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HB 1115 restrict the area in which unarmed retrieval of...

State of South Dakota  
SEVENTY-FOURTH SESSION
LEGISLATIVE ASSEMBLY,  1999
 

525C0459  
HOUSE BILL   NO.     1115  

        Introduced by: Representatives Duenwald, Brown (Jarvis), Hanson, Jaspers, Lintz, and Wetz and Senators Madden, Moore, and Staggers  

         FOR AN ACT ENTITLED, An Act to restrict the area in which unarmed retrieval of certain small game is authorized.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
     Section  1.  That § 41-9-8 be amended to read as follows:
     41-9-8.   Any The hunting, trapping, or fishing privileges of any person who knowingly enters or remains on private property for the purpose of hunting, fishing , or trapping, in violation of §  41-9-1 or 41-9-2, shall have his hunting, trapping or fishing privileges be revoked for one year following such conviction for such an offense . If the person is the holder of holds a license to hunt, trap , or fish, the court shall require the license holder to surrender and deliver the license to the court to be returned to the Department of Game, Fish and Parks. For the purpose of this section, the term "guilty" , guilty, has the same meaning as the term "conviction" , conviction, in §   32-12-53.
     Unarmed retrieval of lawfully taken small game from either private land or land controlled by the Department of Game, Fish and Parks , or other public lands, is not a crime or petty offense, provided that if such retrieval of small game does not involve the use of a motor vehicle and if the person engaged in such unarmed retrieval does not proceed more than one hundred

yards away from the boundary of the land on which the person was authorized to hunt

.
     This section may not be construed to does not limit the civil remedies available to any landowner.