CHAPTER 41:08:01
FURBEARER SEASONS
Section
41:08:01:01 Mink and weasel hunting and trapping season established.
41:08:01:02 Muskrat trapping season established.
41:08:01:03 Repealed
41:08:01:04 Repealed.
41:08:01:04.01 Muskrat hunting season.
41:08:01:05 Repealed
41:08:01:06 Repealed.
41:08:01:07 Beaver trapping and hunting season established.
41:08:01:08 Repealed.
41:08:01:08.01 Bobcat trapping and hunting season established -- Hunting restrictions -- Tagging requirements.
41:08:01:08.02 Skunk, opossum, fox, raccoon, and badger trapping and hunting season established.
41:08:01:08.03 Jackrabbit hunting season established.
41:08:01:08.04 Repealed.
41:08:01:08.05 River otter trapping and hunting season established -- Harvest limit -- Tagging requirements.
41:08:01:09 Repealed.
41:08:01:10 Transferred.
41:08:01:11 Permit required to trap in state park system -- Restrictions.
41:08:01:12 Nonresident restrictions.
41:08:01:01. Mink and weasel hunting and trapping season established. The season is open from sunrise on November 1 through sunset on January 31 to hunt and trap mink and weasel in all counties of the state.
Source: SL 1975, ch 16, § 1; 1 SDR 26, effective September 11, 1974; 3 SDR 22, effective September 23, 1976; 5 SDR 19, effective September 14, 1978; 6 SDR 14, effective August 23, 1979; 7 SDR 21, effective September 15, 1980; 9 SDR 30, effective September 13, 1982; 10 SDR 12, effective August 17, 1983; 10 SDR 76, 10 SDR 102, effective July 1, 1984; 11 SDR 30, effective August 30, 1984; 12 SDR 22, effective August 21, 1985; 13 SDR 26, effective September 10, 1986; 14 SDR 40, effective September 23, 1987; 15 SDR 24, effective August 14, 1988; 16 SDR 32, effective August 20, 1989; 17 SDR 23, effective August 16, 1990; 18 SDR 33, effective August 19, 1991; 19 SDR 17, effective August 12, 1992; 20 SDR 13, effective August 8, 1993; 22 SDR 16, effective August 15, 1995; 47 SDR 27, effective September 15, 2020.
General Authority: SDCL 41-2-18, 41-8-20.
Law Implemented: SDCL 41-2-18, 41-8-20.
41:08:01:02. Muskrat trapping season established. The West River muskrat trapping season is open year-round to trap muskrat in all counties west of the Missouri River, except in the portion of the Black Hills Fire Protection District south of Interstate 90.
The Black Hills muskrat trapping season is open from sunrise on November 1 through sunset on April 30, to trap muskrats in the portion of the Black Hills Fire Protection District south of Interstate 90 and west of State Highway 79. The season is open year-round to trap muskrats in the portion of the Black Hills Fire Protection District north of Interstate 90.
The East River muskrat trapping season is open from sunrise on November 1 through sunset on April 30, to trap muskrats in the portion of the state lying east of the Missouri River.
Source: SL 1975, ch 16, § 1; 1 SDR 26, effective September 11, 1974; 5 SDR 19, effective September 14, 1978; 6 SDR 14, effective August 23, 1979; 7 SDR 21, effective September 15, 1980; 10 SDR 76, 10 SDR 102, effective July 1, 1984; 13 SDR 26, effective September 10, 1986; 14 SDR 40, effective September 23, 1987; 39 SDR 10, effective August 1, 2012; 47 SDR 27, effective September 15, 2020.
General Authority: SDCL 41-2-18(2)(17), 41-8-20.
Law Implemented: SDCL 41-2-18(2)(17), 41-8-20.
41:08:01:03. Muskrat trapping season established in Black Hills Fire Protection District. Repealed.
Source: SL 1975, ch 16, § 1; 1 SDR 26, effective September 11, 1974; 5 SDR 19, effective September 14, 1978; 6 SDR 14, effective August 23, 1979; 7 SDR 21, effective September 15, 1980; 9 SDR 30, effective September 13, 1982; 10 SDR 12, effective August 17, 1983; 10 SDR 76, 10 SDR 102, effective July 1, 1984; 11 SDR 30, effective August 30, 1984; 12 SDR 22, effective August 21, 1985; 13 SDR 26, effective September 10, 1986; 14 SDR 40, effective September 23, 1987; 15 SDR 24, effective August 14, 1988; 18 SDR 33, effective August 19, 1991; repealed, 39 SDR 10, effective August 1, 2012.
41:08:01:04. East River muskrat trapping season established. Repealed.
Source: SL 1975, ch 16, § 1; 1 SDR 26, effective September 11, 1974; 2 SDR 18, effective September 16, 1975; 5 SDR 19, effective September 14, 1978; 6 SDR 14, effective August 23, 1979; 7 SDR 21, effective September 15, 1980; 9 SDR 30, effective September 13, 1982; 10 SDR 12, effective August 17, 1983; 10 SDR 76, 10 SDR 102, effective July 1, 1984; 11 SDR 30, effective August 30, 1984; 12 SDR 22, effective August 21, 1985; 13 SDR 26, effective September 10, 1986; 14 SDR 40, effective September 23, 1987; 15 SDR 24, effective August 14, 1988; 16 SDR 32, effective August 20, 1989; 17 SDR 23, effective August 16, 1990; 18 SDR 33, effective August 19, 1991; 19 SDR 17, effective August 12, 1992; 20 SDR 13, effective August 8, 1993; 22 SDR 16, effective August 15, 1995; 23 SDR 20, effective August 13, 1996; 24 SDR 16, effective August 13, 1997; 38 SDR 8, effective August 3, 2011; repealed, 39 SDR 10, effective August 1, 2012.
41:08:01:04.01. Muskrat hunting season. The season is open statewide from sunrise on April 1 through sunset on August 31. The season is open to landowners and lessees, including School and Public Lands surface lease holders, on land they own or operate. State, county, or township highway officials are allowed to take muskrats during the season from within the public road rights-of-way. Non-toxic shot must be used if using shotguns.
Source: 39 SDR 10, effective August 1, 2012; 47 SDR 27, effective September 15, 2020.
General Authority: SDCL 41-2-18(2)(14)(17), 41-8-20.
Law Implemented: SDCL 41-2-18(2)(14)(17), 41-8-20.
41:08:01:05. Muskrat trapping season restricted in certain East River counties. Repealed.
Source: SL 1975, ch 16, § 1; 1 SDR 26, effective September 11, 1974; repealed, 5 SDR 19, effective September 14, 1978; readopted, 12 SDR 92, effective December 4, 1985; repealed, 13 SDR 26, effective September 10, 1986; readopted, 23 SDR 20, effective August 13, 1996; repealed, 25 SDR 193, effective July 19, 1998.
41:08:01:05.01. Experimental muskrat management area. Repealed.
Source: 10 SDR 12, effective August 17, 1983; 10 SDR 76, 10 SDR 102, effective July 1, 1984; repealed, 12 SDR 22, effective August 21, 1985.
41:08:01:06. Opossum trapping and hunting season established. Repealed.
Source: SL 1975, ch 16, § 1; 1 SDR 26, effective September 11, 1974; 5 SDR 19, effective September 14, 1978; repealed, 7 SDR 21, effective September 15, 1980.
41:08:01:07. Beaver trapping and hunting season established. The season to catch, trap, or hunt beaver is open statewide and year-round, except as provided in this section. The season is open from sunrise on November 1 through sunset on April 30 to catch, trap, or hunt beaver within the Black Hills Fire Protection District south of Interstate 90 and west of State Highway 79, except U. S. Forest Service lands where the beaver season is open from January 1 through March 31.
Source: SL 1975, ch 16, § 1; 1 SDR 26, effective September 11, 1974; 3 SDR 22, effective September 23, 1976; 5 SDR 19, effective September 14, 1978; 6 SDR 14, effective August 23, 1979; 7 SDR 21, effective September 15, 1980; 8 SDR 19, effective August 31, 1981; 9 SDR 30, effective September 13, 1982; 10 SDR 12, effective August 17, 1983; 10 SDR 76, 10 SDR 102, effective July 1, 1984; 11 SDR 30, effective August 30, 1984; 12 SDR 22, effective August 21, 1985; 13 SDR 26, effective September 10, 1986; 14 SDR 40, effective September 23, 1987; 15 SDR 24, effective August 14, 1988; 16 SDR 32, effective August 20, 1989; 17 SDR 23, effective August 16, 1990; 18 SDR 33, effective August 19, 1991; 23 SDR 20, effective August 13, 1996; 32 SDR 31, effective August 29, 2005; 35 SDR 47, effective September 8, 2008; 47 SDR 27, effective September 15, 2020; 48 SDR 14, effective August 22, 2021.
General Authority: SDCL 41-2-18(2)(17).
Law Implemented: SDCL 41-2-18(2)(17), 41-8-20.
41:08:01:08. Beaver trapping and hunting season established in West River -- Exception. Repealed.
Source: SL 1975, ch 16, § 1; 1 SDR 26, effective September 11, 1974; 5 SDR 19, effective September 14, 1978; 6 SDR 14, effective August 23, 1979; 7 SDR 21, effective September 15, 1980; 10 SDR 76, 10 SDR 102, effective July 1, 1984; 14 SDR 40, effective September 23, 1987; 18 SDR 33, effective August 19, 1991; 32 SDR 31, effective August 29, 2005; 47 SDR 27, effective September 15, 2020.
41:08:01:08.01. Bobcat trapping and hunting season established -- Hunting restrictions -- Tagging requirements. The bobcat trapping and hunting season is open statewide from sunrise on December twenty-sixth through sunset on February fifteenth. Any trapper or hunter participating in the bobcat season east of the Missouri River is limited to harvesting one bobcat.
Any trapper or hunter participating in the bobcat season in the Black Hills may not harvest more than one bobcat in the area comprising:
(1) That portion of Lawrence County south of Interstate 90;
(2) That portion of Meade County west and south of Interstate 90;
(3) Those portions of Pennington and Custer Counties west of State Highway 79; and
(4) That portion of Fall River County north and west of a line beginning at the junction of the South Dakota-Wyoming border and U.S. Highway 18, then east along U.S. Highway 18 to its junction with the Cheyenne River, then east along the Cheyenne River to its junction with State Highway 79, then north along State Highway 79 to its junction with the Custer County line.
A harvested bobcat must be presented to a department representative for registration and tagging of the pelt, within five days of harvest during the season. Once the season has closed, a person has twenty-four hours to notify a department representative of any untagged bobcats harvested and arrange a time for registration and tagging of the pelt. The pelt must be removed from the carcass and the carcass must be surrendered to the department representative. After the pelt has been tagged, it must be returned to the hunter or trapper. Upon request, the carcass may be returned to the hunter or trapper after the carcass has been inspected and the lower jaw has been removed.
A person may only possess, purchase, or sell raw bobcat pelts that are tagged through the eyeholes with a tag provided by the department or if taken from another jurisdiction, properly and securely tagged with a tag supplied by the governmental entity issuing the license. If the governmental entity issuing the license does not issue a tag, other proof that the animal has been lawfully taken is necessary.
Source: 2 SDR 18, effective September 16, 1975; 3 SDR 22, effective September 23, 1976; 4 SDR 15, effective September 15, 1977; 6 SDR 14, effective August 23, 1979; 7 SDR 21, effective September 15, 1980; 8 SDR 19, effective August 31, 1981; 9 SDR 30, effective September 13, 1982; 10 SDR 76, 10 SDR 102, effective July 1, 1984; 11 SDR 30, effective August 30, 1984; 13 SDR 26, effective September 10, 1986; 14 SDR 40, effective September 23, 1987; 20 SDR 13, effective August 8, 1993; 22 SDR 16, effective August 15, 1995; 23 SDR 20, effective August 13, 1996; 24 SDR 16, effective August 13, 1997; 30 SDR 21, effective August 25, 2003; 38 SDR 8, effective August 3, 2011; 39 SDR 10, effective August 1, 2012; 40 SDR 29, effective August 20, 2013; 42 SDR 93, effective December 30, 2015; 47 SDR 27, effective September 15, 2020; 47 SDR 38, effective October 6, 2020; 51 SDR 53, effective November 11, 2024.
General Authority: SDCL 41-2-18(2)(17).
Law Implemented: SDCL 41-2-18(2)(17), 41-8-20.
41:08:01:08.02. Skunk, opossum, fox, raccoon, and badger trapping and hunting season established. The season is open the year-round to hunt or trap skunks, opossum, gray fox, red fox, raccoon, and badger.
Source: 2 SDR 88, effective July 1, 1976; 7 SDR 21, effective September 15, 1980; 10 SDR 76, 10 SDR 102, effective July 1, 1984; 14 SDR 40, effective September 23, 1987; 39 SDR 10, effective August 1, 2012; 47 SDR 27, effective September 15, 2020.
General Authority: SDCL 41-2-18(2)(17), 41-8-20.
Law Implemented: SDCL 41-2-18(2)(17), 41-8-20.
41:08:01:08.03. Jackrabbit hunting season established. The jackrabbit hunting season is open the year-round.
Source: 4 SDR 10, effective August 25, 1977; 5 SDR 19, effective September 14, 1978; 10 SDR 76, 10 SDR 102, effective July 1, 1984; 14 SDR 40, effective September 23, 1987; 47 SDR 27, effective September 15, 2020.
General Authority: SDCL 41-2-18(2)(17).
Law Implemented: SDCL 41-2-18(2)(17), 41-3-1.
41:08:01:08.04. Fox, raccoon, and badger trapping and hunting season established. Repealed.
Source: 5 SDR 108, effective June 28, 1979; 7 SDR 21, effective September 15, 1980; 8 SDR 19, effective August 31, 1981; 9 SDR 30, effective September 13, 1982; 10 SDR 12, effective August 17, 1983; 10 SDR 76, 10 SDR 102, effective July 1, 1984; 11 SDR 30, effective August 30, 1984; 12 SDR 22, effective August 21, 1985; 13 SDR 26, effective September 10, 1986; 13 SDR 68, effective December 11, 1986; 14 SDR 40, effective September 23, 1987; 15 SDR 24, effective August 14, 1988; 16 SDR 32, effective August 20, 1989; 17 SDR 23, effective August 16, 1990; repealed, 39 SDR 10, effective August 1, 2012.
41:08:01:08.05. River otter trapping and hunting season established -- Harvest limit -- Tagging requirements. The river otter hunting and trapping season is open to residents in Aurora, Beadle, Bon Homme, Brookings, Brown, Charles Mix, Clark, Clay, Codington, Davison, Day, Deuel, Douglas, Grant, Hamlin, Hanson, Hutchinson, Jerauld, Kingsbury, Lake, Lincoln, Marshall, McCook, Miner, Minnehaha, Moody, Roberts, Sanborn, Spink, Turner, Union, and Yankton Counties. The season is from sunrise on November 1 through sunset on December 31 or until 20 river otters have been harvested, whichever occurs first. A person is limited to one river otter per season.
Any person harvesting a river otter during the season shall notify the department within 24 hours of harvest. The entire carcass, along with the detached pelt, must be submitted to the department representative within five days of harvest. Once the season has closed, a person has 24 hours to notify a department representative of any untagged river otter harvested during the season. The tagged pelt must be returned. The carcass must be surrendered to the department and may be returned upon request. A person may only possess, purchase, or sell raw river otter pelts that are tagged through the eyeholes by the department, or, if harvested from another jurisdiction, properly and securely tagged with a tag supplied by the governmental entity issuing the license. If the governmental entity issuing the license does not issue a tag, other proof that the river otter has been lawfully harvested is required. Any river otter harvested 24 hours after the close of the season will be considered incidental harvest and must be surrendered to the department.
Source: 47 SDR 27, effective September 15, 2020; 48 SDR 14, effective August 22, 2021.
General Authority: SDCL 41-2-18(2)(17).
Law Implemented: SDCL 41-2-18(2)(17).
41:08:01:09. Areas not open. Repealed.
Source: SL 1975, ch 16, § 1; 2 SDR 18, effective September 16, 1975; 6 SDR 44, effective November 7, 1979; 7 SDR 21, effective September 15, 1980; 8 SDR 19, effective August 31, 1981; 10 SDR 12, effective August 17, 1983; 10 SDR 76, 10 SDR 102, effective July 1, 1984; 11 SDR 30, effective August 30, 1984; 13 SDR 192, effective June 22, 1987; 14 SDR 40, effective September 23, 1987; 47 SDR 27, effective September 15, 2020.
41:08:01:10. Transferred to § 41:06:02:03.
41:08:01:11. Permit required to trap in state park system -- Restriction. A person must have a permit issued by the park manager to trap in any area within the state park system during established furbearer seasons. Permits may only be issued for the period of November 1 through March 31 of the following year and are free. Permits may include conditions specific to the park for which the permit is issued. No permit may be issued for trapping in Beaver Creek Nature Area, Adams Homestead and Nature Preserve, or Custer State Park or on any privately owned lands within those areas.
Source: 18 SDR 33, effective August 19, 1991; 47 SDR 27, effective September 15, 2020.
General Authority: SDCL 41-2-18(2)(17), 41-8-20, 41-17-1.1(1)(4).
Law Implemented: SDCL 41-2-18(2)(17), 41-8-20, 41-17-1.1(1)(4).
41:08:01:12. Nonresident restrictions. Notwithstanding the season dates established in this chapter, a nonresident may not take any mink or weasel from February first through November thirtieth; or take any muskrat, beaver, or raccoon from March sixteenth through November thirtieth; or take any bobcat from February sixteenth through the Friday preceding the second Saturday of January.
Source: 34 SDR 67, effective September 10, 2007; 35 SDR 47, effective September 8, 2008; 38 SDR 40, effective September 20, 2011; 47 SDR 27, effective September 15, 2020; 51 SDR 13, effective August 14, 2024.
General Authority: SDCL 41-2-18(1)(2)(17).
Law Implemented: SDCL 41-2-18(1)(2)(17), 41-8-20.