36-26 Feral Swine
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<![CDATA[CHAPTER 36-26FERAL SWINE36-26-01. Definitions. As used in this chapter:1."Board" means the state board of animal health.2."Feral swine" means a hog, boar, or pig that:a.Appears to be untamed or undomesticated;b.Appears to have reverted from a domesticated to a wild state; andc.Is freeroaming.36-26-02. Board - Authority. The board is responsible for the control and eradication offeral swine on state lands and on private lands in this state.36-26-03. Prohibited actions.1.A person may not import, transport, or possess live feral swine.2.A person may not intentionally, knowingly, or negligently allow swine to live in a feral<br>state.3.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.b.Paragraphs 1 through 3 of subdivision a do not apply to a state or federal<br>agency or any person authorized by a state or federal agency to engage in the<br>control or eradication of feral swine.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<br>by or legally occupied by that person shall notify the board and cooperate with the<br>board in controlling or eradicating the feral swine.2.a.Notwithstanding any other provision of this chapter, if a person encounters a<br>feral swine on property owned by or legally occupied by that person and<br>determines that the feral swine poses a threat of harm or destruction of<br>property, the person may immediately eradicate the feral swine.b.Any person eradicating a swine under this subsection shall notify the board as<br>soon as practicable, but in no event later than twenty-four hours after the time<br>of the eradication. The person shall follow any instructions given by the board<br>with respect to the handling of the carcass, preservation of the carcass for<br>testing, and disposal of the carcass.Page No. 136-26-05. Civil penalty.1.Any person violating section 36-26-03 is subject to:a.A civil penalty in an amount not exceeding five thousand dollars per violation;<br>andb.A claim for the actual costs of control or eradication incurred by any state or<br>federal government agency as a result of the person's violation.2.Any person violating section 36-26-04 is subject to a civil penalty in an amount not<br>exceeding two hundred fifty dollars for a first offense and a civil penalty in an amount<br>not exceeding five thousand dollars for a subsequent offense.Page No. 2Document Outlinechapter 36-26 feral swine]]>