# Title 36 — Livestock

## Chapter 36-26 — Feral Swine

### § 36-26-01. 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; and
c. 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. 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
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 agency
or any person authorized by a state or federal agency to engage in the 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
by or legally occupied by that person shall notify the board and cooperate with the
board in controlling or eradicating the feral swine.
2. 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.
b. 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.
### § 36-26-05. 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; and
b. 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.
2. 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.
