TITLE 41
GAME, FISH, PARKS AND FORESTRY
Chapter
01 Definitions And General Provisions
02 State Department Of Game Fish And Parks
03 State And Federal Conservation Activities
04 Land Acquisition And Management By State
05 Game Preserves And Refuges
06 Game And Fish Licenses And Permits
07 Firearms Safety Instruction
08 Hunting And Trapping Seasons And Methods
09 Fishing, Hunting And Trapping On Private Land And Public Rights Of Way
10 Private Shooting Preserves
11 Protection Of Birds And Small Game
12 Fishing Seasons And Methods
13 Protection Of Fishing Waters
13A Aquatic Invasive Species
14 Possession Transportation And Sale Of Game And Fish
15 Enforcement Powers And Procedures
15A Interstate Wildlife Violator Compact
16 Federal Payments From National Forests
17 State Parks
18 County Parks
19 Snowmobile Trails And Areas
20 Forestry
20A Fire Prevention And Suppression
21 Forest Insect And Disease Control Repealed
22 State Tree Nursery Repealed
23 Recreational Use Of Nonmeandered Waters
CHAPTER 41-1
DEFINITIONS AND GENERAL PROVISIONS
41-1-1 Definitions.
41-1-1.1 Persons deemed state residents.
41-1-1.2 Termination of resident status.
41-1-1.3 Definition of trophy animals.
41-1-1.4 Definition of nontrophy animals.
41-1-2 Game birds, animals, and fish as property of state.
41-1-3 Lawful use of game bird, animal, or fish.
41-1-4 Wanton waste or destruction of protected birds, animals and fish prohibited--Violation as misdemeanor.
41-1-5 Forfeiture of right to game by unlawful taking, shipment or possession--State entitled to possession.
41-1-5.1 Civil damage liability to state for unlawful killing or taking of wild animals--Amount--Return of uninjured animal--Exemption.
41-1-5.2 Civil action for recovery of damages for unlawful killing or taking of animals--Effect of criminal conviction or acquittal--Deposit of damages and costs--Collection of judgments--Collection fees.
41-1-5.3 41-1-5.3 to 41-1-5.5. Repealed by SL 2001, ch 227, §§ 3 to 5
41-1-5.6 Statement of liability provisions printed on citations--Acknowledgment noted through specific receipt form--Failure to give required warnings.
41-1-5.7 Disposition of deer and antelope killed by motor vehicle.
41-1-5.8 41-1-5.8. Repealed by SL 2001, ch 227, § 7
41-1-6 41-1-6. Repealed by SL 1991, ch 337, § 3
41-1-7 Fish grown or raised for breeding purposes or sale.
41-1-8 Interference with lawful hunting, trapping, or fishing prohibited--Violation as misdemeanor.
41-1-9 Disobeying order of peace officer to desist from interfering as misdemeanor.
41-1-10 Enjoining interference--Damages allowable.
41-1-11 Certain judgment debtors denied licenses--Automatic revocation pending satisfaction--Violation as misdemeanor.
41-1-12 Euthanasia of animal injured in motor vehicle accident.
41-1-13 Report of euthanasia to department.
CHAPTER 41-2
STATE DEPARTMENT OF GAME, FISH AND PARKS
41-2-1 Department and commission continued.
41-2-1.1 Department continued--Performance of functions.
41-2-1.2 Direction and supervision of commission--Independent functions retained.
41-2-2 Political affiliations of commissioners--Farmer members--Residence and gross income requirements.
41-2-3 Terms of office of commissioners--Annual appointments--Restrictions on appointments.
41-2-4 Oath and bond of commissioners.
41-2-5 Removal of commissioner from office--Procedure.
41-2-6 Filling of vacancies on commission.
41-2-7 41-2-7. Repealed by SL 1978, ch 291
41-2-8 Annual meeting of commission--Chair and vice chair--Additional meetings.
41-2-9 41-2-9, 41-2-10. Superseded
41-2-11 Employment of conservation officers--Qualifications--Career service.
41-2-12 41-2-12. Repealed by SL 1997, ch 232, § 1
41-2-13 Rangers and park managers as unpaid conservation officers--Emergency appointments.
41-2-14 41-2-14, 41-2-15. Repealed by SL 1971, ch 231, § 3
41-2-16 Duties assigned to departmental officers and employees.
41-2-17 41-2-17. Repealed by SL 1997, ch 232, § 2
41-2-18 Implementation of game, fish and conservation laws--Promulgation of rules--Violation as misdemeanor.
41-2-18.1 Repealed by SL 2012, ch 201, § 1.
41-2-19 Acquisition, management, and improvement of property.
41-2-20 Sale of property no longer needed--Procedures.
41-2-21 Acquisition and development of property for public shooting areas, water conservation, and recreation.
41-2-21.1 Railroad right-of-way responsibility--Taxation.
41-2-22 Operation of controlled hunting areas.
41-2-23 Improvement of wildlife habitat--Access lands--State title not required.
41-2-24 Acquisition and management of parks--Fees--Bonds--Cooperation with other agencies.
41-2-25 Park and recreational improvements on leased lands.
41-2-26 Easements, leases, and permits on property controlled by department--Purposes for which granted.
41-2-27 Publicity and advertising activities.
41-2-28 41-2-28. Transferred to § 41-20-13
41-2-29 Sale of forest products or department lands--Disposition of proceeds.
41-2-29.1 Sale of real property owned by state--Requirements and procedure.
41-2-29.2 Trade or exchange of real property owned by state--Requirements and procedure.
41-2-30 Predatory animal control activities--Cooperation with other agencies.
41-2-31 Acceptance and use of federal grants and other donations.
41-2-32 41-2-32. Repealed by SL 1984, ch 273, § 40
41-2-33 Appointment of licensing agents.
41-2-34 Fees and collections paid into departmental fund.
41-2-34.1 Resident small game license revenue--Use--Purchase and use of land--Power of eminent domain not to be exercised.
41-2-34.2 Surcharge on licenses--Deposit in fund--Disbursement of money in fund.
41-2-34.3 41-2-34.3. Repealed by SL 1998, ch 254, § 4
41-2-35 Annual appropriation of departmental fund.
41-2-35.1 Informational budget--Review.
41-2-36 Audit of departmental books and vouchers.
41-2-37 41-2-37. Repealed by SL 1982, ch 16, § 38
41-2-38 Department to manage certain property transferred to state for fish and wildlife purposes or recreation uses--Promulgation of rules.
41-2-39 Disposal of surplus lands within George S. Mickleson Trail--Lands and persons eligible.
41-2-40 Determination of land as disposable.
41-2-41 State funds not to be expended--Landowner assumption of costs.
41-2-42 Approval of conveyances.
41-2-43 Approval by Interstate Commerce Commission.
41-2-44 Landowner agreement--Contents.
41-2-45 Conveyance by quitclaim deed--Execution.
41-2-46 Landowner presentation of proof of ownership--Contents.
41-2-47 Appraisals of real property by department--Market value defined.
41-2-48 Conservation officers--Entering private land--Prohibition--Exceptions.
41-2-49 Conservation officers--Entering private land--Liability.
41-3-1
Department in charge of propagation and preservation of game and fish.
41-3-2
Collection and publication of conservation information.
41-3-3
Cooperation with federal agencies in propagation, preservation and protection of
game and fish--Expenditure of funds.
41-3-4
Assent to federal wildlife restoration act--Cooperation in projects--Hunting license
fees committed.
41-3-4.1
Wildlife mitigation condemnations to be restricted to direct beneficiaries of project--Federal contracts--Missouri River reservoirs excepted.
41-3-4.2
Repealed.
41-3-5
Assent to federal recreation and fish and wildlife act--Cooperation in management
of fish, wildlife, and recreation areas.
41-3-6
Assent to federal acquisition of property for migratory bird conservation.
41-3-7
Purchase and exchange of animals, birds, and fish for breeding purposes.
41-3-8
Enforcement of laws for protection and propagation of animals, birds, and fish.
41-3-9
Permission for scientific collection of protected birds, animals, and fish--Resale
prohibited.
41-3-10
Management of fish hatcheries.
41-3-11
Assent to federal fish restoration and management act--Cooperative projects--Fishing
license fees committed.
41-3-12
Receipt and distribution of fish and spawn.
41-3-13
Propagation and stocking of fishing waters--Stocking of game animals and birds.
41-3-14
Obstruction of departmental fish management activities--Obstruction of waters--Disturbance of departmental devices--Violation as misdemeanor.
41-4-1
Acquisition of private property authorized--Condemnation resolution and
proceedings.
41-4-1.1
Notice to landowner required prior to purchase of land.
41-4-2
Condemnation costs payable from departmental fund--Vouchers and warrants.
41-4-3
Nonresident small game license fees paid into land acquisition and development
fund--Use for game production areas and public shooting areas.
41-4-4
Procedure for timber sales.
41-4-5
Timber sales on sealed bids or at auction--Negotiated small sales.
41-4-6
Publication of notice of timber sales--Contents.
41-4-7
Minimum price of timber sales--Sale to highest bidder--Rejection of bids and
readvertisement.
41-4-8
State-owned areas subject to taxation for county, township, and school purposes--Assessment and extension of levies.
41-4-9
Reimbursement of lessees of state-owned land condemned by United States.
41-4-10
Use of unused section-line roads for game production--Notice and cooperation by
eastern political subdivisions.
41-4-11
Supervision of certain islands in Missouri River--Purposes of use--Sand and gravel
contracts.
41-4-12
"Hunting guide" defined.
41-4-13
Hunting guide activities barred from certain state-owned or state-managed areas--Violations.
41-5-1
Repealed.
41-5-1.1
Repealed.
41-5-2
Repealed.
41-5-3, 41-5-4. Repealed.
41-5-5 to 41-5-9. Repealed.
CHAPTER 41-6
GAME AND FISH LICENSES AND PERMITS
41-6-1 Exempt persons--Conditions and rules.
41-6-2 License not required to hunt certain animals or fish on owned or leased land during open season.
41-6-3 License not required to hunt fur-bearing animals on own land during open season.
41-6-4 Fur-bearing license not required--Resident under eighteen.
41-6-5 License not required to kill raccoons, skunks, fox, and badger doing damage.
41-6-6 Fishing license not required--Individuals under eighteen.
41-6-7 Entry of unlicensed person onto boundary waters from South Dakota for hunting or fishing as misdemeanor.
41-6-8 Nonresident without license--Hunting or fishing on boundary waters--Carrying game into South Dakota--Violation as misdemeanor--Exception.
41-6-9 41-6-9. Repealed by SL 1977, ch 190, § 550
41-6-10 Licenses, stamps, and permits enumerated--Fees set by commission.
41-6-10.1 Combination licenses--Issuance.
41-6-10.2 Certain disabled residents and residents held as prisoners of war eligible for reduced license fees.
41-6-11 41-6-11. Repealed by SL 1998, ch 252, § 8
41-6-12 Resident and nonresident licenses and preference points--Minimum age.
41-6-13 Hunting license for minor less than sixteen--Restrictions and requirements--Violation as misdemeanor.
41-6-14 Safety instruction required for licensing of child under sixteen--Fee waived.
41-6-15 41-6-15. Repealed by SL 2000, ch 205, § 5
41-6-15.1 41-6-15.1. Repealed by SL 1990, ch 332, § 11
41-6-16 Resident licenses, permits, and stamps for hunting of small game, migratory birds, and migratory waterfowl--Violation as misdemeanor.
41-6-16.1 41-6-16.1. Repealed by SL 2013, ch 209, § 1.
41-6-16.2 License not required of resident on active duty in U.S. armed forces--Exception for migratory bird hunting.
41-6-17 Nonresident licenses and permits for hunting of small game and migratory birds--Privileges--Violation as misdemeanor.
41-6-18 41-6-18. Repealed by SL 1981, ch 295, § 2
41-6-18.1 Nonresident waterfowl license, migratory bird permit, and federal stamp required--Violation as misdemeanor--Number of licenses.
41-6-18.2 Limitation of number of nonresident waterfowl licenses--Lottery selection.
41-6-18.3 41-6-18.3. Repealed by SL 1978, ch 298, § 4
41-6-18.4 Temporary nonresident waterfowl licenses--Promulgation of rules--Number of licenses--Disposition of revenue.
41-6-19 Resident big game license--Privileges and fee--Violation as misdemeanor.
41-6-19.1 Resident elk license--Privileges and fee--Violation as misdemeanor.
41-6-19.2 41-6-19.2. Repealed by SL 1991, ch 337, § 14
41-6-19.3 Resident landowner--Limited deer or antelope license--Promulgation of rules.
41-6-19.4 Nonresident landowner--Limited deer or antelope license--Promulgation of rules.
41-6-19.5 Conditions applicable to limited deer permit and antlerless deer licenses--Eligibility for subsequent season.
41-6-19.6 Nonrefundable application fee for resident bighorn sheep, mountain goat, or elk license--Drawing--Use of proceeds--Rules.
41-6-19.7 License issued to national guard member called to active duty.
41-6-19.8 Antlerless deer licenses--Restrictions--Residents and nonresidents.
41-6-19.9 Landowner-on-own-land license--Antlerless elk--Promulgation of rules.
41-6-20 Nonresident big game license--Privileges--Violation as misdemeanor.
41-6-21 Limiting number of big game licenses--Preferences in eligibility--Application by ineligible person as misdemeanor.
41-6-22 Big game transportation permit--Issuance and use in transporting game--Violation as misdemeanor.
41-6-23 Fur-bearing animal hunting and trapping license--Privileges--Activities for which license not required--Violation as misdemeanor.
41-6-23.1 Reciprocal nonresident license to take fur-bearing animals.
41-6-24 41-6-24. Repealed by SL 2007, ch 240, § 3.
41-6-25 Fur dealer's license--Privileges--License valid for one year--Violation as misdemeanor.
41-6-26 Revocation of fur dealer's license--New license prohibited for two years.
41-6-27 Resident wild turkey license--Privileges--Violation as misdemeanor.
41-6-28 Nonresident wild turkey license--Privileges--Violation as misdemeanor.
41-6-29 Permit to kill animal or bird doing damage--Animal or bird as property of state--Disposition--Violation a misdemeanor.
41-6-29.1 Issuance of depredation permits--Application procedures--Fee--Limit on permits--Violation as misdemeanor.
41-6-29.2 Killing of mountain lion permitted under certain circumstances--Notification of conservation officer.
41-6-30 Nonresident predator/varmint license--Privileges--When license not required--Violation as misdemeanor.
41-6-31 Breeding and domesticating license--Privileges granted--Annual report to secretary--Sale and shipment of animals or birds--Violation as misdemeanor.
41-6-31.1 Upland game birds raised in captivity and derived products deemed agricultural products.
41-6-32 Scientific collector's license--Privileges--Approval.
41-6-33 Taxidermist's license--Privileges--Records--Inspections--Violation as misdemeanor.
41-6-34 41-6-34. Repealed by SL 1991, ch 337, § 27
41-6-35 Resident fishing license--Privileges--Exemption from fee.
41-6-36 Nonresident fishing license--Privileges.
41-6-37 Temporary fishing license--Privileges.
41-6-37.1 Repealed
41-6-37.2 Nursing facility group fishing license--Fees and regulations set by commission--Resident defined.
41-6-38 Hoop net, trap, or setline license--Privileges and fees--Tagging of devices used--Violation as misdemeanor.
41-6-39 Private fish hatchery license--Privileges granted--Violation as misdemeanor.
41-6-40 Fishing allowed to purchaser from private fish hatchery--Removal of fish caught.
41-6-41 Fishing license not required to fish in private hatchery.
41-6-42 41-6-42. Repealed by SL 2015, ch 210, § 2.
41-6-43 Records and reports required of private fish hatchery.
41-6-44 Resident wholesale bait dealer license--Privileges granted--Rules--Violation as misdemeanor.
41-6-44.1 Nonresident wholesale bait dealer license--Privileges granted--Rules--Violation as misdemeanor.
41-6-45 Retail bait dealer licenses for residents and nonresidents--Privileges granted--Sale to dealers prohibited--Rules--License not required for residents under 16--Violation as misdemeanor.
41-6-45.1 Export bait dealer license--Privileges granted--Rules--Violation as misdemeanor.
41-6-46 41-6-46. Repealed by SL 1988, ch 334, § 6
41-6-47 41-6-47, 41-6-48. Repealed by SL 1988, ch 334, §§ 7, 8
41-6-49 41-6-49 to 41-6-51. Repealed by SL 1979, ch 280, §§ 1 to 3
41-6-52 Application for resident license by nonresidents prohibited--Violation as misdemeanor.
41-6-53 Nonresident or visitor's license--Eligibility.
41-6-54 41-6-54. Repealed by SL 1970, ch 236, § 1
41-6-55 One license of any type to one person--Exceptions--Sale of additional license of same type--License types.
41-6-56 41-6-56, 41-6-57. Repealed by SL 1999, ch 210, §§ 2, 3
41-6-58 41-6-58. Repealed by SL 1984, ch 273, § 66
41-6-59 Repealed.
41-6-59.1 Regulation of fee remittance by agents to county treasurers.
41-6-60 Big game transportation permits issued by conservation officers.
41-6-61 Licenses to be issued by secretary--Discretionary licenses.
41-6-62 Form and content of applications--Oath of applicant.
41-6-63 Exhibition of license on request--Violation as misdemeanor.
41-6-64 41-6-64. Repealed by SL 1984, ch 273, § 69
41-6-65 41-6-65. Repealed by SL 1999, ch 210, § 7
41-6-66 Commission or department to direct form of licenses.
41-6-66.1 Maximum amounts for issuing license--Violation as misdemeanor.
41-6-66.2 41-6-66.2. Repealed by SL 2005, ch 224, § 2, eff. July 1, 2008.
41-6-67 41-6-67. Repealed by SL 1999, ch 210, § 9
41-6-68 Repealed.
41-6-69 Repealed by SL 2012, ch 201, § 2.
41-6-70 41-6-70. Repealed by SL 1999, ch 210, § 13
41-6-70.1 License fees--Portion for designated purposes.
41-6-71 License not transferable--Violation as misdemeanor.
41-6-72 Expiration of licenses.
41-6-73 Unauthorized application for, or procurement or possession of, license or preference point--Misdemeanor.
41-6-74 41-6-74. Repealed by SL 1997, ch 234, § 1
41-6-74.1 Revocation of hunting, fishing, or trapping privilege for conviction of certain offenses.
41-6-74.2 Revocation of hunting, fishing, or trapping privilege for conviction of taking or possessing in excess of limit.
41-6-74.3 Revocation to be noted on face of license--Violation as misdemeanor.
41-6-75 Penalty for hunting, fishing or trapping while under license revocation.
41-6-75.1 Revocation, suspension of nonresident license precludes licensing in this state--Violation.
41-6-75.2 Hunting, trapping, fishing or applying for license, permit or preference point while privileges suspended--Misdemeanor.
41-6-76 Resident license required to catch, kill, or possess fish, frogs, or turtles--Violation as misdemeanor.
41-6-77 Nonresident license required to catch, kill or possess fish, frogs, or turtles--Violation as misdemeanor.
41-6-78 Training of dogs on wild game birds restricted--Rules--Violation as misdemeanor.
41-6-79 41-6-79. Repealed by SL 1999, ch 213, § 2
41-6-80 Predator/varmint license required to hunt, take, or kill certain animals--Exceptions--Violation as misdemeanor.
41-6-81 Hunter mentoring program--Application for mentoring nonresidents--Requirements--Promulgation of rules.
41-6-82 Forfeiture of preference points for killing or possessing trophy animals.
41-6-83 Restriction on hunting wolves.
41-6-84 Special license to hunt game animals--Proceeds used for habitat programs.
41-6-85 Habitat stamp--Fee--Requirements--Promulgation of rules--Violation as misdemeanor.
41-6-86 Habitat stamp revenue--Use and purpose--Annual report.
41-7-1
Requirements for issuance of hunting license to child under sixteen--Violation as
misdemeanor.
41-7-2
Department to provide for course of instruction.
41-7-3 to 41-7-7. Repealed.
CHAPTER 41-8
HUNTING AND TRAPPING SEASONS AND METHODS
41-8-1 41-8-1. Repealed by SL 2006, ch 4, § 1.
41-8-2 Hunting or possession of big game prohibited except as expressly provided--Violation.
41-8-2.1 41-8-2.1. Repealed by SL 1999, ch 209, § 1
41-8-3 41-8-3. Repealed by SL 1984, ch 273, § 72
41-8-4 41-8-4. Repealed by SL 1983, ch 299, § 2
41-8-5 Repealed by SL 2012, ch 201, § 3.
41-8-6 License required to hunt big game--Violation.
41-8-7 Each violation of big game hunting restrictions as separate offense.
41-8-8 41-8-8. Repealed by SL 1979, ch 283, § 1
41-8-9 41-8-9. Repealed by SL 1993, ch 314, § 1
41-8-9.1 41-8-9.1. Repealed by SL 1979, ch 283, § 3
41-8-10 Minimum caliber of muzzle loading big game ammunition--Violation as misdemeanor.
41-8-11 Maximum number of cartridges in self-loading firearm used to hunt big game--Violation as misdemeanor.
41-8-12 Automatic weapon prohibited in hunting game--Violation as misdemeanor.
41-8-13 Buckshot prohibited in hunting big game--Minimum weight of slug--Violation as misdemeanor.
41-8-14 41-8-14. Repealed by SL 1984, ch 273, § 73
41-8-15 Dogs prohibited in hunting big game--Exceptions--Violation.
41-8-16 Use of salt to attract big game prohibited.
41-8-17 Night-vision equipment and artificial light in hunting--Prohibitions--Exceptions--Violation as misdemeanor.
41-8-17.1 Spotlighting and artificial lighting--Prohibitions--Exceptions--Violation as misdemeanor.
41-8-18 Big game hunting violation as misdemeanor--Additional penalty on conviction for hunting or taking big game during nighttime, closed season, or without license.
41-8-18.1 41-8-18.1. Repealed by SL 1991, ch 337, § 49
41-8-19 Trapping of fur-bearing animals prohibited--Exceptions--Violation as misdemeanor.
41-8-20 Open seasons on fur-bearing animals.
41-8-21 Possession of raw furs after close of season--Furs checked with conservation officer--Violation as misdemeanor.
41-8-22 41-8-22. Repealed by SL 2007, ch 240, § 4.
41-8-23 Killing of mink, muskrats, and beavers causing damage.
41-8-24 Prohibited methods of hunting mink, muskrats and beavers--Violation as misdemeanor.
41-8-24.1 Shooting of muskrats under certain conditions.
41-8-25 Maximum number of traps--Disturbance of muskrat houses--Violation as misdemeanor.
41-8-26 Counties in which muskrat restrictions not applicable.
41-8-27 41-8-27. Repealed by SL 1984, ch 273, § 75
41-8-28 Trap robbing or injury as misdemeanor.
41-8-29 Cancellation of trapping license on conviction--New license prohibited for two years.
41-8-30 41-8-30. Repealed by SL 1984, ch 273, § 76
41-8-31 Hunting methods restricted--Violation as misdemeanor.
41-8-31.1 Use of crossbow for hunting big game during firearm season.
41-8-32 41-8-32. Repealed by SL 1993, ch 314, § 2
41-8-32.1 41-8-32.1. Repealed by SL 2019, ch 186, § 1.
41-8-33 41-8-33. Repealed by SL 2000, ch 209, § 4
41-8-34 41-8-34. Repealed by SL 1982, ch 289, § 2
41-8-35 Floating batteries, sink boxes, and similar devices prohibited--Violation as misdemeanor.
41-8-36 Use of motorboats in hunting prohibited--Exceptions--Violation as misdemeanor.
41-8-37 Hunting from motor vehicle prohibited--Exceptions--Promulgation of rules--Misdemeanor.
41-8-37.1 41-8-37.1. Repealed by SL 2015, ch 210, § 3.
41-8-38 41-8-38. Repealed by omission from SL 1969, ch 100
41-8-39 Use of aircraft in hunting prohibited--Exception--Violation as misdemeanor.
41-8-39.1 Aerial hunting of coyotes and fox by occupier of land where loss of animals threatened--Hunting on neighbor's land--Consent or authorization--Contract.
41-8-39.2 Contracts with aerial hunters of foxes and coyotes.
41-8-40 Hunting on boundary waters in violation of laws of adjoining state as misdemeanor--Agreements for reciprocal recognition of licenses and enforcement.
41-8-41 Hunting with firearms--Exterior garment--Fluorescent orange or pink--Penalty.
41-8-42 Prairie dog shooting season open year-round.
41-8-43 Limit of small game taken by hunting party--Exceptions.
CHAPTER 41-9
FISHING, HUNTING AND TRAPPING ON PRIVATE LAND AND PUBLIC RIGHTS-OF-WAY
41-9-1 Landowner's consent required to fish, hunt or trap on private land--Exception--Violation as misdemeanor.
41-9-1.1 Certain highways and public rights-of-way excepted from restrictions--Discharging firearms, hunting, and trapping within certain distance from building or livestock prohibited--Violation as misdemeanor--Revocation of hunting privileges.
41-9-1.2 Big game hunting on highways and public rights-of-way prohibited--Exceptions--Violation as misdemeanor
41-9-1.3 Requirements for hunting, fishing or trapping along section-line or highway.
41-9-1.4 Discharge of firearm while on certain public waters prohibited--Exception--Violation as misdemeanor.
41-9-1.5 Motorized vehicles not to be used in hunting from highways--Restrictions.
41-9-1.6 Penalty for endangerment of other while hunting on right-of-way.
41-9-2 Hunting prohibited in portions of fire protection district--Notice requirements--Violation as misdemeanor.
41-9-3 41-9-3, 41-9-3.1. Repealed by SL 1973, ch 269, § 3
41-9-4 Posting private land without consent as misdemeanor--Posting public land.
41-9-5 Damage to or destruction of posted notices as misdemeanor.
41-9-6 41-9-6. Repealed by SL 1973, ch 269, § 3
41-9-7 41-9-7. Repealed by SL 1991, ch 337, § 65
41-9-8 Unauthorized presence on private property--Retrieval of game--Penalty.
41-9-9 Hunter civil liability for injury, death, or property damage caused by negligent actions.
41-9-10 Use of motor vehicle for hunting, fishing or trapping on school or public lands prohibited--Violation as misdemeanor.
41-9-11 Exhibition of license or identification on request of person with authority to control access to private land--Violation as misdemeanor.
41-10-1
Definition of terms.
41-10-2
Issuance and renewal of operating permits.
41-10-3
Application for permit--Maximum area of preserve.
41-10-4
Fee for permit.
41-10-4.5
Notice of application--Submission of opinion--Status as interested party--Notice of
decision.
41-10-5
Repealed.
41-10-6
Inspection of shooting preserve area--Evaluation of applicant's ability.
41-10-7
Issuance of permit--Criteria established--Effective date of certain provisions.
41-10-7.1
Contested case hearing upon denial of shooting preserve operating permit--Request.
41-10-7.2
Contested case hearing upon grant of new shooting preserve operating permit--Request.
41-10-8
Consent to entry and search of premises by officer--Noncompliance as misdemeanor.
41-10-9
Species of game hunted under chapter.
41-10-10
Marking of game released--Unmarked game deemed wild.
41-10-11
Season for shooting preserves.
41-10-12
Resident basic game and fish license or nonresident general hunting license required
on preserve--Habitat restoration stamp--Violation as misdemeanor.
41-10-13
Game taken on preserve by licensed hunter.
41-10-14
Shooting hours, fees, and limitations on game species.
41-10-15
Repealed.
41-10-16
Tagging of pen raised or wild game taken by licensed hunter on shooting preserve.
41-10-17
Guest register and records required of permittee--Inspection by department--Violation as misdemeanor.
41-10-18
Owning, operating, leasing, or controlling shooting preserve without license--Misdemeanor.
41-10-19
Revocation or suspension of permit.
41-10-20
Appeal to circuit court from suspension or revocation of permit.
41-10-21
Citation of chapter.
CHAPTER 41-11
PROTECTION OF BIRDS AND SMALL GAME
41-11-1 Wild birds and wild animals as property of state.
41-11-2 Taking, possession, sale or transportation of wild bird or small game prohibited except as provided.
41-11-3 41-11-3. Repealed by omission from SL 1969, ch 100
41-11-4 Hunting, transportation, sale or possession of game birds prohibited--Violation as misdemeanor.
41-11-5 Establishing season for game birds--Closing.
41-11-5.1 41-11-5.1. Repealed by SL 1972, ch 227, § 3
41-11-5.2 41-11-5.2. Repealed by SL 1991, ch 337, § 73
41-11-5.3 41-11-5.3. Repealed by SL 1972, ch 227, § 3
41-11-5.4 41-11-5.4. Repealed by SL 1977, ch 190, § 576
41-11-5.5 Pheasant hunt--Disabled veterans and former prisoners of war--Promulgation of rules.
41-11-6 41-11-6. Repealed by SL 1981, ch 302
41-11-7 Possession or destruction of nest or eggs of protected birds prohibited--Violation as misdemeanor.
41-11-8 Sale of parts of protected bird prohibited--Exceptions--Violation as misdemeanor.
41-11-9 41-11-9. Repealed by SL 1991, ch 337, § 76
41-11-10 Birds not protected or conditionally protected by chapter.
41-11-11 Raptor license required--Violation as misdemeanor.
41-11-12 41-11-12 to 41-11-14. Repealed by SL 1985, ch 15, §§ 54 to 56
41-11-15 Reintroduction of black-footed ferret.
CHAPTER 41-12
FISHING SEASONS AND METHODS
41-12-1 41-12-1. Repealed by SL 1991, ch 337, § 77.
41-12-2 Fishing in private water used for propagation as misdemeanor except by consent.
41-12-3 Labeling and access to fishing houses erected on ice--Neglect as misdemeanor--Exception for portable shelters.
41-12-4 41-12-4. Repealed by SL 1984, ch 273, § 83.
41-12-5 Fishing restricted to hook and line except as provided--Violation as misdemeanor.
41-12-6 Fishing with excessive number of lines as misdemeanor.
41-12-7 Fishing lines to be attended--Violation as misdemeanor.
41-12-7.1 41-12-7.1. Repealed by SL 1980, ch 287.
41-12-8 Prohibited bait--Violation as misdemeanor.
41-12-9 Nets, seines, and similar devices, weirs, dams, and artificial obstructions prohibited--Violation as misdemeanor--Permits for use of devices by private landowners.
41-12-9.1 Repealed.
41-12-10 41-12-10. Repealed by SL 1984, ch 273, § 87.
41-12-11 41-12-11. Repealed by SL 1985, ch 324, § 6.
41-12-12 Fishing devices prohibited--Landing nets and gaffs permitted--Violation as misdemeanor.
41-12-13 Use of explosives, electrical devices, and drugs as misdemeanor.
41-12-14 Departmental agents exempt when managing fishery resources.
41-12-15 Law of adjoining state to be observed on boundary waters--Misdemeanor.
41-12-16 Taking of certain species from Missouri River boundary waters permitted.
41-12-17 Seining of scavenger and unprotected fish from boundary waters permitted.
41-12-18 41-12-18. Repealed by SL 1984, ch 273, § 89.
41-12-19 Agreements with adjoining states for reciprocal recognition of licenses and enforcement.
41-12-20 41-12-20. Repealed by SL 1979, ch 285.
41-12-21 Limit of fish taken by fishing party--Exception.
41-13-1
Dumping of refuse or chemicals into game fish waters as misdemeanor--Liability for
restoration.
41-13-1.1
Agricultural producer not liable for result of normal farming practices.
41-13-2
Permit required to use plant control chemicals in game fish waters--Violation as
misdemeanor--Promulgation of rules.
41-13-3
Commission authority required to introduce fish or eggs into public waters--Violation
as misdemeanor.
41-13-3.1
Unauthorized importation of salmonidae as misdemeanor.
41-13-4
Emptying bait container into public waters as misdemeanor.
41-13-5
Department authorized to remove rough fish and bullheads from public waters.
41-13-6
Additional species to be treated as rough fish.
41-13-7
Contract fishing for rough fish and bullheads--Supervision--Bond required.
41-13-8
Tagging and identification of devices used by contract fishermen.
41-13-9
Sale and transportation of fish taken under commission program.
41-13-10
Disposition of game fish taken in rough fish control operations.
41-13-11
Disposition of proceeds from sale of game fish.
CHAPTER 41-13A
AQUATIC INVASIVE SPECIES
41-13A-1 Definitions.
41-13A-2 Aquatic invasive species--Prohibitions--Violation as misdemeanor.
41-13A-3 Conveyance placement--Requirements--Violation as misdemeanor.
41-13A-4 Conveyance removal--Requirements--Violation as misdemeanor.
41-13A-5 Inspection stations--Required inspections--Violation as misdemeanor.
41-13A-6 Inspection stations--Inspections--Decontamination.
41-13A-7 Law enforcement authority--Inspections--Decontamination.
CHAPTER 41-14
POSSESSION, TRANSPORTATION AND SALE OF GAME AND FISH
41-14-1 Possession of unlawfully taken or imported bird, animal, or fish as misdemeanor.
41-14-2 Possession of protected bird, animal, or fish as prima facie evidence of state ownership.
41-14-3 Possession during closed season as prima facie evidence of taking during closed season--Burden of proof as to lawful taking.
41-14-4 Tagging required for public storage of game--Tagging requirements to be posted--Public storage defined--Violation as misdemeanor.
41-14-5 Service of game in public eating house during closed season as misdemeanor.
41-14-6 Service of game birds in public eating house permitted when obtained from authorized private sources.
41-14-7 Transportation of birds by common carrier prohibited except as provided--Violation as misdemeanor.
41-14-8 Carriage of small game on common carrier--Information required for shipment--Permit--Violation as misdemeanor.
41-14-9 41-14-9. Repealed by SL 1981, ch 295, § 3
41-14-10 Carriage of game bird by employee of common carrier as misdemeanor.
41-14-11 Possession of more than one big game animal as prima facie evidence of violation--Taxidermist excepted.
41-14-12 Sale, purchase, or barter of meat, organs, or paws of big game animal as misdemeanor.
41-14-13 41-14-13. Repealed by SL 2019, ch 191, § 2.
41-14-14 Tag required for big game transport--Violation as misdemeanor.
41-14-15 Licensee authorized to transport big game.
41-14-16 Tag required for big game transport--Common carrier.
41-14-17 Transportation permit required for transportation of big game by common carrier--Disposition of copies of permit.
41-14-18 Sale, shipment, or possession of raw skins of fur-bearing animals as misdemeanor except as provided.
41-14-19 Possession of raw skin as prima facie evidence of state ownership.
41-14-20 Possession of raw skin during closed season as prima facie evidence of taking during closed season--Burden of proof as to lawful taking.
41-14-21 Transportation of fur-bearing animal by common carrier prohibited except as provided--Violation as misdemeanor.
41-14-22 Storage and shipment of raw furs permitted during closed season to licensed dealers.
41-14-23 Records required of fur dealers--Open to inspection--Violation as misdemeanor.
41-14-24 41-14-24. Repealed by SL 2015, ch 213, § 2.
41-14-25 Sale or knowing purchase of fish as misdemeanor except as provided.
41-14-26 41-14-26 to 41-14-28. Repealed by SL 2000, ch 209, §§ 5 to 7
41-14-29 Sale and transportation of rough fish permitted.
41-14-30 41-14-30. Repealed by SL 1985, ch 324, § 7
41-14-31 41-14-31. Repealed by SL 1988, ch 334, § 9
41-14-32 Unlawful taking, possession, sale, or transportation of birds, animals, or fish as misdemeanor.
41-14-33 Transportation of lawfully taken big game animal prohibited unless tagged--Violation as misdemeanor.
41-14-34 Repealed by SL 2012, ch 201, § 4.
41-14-35 Taking baitfish without license as misdemeanor--Exception.
CHAPTER 41-15
ENFORCEMENT POWERS AND PROCEDURES
41-15-1 Department to enforce game and fish laws.
41-15-2 Jurisdiction of courts and officers over boundary waters--Concurrent jurisdiction of adjoining states.
41-15-3 Law enforcement officers to enforce game and fish laws.
41-15-4 41-15-4, 41-15-5. Repealed by SL 1996, ch 254, §§ 1, 2
41-15-6 Inspection and counting of birds, animals, and fish to be permitted by person in possession--Stopping of motor vehicle or other conveyance for inspection.
41-15-7 Refusal to permit or interference with inspection as misdemeanor.
41-15-8 Repealed
41-15-9 41-15-9. Repealed by SL 1977, ch 190, § 604
41-15-10 Conservation officers authorized to execute process--Arrest without warrant--Assistance by peace officers--"Conservation officer" defined.
41-15-10.1 Law enforcement powers of conservation officers certified or appointed by law enforcement officers standards commission.
41-15-11 Summons issued to person arrested for misdemeanor--Release from custody on promise to appear--Bond required of nonresident.
41-15-12 41-15-12. Repealed by SL 1999, ch 214, § 2
41-15-13 Taking before magistrate on refusal of promise to appear on misdemeanor charge.
41-15-14 Seizure and disposition of contraband game and fish.
41-15-15 Seizure of hunting and fishing equipment for use as evidence--Return to defendant--Abandonment by failure to claim.
41-15-16 Repealed
41-15-16.1 Fish house or other shelter on ice of public waters--Seizure or destruction.
41-15-17 Search warrant for contraband bird, animal, fish, or skin--Execution of warrant.
41-15-18 Unlawfully possessed bird, animal, fish, skin, or container as contraband--Seizure by officer.
41-15-18.1 Repealed
41-15-19 Report to secretary of contraband seized.
41-15-20 Sale of contraband and abandoned property--Disposition of proceeds--Record of sales--Tagging of articles sold.
41-15A-1
Compact entry by participating states--Form.
41-15A-2
Purpose of chapter and compact.
41-15A-3
Definitions.
41-15A-4
Enforcement by Department of Game, Fish and Parks.
41-15A-5
Issuance of wildlife violation citation to resident of participating state--Collateral not
required to secure appearance--Exceptions.
41-15A-6
Personal recognizance.
41-15A-7
Noncompliance with wildlife citation terms--Report to licensing authority of issuing
state.
41-15A-8
Issuing state to transmit information on noncompliance to violator's home state--Form and content.
41-15A-9
Notification of failure to comply with citation--Period to comply--Suspension of
privileges--Due process--Record.
41-15A-10
Notification of privileges suspension--Hearing upon request--Procedure.
41-15A-11
Powers of commission at hearing--Authority to affirm, modify, or rescind suspension
of privileges.
41-15A-12
Suspension effective upon failure to request hearing or affirmation of suspension--Surrender of license.
41-15A-13
Recognition of suspension of license privileges by participating states.
41-15A-14
Suspension information communicated to other participating states--Form and
content.
41-15A-15
Authority to suspend privileges in home state upon receipt of notice of suspension
by participating state--Notification--Surrender of license.
41-15A-16
Effect of compact on right of participating states to apply license privilege laws or
enter into agreements.
41-15A-17
Board of compact administrators--Appointment of compact administrators--Alternate.
41-15A-18
Voting by board--Majority for binding action--Quorum.
41-15A-19
Board election of presiding officer and vice presiding officer.
41-15A-20
Bylaws adoption, amendment, and rescission.
41-15A-21
Donations and grants--Acceptance, use, and disposal.
41-15A-22
Board authority to contract or accept services or personnel.
41-15A-23
Compact manual to contain all procedures and forms adopted by board.
41-15A-24
Effective date of compact.
41-15A-25
Entry into compact by resolution of ratification--Approval by commission.
41-15A-26
Form and content of resolution.
41-15A-27
Effective date of entry into compact--Limitations.
41-15A-28
Withdrawal from compact participation--Notice--Effective date.
41-15A-29
Commission authorized to enter or withdraw from compact.
41-15A-30
Amendments authorized--Presentation in resolution form initiated by participating
states.
41-15A-31
Adoption of amendment--Effective date.
41-15A-32
Failure to respond after receipt of proposed amendment--Endorsement.
41-15A-33
Commission authorized to adopt amendments.
41-15A-34
Construction of compact--Severability of provisions.
41-16-1
Transferred.
41-16-1.1
Transferred.
41-16-2, 41-16-3. Transferred.
41-16-4 to 41-16-6. Transferred.
41-16-7
Transferred.
41-16-8 to 41-16-10. Repealed.
41-16-11
Distribution to counties of federal payments from Black Hills National Forest.
41-16-12
Payment to Harding County of receipts from Custer National Forest.
41-16-13
Maximum national forest receipts paid to counties.
41-16-14
Annual determination and payment of amounts due counties from national forests--Use for roads and schools.
41-16-15
Apportionment among school districts and funds of county receipts from national
forests.
CHAPTER 41-17
STATE PARKS
41-17-1 State parks--Enumeration.
41-17-1.1 Rules for administration, management, and development of state park system--Violation as misdemeanor.
41-17-2 Legislative adoption required for new state park.
41-17-3 Repealed by SL 2012, ch 201, § 5.
41-17-4 Construction and acquisition of recreational facilities within parks and recreational areas.
41-17-5 Revenue bonds authorized for recreational facilities in parks--Terms of bonds--Maximum amount.
41-17-6 Pledge of revenues as security for bonds--Apportionment of revenue when existing facilities improved.
41-17-7 Bond recital as to sources of payment--Disclaimer of state obligation.
41-17-8 Sale of revenue bonds--Terms--Negotiability.
41-17-9 Bond obligation restricted to revenues pledged.
41-17-10 Assistance in maintenance of Custer County schools--Maximum amounts.
41-17-11 Agreements for use of Custer State Park by National Guard--Lease authorized.
41-17-11.1 Repealed.
41-17-11.2 Repealed.
41-17-11.3 Repealed.
41-17-11.4 Repealed.
41-17-11.5 Repealed.
41-17-12 New highways, roads, and trails in state parks--Violation as misdemeanor.
41-17-13 Park license--Lakeside use and state recreation areas--Fees--Promulgation of rules.
41-17-13.1 41-17-13.1. Repealed by SL 1972, ch 228, § 4
41-17-13.2 Exemptions from park license requirement.
41-17-13.3 Campground permit or charges not included in park license.
41-17-13.4 Free admission and reduced fees for certain veterans.
41-17-14 Use of fees from park licenses--Land purchase prohibited.
41-17-14.1 Camping permits--Issuance--Use of fees.
41-17-15 Deposit and use of park service fees.
41-17-16 41-17-16. Repealed by SL 1984, ch 273, § 9
41-17-17 41-17-17. Repealed by SL 1985, ch 329
41-17-18 Hunting and trapping in Custer State Park as misdemeanor.
41-17-18.1 Permitting dogs at large as misdemeanor.
41-17-19 41-17-19, 41-17-20. Repealed by SL 1984, ch 273, §§ 11, 12
41-17-21 Parks and recreation fund created--Expenditure.
41-17-22 41-17-22. Repealed by SL 2004, ch 334, § 13
41-17-22.1 Imposition of promotion fee on concessionaires--Exemption from taxation--Deposit and use.
41-17-22.2 Classification of concession rights, privileges, and leasehold interest for taxation--Exemptions.
41-17-22.3 41-17-22.3. Repealed by SL 2009, ch 206, § 105.
41-17-22.4 Procedure for sale, assignment, or transfer of concessionaire leases.
41-17-22.5 Custer State Park bond redemption fund created--Expenditures.
41-17-22.6 Amount of revenue from concession contracts deposited in Custer State Park fund.
41-17-23 Grazing on state park or game preserve without permit as misdemeanor.
41-17-24 Failure to close gate in park or game preserve as misdemeanor.
41-17-25 41-17-25. Repealed by SL 1997, ch 239, § 4
41-17-26 Department required to fence land used for rails to trails program.
41-17-27 Certain motor vehicles prohibited from Black Hills Burlington Northern Heritage Trail--Violation as misdemeanor.
41-17-28 Golf carts used within state parks or recreation areas.
41-18-1
County parks and bodies of water as public purpose--Acquisition of property,
borrowing, expenditure of general funds and issuance of bonds authorized.
41-18-2
Acceptance of gift for park purposes authorized without petition or hearing.
41-18-3
Freeholders' petition for establishment of park--Contents--Hearing on petition.
41-18-4
Publication of notice of hearing on park petition--Description of land.
41-18-5
Survey and plat of area approved for park--Acquisition if borrowing not required.
41-18-6
Bond issue for county park or body of water authorized--Issuance--Sale--Election.
41-18-7 to 41-18-9. Repealed.
41-18-10
Bond proceeds deposited in park fund--Warrants for disbursements.
41-18-11
Acquisition of park property--Payment from county general fund.
41-18-12
Maximum payment for property acquisition.
41-18-13
Maximum payment not applicable when bonds issued.
41-18-14
Resolution for payment of agreed price for property.
41-18-15
Resolution for condemnation of private property for park.
41-18-16
Abatement of proceedings when condemnation judgment excessive--Payment of
costs.
41-18-17
Acquisition of land surrounding body of water in county park.
41-18-18
Grant of easements or title to United States in consideration for construction of body
of water.
41-18-19
Survey and subdivision of waterfront lots before sale--Restrictions on use of lots.
41-18-20
Appraisal of waterfront lots.
41-18-21
Sale of waterfront lots--Minimum price--Time of appraisal.
41-18-22
Terms of sale of waterfront lots--Minimum down payment and maximum contract
period.
41-18-23
Deposit of proceeds from sale of waterfront lots.
41-18-24
Improvement and maintenance of county parks--Payment of expense.
41-18-25
Minimum distance of dance hall from county park.
41-19-1
Snowmobile trails fund appropriated--Accumulation without reversion.
41-19-2
Acquisition and improvement of snowmobile trails and areas.
41-19-3
Disbursements from snowmobile trails fund.
41-19-4
Use of trails and areas restricted to licensed snowmobiles--Violation as
misdemeanor.
41-19-5
Obsolete.
41-19-6
Marking trails on public lands--Directions to public use area.
CHAPTER 41-20
FORESTRY
41-20-1 41-20-1 to 41-20-6. Repealed by SL 2013, ch 196, §§ 1, 2.
41-20-7 41-20-7. Repealed by SL 1986, ch 360
41-20-8 41-20-8 to 41-20-8.3. Repealed by SL 2013, ch 196, § 2.
41-20-8.4 41-20-8.4 to 41-20-8.8. Repealed by SL 2012, ch 23, § 10.
41-20-9 41-20-9 to 41-20-13. Repealed by SL 2013, ch 196, § 2.
41-20-14 Definitions.
41-20-15 Promulgation of rules.
41-20-16 State forester--Qualifications and authority.
41-20-17 Duties of state forester.
41-20-18 Assistance in management and protection of forestland, woodland, shelterbelt, and rangeland.
41-20-19 Assistance in tree planting.
41-20-20 Preference to trees and seeds grown in state and to state dealers.
41-20-21 41-20-21. Repealed by SL 2015, ch 204, § 31.
41-20-22 Forestry fund.
41-20-23 Conservation and development of forests and timber.
41-20-24 Control and mitigation of damage by forest insects and diseases.
41-20-25 Entry on private land to locate forest insect or disease infestation.
41-20-26 Reimbursement of landowner for control measures.
41-20-27 Infestation control by state forester--Cost charged to landowner.
41-20-28 Certification and collection of costs as taxes.
41-20A-1
Division of Wildland Fire.
41-20A-2
State wildland fire coordinator--Qualifications and authority.
41-20A-3
Duties of state wildland fire coordinator.
41-20A-4
Promulgation of rules.
41-20A-5
Policies for protection of homes and other structures.
41-20A-6
Prevention and suppression of forest fires--Court action against person responsible
for fires.
41-20A-7
Interference with forest service fire equipment as misdemeanor.
41-20A-8
State fire suppression special revenue fund.
41-20A-9
Payments from fund.
41-20A-10
Assistance in protection of forestland, woodland, shelterbelt, and rangeland--Collection of costs.
41-20A-11
Assistance in suppression of range fire within county--Reimbursement of expenses.
41-20A-12
Mutual aid agreements with fire suppression organizations.
41-20A-13
Repealed.
41-23-1
Legislative findings.
41-23-2
Definitions.
41-23-3
Agreements for recreational use of nonmeandered lakes.
41-23-4
Permission to use portion of nonmeandered lake.
41-23-5
Markers identifying area of nonmeandered lake not open to public recreational use
without permission or agreement.
41-23-6
Financial compensation for permission to fish prohibited--Misdemeanor.
41-23-7
Certain nonmeandered lakes declared open for recreational use.
41-23-8
List of nonmeandered lakes open for recreational use.
41-23-9
Petition to restrict recreational use of listed nonmeandered lake.
41-23-10
Maximum term of lease or license.
41-23-11
Limitation of liability of owner of property under lakes.
41-23-12
Promulgation of rules regarding marker standards.
41-23-13
Notification to department of restricted areas--Publication by department.
41-23-14
Right of ingress or egress on private property not created.
41-23-15
Walking, wading, standing, or operating motor vehicle on bed of nonmeandered lake,
or trapping or hunting on frozen surface without permission prohibited.
41-23-16
Petition to open portion of marked nonmeandered lake for transportation.
41-23-17
Restrictions on portion of nonmeandered lake opened for transportation.
41-23-18
Criminal trespass--Exceptions.
41-23-19
Report to Executive Board of Legislative Research Council--Hearings.
