Title 40 — ANIMALS AND LIVESTOCK

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…

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 …

40-36-14 Expenditures from fund. 40-36-15 Bounties payable for coyotes--Restrictions on payments--Fraud--Penalty. 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 Inve…

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. Source: SL 1945, ch 36 , § 3; SDC Supp 1960, § …

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 §

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 fol…

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 …

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 kil…

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 su…

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

40-36-3.1 Prairie dog control program on private lands. 40-36-4 40-36-4 to 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 appropriation…

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 jurisd…

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 statemen…

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…

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 irregul…

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. Source: SDC 1939, § 25.1002;…

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

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. Sou…

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. It is a Class 1 misdemeanor for any person to falsify any bounty claim, …

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. Source: SL 1943, ch 42 , § 13; SDC Supp 1960, § 25.9910; SL 1977, ch 1…

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. Source: SL 1899, ch 136 , § 7; RPolC 1903, §…

The Department of Agriculture and Natural Resources 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 §

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. Sour…

Repealed by SL 1991, ch 186 , § 31 40-36-31

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…

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

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

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 t…

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…

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

The board of county commissioners may, by resolution, offer a bounty of not more than fifty dollars for each coyote killed within the limits of the county. Source: SDC 1939, § 12.2801; SL 1974, ch 273 , § 4; SL 2020, ch 179 , § 3.

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. Source: SDC 1939, § 25.1201; SL…

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 rode…

The South Dakota rodent and reptile control fund is renamed the South Dakota rodent control fund. Source: SL 2007, ch 235 , § 1.

All agreements made by the South Dakota secretary of agriculture and natural resources 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 …

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 secretar…

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. Source: SDC 1939, § 25.1203. 40-36-42 to 40-36-45. Repealed by SL 1977, c…

There is created a policy advisory committee for animal damage control consisting of the secretary of the Department of Game, Fish and Parks, the supervisor of the wildlife damage management program, the secretary of the Department of Agriculture and Natural Resources or the secr…