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 Repealed by SL 1981, ch 295, § 3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 Repealed by SL 2019, ch 191, § 2.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 Repealed by SL 2015, ch 213, § 2.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 Repealed by SL 2000, ch 209, §§ 5 to 7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.
41-14-1. Possession of unlawfully taken or imported bird, animal, or fish as misdemeanor.
It is a Class 2 misdemeanor for any person to possess or control any bird, animal, or fish, or any part of any bird, animal, or fish, that has been unlawfully taken, caught, or killed in this or any other state or foreign country, or that has been unlawfully transported into this state.
It is a Class 1 misdemeanor for any person to possess or control any big game animal, or any part of any big game animal, that has been unlawfully taken, caught, or killed in any other state or foreign country, or that has been unlawfully transported into this state.
Source: SDC 1939, § 25.0415; SL 1977, ch 190, § 592; SL 1991, ch 337, § 80; SL 2009, ch 206, § 69.
41-14-2. Possession of protected bird, animal, or fish as prima facie evidence of state ownership.
The possession or control by any person of any bird, animal, or fish, or any part of any bird, animal, or fish, the killing of which is at any time prohibited, is prima facie evidence that the bird, animal, or fish was the property of this state at the time it was caught, taken, or killed, and that it was caught, taken, or killed in this state.
Source: SDC 1939, § 25.0416; SL 1969, ch 100; SL 2009, ch 206, § 70.
41-14-3. Possession during closed season as prima facie evidence of taking during closed season--Burden of proof as to lawful taking.
The possession or control by any person of any bird, animal, or fish at any time when the killing, taking, or possession of the bird, animal, or fish is unlawful is prima facie evidence that the taking or killing occurred during the closed season, unless the person in possession of the bird, animal, or fish shows that at the time it was caught, taken, or killed, it was lawfully caught, taken, or killed either within or without the state, and that the person was lawfully in possession of the bird, animal, or fish.
Source: SDC 1939, § 25.0416; SL 1969, ch 100; SL 2009, ch 206, § 71.
41-14-4. Tagging required for public storage of game--Tagging requirements to be posted--Public storage defined--Violation as misdemeanor.
No person may place into public storage any game bird, game fish, or game animal unless the game bird, game fish, or game animal has attached to it a tag showing the owner's name and address, the number and kind of bird, fish, or animal and the date the bird, fish, or animal is placed in storage. Any person who accepts into public storage any game bird, game fish, or game animal must post notice of the tagging requirements of this section in a conspicuous place adjacent to the public storage. For the purposes of this section, public storage is any business that stores game birds, game fish, or game animals for a fee or a convenience and has a South Dakota sales tax license. A violation of this section is a Class 2 misdemeanor.
Source: SDC 1939, § 25.0404 as added by SL 1941, ch 108; SL 1943, ch 93; SL 1947, ch 110; SL 1957, ch 104; SL 1992, ch 293, § 12; SL 2000, ch 209, § 2.
41-14-5. Service of game in public eating house during closed season as misdemeanor.
It is a Class 2 misdemeanor for any keeper of any public eating house to serve any guest or patron any game, the taking or killing of which is prohibited by law, during any of the periods when the taking or killing of the same is prohibited, except as provided by § 41-14-6.
Source: SDC 1939, § 25.0421; SL 1955, ch 82; SL 1967, ch 85, § 7; SL 1977, ch 190, § 593.
41-14-6. Service of game birds in public eating house permitted when obtained from authorized private sources.
The keeper of any public eating house may serve to any guest or patron in whole or in part Chinese ringneck or English pheasant produced by a licensee under § 41-6-31, and any game bird taken under chapter 41-10.
Source: SDC 1939, § 25.0421 as added by SL 1955, ch 82; SL 1967, ch 85, § 7.
41-14-7. Transportation of birds by common carrier prohibited except as provided--Violation as misdemeanor.
Except as permitted by statute, or rule of the Game, Fish and Parks Commission, it is a Class 2 misdemeanor for a common carrier, its officers, agents, or servants to ship, carry, take, or transport any resident or migratory bird either within or beyond the confines of this state.
Source: SDC 1939, § 25.0404; SL 1941, ch 108; SL 1943, ch 93; SL 1947, ch 110; SL 1957, ch 104; SL 1991, ch 337, § 81.
41-14-8. Carriage of small game on common carrier--Information required for shipment--Permit--Violation as misdemeanor.
Any person licensed under the provisions of chapter 41-6 may carry as personal baggage any small game or fish lawfully taken or possessed . No person may knowingly ship or receive for shipment by common carrier any small game or fish unless the container containing the small game or fish has affixed to the outside of the container a clearly visible statement containing the following information:
(1) The name, address, and license number of the person shipping the small game or fish;
(2) The number and species of all small game and fish in the container;
(3) The date of shipment; and
(4) The name and address of the person to whom the small game or fish has been shipped.
A person other than the licensee may transport small game or fish with a transportation and shipping permit. A permit may be obtained from a conservation officer or a designee without a charge. A violation of this section is a Class 2 misdemeanor.
Source: SDC 1939, § 25.0502; SL 1981, ch 295, § 1; SL 1991, ch 337, § 82; SL 2000, ch 209, § 3.
41-14-10. Carriage of game bird by employee of common carrier as misdemeanor.
It is a Class 2 misdemeanor for an employee of any common carrier to carry any game bird or part of any game bird on a common carrier either as baggage or otherwise while engaged in the course of his or her employment.
Source: SDC 1939, § 25.0503; SL 1977, ch 190, § 594; SL 2009, ch 206, § 72.
41-14-11. Possession of more than one big game animal as prima facie evidence of violation--Taxidermist excepted.
The possession of the carcasses, skins, heads, or antlers of more than one big game animal shall be considered prima facie evidence of the violation of the provisions of § 41-8-6, except when in the possession of a duly licensed taxidermist for stuffing and mounting.
Source: SDC 1939, § 25.0705; SL 1967, ch 89, § 4.
41-14-12. Sale, purchase, or barter of meat, organs, or paws of big game animal as misdemeanor.
It is a Class 1 misdemeanor to purchase, barter, or sell the meat, internal organs, or paws of any big game animal. However, any paws attached to the skin of a big game animal are not subject to the provisions of this section.
Source: SDC 1939, § 25.0704; SL 1955, ch 85; SL 1961, ch 121, § 1; SL 1977, ch 190, § 595; SL 1980, ch 285, § 4; SL 2007, ch 236, § 2; SL 2019, ch 191, § 1.
41-14-14. Tag required for big game transport--Violation as misdemeanor.
No big game animal taken in this state may be transported unless legally tagged, as required by rules promulgated pursuant to chapter 1-26 by the Department of Game, Fish and Parks. The big game must be legally tagged at the time the big game animal is brought out to a road or into any hunting camp, dwelling, farmyard, or other place of abode of any kind, or before it is placed upon or in a vehicle of any kind. A violation of this section is a Class 1 misdemeanor.
Source: SDC 1939, § 25.0701 as added by SL 1949, ch 98; SL 1953, ch 111; SL 1959, ch 121; SL 1967, ch 89, § 1; SL 1968, ch 102, § 1; SL 1977, ch 190, § 596; SL 1978, ch 158, § 70; SL 2009, ch 206, § 73; SL 2021, ch 187, § 1.
41-14-15. Licensee authorized to transport big game.
Any person to whom there has been issued a license to hunt big game may carry, ship, or transport any big game animal or part of any big game animal lawfully possessed by the person upon the conditions set forth in §§ 41-14-16 and 41-14-17.
Source: SDC 1939, § 25.0707; SL 1941, ch 120; SL 1961, ch 121, § 2; SL 2009, ch 206, § 74.
41-14-16. Tag required for big game transport--Common carrier.
If any big game is transported by a common carrier, to a point within or outside of this state, the animal must be legally tagged, as required by rules promulgated pursuant to chapter 1-26 by the Department of Game, Fish and Parks. No person may have in possession or as common carrier any big game animal without being legally tagged. No big game animal may be offered for shipment, shipped, or received for shipment by transportation companies unless legally tagged. The provisions of this section do not apply to any nondomestic animal regulated pursuant to § 40-3-26, as long as the animals are accompanied by a bill of sale or other proof of ownership.
Source: SDC 1939, § 25.0707 (2); SL 1941, ch 120; SDC Supp 1960, § 25.0707 (1); SL 1961, ch 121, § 2; SL 1967, ch 89, § 6; SL 1968, ch 102, § 2; SL 1983, ch 288, § 3; SL 1993, ch 311, § 7; SL 2021, ch 187, § 2.
41-14-17. Transportation permit required for transportation of big game by common carrier--Disposition of copies of permit.
If a part of any big game animal is transported by a common carrier to a location within or outside of this state, the licensee shall procure the permit provided by § 41-6-22. One of the triplicates of the permit shall be mailed to the secretary of game, fish and parks by the person issuing the permit, one delivered to the licensee, and the other retained by the person issuing the permit. The permit delivered to the licensee shall be attached to the part of the big game animal to be transported, and if the permit is attached as provided in this section, a common carrier may receive the part of big game animal for shipment.
Source: SDC 1939, § 25.0707 (3); SL 1941, ch 120; SDC Supp 1960, § 25.0707 (2); SL 1961, ch 121, § 2; SL 2009, ch 206, § 75.
41-14-18. Sale, shipment, or possession of raw skins of fur-bearing animals as misdemeanor except as provided.
Except as otherwise specifically provided it is a Class 2 misdemeanor for any person to buy, sell, ship, or have in possession out of season the raw skins of any protected fur-bearing animals, whether caught, taken, or killed without or within this state.
Source: SDC 1939, § 25.0808; SL 1977, ch 190, § 597.
41-14-19. Possession of raw skin as prima facie evidence of state ownership.
The possession or control by any person of the raw skin of any protected fur-bearing animal, or any part of any protected fur-bearing animal, is prima facie evidence that the animal was the property of this state at the time it was caught, taken, or killed and that the animal was caught, taken, or killed in this state.
Source: SDC 1939, § 25.0808; SL 2009, ch 206, § 76.
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.
The possession or control by any person of the raw skin of any protected fur-bearing animal, or any part of any protected fur-bearing animal, at any time when the killing, taking, or possession of such an animal is unlawful is prima facie evidence that the taking and killing occurred during the closed season, unless the person in possession of the animal shows that the animal was lawfully caught, taken, or killed and that the person is lawfully in possession of the raw skin.
Source: SDC 1939, § 25.0808; SL 2009, ch 206, § 77.
41-14-21. Transportation of fur-bearing animal by common carrier prohibited except as provided--Violation as misdemeanor.
It is a Class 2 misdemeanor for a person or corporation acting as a common carrier to ship, carry, take, or transport either within or beyond the confines of the state any protected fur-bearing animal except as permitted by this title or any fur-bearing animal regulated by the Animal Industry Board under Title 40.
Source: SDC 1939, § 25.0808; SL 1991, ch 337, § 83; SL 2007, ch 245, § 1.
41-14-22. Storage and shipment of raw furs permitted during closed season to licensed dealers.
Any licensed fur dealer may hold and store raw furs during closed season, and the agent of any common carrier may accept such furs for shipment at any time upon evidence that the consignor is duly licensed under the provisions of this title.
Source: SDC 1939, § 25.0805; SL 2009, ch 206, § 78.
41-14-23. Records required of fur dealers--Open to inspection--Violation as misdemeanor.
Each fur dealer licensee, licensed pursuant to the provisions of § 41-6-25, shall keep a permanent record of each purchase made. The purchase record shall show the kind of each skin purchased, the date and place of each purchase, the full name and address of the vendor, and the price paid. The record shall also contain copies of all invoices of sales made by the licensee. Each invoice shall disclose the kind of each skin sold, date and place of sale, the name and address of the purchaser, and the place and mode of shipment and delivery. The record is subject to inspection at all times by the secretary of game, fish and parks or any conservation officer or law enforcement officer. A violation of the provisions of this section by a licensee is a Class 2 misdemeanor.
Source: SDC 1939, § 25.0804; SL 1991, ch 337, § 84; SL 2015, ch 213, § 1.
41-14-25. Sale or knowing purchase of fish as misdemeanor except as provided.
It is a Class 2 misdemeanor to barter, sell, or offer for sale at any time or knowingly to purchase any fish taken or killed in any of the waters of this state except as provided in §§ 41-6-39 to 41-6-45, inclusive, §§ 41-13-9 to 41-13-11, inclusive, and § 41-14-29, and except for any lawfully-taken fish that has been mounted.
Source: SDC 1939, § 25.0603 as enacted by SL 1961, ch 120, § 2; SL 1977, ch 190, § 598; SL 1988, ch 339; SL 2009, ch 211, § 1.
41-14-29. Sale and transportation of rough fish permitted.
Rough fish legally taken, acquired, and possessed may be sold or transported or both, within or without the state unless otherwise provide by law.
Source: SDC 1939, § 25.0603 as enacted by SL 1961, ch 120, § 2; SL 2009, ch 206, § 79.
41-14-32. Unlawful taking, possession, sale, or transportation of birds, animals, or fish as misdemeanor.
No person may take, catch, kill, or possess; possess with intent to sell; sell, offer, or expose for sale; ship by common carrier, convey, or cause to be conveyed; or possess with intent to ship or convey to any point, either within or without this state, any bird, animal, or fish, or any part of any bird, animal, or fish, in violation of any state law or administrative rule. No common carrier or agent of a common carrier may aid or abet any person in shipping any such bird, animal, or fish, nor possess any such bird, animal, or fish with intent to ship or convey to any point either within or without this state contrary to law.
A violation of this section pertaining to any bird, animal, or fish other than a big game animal is a Class 2 misdemeanor for each bird, animal, or fish, or any part of any such bird, animal, or fish taken, caught, killed, sold, offered for sale, exposed for sale, possessed, possessed with intent to sell, shipped by common carrier, or transported to any point within or without this state in violation of law. A violation of this section pertaining to any big game animal is a Class 1 misdemeanor for each big game animal, or any part of any such big game animal, taken, caught, killed, sold, offered for sale, exposed for sale, possessed, possessed with intent to sell, shipped by common carrier, or transported to any point within or without this state in violation of law.
The total imprisonment for violations of this section which occur at the same time may not exceed one year.
Source: SDC 1939, § 25.9901; SL 1977, ch 190, § 602; SL 1986, ch 357; SL 1991, ch 337, § 85; SL 2009, ch 206, § 80.
41-14-33. Transportation of lawfully taken big game animal prohibited unless tagged--Violation as misdemeanor.
No person may transport within the jurisdiction of this state any big game animal lawfully taken outside of South Dakota or upon tribal or trust land of an Indian reservation unless the big game animal is properly and securely tagged with a tag supplied by the governmental entity issuing the license. A person transporting a big game animal without such tag is guilty of a Class 1 misdemeanor. If the governmental entity issuing the license does not issue a tag, other proof that the animal has been lawfully taken is necessary.
Source: SL 1982, ch 292.
41-14-34. Repealed by SL 2012, ch 201, § 4.
41-14-35. Taking baitfish without license as misdemeanor--Exception.
Except for lawful sport fishermen who may trap, seine, and possess up to twelve dozen baitfish for personal use, no person may seine or take baitfish from the waters of this state unless the person is licensed by the Department of Game, Fish and Parks in accordance with the provisions of this chapter. A violation of this section is a Class 1 misdemeanor.
Source: SL 1985, ch 324, § 9; SL 2009, ch 206, § 82.
