AN ACT
ENTITLED, An Act to
revise the definitions of big game and small game.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 41-1-1 be amended to read as follows:
41-1-1. Terms used in this title mean:
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 41-1-1 be amended to read as follows:
41-1-1. Terms used in this title mean:
(1)
"Any part thereof" or "the parts thereof," includes the hide, horns, and hoofs of any animal
so referred to, and the plumage and skin and every other part of any bird so referred to;
(2)
"Bait," baitfish and other wild animal groups of amphibians (frogs and salamanders),
crustaceans (crayfish and freshwater shrimp), reptiles (snakes and lizards), and mollusks
(clams and snails);
(3)
"Baitfish," includes fish of the minnow family (cyprinidae) except carp (cyprinus spp.) and
goldfish (carassius spp.), fish of the sucker family (castostomidae) except buffalofish
(ictiobus spp.) and carpsucker (carpiodes spp.), and fish of the stickleback family
(gasterosteidae);
(4)
"Big game," all cloven-hoofed wild animals and wild turkey. The term includes facsimiles
of big game used for law enforcement purposes;
(5)
"Big game seal," a locking seal which bears the same number as the license with which it
is issued;
(6)
"Big game tag," a tag which is part of the regular big game license and bears the same
number as the license proper;
(7)
"Biological specimens," wild nongame animals used for scientific study and collected for
resale to biological supply companies;
(8)
"Carcass," the dead body of any wild animal to which it refers, including the head, hair,
skin, plumage, skeleton, or any other part thereof;
(9)
"Domestic animal," any animal that through long association with man, has been bred to
a degree which has resulted in genetic changes affecting the temperament, color,
conformation or other attributes of the species to an extent that makes it unique and
different from wild individuals of its kind;
(10)
"Fishing," the taking, capturing, killing, or fishing for fish of any variety in any manner. If
the word, fish, is used as a verb, it has the same meaning as the word, fishing;
(11)
"Fur-bearing animals," opossum, muskrat, beaver, mink, marten, blackfooted ferret,
skunks (all species), raccoon, badger, red, grey and swift fox, coyote, bobcat, lynx, weasel,
and jackrabbit;
(12)
"Game," all wild mammals or birds;
(13)
"Game fish," all species belonging to the paddlefish, sturgeon, salmon (trout), pike, catfish
(including bullheads), sunfish (including black bass and crappies), perch (including walleye
and sauger), and bass families. All species not included in the game fish families are rough
fish;
(14)
"Hunt" or "hunting," shooting, shooting at, pursuing, taking, attempting to take, catching
or killing of any wild animal or animals;
(15)
"Loaded firearm," any firearm or other implement capable of discharging a projectile,
containing cartridges, shells or projectiles in either the chamber, clip, or magazine;
(16)
"Migratory waterfowl," any wild geese, swans, brants, coot, merganser, or wild ducks;
(17)
"Migratory bird," all migratory waterfowl, sandhill crane, snipe, and dove;
(18)
"Motor vehicle," any self-propelled vehicle and any vehicle propelled or drawn by a
self-propelled vehicle, whether operated upon a highway, railroad track, on the ground,
in the water, or in the air;
(19)
"Nondomestic animal," any animal that is not domestic;
(20)
"Possession," both actual and constructive possession, as well as the control of the article
referred to;
(21)
"Predator/varmint," coyote, gray fox, red fox, skunk, English house sparrow, European
starling, gopher, ground squirrel, chipmunk, jackrabbit, marmot, unbanded undomesticated
pigeon (rock dove), porcupine, crow, and prairie dog;
(22)
"Resident," a person actually living within and intending to make the person's home in this
state. No resident may lose rights under this title by reason of the resident's absence on
business of the United States or of this state, or armed services of the United States or the
spouse of an active duty military person, or any student regularly attending a school of
higher learning as a full-time student;
(23)
"Sell" and "sale," any sale or offer to sell or have in possession with intent to sell, use or
dispose of;
(24)
"Small game," anatidae, commonly known as swans, geese, brants, merganser, and river
and sea ducks; the rallidae, commonly known as rails, coots, and gallinue; the limicolae,
referring specifically to shore birds, plover, snipe, and woodcock; the gruidae, commonly
known as sandhill crane; the columbidae, commonly known as the mourning dove; the
gallinae, commonly known as grouse, prairie chickens, pheasants, partridges, and quail but
does not include wild turkeys; cottontail rabbit; and fox, grey and red squirrel. The term
includes facsimiles of small game used for law enforcement purposes;
(25)
"Trapping," the taking or the attempting to take of any wild animals by means of setting
or operating of any device, mechanism or contraption that is designed, built or made to
close upon, hold fast, or otherwise capture a wild animal or animals. If the word, trap, is
used as a verb, it has the same meaning as the word, trapping;
(26)
"Trout streams" or "trout waters," all waters and streams or portions of streams which
contain trout;
(27)
"Waters of the state," all the boundary waters of the state, and the provisions of this title
are deemed to extend to and be in force and effect over and upon and in all thereof, unless
otherwise expressly provided;
(28)
"Wild animal," any mammal, bird, fish or other creature of a wild nature endowed with
sensation and the power of voluntary motion.
An Act to revise the definitions of big game and small game.
An Act to revise the definitions of big game and small game.
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I certify that the attached Act originated in the
SENATE as
Bill
No.
56
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____________________________
Secretary of the Senate
Secretary of the Senate
____________________________
President of the Senate
President of the Senate
Attest:
____________________________
Secretary of the Senate
Secretary of the Senate
____________________________
Speaker of the House
Attest:
____________________________
Chief Clerk
Chief Clerk
Senate
Bill
No.
56
File No. ____
Chapter No. ______=========================
Received at this Executive Office this _____ day of _____________ ,
File No. ____
Chapter No. ______
Received at this Executive Office this _____ day of _____________ ,
20____ at ____________ M.
By _________________________
for the Governor
for the Governor
The attached Act is hereby
approved this ________ day of
______________ , A.D., 20___
____________________________
Governor
Governor
STATE OF SOUTH DAKOTA,
ss.
Office of the Secretary of State
Filed ____________ , 20___
at _________ o'clock __ M.
____________________________
Secretary of State
Secretary of State
By _________________________
Asst. Secretary of State
