CHAPTER 36-26 FERAL SWINE 36-26-01. Definitions

As used in this chapter: 1

2

"Board" means the state board of animal health

"Feral swine" means a hog, boar, or pig that: a

b

c

Appears to be untamed or undomesticated; Appears to have reverted from a domesticated to a wild state; and Is freeroaming

36-26-02. Board - Authority

The board is responsible for the control and eradication of feral swine on state lands and on private lands in this state

36-26-03. Prohibited actions

1

2

3

A person may not import, transport, or possess live feral swine

A person may not intentionally, knowingly, or negligently allow swine to live in a feral state

a

A person may not: (1) Hunt or trap feral swine; (2) Sponsor or promote the hunting or trapping of feral swine; (3) Assist in the hunting or trapping of feral swine; (4) Profit from the release of feral swine; or (5) Profit from the hunting or trapping of feral swine

Paragraphs 1 through 3 of subdivision a do not apply to a state or federal agency or any person authorized by a state or federal agency to engage in the control or eradication of feral swine

b

2

36-26-04. Presence of feral swine - Notification of board - Immediate threat

1

Any person having reason to believe that feral swine are present on property owned by or legally occupied by that person shall notify the board and cooperate with the board in controlling or eradicating the feral swine

a. Notwithstanding any other provision of this chapter, if a person encounters a feral swine on property owned by or legally occupied by that person and determines that the feral swine poses a threat of harm or destruction of property, the person may immediately eradicate the feral swine

Any person eradicating a swine under this subsection shall notify the board as soon as practicable, but in no event later than twenty-four hours after the time of the eradication. The person shall follow any instructions given by the board with respect to the handling of the carcass, preservation of the carcass for testing, and disposal of the carcass

b

36-26-05. Civil penalty

1

Any person violating section 36-26-03 is subject to: a

b

A civil penalty in an amount not exceeding five thousand dollars per violation; and A claim for the actual costs of control or eradication incurred by any state or federal government agency as a result of the person's violation

Any person violating section 36-26-04 is subject to a civil penalty in an amount not exceeding two hundred fifty dollars for a first offense and a civil penalty in an amount not exceeding five thousand dollars for a subsequent offense

2

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