing, and the amount of bounty claimed. Such affidavit shall be in such form, and the county auditor shall keep a record of the same, all in the manner prescribed by resolution of the Game, Fish and Parks Commission.

CREDIT(S)

Source: SDC 1939, § 25.1002 as enacted by SL 1961, ch 123, § 2.



40-36-22. Repealed by omission from SL 1968, ch 104, § 1


40-36-23. Approval or disapproval of bounty claim by Game, Fish and Parks Commission

The bounty claim, consisting of the affidavit, shall then be presented to the Game, Fish and Parks Commission for final approval or disapproval and such commission shall carefully examine such claim and all facts relevant thereto to determine whether there is any fraud or irregularity connected with the same, and shall make such investigation in regard to the same as it may, in its discretion, deem proper.

CREDIT(S)

Source: SDC 1939, § 25.1002; SL 1943, ch 98; SL 1945, ch 36, § 8; SL 1961, ch 123, § 2; SL 1968, ch 104, § 1.

 

40-36-24. Final approval and payment of bounty claim

In the event of approval of a bounty claim by the Game, Fish and Parks Commission, such claim shall be presented to the state auditor, who shall issue his warrant therefor upon the state predatory animal control fund and mail the same to the claimant.

CREDIT(S)

Source: SDC 1939, § 25.1002; SL 1943, ch 98; SL 1945, ch 36, § 8; SL 1961, ch 123, § 2; SL 1968, ch 104, § 1.

 

40-36-25. Appeal from disapproval of bounty claim

In the event of disapproval of any bounty claim by the Game, Fish and Parks Commission the claimant shall have the right to appeal therefrom within ten days in the manner provided by law.

CREDIT(S)

Source: SDC 1939, § 25.1002 as enacted by SL 1961, ch 123, § 2; SL 1968, ch 104, § 1.

 

40-36-26. Bounty claim as misdemeanor when animal died from natural causes--Animal killed by federal or other agency

It is a Class 2 misdemeanor for any person to attempt to bounty a skin from an animal that has died from natural causes, or that has been killed by agents or employees of the United States Fish and Wildlife Service or any other agency engaged in eradicating predatory animals.

CREDIT(S)

Source: SDC 1939, § 25.1002 as enacted by SL 1961, ch 123, § 2; SL 1977, ch 190, § 540.

 

40-36-27. Killing of predatory animal without hunting license as misdemeanor--Falsification of bounty claim

Except as provided by § 40-36-16, it is a Class 2 misdemeanor for any person to hunt, take, or kill predatory animals without possessing a resident small game license or a resident predator/varmint license, or to falsify any bounty claim, or to claim a bounty on any skin for which a bounty has been paid or refused.

CREDIT(S)

Source: SDC 1939, § 25.1002 as enacted by SL 1961, ch 123, § 2; SL 1977, ch 190, § 541; SL 1998, ch 252, § 3.

 

40-36-28. Importation or breeding of animals to claim bounty as petty offense

Any person who shall drive, bait, entice, or bring from outside this state, or breed or rear any of the animals mentioned in § 40-36-15, for the purpose of procuring bounties thereon, commits a petty offense.

CREDIT(S)

Source: SL 1943, ch 42, § 13; SDC Supp 1960, § 25.9910; SL 1977, ch 190, § 542.

 

40-36-29. False bounty claim as perjury

Any person who shall make false claim for bounty as provided for in §§ 40-36-15 to 40-36-25, inclusive, shall be deemed guilty of perjury and shall be punished in the manner provided for the crime of perjury by the laws of this state.

CREDIT(S)

Source: SL 1899, ch 136, § 7; RPolC 1903, § 3119; RC 1919, § 10346; SL 1943, ch 42, § 13; SDC Supp 1960, § 25.9910.

 

40-36-30. Repealed by SL 1991, ch 186, § 31

 

40-36-31. Repealed by SL 1968, ch 104, § 2

 

40-36-32. Audit of predatory animal control fund

A complete audit shall be made of the state predatory animal control fund, showing receipts and expenditures made by the state auditor. Such audit shall be made by the Department of Legislative Audit of the state.

CREDIT(S)

Source: SL 1943, ch 42, § 9; SL 1945, ch 36, § 5; SDC Supp 1960, § 25.1103.

 

40-36-33. Predatory animal control fund carried over from year to year

Any unused balance in the state predatory animal control fund shall not revert but shall be carried over, from year to year, and applied to the payment of bounty claims in subsequent years.

CREDIT(S)

Source: SL 1943, ch 42, § 9; SL 1945, ch 36, § 5; SDC Supp 1960, § 25.1103.

 

40-36-34. Special tax on sheep in eastern counties levied on petition of sheep owners--Predatory animals defined

When the board of county commissioners of any county east of the Missouri River is petitioned by two-thirds of the sheep owners whose names appear on the tax rolls of such county, to levy a special tax levy, not to exceed ten cents per head on all sheep within the county, for the purpose of raising a fund to be expended for the control of predatory animals as defined in this section, said board is hereby empowered to make such levy and collect the tax in the manner provided for the collection of other property tax. For the purpose of this section, predatory animals shall mean coyotes and foxes.

CREDIT(S)

Source: SL 1943, ch 43, § 1; SDC Supp 1960, § 12.2812; SL 1974, ch 273, § 3.

 

40-36-35. Payment of bounties and employment of hunters from proceeds of special tax on sheep

Such moneys as are collected by the provisions of § 40-36-34 shall be expended to pay bounties or to employ hunters, which may be, in cooperation with the organized control program of the United States Department of the Interior Fish and Wildlife Service, at the discretion of the board of county commissioners.

CREDIT(S)

Source: SL 1943, ch 43, § 2; SDC Supp 1960, § 12.2812.

 

40-36-36. Rate of bounties payable from special tax on sheep--Rules and regulations

The board of county commissioners shall establish the rate of bounties and provide all rules and regulations necessary for the carrying out of §§ 40-36-34 and 40-36-35.

CREDIT(S)

Source: SL 1943, ch 43, § 2; SDC Supp 1960, § 12.2812.

 

40-36-37. County bounty payable on coyotes

The board of county commissioners may, by resolution, offer a bounty of not more than four dollars for each coyote killed within the limits of the county.

CREDIT(S)

Source: SDC 1939, § 12.2801; SL 1974, ch 273, § 4.

 

40-36-38. Educational campaign for rodent and reptile control

For the purpose of conducting an educational campaign in the control and extermination of harmful and destructive rodents and poisonous or destructive reptiles, the secretary of game, fish and parks may employ such methods as he may deem advisable.

CREDIT(S)

Source: SDC 1939, § 25.1201; SL 1977, ch 324, § 1.

 


40-36-39. Employment of personnel for extermination of rodents and reptiles--Purchase and distribution of equipment and supplies--Bounties prohibited

The secretary of game, fish and parks may employ persons skilled in trapping, poisoning, or taking of such rodents and such reptiles and may buy, distribute, and authorize the use of poison, traps, guns, ammunition, or other agencies or equipment necessary in destroying such rodents or such reptiles to any hunter, trapper, or employee engaged in such destruction, and shall fix the compensation of persons employed for such purposes of § 40-36-38, but in no case shall any bounty or reward be paid to any person so employed.

CREDIT(S)

Source: SDC 1939, § 25.1202; SL 1977, ch 324, § 2.

 

40-36-39.1. South Dakota rodent control fund

The South Dakota rodent and reptile control fund is renamed the South Dakota rodent control fund.

CREDIT(S)

Source: SL 2007, ch 235, § 1.

 

40-36-39.2. Validation of rodent control agreements

All agreements made by the South Dakota secretary of agriculture with agencies of the federal government concerning rodent control, all actions of the secretary in conducting and maintaining a poison bait station, distributing or selling of poison bait, and purchasing supplies for rodent control, are hereby validated, legalized, cured, and currently authorized to the extent that such activities may have been impacted by a change of the fund's name and subsequent repeal of statutes regarding the cooperative wildlife services fund.

CREDIT(S)

Source: SL 2007, ch 235, § 2.



40-36-40. Disposition of carcasses of rodents and reptiles taken--Use of proceeds of sale

All furs, skins, or other parts of the carcasses of such rodents and such reptiles taken by employees in accordance with the provisions of §§ 40-36-38 and 40-36-39 shall be the property of the State of South Dakota and those having a commercial value shall be sold by the secretary of the Department of Game, Fish and Parks, and all funds derived from such sales shall be placed in the rodent control fund and be available for use in carrying out the provisions of §§ 40-36-38 and 40-36-39.

CREDIT(S)

Source: SDC 1939, § 25.1203; SL 1977, ch 324, § 3.



40-36-41. Records of rodent and reptile work

The records pertaining to work under §§ 40-36-38 to 40-36-40, inclusive, shall be kept and any information of scientific value that is obtained shall be recorded and preserved for the benefit of the state.

CREDIT(S)

Source: SDC 1939, § 25.1203.



40-36-42 to 40-36-45. Repealed by SL 1977, ch 324, § 4

HISTORICAL AND STATUTORY NOTES

Section 40-36-42 related to appropriated funds to be used for rodent and reptile control.

Section 40-36-43 related to department of agriculture reptile control educational campaign.

Section 40-36-44 related to employment of personnel to take reptiles, purchase and distribution of equipment and supplies, bounties prohibited.

Section 40-36-45 related to departmental control of reptile control activities, appropriated funds to be used."

 

40-36-46. Policy review committee for animal damage control

There is created a policy advisory committee for animal damage control consisting of the secretary of game, fish and parks, the animal damage control supervisor, the secretary of agriculture or the secretary's designee, and one representative from each of the following organizations: USDA/APHIS/Wildlife Services, the South Dakota Sheep Growers, South Dakota Cattlemen, South Dakota Stockgrowers Association, South Dakota Farmers Union, South Dakota Farm Bureau, and the South Dakota Wildlife Federation. The committee shall review animal damage control activities and provide recommendations for controlling animal damage in South Dakota. The committee shall meet at least once a year.

CREDIT(S)

Source: SL 1983, ch 292, § 13; SL 2013, ch 204, § 1.

 

 



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