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 Repealed by SL 2001, ch 227, §§ 3 to 5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 Repealed by SL 2001, ch 227, § 7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 Repealed by SL 1991, ch 337, § 3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.

41-1-1. Definitions.

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, frogs, toads, salamanders, crayfish, freshwater shrimp, clams, snails and leeches;

(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, wild mountain lion, wild black bear, and wild turkey. The term includes facsimiles of big game used for law enforcement purposes, but does not include any captive nondomestic animal of the mammalia class and the products thereof regulated by the Animal Industry Board under Title 40;

(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)    "Domicile," a person's established, fixed, and permanent home, in which the person physically lives, and, whenever absent, has the present intention of returning;

(11)    "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;

(12)    "Fur-bearing animals," opossum, muskrat, beaver, mink, marten, river otter, fisher, blackfooted ferret, skunks (all species), raccoon, badger, red, grey and swift fox, coyote, bobcat, lynx, weasel, and jackrabbit;

(13)    "Game," all wild mammals or birds;

(14)    "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;

(15)    "Hunt" or "hunting," shooting, shooting at, pursuing, taking, attempting to take, catching, or killing of any wild animal or animals;

(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, wolf, gray fox, red fox, skunk, gopher, ground squirrel, chipmunk, jackrabbit, marmot, opossum, porcupine, crow, and prairie dog;

(22)    "Resident," a person having a domicile within this state for at least ninety consecutive days immediately preceding the date of application for, purchasing, or attempting to purchase any license required under the provisions of this title or rules of the commission, who makes no claim of residency in any other state or foreign country for any purpose, and other than for a person described in § 41-1-1.1, claims no resident hunting, fishing, or trapping privileges in any other state or foreign country, and prior to any application for any license, transfers to this state the person's driver's license and motor vehicle registrations. Documentation showing a mailing address, ownership of a property or a business, or employment in the state is not sufficient by itself to prove that a person has a domicile in or is a resident of this state;

(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 gallinule; 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; and

(28)    "Wild animal," any mammal, bird, fish, or other creature of a wild nature endowed with sensation and the power of voluntary motion.

Source: SDC 1939, § 25.0101; SL 1941, ch 102; SL 1961, ch 112; SL 1967, ch 80, §§ 1, 2; SL 1968, ch 97, §§ 1 to 3; SL 1976, ch 254, §§ 1, 2; SL 1976, ch 257, §§ 5, 6; SL 1978, ch 298, § 1; SL 1979, ch 274, § 1; SL 1983, ch 293, § 1; SL 1985, ch 324, § 1; SL 1986, ch 349, § 1; SL 1988, ch 334, § 1; SL 1993, ch 311, § 5; SL 1995, ch 235; SL 1998, ch 252, § 4; SL 2000, ch 203, § 1; SL 2001, ch 226, § 1; SL 2003, ch 220, § 1; SL 2006, ch 215, § 1; SL 2007, ch 236, § 1; SL 2007, ch 237, § 1; SL 2007, ch 238, § 1; SL 2008, ch 216, §§ 1, 2; SL 2013, ch 206, § 1; SL 2018, ch 248, § 1; SL 2019, ch 184, § 1, eff. Mar. 11, 2019; SL 2022, ch 60, § 2; SL 2024, ch 171, § 1.

41-1-1.1. Persons deemed state residents.

For the purposes of this title, the following are deemed to be residents of this state:

(1)    Any person who previously had a domicile in this state who is absent due to business of the United States or of this state, or is serving in the armed forces of the United States or the spouse of an active duty military person;

(2)    Any person who previously had a domicile in this state who is absent due to the person's regular attendance at a post-high school institution as a full-time student or due to the person's regular attendance in a medical or dental residency program;

(3)    Any person in the active military of the United States or that person's spouse who is continuously stationed in this state;

(4)    Any person who is a patient in any war veterans' hospital within this state;

(5)    Any person who is an employee of the veterans' administration or any veterans' hospital in this state;

(6)    Any person residing on restricted military reservations in this state;

(7)    Any person attending regularly a post-high school institution in this state as a full-time student for thirty days or more immediately preceding the application;

(8)    Any foreign exchange student over sixteen years of age attending a public or private high school who has resided in the state for thirty days or more preceding the application;

(9)    Any foreign exchange student who is between the ages of twelve years and sixteen years who has completed the Department of Game, Fish and Parks' course of instruction in the safe handling of firearms and has been issued a certificate of competency upon completion of instruction and who has resided in the state for thirty days or more preceding application for a license;

(10)    Any person who is a minor dependent of a resident of this state; and

(11)    For the purpose of acquiring resident small game and fishing licenses, any person who does not reside in South Dakota but who is a member of the South Dakota National Guard or of any other unit of a reserve component of the armed forces of the United States that is located in South Dakota.

Source: SL 2008, ch 216, § 3; SL 2014, ch 197, § 1.

41-1-1.2. Termination of resident status.

Except for a person who continues to qualify for resident privileges as provided in § 41-1-1.1, a person is deemed to have terminated the person's South Dakota resident status if the person applies for, purchases, or accepts a resident hunting, fishing, or trapping license issued by another state or foreign country; registers to vote in another state or foreign country; accepts a driver's license issued by another state or foreign country; moves to any other state or foreign country and makes it the person's domicile or makes any claim of residency for any purpose in the other state or foreign country; or when a person resides in any other state, territory, or country for an aggregate of one hundred eighty or more days in a calendar year. However, a person who has lawfully acquired a resident hunting, fishing, or trapping license and who leaves the state after acquiring the license to take up residency elsewhere may continue to exercise all the privileges granted by the license until the license expires if the person's respective privileges are not revoked or suspended pursuant to §§ 41-6-75 to 41-6-75.2, inclusive.

Source: SL 2008, ch 216, § 4; SL 2024, ch 171, § 2.

41-1-1.3. Definition of trophy animals.

Terms, as used in this chapter, mean:

(1)    "Trophy antelope," any antelope with at least one horn greater than fifteen inches in length, as measured along the outside curve from base to tip;

(2)    "Trophy mule deer," any mule deer having a Boone and Crockett gross score of one hundred sixty points or greater;

(3)    "Trophy white-tailed deer," any white-tailed deer having a Boone and Crockett gross score of one hundred forty points or greater; and

(4)    "Trophy elk," any elk having a Boone and Crockett gross score of three hundred ten points or greater.

The Boone and Crockett score shall be determined using the Boone and Crockett Club's official scoring system for North American big game trophies as provided in Records of North American Big Game, 12th Edition, The Boone & Crockett Club, Missoula, MT, 2005. For purposes of this section, antlers or skulls may be measured at any time; no drying period is required.

Source: SL 2010, ch 206, § 1.

41-1-1.4. Definition of nontrophy animals.

For purposes of this chapter, any antelope, mule deer, white-tailed deer, or elk not defined as a trophy is considered nontrophy.

Source: SL 2010, ch 206, § 2.

41-1-2. Game birds, animals, and fish as property of state.

No person may acquire any property in, or subject to dominion or control, any game bird, game animal, or game fish, or any part thereof. Game birds, game animals, and game fish are the property of the state, except as provided by § 41-1-3.

Source: SDC 1939, § 25.0411; SL 2009, ch 206, § 1.

41-1-3. Lawful use of game bird, animal, or fish.

Any person who kills, catches, or takes any game bird, game animal, or game fish in the manner provided by law or rules promulgated by the Game, Fish and Parks Commission, for the purposes authorized by law, and during the periods when their killing is not prohibited, may use the game bird, game animal, or game fish during the time, in the manner, and for the purposes expressly authorized by law.

Source: SDC 1939, § 25.0411; SL 2009, ch 206, § 2.

41-1-4. Wanton waste or destruction of protected birds, animals and fish prohibited--Violation as misdemeanor.

No person may wantonly waste or destroy any of the birds, animals, or fish of the kinds protected by the laws of this state. A violation of this section is a Class 2 misdemeanor.

Source: SDC 1939, § 25.0417; SL 1992, ch 293, § 1.

41-1-5. Forfeiture of right to game by unlawful taking, shipment or possession--State entitled to possession.

Any person who kills, catches, takes, ships, possesses, or controls any game bird, game animal, or game fish, or any part of any such bird, animal, or fish, at any time or in any manner prohibited by law, thereby forfeits any right to use or possess the bird, animal, or fish, or any part thereof. The state is entitled to the sole possession of the bird, animal, or fish.

Source: SDC 1939, § 25.0411; SL 2009, ch 206, § 3.

41-1-5.1. Civil damage liability to state for unlawful killing or taking of wild animals--Amount--Return of uninjured animal--Exemption.

Any person, other than a minor under the age of sixteen years, who willfully and unlawfully kills, destroys, takes, or possesses in this state any wild animal designated by this section:

(1)    Without an applicable and valid big game or small game license;

(2)    At a time or place when and where taking or possession of such regulated wild animal is prohibited;

(3)    In excess of the legal limit of big game if exceeded by one or more; or

(4)    In excess of the legal daily or possession limit of small game bird or fish if exceeded by two or more;

is liable to the state for civil damages.

The civil damages are five thousand dollars for each nontrophy elk, mountain lion, or buffalo; ten thousand dollars for each mountain goat or mountain sheep; one thousand dollars for each nontrophy mule deer, nontrophy white-tailed deer, nontrophy antelope, or bobcat; two hundred dollars for each turkey; two hundred dollars for each paddlefish; one hundred dollars for each small game bird; and fifty dollars for each fish for any species, other than paddlefish, with an established daily limit of less than twenty-five. The civil damages for each trophy antelope, trophy mule deer, and trophy white-tailed deer as defined in § 41-1-1.3 may not be less than two thousand dollars and may not exceed five thousand dollars, and the civil damages for each trophy elk as defined in § 41-1-1.3 may not be less than six thousand dollars and may not exceed ten thousand dollars.

If a person has taken or is in possession of more than two times the lawful daily or possession limit of a regulated wild animal, such person is liable for twice the damages provided in this section.

However, the return uninjured of the wild animal to the place where captured, or to such other place as the Department of Game, Fish and Parks may direct, constitutes a discharge of such damages. Moreover, the provisions of this section do not apply to any person, who, after providing written notice received by the Department of Game, Fish and Parks, forty-eight hours in advance, takes reasonable actions to protect the person's land, livestock, or crops from serious and extraordinary damages caused by elk, deer, antelope, wild turkey, or mountain lion. Nothing in this section or any other provision of law prevents any person from taking any action necessary to protect the personal safety of that person or any other person who is in immediate danger of harm from a mountain lion or other animal specified in this section.

Source: SL 1969, ch 104; SL 1985, ch 321, § 2; SL 1998, ch 254, § 1; SL 1999, ch 209, § 2; SL 2001, ch 227, § 1; SL 2010, ch 206, § 3.

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.

The liquidated damages provided for in this chapter and taxable costs may be collected by the Department of Game, Fish and Parks in a civil suit brought by it, in the name of the State of South Dakota, against the person claimed to be liable therefor. Conviction of a criminal offense for the same incident leading to the charges specified in § 41-1-5.1 is prima facie evidence of the defendant's civil liability. Failure to obtain conviction on a criminal charge is not a bar to a separate civil action for such liquidated damages.

The department, collecting such liquidated damages and taxable costs for wild animals other than trophy antelope, trophy mule deer, trophy white-tailed deer, and trophy elk as defined in § 41-1-1.3, shall deposit them in the Department of Game, Fish and Parks fund. Any other public agency or department of the state, collecting liquidated damages and taxable costs for wild animals other than trophy antelope, trophy mule deer, trophy white-tailed deer, and trophy elk as defined by § 41-1-1.3, shall remit the moneys collected, less the agreed collection fee, to the state treasurer who shall deposit them in the Department of Game, Fish and Parks fund.

From the civil damages collected for each trophy antelope, trophy mule deer, trophy white-tailed deer, and trophy elk as defined in § 41-1-1.3, an amount equal to the liquidated damages for a nontrophy antelope, nontrophy mule deer, nontrophy white-tailed deer, or nontrophy elk as defined in § 41-1-1.4, as the case may be, shall be deposited in the Game, Fish and Parks fund with the excess to be deposited in the general fund of the school district in which the trophy animal was illegally taken.

The judgment and liquidated damages may be collected by an agent. Fees to agents authorized to collect on a judgment under this section may not exceed fifty percent of the total amount collected. With approval of the department, agreed collection fees may be deducted from the moneys collected when remitted or may be paid on warrants drawn by the state auditor on itemized vouchers approved by the secretary of game, fish and parks and submitted simultaneously with the moneys collected.

Source: SL 1969, ch 104; SL 1976, ch 255; SL 1989, ch 351, § 1; SL 1989, ch 352, § 1; SL 1991, ch 337, § 2; SL 1996, ch 5, § 3; SL 1997, ch 235, § 4; SL 2001, ch 227, § 2; SL 2010, ch 206, § 4.