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 Repealed by SL 1977, ch 190, § 550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 Repealed by SL 1998, ch 252, § 8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 Repealed by SL 2000, ch 205, § 5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 Repealed by SL 1990, ch 332, § 11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 Repealed by SL 2013, ch 209, § 1.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 Repealed by SL 1981, ch 295, § 2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 Repealed by SL 1978, ch 298, § 4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.
41-6-1. Exempt persons--Conditions and rules.
Persons who are exempt from the requirements for obtaining the licenses specified by this chapter are still required to abide by the other conditions required by statute, the conditions of a license, as if they were licensed, and the rules of the Game, Fish and Parks Commission and are subject to the same criminal penalties for the violations thereof.
Source: SDC 1939, §§ 25.0301, 25.0308; SL 1959, ch 109, § 1; SL 1961, ch 116, § 1; SL 1991, ch 337, § 6.
41-6-2. License not required to hunt certain animals or fish on owned or leased land during open season.
A resident of this state may hunt or take in a lawful manner fox squirrel, grey squirrel, red squirrel, cottontail rabbit, game birds, or fish during an open season on land or waters on land owned or leased by the resident without first securing a license to do so. Notwithstanding any other provisions of law, a resident is not in violation of any season, daily, or possession limit established for the species of fish in a man-made water body on land owned by the resident provided the resident owns the bed of the water body in its entirety, and the fish taken remain on the resident's land, unless said body of water has been stocked or managed by the Department of Game, Fish and Parks within the past five years.
Source: SDC 1939, § 25.0308 (1); SL 1943, ch 92; SL 2007, ch 239, § 1; SL 2017, ch 183, § 1.
41-6-3. License not required to hunt fur-bearing animals on own land during open season.
A resident of this state may catch, trap, or kill protected fur-bearing animals upon land occupied by him without obtaining a license so to do, during any period when hunting, catching, taking, trapping, or killing such animals is permitted.
Source: SDC 1939, § 25.0308 (4).
41-6-4. Fur-bearing license not required--Resident under eighteen.
A license to take fur-bearing animals is not required of a resident of this state less than eighteen years old to exercise the rights and privileges of the holder of such a license.
Source: SDC 1939, § 25.0308 (3); SL 1959, ch 113, § 2; SL 2009, ch 206, § 44; SL 2021, ch 184, § 1.
41-6-5. License not required to kill raccoons, skunks, fox, and badger doing damage.
Raccoon, skunk, fox, and badger may be killed by a property owner, lessee, or the property owner's or lessee's agent at any time without a license if the animal is doing damage around buildings or causing injury to livestock or poultry.
Source: SDC 1939, § 25.0308 (5); SL 1979, ch 277, § 2; SL 2009, ch 206, § 45.
41-6-6. Fishing license not required--Individuals under eighteen.
A license to fish, to the extent and in the manner permitted by a fishing license, is not required of any person less than eighteen years old.
Source: SDC 1939, § 25.0308 (2); SL 1959, ch 113, § 2; SL 2009, ch 206, § 46; SL 2021, ch 184, § 2.
41-6-7. Entry of unlicensed person onto boundary waters from South Dakota for hunting or fishing as misdemeanor.
It is a Class 2 misdemeanor for any person to enter upon or into any boundary river, stream, or lake from the South Dakota side of such waters for the purpose of hunting, fishing, or taking of any protected game, fish, or wild fowl therefrom without having first lawfully obtained a South Dakota hunting or fishing license.
Source: SL 1955, ch 88, § 1; SDC Supp 1960, § 25.0429 (1); SL 1977, ch 190, § 548.
41-6-8. Nonresident without license--Hunting or fishing on boundary waters--Carrying game into South Dakota--Violation as misdemeanor--Exception.
Except as provided in § 41-6-6, it is a Class 2 misdemeanor for any nonresident of the State of South Dakota to take, shoot, or kill, in any manner whatsoever, any protected game, fish, or wildfowl on any boundary river, stream, or lake of the State of South Dakota or to carry or transport from such waters onto the South Dakota side of such waters, without first having lawfully obtained a valid and applicable South Dakota nonresident small game, big game, wild turkey, waterfowl, fishing, bait dealer, or predator license and having fully complied with all other laws of the State of South Dakota relating to or concerning the transportation, shipping, or carrying of protected game, fish, or wildfowl.
Source: SL 1955, ch 88, § 2; SDC Supp 1960, § 25.0429 (2); SL 1969, ch 100; SL 1977, ch 190, § 549; SL 1990, ch 332, § 3; SL 2021, ch 184, § 3.
41-6-10. Licenses, stamps, and permits enumerated--Fees set by commission.
Licenses, permits, and stamps issued under this title are classified as follows:
(1) Disabled hunter permit;
(2) Export bait dealer license;
(2A) Fall three-day temporary nonresident waterfowl license;
(3) Fur dealer's license;
(4) Hoop net, trap, or setline license;
(5) License for breeding and domesticating animals and birds;
(6) Resident license to take fur-bearing animals;
(6A) Reciprocal nonresident license to take fur-bearing animals;
(7) Nonresident big game license;
(8) Nonresident fishing license;
(9) Nonresident predator/varmint license;
(10) Repealed by SL 1999, ch 213, § 3.
(11) Nonresident retail bait dealer license;
(12) Nonresident shooting preserve license;
(13) Nonresident small game license;
(14) Nonresident and resident migratory bird certification permit;
(15) Nonresident wholesale bait dealer license;
(16) Nonresident wild turkey license;
(17) Nursing facility group fishing license;
(18) Park user's license;
(19) Permit for transportation of big game animal;
(20) Private fish hatchery license;
(21) Resident big game license;
(22) Resident elk license;
(23) Resident fishing license and resident senior fishing license;
(24) Repealed by SL 1999, ch 213, § 3.
(25) Resident retail bait dealer license;
(26) Resident small game license and resident youth small game license;
(27) Resident predator/varmint license;
(28) Resident wholesale bait dealer license;
(29) Resident wild turkey license;
(30) Scientific collector's license;
(31) Special nonresident waterfowl license;
(32) Repealed by SL 1999, ch 213, § 3.
(33) Taxidermist's license;
(33A) Spring snow goose temporary nonresident license;
(33B) Early fall Canada goose temporary nonresident license;
(34) Temporary fishing and hunting licenses.
The rights and privileges of such licensees are set forth in §§ 41-6-12 to 41-6-45.1, inclusive, and in § 41-17-13. The Game, Fish and Parks Commission shall promulgate rules pursuant to chapter 1-26 to set the fees, eligibility, and duration for such licenses.
Source: SDC 1939, § 25.0302; SL 1941, ch 105; SL 1947, ch 108; SL 1953, ch 99, § 3; SL 1961, ch 116, §§ 2, 3; SL 1965, ch 109, §§ 1, 2; SL 1965, ch 110, §§ 1, 2; SL 1966, ch 69, § 3; SL 1967, ch 81, § 1; SL 1968, ch 99, §§ 2 to 4; SL 1969, ch 95; SL 1969, ch 96, § 1; SL 1971, ch 233, § 1; SL 1976, ch 257, § 4; SL 1977, ch 327, §§ 1, 2; SL 1978, ch 298, § 3; SL 1979, ch 278, § 1; SL 1979, ch 280, § 4; SL 1984, ch 29, § 5A; SL 1985, ch 324, § 10; SL 1986, ch 343, § 1; SL 1988, ch 334, §§ 6-8; SL 1989, ch 30, § 67; SL 1989, ch 354, § 2; SL 1990, ch 332, § 1; SL 1991, ch 337, § 7; SL 1991, ch 340, § 1; SL 1998, ch 252, § 6; SL 1998, ch 255, § 3; SL 1998, ch 255, § 4; SL 1999, ch 213, § 3; SL 2000, ch 205, § 1; SL 2003, ch 219, § 1; SL 2011, ch 191, § 2.
41-6-10.1. Combination licenses--Issuance.
The Department of Game, Fish and Parks may issue combination licenses comprised of those licenses authorized pursuant to this chapter. The fee for this combination license may be less than the sum of the fees charged for the component licenses if issued separately.
Source: SL 1979, ch 276, §§ 1, 2; SL 1984, ch 273, § 46; SL 1988, ch 332.
41-6-10.2. Certain disabled residents and residents held as prisoners of war eligible for reduced license fees.
Any resident who meets the requirements of this section may apply to the licensing office of the Department of Game, Fish and Parks in Pierre and receive a resident small game license and a resident fishing license upon payment of a reduced fee to be established by the Game, Fish and Parks Commission in rules promulgated pursuant to chapter 1-26. A resident is eligible for the reduced fee if the resident:
(1) Receives a veterans allotment for a forty percent or more disability which is deemed a service-connected injury or has received the United States Veterans' Administration K Award;
(2) Has served on active duty in the armed forces of the United States or has served as a member of the armed forces reserve or national guard, and the resident is forty percent or more disabled for the purposes of receiving social security benefits;
(3) Was held as a prisoner of war; or
(4) Has a total disability as defined by rules promulgated by the Game, Fish and Parks Commission.
The resident small game license and the resident fishing license are valid for a period of four calendar years if the licensee remains a resident of the state. A veteran may provide proof at the time of application of receipt of such an allotment, social security disability benefits, or award. Any other applicant shall provide proof of any disability on a form provided by the Department of Game, Fish and Parks.
Source: SL 1986, ch 348; SL 1989, ch 30, § 68; SL 1990, ch 333; SL 1991, ch 338; SL 1993, ch 309, § 1; SL 1994, ch 322; SL 1998, ch 252, § 7; SL 1999, ch 211, § 1; SL 2004, ch 262, § 1; SL 2016, ch 208, § 1.
41-6-12. Resident and nonresident licenses and preference points--Minimum age.
Any person who is a resident of this state, as defined by this title, qualifies as a resident for securing a resident hunting or fishing license or preference point. A person who is not a resident of this state, as defined by this title, shall secure an applicable nonresident hunting and fishing license or preference point. No person under the age of twelve years may be granted a hunting license. A person who is ten years of age or older may be granted a hunting preference point. A person who is eleven years of age and who will become twelve years of age during the period of September first to December thirty-first, inclusive, may be granted a hunting license or preference point and may be allowed to hunt beginning September first.
Source: SDC 1939, § 25.0301 as added by SL 1959, ch 109, § 1; SL 1961, ch 116, § 1; SL 1968, ch 99, § 1; SL 1979, ch 278, § 3; SL 1990, ch 332, § 4; SL 1992, ch 296, § 1; SL 1998, ch 252, § 9; SL 2007, ch 241, § 3; SL 2018, ch 250, § 1.
41-6-13. Hunting license for minor less than sixteen--Restrictions and requirements--Violation as misdemeanor.
If a hunting license is granted to a person who is under sixteen years of age, the licensee shall be accompanied by a parent, guardian, or responsible adult, and is valid for the license year as provided by the applicable license and rules promulgated by the Game, Fish and Parks Commission pursuant to chapter 1-26. A violation of this section is a Class 2 misdemeanor.
Source: SDC 1939, § 25.0306 (3); SL 1941, ch 106; SL 1949, ch 91; SL 1953, ch 103, § 3; SL 1963, ch 137; SL 1979, ch 278, § 4; SL 1992, ch 297; SL 1996, ch 249; SL 1998, ch 252, § 10; SL 2002, ch 193, § 1; SL 2021, ch 184, § 4.
41-6-14. Safety instruction required for licensing of child under sixteen--Fee waived.
Any person between the ages of eleven years and sixteen years shall first comply with the provisions of chapter 41-7, pertaining to firearms safety, before being granted a resident hunting license or the applicable nonresident hunting licenses.
Source: SDC 1939, § 25.0301 as added by SL 1959, ch 109, § 1; SL 1961, ch 116, § 1; SL 1968, ch 99, § 1; SL 1975, ch 263, § 1; SL 1976, ch 258, § 1; SL 1979, ch 278, § 5; SL 1985, ch 15, § 53; SL 1986, ch 344, § 1; SL 1990, ch 332, § 5; SL 1992, ch 296, § 2; SL 1998, ch 252, § 11.
41-6-16. Resident licenses, permits, and stamps for hunting of small game, migratory birds, and migratory waterfowl--Violation as misdemeanor.
It is a Class 2 misdemeanor for a resident to hunt small game without a resident small game license or resident youth small game license, or in violation of the rules of the Game, Fish and Parks Commission or § 41-11-5. It is a Class 2 misdemeanor for a resident to hunt dove, sandhill crane, and snipe without a migratory bird certification permit and a resident small game license or a resident youth small game license, or in violation of the rules of the Game, Fish and Parks Commission. It is a Class 2 misdemeanor for a person to hunt migratory waterfowl without the applicable small game license, a migratory bird certification permit, and a federal migratory bird stamp.
Source: SDC 1939, § 25.0302 (1); SL 1941, ch 105; SL 1949, ch 90, § 1; SL 1951, ch 118; SL 1961, ch 116, § 2; SL 1968, ch 99, § 2; SL 1975, ch 263, § 3; SL 1977, ch 327, § 3; SL 1979, ch 278, § 8; SL 1984, ch 29, § 5C; SL 1986, ch 343, § 2; SL 1989, ch 30, § 69; SL 1991, ch 337, § 8; SL 1998, ch 252, § 13; SL 2000, ch 203, § 2.
41-6-16.2. License not required of resident on active duty in U.S. armed forces--Exception for migratory bird hunting.
Any resident who is on active duty in the armed forces of the United States and who is stationed at a location outside the state may fish and hunt small game without payment of a fee or the applicable hunting and fishing license authorizing the activity. However, if the resident is hunting migratory birds, the resident shall obtain a migratory bird certification permit and federal migratory bird stamp. While engaged in the permitted activity, the resident shall possess and display appropriate military orders indicating the resident is on active duty stationed outside of South Dakota and a valid military identification card. This section does not apply to any person who is serving on active duty for training as a member of the armed forces reserve or National Guard.
Source: SL 2003, ch 221, § 1; SL 2008, ch 216, § 6.
41-6-17. Nonresident licenses and permits for hunting of small game and migratory birds--Privileges--Violation as misdemeanor.
It is a Class 2 misdemeanor for a nonresident to hunt, take, or kill small game, other than migratory waterfowl, without a nonresident small game license or in violation of the conditions of the license or the rules of the Game, Fish and Parks Commission. It is a Class 2 misdemeanor for a nonresident to hunt, take, or kill dove and snipe without a nonresident small game license and a migratory bird certification permit, or in violation of the rules of the Game, Fish and Parks Commission. It is a Class 2 misdemeanor for a nonresident to hunt, take, or kill sandhill crane without a nonresident small game license or nonresident waterfowl license and a migratory bird certification permit, or in violation of the rules of the Game, Fish and Parks Commission.
A nonresident small game license, except as otherwise provided in this title and except for the taking of migratory waterfowl, entitles the licensee to all of the privileges of a resident small game hunting license for two periods of five consecutive days.
Source: SDC 1939, § 25.0302 (3); SL 1941, ch. 105; SL 1943, ch 91, § 2; SL 1945, ch 94; SL 1947, ch 104; SL 1947, ch 105; SL 1949, ch 90, § 2; SL 1951, ch 117, § 1; SL 1959, ch 110; SDC Supp 1960, § 25.0302 (2); SL 1961, ch 116, § 2; SL 1975, ch 263, § 4; SL 1977, ch 327, § 4; SL 1979, ch 278, § 9; SL 1982, ch 288, § 3; SL 1984, ch 29, § 5P; SL 1987, ch 302; SL 1989, ch 30, § 70; SL 1990, ch 332, § 6; SL 1991, ch 337, § 10; SL 1998, ch 252, § 14; SL 2000, ch 203, § 3; SL 2002, ch 194, § 1.
41-6-18.1. Nonresident waterfowl license, migratory bird permit, and federal stamp required--Violation as misdemeanor--Number of licenses.
It is a Class 2 misdemeanor for a nonresident to hunt, take, or kill migratory waterfowl without a nonresident waterfowl license or a temporary nonresident waterfowl license, a migratory bird certification permit, and a federal migratory bird stamp, or in violation of the conditions of the licenses or the rules of the Game, Fish and Parks Commission.
A nonresident waterfowl license, except as otherwise provided in this title, entitles the licensee to hunt migratory waterfowl for two periods of five consecutive days.
Four dollars received from the sale of each nonresident waterfowl license shall be placed in the land acquisition and development fund. The moneys from this fund shall be used to acquire, by purchase or lease, real property to be used primarily for game production. This license shall be in such form as the Game, Fish and Parks Commission shall prescribe.
The provision in this section limiting the validity of a nonresident waterfowl license to two periods of five consecutive days does not apply in Union, Clay, Bon Homme, Yankton, and Charles Mix counties; and in such counties, the nonresident waterfowl license is valid during the same period as is a resident waterfowl license.
If the Game, Fish and Parks Commission allocates more than four thousand nonresident waterfowl licenses in a calendar year, any increase in the number of licenses allocated may not exceed five percent of the number of licenses allocated in the previous calendar year.
Source: SDC 1939, § 25.0302 as added by SL 1969, ch. 95; SL 1973, ch 265, § 1; SL 1977, ch 326, §§ 1, 4; SL 1982, ch 288, § 4; SL 1983, ch 295; SL 1984, ch 29, § 5Q; SL 1985, ch 323; SL 1986, ch 343, § 3; SL 1987, ch 300, § 2; SL 1989, ch 30, § 71; SL 1990, ch 332, § 7; SL 1991, ch 337, § 11; SL 1998, ch 252, § 15; SL 1998, ch 255, § 1; SL 2000, ch 205, § 2; SL 2003, ch 219, § 1; SL 2014, ch 198, § 1; SL 2020, ch 182, § 1.
41-6-18.2. Limitation of number of nonresident waterfowl licenses--Lottery selection.
If the Game, Fish and Parks Commission deems it advisable to limit the number of special nonresident waterfowl licenses issued for the hunting, taking, or killing of waterfowl during any season, the commission may by rules adopted pursuant to § 41-2-18 divide the state into two or more units, and establish limitations as to the number of such licenses to be issued and the frequency with which any person may apply for such license. If the applications exceed the number of licenses available, selection shall be made by lottery.
Source: SL 1970, ch 236, § 2; SL 1977, ch 326, § 2; SL 1984, ch 273, § 47.
41-6-18.4. Temporary nonresident waterfowl licenses--Promulgation of rules--Number of licenses--Disposition of revenue.
The Game, Fish and Parks Commission may promulgate rules in accordance with chapter 1-26 to authorize the department to issue temporary nonresident waterfowl licenses. Any increase in the number of temporary nonresident waterfowl licenses allocated by the commission in a year may not exceed five percent of the number of licenses allocated for the same license type in the previous year.
Revenue from the sale of temporary nonresident waterfowl licenses shall be deposited in the department's land acquisition and development fund to be used to acquire, by lease, permit, or otherwise, interests in real property to be used for providing waterfowl hunting public access. Before promulgating rules which permit the issuance of temporary nonresident waterfowl licenses, the commission shall determine that adequate waterfowl hunting public access has been provided through the department's land acquisition and development fund or through other means.
Source: SL 1998, ch 255, § 2; SL 2000, ch 205, § 3; SL 2002, ch 195, § 1; SL 2003, ch 219, §§ 1, 2; SL 2014, ch 198, § 2.
41-6-19. Resident big game license--Privileges and fee--Violation as misdemeanor.
It is a Class 1 misdemeanor for a resident to hunt, take, or kill big game animals, except wild turkey, without a resident big game license, or in violation of the conditions of the license or the rules of the Game, Fish and Parks Commission.
A resident big game license shall permit the licensee to hunt game animals in the manner and to the extent provided in §§ 41-8-6 to 41-8-17, inclusive. The license fees for mountain goats and bighorn sheep in Custer State Park shall be established pursuant to § 41-17-1.1.
Source: SDC 1939, § 25.0302 (7); SL 1941, ch 105; SL 1949, ch 90, § 5; SDC Supp 1960, § 25.0302 (6); SL 1968, ch 99, § 3; SL 1975, ch 263, § 5; SL 1979, ch 278, § 10; SL 1980, ch 284, § 1; SL 1984, ch 29, § 5D; SL 1984, ch 273, § 48; SL 1991, ch 337, § 12; SL 1992, ch 293, § 3.
41-6-19.1. Resident elk license--Privileges and fee--Violation as misdemeanor.
It is a Class 1 misdemeanor for a resident to hunt, take, or kill elk without a resident elk license or in violation of the conditions of the license or the rules of the Game, Fish and Parks Commission.
A resident elk license shall permit the licensee to hunt elk in the manner and to the extent provided in §§ 41-8-6 to 41-8-17, inclusive. The fee for a resident elk license in Custer State Park shall be established pursuant to § 41-17-1.1.
Source: SDC 1939, § 25.0302 as added by SL 1968, ch 99, § 4; SL 1980, ch 284, § 2; SL 1984, ch 29, § 5E; SL 1984, ch 273, § 49; SL 1991, ch 337, § 13.
41-6-19.3. Resident landowner--Limited deer or antelope license--Promulgation of rules.
If a resident owns or leases, for agricultural purposes, the minimum acreage necessary to qualify for landowner preference, in accordance with rules promulgated by the Game, Fish and Parks Commission and if the resident has not, pursuant to § 41-6-19, received a big game license that permits the harvest of a buck during the west river deer season, east river deer season, Black Hills deer season, or firearm antelope season set by the commission in accordance with § 41-2-18, the resident may obtain a landowner-on-own-land license. The commission shall promulgate rules, in accordance with chapter 1-26, to establish the types of big game animals that are eligible to harvest with a landowner-on-own-land license. The license entitles the resident to hunt on land owned or leased by the resident within any unit, for the specified hunting season.
If a member of the resident's immediate family is qualified to obtain a license under this section and if the member has not, pursuant to § 41-6-19, received a big game license that permits the harvest of a buck during the west river deer season, east river deer season, Black Hills deer season, or firearm antelope season set by the commission in accordance with § 41-2-18, the member may obtain a landowner-on-own-land license. The license entitles the member to hunt on land owned or leased by the resident within any unit, for the specified hunting season.
Upon receipt of the application prescribed by the Department of Game, Fish and Parks, and payment of the applicable fee, the department shall issue a landowner-on-own-land license that restricts the holder to the taking of the big game animals, as designated on the license, from land owned or leased by the resident.
The commission shall promulgate rules, in accordance with chapter 1-26, to establish fees for licenses issued under this section.
For purposes of this section, an immediate family member means the resident's spouse or a child who resides with the resident.
Source: SL 1981, ch 297, § 1; SL 1988, ch 333; SL 1991, ch 339; SL 1995, ch 236; SL 1998, ch 256, § 1; SL 1999, ch 212, § 1; SL 2006, ch 216, § 1; SL 2018, ch 251, § 1; SL 2020, ch 183, § 1; SL 2021, ch 185, § 1.
41-6-19.4. Nonresident landowner--Limited deer or antelope license--Promulgation of rules.
If a nonresident owns, for agricultural purposes, at least six hundred forty contiguous acres west of the Missouri River, if the nonresident is an owner-operator of the land, and if the nonresident has not, pursuant to § 41-6-20, received a big game license that permits the harvest of a buck during the west river deer season or firearm antelope season set by the commission in accordance with § 41-2-18, the nonresident may obtain a landowner-on-own-land license. The commission shall promulgate rules, in accordance with chapter 1-26, to establish the types of big game animals that are eligible to harvest with a landowner-on-own-land license. The license entitles the nonresident to hunt on land owned by the nonresident within any unit, for the specified hunting season.
If a nonresident owns, for agricultural purposes, at least one hundred sixty contiguous acres east of the Missouri River, is an owner-operator of the land, and has not, pursuant to § 41-6-20, received a big game license that permits the harvest of a buck during the east river deer season or firearm antelope season set by the commission in accordance with § 41-2-18, the nonresident may obtain a landowner-on-own-land license. The license entitles the nonresident to hunt on land owned by the nonresident, within any unit, for the specified hunting season.
If a member of the nonresident's immediate family is qualified to obtain a license under this section and if the member has not, pursuant to § 41-6-20, received a big game license that permits the harvest of a buck during the west river deer season, east river deer season, or firearm antelope season set by the commission in accordance with § 41-2-18, the member may obtain a landowner-on-own-land license. The license entitles the member to hunt on land owned by the nonresident within any unit, as described in §§ 41-6-19.3 and 41-6-19.8, and this section, for the specified hunting season.
Upon receipt of the application prescribed by the Department of Game, Fish and Parks, and payment of the applicable fee, the department shall issue a landowner-on-own-land license that restricts the holder to the taking of the big game animals, as designated on the license, from land owned by the nonresident.
The nonresident landowner-on-own-land licenses for east river deer season may not exceed two hundred and fifty licenses annually and shall be allocated by lottery.
The commission shall promulgate rules, in accordance with chapter 1-26, to establish fees for licenses issued under this section.
For purposes of this section, an immediate family member means the nonresident's spouse or a child who resides with the nonresident.
Source: SL 1981, ch 297, § 2; SL 2006, ch 216, § 2; SL 2020, ch 183, § 2; SL 2021, ch 185, § 2.
41-6-19.5. Conditions applicable to limited deer permit and antlerless deer licenses--Eligibility for subsequent season.
All the conditions applicable to licenses issued pursuant to § 41-6-19 apply to the limited permit to hunt deer issued pursuant to § 41-6-19.3 and to the antlerless deer licenses issued pursuant to § 41-6-19.8. However, the receipt of a limited permit under § 41-6-19.3 or an antlerless deer license under § 41-6-19.8 for any one year as eligible does not preclude the receipt of a limited permit or antlerless deer license in any subsequent year or for any subsequent season set pursuant to § 41-2-18.
Source: SL 1981, ch 297, § 3; SL 2010, ch 209, § 2.
41-6-19.6. Nonrefundable application fee for resident bighorn sheep, mountain goat, or elk license--Drawing--Use of proceeds--Rules.
The Game, Fish and Parks Commission may establish a nonrefundable application fee not to exceed ten dollars for any resident making application for a bighorn sheep, mountain goat, or elk license. Successful applicants shall be selected by drawing. Proceeds from the application fees collected shall be used for big game research and management. The commission may promulgate rules, pursuant to chapter 1-26, for the purpose of establishing a season and guidelines therefor and to establish the fee provisions.
Source: SL 1987, ch 303; SL 2014, ch 199, § 1.
41-6-19.7. License issued to national guard member called to active duty.
Any member of the national guard or other reserve component of the armed forces of the United States who was issued an elk, bighorn sheep, or mountain goat license pursuant to § 41-6-19.6, but was ordered into active federal service in the armed forces of the United States before the license could be used, may be issued a replacement license as provided in this section. After the member has been released from active federal service, the member may request and shall be issued the applicable replacement bighorn sheep, mountain goat, or elk license under the same or substantially similar terms and conditions as those under which the original license was issued. The replacement license shall be issued for the hunting season immediately following the member's release from active federal service. However, if the release occurs during the hunting season, the member may choose either to obtain the replacement license for the remainder of the current season or to obtain the replacement license for use during the next succeeding full season. The replacement license expires at the end of the season during which it is used.
Source: SL 2006, ch 217, § 1.
41-6-19.8. Antlerless deer licenses--Restrictions--Residents and nonresidents.
In addition to any deer license authorized in accordance with § 41-6-19.3 or any other law, in areas designated by the commission, a resident who owns and operates or leases and operates, for agricultural purposes, at least one hundred sixty acres of land may apply for and receive two antlerless deer licenses, free of charge, for use as provided in this section, during the west river deer season, the east river deer season, or any other deer season set by the commission pursuant to § 41-2-18.
In addition to any deer license authorized in accordance with § 41-6-19.4 or any other law, in areas designated by the commission, a nonresident who owns and operates, for agricultural purposes, at least six hundred forty contiguous acres of land west of the Missouri River or one hundred sixty contiguous acres east of the Missouri River, may apply for and receive two antlerless deer licenses, free of charge, for use as provided in this section, during the west river deer season, the east river deer season, or any other deer season set by the commission pursuant to § 41-2-18.
The six-dollar surcharge established pursuant to § 41-2-34.2 does not apply to the licenses provided for in this section.
The licenses may only be used in areas designated by the department on lands owned by the nonresident, within any unit, for the specified hunting season.
No more than two such licenses may be issued for use on any single farm or ranch.
Upon receipt of an application that is prescribed by the department and that meets the requirements of this section, the department shall issue two antlerless deer licenses that restrict the holder to the taking of the big game animals, as designated on the license.
Resident license holders may take big game only from land owned or leased by the holder.
Nonresident license holders may take big game only from land owned by the holder.
Source: SL 2010, ch 209, § 1; SL 2020, ch 183, § 3; SL 2021, ch 185, § 3.
41-6-19.9. Landowner-on-own-land license--Antlerless elk--Promulgation of rules.
The Game, Fish and Parks Commission shall, by rules promulgated pursuant to chapter 1-26:
(1) Establish the number of resident landowner-on-own-land licenses available for the taking of antlerless elk;
(2) Establish eligibility criteria for the license; and
(3) Establish the fee for the license.
Upon receipt of an application, as prescribed by the Department of Game, Fish and Parks, and payment of the requisite license fee, the department shall issue a landowner-on-own-land license that authorizes the holder to take one antlerless elk, from land owned or leased by the holder, for agricultural purposes, within a designated unit, during the prairie elk hunting season.
Source: SL 2024, ch 172, § 1.
41-6-20. Nonresident big game license--Privileges--Violation as misdemeanor.
It is a Class 1 misdemeanor for a nonresident to hunt, take, or kill big game animals, except wild turkey, without a nonresident big game license or in violation of the conditions of the license or the rules of the Game, Fish and Parks Commission.
A nonresident big game license shall entitle the licensee to all the privileges of a resident big game license.
Source: SDC 1939, § 25.0302 (8); SL 1941, ch 105; SL 1947, ch 106; SL 1949, ch 90, § 6; SDC Supp 1960, § 25.0302 (7); SL 1966, ch 69, § 2; SL 1975, ch 263, § 6; SL 1979, ch 278, § 11; SL 1984, ch 29, § 5R; SL 1991, ch 337, § 15; SL 1992, ch 293, § 4.
41-6-21. Limiting number of big game licenses--Preferences in eligibility--Application by ineligible person as misdemeanor.
The Game, Fish and Parks Commission may, by rules promulgated pursuant to § 41-2-18, set the number of licenses issued for the hunting, taking, or killing of any big game animal during any season and establish who is eligible to apply for such licenses. Any person in the armed services of the United States who is absent from this state on active duty during the entire time for making application, and is otherwise qualified and a resident of South Dakota, may apply for and shall receive deer, turkey, and antelope licenses. In addition, any spouse and any minor dependent child of such a person in the armed services who are also absent from this state during the entire time for making application, and are otherwise qualified, may apply for and shall receive deer, turkey, and antelope licenses. In establishing eligibility, the commission may give preference to persons who actually operate or live as owner or tenant on agricultural, timber, or grazing lands situated within the areas opened to such big game hunting. It is a Class 2 misdemeanor for anyone to apply for such licenses except those persons whose eligibility has been established by statute or rule of the Game, Fish and Parks Commission.
Source: SDC 1939, § 25.0701 as added by SL 1949, ch 98; SL 1953, ch 111; SL 1959, ch 121; SL 1963, ch 140; SL 1967, ch 88; SL 1967, ch 89, § 1; SL 1974, ch 276; SL 1977, ch 190, § 551; SL 1984, ch 273, § 50; SL 1990, ch 334; SL 1991, ch 337, § 16; SL 2004, ch 263, § 1; SL 2006, ch 218, § 1.
41-6-22. Big game transportation permit--Issuance and use in transporting game--Violation as misdemeanor.
It is a Class 1 misdemeanor for a person to transport part of any big game animal without a transportation permit or in violation of the conditions of the permit or the rules of the Game, Fish and Parks Commission.
The Department of Game, Fish and Parks may issue a permit for transportation of part of any big game animal to the holder of either a resident or nonresident big game license. The permit allows the transportation by common carrier to a point within or outside of this state of a part of any big game animal lawfully taken in this state.
Source: SDC 1939, § 25.0302 (9); SL 1941, ch 105; SDC Supp 1960, § 25.0302 (8); SL 1961, ch 116, § 2; SL 1971, ch 234; SL 1983, ch 288, § 4; SL 1984, ch 273, § 51; SL 1991, ch 337, § 17.
41-6-23. Fur-bearing animal hunting and trapping license--Privileges--Activities for which license not required--Violation as misdemeanor.
Except as provided in this chapter, it is a Class 2 misdemeanor for any person to hunt, take, kill, or trap fur-bearing animals without a license to take fur-bearing animals or in violation of the conditions of the license or the rules of the Game, Fish and Parks Commission.
A license to take fur-bearing animals permits the licensee to set or operate a trap or traps, hunt, catch, take, trap, or kill fur-bearing animals, except the black-footed ferret, to the extent and in the manner provided in §§ 41-8-20 to 41-8-26, inclusive.
A license to take fur-bearing animals is not required for residents to hunt raccoon, skunk, opossum, badger, jackrabbit, fox, and coyote with firearms. A license to take fur-bearing animals is not required for residents to trap raccoon, skunk, opossum, badger, jackrabbit, fox, and coyote between April first and August thirty-first.
Source: SDC 1939, § 25.0302 (18); SL 1941, ch 105; SL 1959, ch 112; SDC Supp 1960, § 25.0302 (16); SL 1967, ch 83; SL 1976, ch 261, § 1; SL 1977, ch 328, § 1; SL 1978, ch 295; SL 1979, ch 278, § 12; SL 1984, ch 29, § 5G; SL 1990, ch 332, § 8; SL 1991, ch 337, § 18; SL 2007, ch 240, § 1; SL 2019, ch 184, § 2, eff. Mar. 11, 2019; SL 2021, ch 184, § 5.
41-6-23.1. Reciprocal nonresident license to take fur-bearing animals.
No license to take fur-bearing animals may be issued to any nonresident unless the nonresident resides in a state that allows nonresidents of that state, including South Dakota residents, to take fur-bearing animals within that state.
Source: SL 2011, ch 191, § 1.
41-6-25. Fur dealer's license--Privileges--License valid for one year--Violation as misdemeanor.
It is a Class 1 misdemeanor for a person to purchase or contract to purchase for a commercial purpose the raw skins of fur-bearing animals or unskinned fur-bearing animals, including jackrabbits, without a fur dealer's license or in violation of the license or the rules of the Game, Fish and Parks Commission. For purposes of this section, commercial purpose is the purchase of or contract to purchase the property by persons who hold themselves out as engaging in the business of purchasing such property and does not include the isolated or occasional purchase of such property.
A fur dealer's license permits the licensee to purchase or contract to purchase the skins of fur-bearing animals, including jackrabbits, for the purpose of resale or other commercial purpose, to the extent and in the manner provided by §§ 41-14-22 and 41-14-23. A fur dealer's license is valid for a period of one year from July first to June thirtieth.
Any person convicted of issuing an insufficient funds check or no account check shall be denied a fur dealer's license until such time as all such checks are paid.
Source: SDC 1939, § 25.0302 (19); SL 1941, ch 105; SL 1947, ch 107; SL 1953, ch 100; SDC Supp 1960, § 25.0302 (17); SL 1961, ch 116, § 2; SL 1966, ch 69, § 2; SL 1979, ch 278, § 13; SL 1979, ch 279; SL 1982, ch 287; SL 1984, ch 29, § 5Y; SL 1986, ch 345; SL 1986, ch 346; SL 1991, ch 337, § 20; SL 2001, ch 230, § 1.
41-6-26. Revocation of fur dealer's license--New license prohibited for two years.
The Game, Fish and Parks Commission may revoke any fur dealer's license if the commission determines that the holder of the license has violated any provision of §§ 41-14-22 and 41-14-23 relating to fur dealers or has knowingly purchased any skin taken out of season. No person whose license is so revoked may receive another license within two years from the date of the revocation.
Source: SDC 1939, § 25.0311; SL 2009, ch 206, § 47; SL 2012, ch 202, § 1.
41-6-27. Resident wild turkey license--Privileges--Violation as misdemeanor.
It is a Class 2 misdemeanor for a resident to hunt, take, or kill wild turkeys without a resident wild turkey license or in violation of the conditions of the license or the rules of the Game, Fish and Parks Commission.
A resident wild turkey license permits the licensee to hunt wild turkey in the manner and to the extent provided in § 41-11-5.
Source: SDC 1939, § 25.0302 as added by SL 1953, ch 99, § 3; SL 1957, ch 102; SDC Supp 1960, § 25.0302 (19); SL 1961, ch 116, § 2; SL 1979, ch 278, § 14; SL 1984, ch 29, § 5H; SL 1984, ch 273, § 52; SL 1991, ch 337, § 21.
41-6-28. Nonresident wild turkey license--Privileges--Violation as misdemeanor.
It is a Class 2 misdemeanor for a nonresident to hunt, take, or kill wild turkeys without a nonresident wild turkey license or in violation of the conditions of the license or the rules of the Game, Fish and Parks Commission.
A nonresident wild turkey license permits the licensee to hunt wild turkey in the manner and to the extent provided in § 41-11-5.
Source: SDC 1939, § 25.0302 (25) as added by SL 1966, ch 69, § 3; SL 1979, ch 278, § 15; SL 1984, ch 29, § 5S; SL 1984, ch 273, § 53; SL 1991, ch 337, § 22.
41-6-29. Permit to kill animal or bird doing damage--Animal or bird as property of state--Disposition--Violation a misdemeanor.
If any game animals, game birds, black bears, mountain lions, or wolves are a threat to the public's health, safety, and welfare, or are doing damage to property, the secretary of game, fish and parks may by a written permit authorize a conservation officer, a municipality or county and their designees, a designee of the department, or the person whose property is being damaged to take or kill any such animals or birds by any methods that may otherwise be prohibited or under any restrictions as the secretary may prescribe in the permit. Any animals or birds so taken or killed are the property of the state and shall be disposed of as provided for in the permit.
Any person who violates the conditions of the permit is guilty of a Class 1 misdemeanor.
Source: SDC 1939, § 25.0406; SL 1984, ch 273, § 54; SL 1986, ch 347, § 1; SL 1996, ch 250, § 1.
41-6-29.1. Issuance of depredation permits--Application procedures--Fee--Limit on permits--Violation as misdemeanor.
In addition to the specific authority of the secretary of game, fish and parks to issue permits pursuant to § 41-6-29 the Game, Fish and Parks Commission may also, by resolution, authorize the secretary of game, fish and parks to issue a specific number of depredation permits to respond to property damage by game animals that cannot be resolved by any other method. Upon such authorization by the commission, the secretary shall issue the depredation permits. The depredation permit authorizes the permit holder to kill and take game animals identified by the department as causing property damage. The secretary shall establish when and where each depredation permit is valid and the number of game animals that may be killed under each permit. The commission shall, by rules promulgated pursuant to chapter 1-26, establish the application procedures for the depredation permits, the procedures to be followed by the secretary in issuing the depredation permits to applicants, the fee for the permits, and the maximum number of depredation permits that may be issued each year.
Any person who violates the conditions of the permit is guilty of a Class 1 misdemeanor.
Source: SL 1996, ch 250, § 2.
41-6-29.2. Killing of mountain lion permitted under certain circumstances--Notification of conservation officer.
Any person, licensed or unlicensed, may kill a mountain lion if reasonably necessary to protect the life of that person or some other person. Any person, licensed or unlicensed, who owns or cares for livestock or pets, may kill any mountain lion posing an imminent threat to such person's livestock or pets. If any mountain lion is killed pursuant to this section, the person who killed the mountain lion shall notify a conservation officer within twenty-four hours of killing the mountain lion.
Source: SL 2009, ch 208, § 1.
41-6-30. Nonresident predator/varmint license--Privileges--When license not required--Violation as misdemeanor.
Except as provided in this section, it is a Class 2 misdemeanor for a nonresident to hunt, take, or kill species defined as a predator/varmint in § 41-1-1 without a nonresident predator/varmint license or in violation of the conditions of the license or the rules of the Game, Fish and Parks Commission.
A nonresident predator/varmint license allows a nonresident to take or kill species defined as a predator/varmint in § 41-1-1, except by means of aerial hunting or as prohibited by statute or rule.
However, if a nonresident possesses a nonresident small game license, a nonresident waterfowl license, a nonresident big game license, a nonresident shooting preserve license while on a licensed shooting preserve, or a nonresident turkey license as provided in § 41-6-17, 41-6-18.1, 41-6-20, or 41-6-28, the nonresident need not acquire the nonresident predator/varmint license as provided in this section to hunt the species enumerated by this section in the manner and places permitted. A nonresident small game license, a nonresident waterfowl license, a nonresident big game license, or a nonresident turkey license is valid for hunting those animals permitted by the nonresident predator/varmint license from date of purchase until the end of the license year as provided by rules promulgated by the Game, Fish and Parks Commission pursuant to chapter 1-26. However, a nonresident shooting preserve license is valid for hunting species defined as a predator/varmint in § 41-1-1 on a licensed shooting preserve during the shooting preserve season.
Source: SDC 1939, § 25.0302 as added by SL 1965, ch 109, § 2; SL 1971, ch 235; SL 1973, ch 268, § 4; SL 1976, ch 258, § 7; SL 1978, ch 296; SL 1981, ch 298; SL 1984, ch 29, § 5T; SL 1984, ch 273, § 55; SL 1990, ch 332, § 9; SL 1991, ch 337, § 23; SL 1993, ch 310; SL 1998, ch 252, § 16; SL 2002, ch 193, § 2; SL 2004, ch 264, § 1; SL 2007, ch 238, § 2; SL 2021, ch 186, § 1.
41-6-31. Breeding and domesticating license--Privileges granted--Annual report to secretary--Sale and shipment of animals or birds--Violation as misdemeanor.
It is a Class 2 misdemeanor to breed, raise, ship, or sell game birds without a license for breeding and raising birds or in violation of the conditions of the license or the rules of the Game, Fish and Parks Commission.
A license for breeding and raising birds permits the breeding, raising, shipping, or sale of game birds.
Each licensee shall annually on the first day of January report to the Department of Game, Fish and Parks any increase or decrease of the number of birds that have been sold and shipped during the prior year covered by the license.
Source: SDC 1939, § 25.0302 (12); SL 1941, ch 105; SDC Supp 1960, § 25.0302 (11); SL 1961, ch 116, § 2; SL 1984, ch 273, § 56; SL 1991, ch 337, § 24; SL 1993, ch 311, § 9.
41-6-31.1. Upland game birds raised in captivity and derived products deemed agricultural products.
For the purposes of all classification and administration of the statutes of the State of South Dakota, executive orders, administrative orders, and rules pertaining to upland game birds that are being raised in captivity:
(1) Such upland game birds and any products that are lawfully derived from the upland game birds are agricultural products; and
(2) The breeding, raising, producing, or selling of such upland game birds or lawfully derived products by the producer is an agricultural pursuit.
For purposes of this section, the term, upland game birds, includes all species and subspecies of quail, partridges, pheasants, wild turkeys, grouse, and prairie chickens.
Source: SL 2006, ch 219, § 1.
41-6-32. Scientific collector's license--Privileges--Approval.
Persons who possess and are acting within the scope of a scientific collector's license are exempt from the other criminal sanctions in this title.
A scientific collector's license may be issued by the secretary of game, fish and parks to persons engaged in bona fide scientific research and shall authorize the licensee to take, possess, exchange, transport, and collect birds, nests, eggs, or wild animals in such manner and under such conditions as the secretary may prescribe for scientific purposes only.
A scientific collector's license must be approved by the Game, Fish and Parks Commission. The commission shall promulgate rules pursuant to chapter 1-26 setting the requirements for a scientific collector's license.
Source: SDC 1939, § 25.0302 (10); SL 1941, ch 105; SDC Supp 1960, § 25.0302 (9); SL 1966, ch 69, § 2; SL 1984, ch 29, § 5Z; SL 1991, ch 337, § 26.
41-6-33. Taxidermist's license--Privileges--Records--Inspections--Violation as misdemeanor.
It is a Class 2 misdemeanor for a person to preserve or mount birds, animals, or fish that such person does not own without a taxidermist's license or in violation of the conditions of the license or the rules of the Game, Fish and Parks Commission.
A taxidermist's license permits the licensee to have in possession at the taxidermist's place of business, birds, animals, or fish, lawfully caught, taken, or killed, for the sole purpose of preserving or mounting them. Birds, animals, or fish or any part thereof may be transported by anyone having them legally in possession to a licensee for preserving or mounting only and for return by the licensee to the owner thereof.
The Game, Fish and Parks Commission shall approve each taxidermist's license. The commission shall promulgate rules pursuant to chapter 1-26 setting the requirements for a taxidermist's license. Each licensee shall keep a written record of all birds, animals, and fish received by the licensee. The record shall include the name and address of each specimen's owner, the number and species, and the dates of receipt and delivery of each specimen. The record and customers' specimens shall be made available for inspection by any representative of the Department of Game, Fish and Parks during normal business hours.
Source: SDC 1939, § 25.0302 (11); SL 1941, ch 105; SDC Supp 1960, § 25.0302 (10); SL 1961, ch 116, § 2; SL 1984, ch 29, § 5W; SL 1984, ch 273, § 57; SL 1991, ch 337, § 25; SL 2003, ch 222, § 1.
41-6-35. Resident fishing license--Privileges--Exemption from fee.
Any resident fishing license or any resident senior fishing license permits the licensee to take fish, frogs, and turtles in the manner and to the extent provided in chapters 41-12 and 41-13. Any resident who has served in the armed forces of the United States and is a patient in any war veterans hospital in this state or a member of any war veterans domiciliary unit in this state for the care of war veterans, groups with over ten participants conducting a fishing event exclusively for persons with disabilities and their attendants; any school, governmental entity, charitable or nonprofit organization conducting an event, class, or program for the purpose of teaching basic fishing skills; and any person residing as a patient in a developmental disability facility may, upon application to the secretary of game, fish and parks, receive a resident fishing license without payment of any fee therefor. Any resident who is sixty-five years of age or older, may receive a resident senior fishing license upon payment of a reduced fee established by rules promulgated by the Game, Fish and Parks Commission pursuant to chapter 1-26.
Source: SDC 1939, § 25.0302 (4); SL 1941, ch 105; SL 1947, ch 104; SL 1951, ch 119; SDC Supp 1960, § 25.0302 (3); SL 1961, ch 116, § 2; SL 1967, ch 82; SL 1973, ch 266; SL 1975, ch 263, § 7; SL 1976, ch 258, § 3; SL 1979, ch 278, § 16; SL 1984, ch 29, § 5I; SL 1989, ch 238, § 21; SL 1994, ch 323; SL 1998, ch 252, § 18; SL 2014, ch 200, § 1.
41-6-36. Nonresident fishing license--Privileges.
A nonresident fishing license entitles the licensee to all the privileges of a resident fishing license. The license shall describe the licensee and designate place of residence and post office address.
Source: SDC 1939, § 25.0302 (5); SL 1941, ch 105; SL 1947, ch 104; SL 1949, ch 90, § 3; SL 1951, ch 117, § 2; SDC Supp 1960, § 25.0302 (4); SL 1961, ch 116, § 2; SL 1966, ch 69, § 2; SL 1970, ch 235, § 1; SL 1976, ch 258, § 4; SL 1982, ch 288, § 1; SL 1984, ch 29, § 5U.
41-6-37. Temporary fishing license--Privileges.
A temporary fishing license entitles the licensee to all privileges of a fishing license.
Source: SDC 1939, § 25.0302 (6); SL 1941, ch 105; SL 1949, ch 90, § 4; SL 1953, ch 99, § 1; SDC Supp 1960, § 25.0302 (5); SL 1966, ch 69, § 2; SL 1970, ch 235, § 2; SL 1976, ch 258, § 5; SL 1979, ch 278, § 17; SL 1982, ch 288, § 2; SL 1984, ch 29, § 5J; SL 1991, ch 337, § 30.
41-6-37.1. Repealed.
Source: SL 1983, ch 296; SL 1984, ch 29, § 5V; SL 2001, ch 231, § 1; SL 2021, ch 184, § 6.
41-6-37.2. Nursing facility group fishing license--Fees and regulations set by commission--Resident defined.
The Department of Game, Fish and Parks may establish a nursing facility group fishing license which entitles residents of any nursing facility licensed by the state the privileges of resident fishing licenses on any individual outing. The fees and regulations for group fishing licenses shall be set by rules promulgated by the Game, Fish and Parks Commission pursuant to chapter 1-26 and chapter 41-2. The license shall exhibit the name, post office address, and state nursing facility license number. For purposes of this section, the term "resident" means permanent occupants of the nursing facility for at least ninety percent of the time, not to include staff or employees. The daily limits for individuals participating in the group fishing license shall be the same as for resident fishing licenses. A group license shall be valid only on nursing facility sponsored outings directly supervised by a staff member or a volunteer approved by the home.
Source: SL 1989, ch 354, § 1.
41-6-38. Hoop net, trap, or setline license--Privileges and fees--Tagging of devices used--Violation as misdemeanor.
It is a Class 2 misdemeanor for a person to take fish from the public waters of the state by the use of any hoop net, trap, setline, or similar device without a hoop net, trap, or setline license or in violation of the conditions of the license or the rules of the Game, Fish and Parks Commission.
A hoop net, trap, or setline license may be issued to the holder of a resident fishing license, and permits the licensee to take rough fish from the public waters of the state by the use of any hoop net, trap, setline, or similar device to the extent and in the manner provided in chapter 41-13.
Each hoop net, trap, setline, or similar device shall be marked with a metal tag prescribed by the Game, Fish and Parks Commission and furnished by the department.
Source: SDC 1939, § 25.0302 (15); SL 1941, ch 105; SL 1955, ch 79; SDC Supp 1960, § 25.0302 (14); SL 1961, ch 116, § 2; SL 1984, ch 29, § 5K; SL 1984, ch 273, § 58; SL 1991, ch 337, § 31.
41-6-39. Private fish hatchery license--Privileges granted--Violation as misdemeanor.
It is a Class 2 misdemeanor for a person to maintain, operate, or sell fish from a fish hatchery without a private fish hatchery license or in violation of the conditions of the license or the rules of the Game, Fish and Parks Commission.
A private fish hatchery license may be issued by the Department of Game, Fish and Parks to maintain and operate a fish hatchery. Fish propagated at such hatchery or any other licensed hatchery may be sold by written permission of the department.
Source: SDC 1939, § 25.0302 (13); SL 1941, ch 105; SL 1957, ch 101; SL 1959, ch 111; SDC Supp 1960, § 25.0302 (12); SL 1984, ch 273, § 59; SL 1991, ch 337, § 32.
41-6-40. Fishing allowed to purchaser from private fish hatchery--Removal of fish caught.
A private fish hatchery licensee may with the permission of the secretary of game, fish and parks, allow the purchaser of fish propagated or held in a hatchery to fish for them in any private pool located on the hatchery and to remove and transport the fish so caught and purchased from licensee in accordance with rules adopted by the Game, Fish and Parks Commission pursuant to § 41-2-18.
Source: SDC 1939, § 25.0302 as added by SL 1957, ch 101; SL 1959, ch 111; SDC Supp 1960, § 25.0302 (12) (a); SL 1984, ch 273, § 60.
41-6-41. Fishing license not required to fish in private hatchery.
No license is required for the privilege of purchasing and catching fish pursuant to § 41-6-40.
Source: SDC 1939, § 25.0302 as added by SL 1957, ch 101; SL 1959, ch 111; SDC Supp 1960, § 25.0302 (12) (c); SL 2009, ch 206, § 48.
41-6-43. Records and reports required of private fish hatchery.
A private fish hatchery licensee shall keep such records and render such reports to the Department of Game, Fish and Parks as required by rules promulgated by the Game, Fish and Parks Commission pursuant to § 41-2-18.
Source: SDC 1939, § 25.0302 as added by SL 1957, ch 101; SL 1959, ch 111; SDC Supp 1960, § 25.0302 (12) (b); SL 1984, ch 273, § 61.
41-6-44. Resident wholesale bait dealer license--Privileges granted--Rules--Violation as misdemeanor.
Except as authorized by this section, it is a Class 1 misdemeanor for a resident to sell to any retail, wholesale, or export bait dealer or to possess or transport bait or other wild animals commonly used as fish bait or biological specimens or to transport or sell bait and specimens to retail outlets, public fish hatcheries, aquariums, or biological supply companies without a resident wholesale bait dealer's license or in violation of the conditions of the license or the rules of the Game, Fish and Parks Commission.
The Department of Game, Fish and Parks may issue any resident a resident wholesale bait dealer license. The license permits the licensee to raise, trap, seine, buy, sell to any retail, wholesale, or export bait dealer licensed under the provisions of this chapter, possess, and transport bait and other wild animals commonly used as fish bait or biological specimens within the state, and to transport and sell bait and specimens to retail outlets, public fish hatcheries, aquariums, and biological supply companies for forage or study purposes in any adjoining state. The licensee shall comply with the rules adopted pursuant to § 41-2-18 by the Game, Fish and Parks Commission to protect and perpetuate the bait and biological specimen animal resources of the state. A resident wholesale bait dealer's license is not required for residents under sixteen years of age.
Source: SDC 1939, § 25.0302 as added by SL 1961, ch 116, § 3; SL 1979, ch 278, § 18; SL 1984, ch 29, § 5L; SL 1984, ch 273, § 62; SL 1985, ch 324, § 2; SL 1988, ch 334, § 2; SL 1991, ch 337, § 33; SL 1992, ch 293, § 5; SL 2005, ch 222, § 1.
41-6-44.1. Nonresident wholesale bait dealer license--Privileges granted--Rules--Violation as misdemeanor.
It is a Class 1 misdemeanor for a nonresident to transport bait and biological specimens into the state, possess bait or biological specimens within the state, or sell bait and biological specimen animals within the state without a nonresident wholesale bait dealer license or in violation of the conditions of the license or the rules of the Game, Fish and Parks Commission.
The Department of Game, Fish and Parks may issue any nonresident a nonresident wholesale bait dealer license, if the home state of the nonresident dealer provides a like opportunity to South Dakota residents to be licensed in that state. The license permits the licensee to transport bait and biological specimens into the state, possess bait and biological specimens within the state, and sell bait and biological specimen animals within the state to any retail, wholesale or export bait dealer licensed under the provisions of this chapter. The licensee shall comply with the rules adopted pursuant to § 41-2-18 by the Game, Fish and Parks Commission to protect and perpetuate the bait and biological specimen animal resources of the state.
Source: SL 1985, ch 324, § 3; SL 1988, ch 334, § 3; SL 1991, ch 337, § 34; SL 1992, ch 293, § 6.
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.
Except as authorized by this section, it is a Class 1 misdemeanor for a person to sell at retail any bait or biological specimen animals without a resident retail bait dealer license or a nonresident retail bait dealer license, or in violation of the conditions of the license or the rules of the Game, Fish and Parks Commission.
The Department of Game, Fish and Parks may issue any resident sixteen years or older a retail bait dealer license. The license permits the licensee to raise, trap, seine, buy, sell, possess, and transport bait and biological specimen animals. No retail bait dealer licensed under this section may sell bait to wholesale, retail or export bait dealers licensed under this chapter. The licensee shall comply with the rules adopted pursuant to § 41-2-18 by the Game, Fish and Parks Commission to protect and perpetuate the bait and biological specimen animal resources of the state.
A resident retail bait dealer license is not required for residents under sixteen years of age.
The Department of Game, Fish and Parks may issue any nonresident a nonresident retail bait dealer license if the home state of the nonresident dealer provides a like opportunity to South Dakota resident dealers to be licensed in that state. The license permits the licensee to buy, sell, possess and transport bait and biological specimen animals. No nonresident bait dealer licensed under this section may sell bait to wholesale, retail or export bait dealers licensed under this chapter. The licensee shall comply with the rules adopted pursuant to § 41-2-18 by the Game, Fish and Parks Commission to protect and perpetuate the bait and biological specimen animal resources of the state.
Source: SDC 1939, § 25.0302 as added by SL 1961, ch 116, § 3; SL 1977, ch 190, § 553; SL 1979, ch 278, § 19; SL 1984, ch 29, § 5M; SL 1984, ch 273, § 63; SL 1985, ch 324, § 4; SL 1988, ch 334, § 4; SL 1991, ch 337, § 35; SL 1992, ch 293, § 7.
41-6-45.1. Export bait dealer license--Privileges granted--Rules--Violation as misdemeanor.
It is a Class 1 misdemeanor for a person to transport bait or biological specimen animals from the state for resale without an export bait dealer license or in violation of the conditions of the license or the rules of the Game, Fish and Parks Commission.
The Department of Game, Fish and Parks may issue any person an export bait dealer license. The license permits the licensee to buy and possess bait and biological specimen animals within the state and transport the bait and biological specimen animals without the state for resale. The licensee shall comply with the rules adopted pursuant to § 41-2-18 by the Game, Fish and Parks Commission to protect and perpetuate the bait and biological specimen animal resources of the state.
Source: SL 1985, ch 324, § 5; SL 1988, ch 334, § 5; SL 1991, ch 337, § 36; SL 1992, ch 293, § 8.
41-6-52. Application for resident license by nonresidents prohibited--Violation as misdemeanor.
No person other than a resident as defined in this title may make application for, purchase, or attempt to purchase a resident license under §§ 41-6-12 to 41-6-45.1, inclusive. A violation of this section is a Class 2 misdemeanor.
Source: SDC 1939, § 25.0306 (1); SL 1941, ch 106; SL 1949, ch 91; SL 1949, ch 92; SL 1951, ch 120; SL 1953, ch 103, § 1; SL 1961, ch 117, § 1; SL 1969, ch 97; SL 1976, ch 257, § 7; SL 1976, ch 259; SL 1983, ch 297; SL 1985, ch 325; SL 1986, ch 349, § 2; SL 1987, ch 304; SL 1988, ch 334, §§ 6-8; SL 1992, ch 293, § 9; SL 1993, ch 312; SL 2005, ch 223, § 1; SL 2008, ch 216, § 5.
41-6-53. Nonresident or visitor's license--Eligibility.
A nonresident or visitor's license may only be granted under §§ 41-6-16 to 41-6-45.1, inclusive, to a person whose residence does not qualify the person for a resident license.
Source: SDC 1939, § 25.0306 (2); SL 1941, ch 106; SL 1949, ch 91; SL 1953, ch 103, § 2; SL 1959, ch 113, § 1; SL 2009, ch 206, § 49; SL 2021, ch 184, § 7.
41-6-55. One license of any type to one person--Exceptions--Sale of additional license of same type--License types.
Only one license of any one type, except visitor's fishing license, nonresident small game license, and nonresident waterfowl license may be obtained under §§ 41-6-16 to 41-6-45.1, inclusive, by any one person. However, the Game, Fish and Parks Commission may prescribe rules for the issuance or sale of an additional license of the same type if the original license is lost, stolen or destroyed or the licenses of a particular type remain unsold following the lottery and follow-up purchase period. The Game, Fish and Parks Commission may promulgate rules to define license types.
Source: SDC 1939, § 25.0306 (10) as added by SL 1963, ch 136; SL 1964, ch 77; SL 1982, ch 288, § 5; SL 1986, ch 350; SL 1988, ch 334, §§ 6 to 8.
41-6-59. Repealed.
Source: SDC 1939, § 25.0303 (1) as added by SL 1947, ch 103, § 2; SL 1953, ch 102; SL 1959, ch 109, § 2 (1); SL 1967, ch 84, § 1; SL 1979, ch 281, § 1; SL 1982, ch 242, § 4; SL 1993, ch 313; SL 1997, ch 233, § 1; SL 1999, ch 210, § 4; SL 2000, ch 206, § 1; SL 2023, ch 147, § 1.
41-6-59.1. Regulation of fee remittance by agents to county treasurers.
The Game, Fish and Parks Commission may promulgate rules pursuant to chapter 1-26 for the purpose of regulating the remittance to the department of fees collected by agents appointed by the department for the sale of licenses.
Source: SL 1985, ch 326, § 1; SL 1999, ch 210, § 5.
41-6-60. Big game transportation permits issued by conservation officers.
Permits under § 41-6-22 may be issued by the secretary of game, fish and parks or any conservation officer.
Source: SDC 1939, § 25.0303 (2); SL 1947, ch 103, § 2; SL 1953, ch 102; SL 1959, ch 109, § 2.
41-6-61. Licenses to be issued by secretary--Discretionary licenses.
Licenses under §§ 41-6-25 to 41-6-28, inclusive, under §§ 41-6-31 to 41-6-33, inclusive, and under §§ 41-6-38 to 41-6-43, inclusive, may be issued by the secretary of game, fish and parks. The granting of licenses provided under §§ 41-6-32 to 41-6-33, inclusive, and under §§ 41-6-39 to 41-6-43, inclusive, shall be in the discretion of the secretary.
Source: SDC 1939, § 25.0303 (3); SL 1947, ch 103, § 2; SL 1953, ch 102; SL 1959, ch 109, § 2; SL 2021, ch 186, § 2.
41-6-62. Form and content of applications--Oath of applicant.
Any application for any license under this title shall show that the applicant is legally eligible for the license for which the applicant applies. Any person authorized under §§ 41-2-33 and 41-6-61 to issue a license may take the oath of the applicant thereto with the same force and effect as if the oath had been taken by any other officer of this state authorized by law to administer an oath.
Source: SDC 1939, § 25.0307; SL 1984, ch 273, § 67; SL 1999, ch 210, § 6.
41-6-63. Exhibition of license on request--Violation as misdemeanor.
A licensee shall exhibit the licensee's license or other form of license authorization issued by the Department of Game, Fish and Parks pursuant to Titles 41 and 42 upon request by a conservation officer or other law enforcement officer. A licensee who is sixteen years of age or older who holds the other form of license authorization, shall exhibit and provide for inspection a driver's license, a state-issued identification card, or another form of valid identification for the purpose of verifying the identity of the licensee. Failure to exhibit the licensee's license or other form of license authorization required by this section is a Class 2 misdemeanor.
Source: SDC 1939, § 25.0314; SL 1984, ch 273, § 68; SL 2001, ch 232, § 1; SL 2015, ch 211, § 1.
41-6-66. Commission or department to direct form of licenses.
Any license permitted or provided for in this title and § 32-20A-15.1 shall be in such form as the Game, Fish, and Parks Commission or department directs.
Source: SDC 1939, § 25.0303 (1) as added by SL 1947, ch 103, § 2; SL 1953, ch 102; SL 1959, ch 109, § 2; SL 1967, ch 84, § 1; SL 1997, ch 233, § 2; SL 1999, ch 210, § 8.
41-6-66.1. Maximum amounts for issuing license--Violation as misdemeanor.
No more than four dollars, to be paid for by the licensee, may be charged for the issuing of any one game, fish, or trapping license by the various license agents. However, the maximum amount to be charged for issuing any nonresident small game or nonresident big game license may not exceed eight dollars. No more than two dollars, to be paid for by the licensee, may be charged for issuing any one park entrance or snowmobile permit. A violation of this section is a Class 2 misdemeanor.
Of the fees collected by the Department of Game, Fish and Parks pursuant to this section, one dollar for each resident game, fish, and trapping license and two dollars for each nonresident hunting license shall be deposited in the sportsmen's access and landowner depredation fund established pursuant to § 41-2-34.2 and shall be used for wildlife depredation and damage management programs and one dollar for each resident game, fish, and trapping license and two dollars for each nonresident hunting license shall be deposited in the animal damage control fund established pursuant to § 40-36-10. The department shall provide a report to the Legislature each year concerning the use of the money deposited in the funds pursuant to this section.
Source: SL 1979, ch 281, § 2; SL 1988, ch 335; SL 1991, ch 337, § 37; SL 1992, ch 298; SL 1998, ch 257, § 1; SL 2017, ch 184, § 1.
41-6-68. Repealed.
Source: SDC 1939, § 25.0303 (1) as added by SL 1947, ch 103, § 2; SL 1953, ch 102; SL 1959, ch 109, § 2; SL 1967, ch 84, § 1; SL 1999, ch 210, § 10; SL 2023, ch 147, § 2.
41-6-69. Repealed by SL 2012, ch 201, § 2.
41-6-70.1. License fees--Portion for designated purposes.
A portion of the license fees collected by the Department of Game, Fish and Parks, in an amount equal to one million thirty-three thousand two hundred sixty-nine dollars and ten cents per year, shall be used only for the following purposes: administration of licensing services provided by the department; increased contribution to the animal damage control fund as provided in § 40-36-11; development of public access, other than fee-title purchase of land, for hunting and fishing; wildlife habitat improvements; management of wildlife damage; or to be credited toward a reduction of resident license fees. The Game, Fish and Parks Commission shall approve amounts allocated to the specific purposes identified in this section.
Source: SL 1999, ch 210, § 15; SL 2021, ch 186, § 3.
41-6-71. License not transferable--Violation as misdemeanor.
No license issued under this chapter or part of a license or tag is transferable. A violation of this section is a Class 1 misdemeanor.
Source: SDC 1939, § 25.0306 (5); SL 1941, ch 106; SL 1949, ch 91; SL 1992, ch 293, § 10.
41-6-72. Expiration of licenses.
Licenses issued under this title are valid for the license year as provided by the applicable license and rules promulgated by the Game, Fish and Parks Commission in accordance with chapter 1-26. Waterfowl hunting licenses expire at the end of the last day of the hunting season for which the license was issued.
Source: SDC 1939, § 25.0302 as added by SL 1961, ch 116, § 2; SL 2000, ch 205, § 4; SL 2002, ch 193, § 3.
41-6-73. Unauthorized application for, or procurement or possession of, license or preference point--Misdemeanor.
No person may at any time apply for, procure, or possess a license or preference point under an assumed name or in which an address other than the person's regular place of residence is given, or make any false statement whatsoever in securing a license or preference point, lend a license or tag to another, or knowingly issue or aid in securing a license or preference point for himself or herself or any other person not legally entitled to it. Any person violating any of the provisions of this section is guilty of a Class 1 misdemeanor.
Source: SDC 1939, §§ 25.0309, 25.9911; SL 1941, ch 107; SL 1971, ch 236; SL 1977, ch 190, § 554; SL 1978, ch 158, § 67; SL 1987, ch 29, § 96; SL 2007, ch 241, § 1.
41-6-74.1. Revocation of hunting, fishing, or trapping privilege for conviction of certain offenses.
At the time of conviction for any one of the following offenses:
(1) Violation of any game and fish law punishable as a Class 1 misdemeanor;
(2) Violation of § 41-8-37, 41-9-1.2, or 41-8-17 except for a landowner, occupant, or accompanying guests of the landowner or occupant on the owner's or occupant's land or a person employed by the Department of Game, Fish and Parks in the performance of the person's duty, or 41-12-12;
(3) Violation of any other statute or rule pertaining to fishing, hunting, or possessing game or game fish without a license or during a closed season; or
(4) Taking or possessing in excess of the lawful daily or possession limit:
(a) One or two paddlefish;
(b) Two or three turkeys;
(c) Four to six, inclusive, of any one game fish as regulated other than paddlefish; or
(d) Four to six, inclusive, of any one small game animal as regulated;
the person's applicable hunting, fishing, or trapping privileges in South Dakota are automatically revoked without further hearing for a period of one year following date of conviction. The sentencing court may impose consecutive revocations of the person's hunting, fishing, or trapping privileges if the person is convicted of two or more violations for which revocation of the privileges is authorized under this title.
Source: SL 1997, ch 234, § 2; SL 2000, ch 207, § 1; SL 2009, ch 209, § 1.
41-6-74.2. Revocation of hunting, fishing, or trapping privilege for conviction of taking or possessing in excess of limit.
At the time of conviction for taking or possessing in excess of the lawful daily or possession limit any of the following:
(1) Three or more paddlefish;
(2) Four or more turkeys;
(3) Seven or more of any one game fish as regulated other than paddlefish;
(4) Seven or more of any one small game animal as regulated; or
(5) Two or more big game animals, except turkeys;
the person's applicable hunting, fishing, or trapping privileges in South Dakota are automatically revoked without further hearing for a period of three years following date of conviction. The sentencing court may impose consecutive revocations of the person's hunting, fishing, or trapping privileges if the person is convicted of two or more violations for which revocation of the privileges is authorized under this title.
Source: SL 1997, ch 234, § 3; SL 2000, ch 207, § 2; SL 2009, ch 209, § 2.
41-6-74.3. Revocation to be noted on face of license--Violation as misdemeanor.
If a person's privilege has been revoked pursuant to § 41-6-74.1 or 41-6-74.2, the person, if present at the time of conviction, shall immediately surrender and deliver the license to the court or clerk of courts at which time the revocation shall be noted on the face of the license by the court or clerk of courts and the license returned to the Department of Game, Fish and Parks. If the person is not present at the time of conviction, the person shall within fourteen days of the conviction deliver and return the license to the Department of Game, Fish and Parks. A violation of this section is a Class 2 misdemeanor. If the person has a combination license, the revocation shall be noted on the face of the license and the license shall be returned to the person to remain valid for the other purposes permitted by the license. For the purposes of §§ 41-6-74.1 and 41-6-74.2, the term, conviction, is defined as provided in § 32-12-53.
Source: SL 1997, ch 234, § 4; SL 2000, ch 207, § 3.
41-6-75. Penalty for hunting, fishing or trapping while under license revocation.
Any person hunting, fishing, or trapping during any period when that privilege has been revoked pursuant to § 41-6-74.1 or 41-6-74.2 or who purchases or attempts to purchase a license to which that person is not entitled while under revocation is guilty of a Class 1 misdemeanor.
Source: SL 1986, ch 352; SL 1997, ch 235, § 1.
41-6-75.1. Revocation, suspension of nonresident license precludes licensing in this state--Violation.
Any person who has had hunting, fishing, or trapping privileges revoked or suspended in any other state or country may not purchase a license for or exercise that same privilege in this state during the period of revocation or suspension. Any hunting, fishing, or trapping license applicant shall furnish any information of a revocation or suspension at the time of application. A violation of this section is a Class 1 misdemeanor.
Source: SL 1998, ch 258, § 1.
41-6-75.2. Hunting, trapping, fishing or applying for license, permit or preference point while privileges suspended--Misdemeanor.
A person whose hunting, trapping, or fishing privileges have been suspended is prohibited from exercising the suspended privilege, or applying for a license, permit, or preference point that corresponds to the suspended privilege. A violation of this section is a Class 1 misdemeanor.
Source: SL 2004, ch 267, § 35; SL 2007, ch 241, § 2.
41-6-76. Resident license required to catch, kill, or possess fish, frogs, or turtles--Violation as misdemeanor.
Except as otherwise provided, it is a Class 2 misdemeanor for a resident to catch or attempt to catch, take, kill, or have in the resident's possession any fish, frogs, or turtles without a resident fishing license, a resident senior fishing license, a temporary fishing license, or a nursing facility group fishing license, or in violation of the conditions of the license or the rules of the Game, Fish and Parks Commission.
Source: SL 1991, ch 337, § 28; SL 1998, ch 252, § 19.
41-6-77. Nonresident license required to catch, kill or possess fish, frogs, or turtles--Violation as misdemeanor.
Except as otherwise provided, it is a Class 2 misdemeanor for a nonresident to catch or attempt to catch, take, kill, or possess any fish, frogs, or turtles without a nonresident fishing license, a temporary fishing license, or a nonresident family fishing license or in violation of the conditions of the license or the rules of the Game, Fish and Parks Commission.
Source: SL 1991, ch 337, § 29; SL 2009, ch 206, § 50.
41-6-78. Training of dogs on wild game birds restricted--Rules--Violation as misdemeanor.
No person may train dogs on wild game birds from April fifteenth to July thirty-first, inclusive. The commission shall promulgate rules pursuant to chapter 1-26 to impose restrictions on the methods, dates, and number of dogs that may be trained on wild game birds on public lands and public rights-of-way. Any person who violates this section is guilty of a Class 2 misdemeanor.
Source: SL 1991, ch 340, § 2; SL 1999, ch 213, § 1.
41-6-80. Predator/varmint license required to hunt, take, or kill certain animals--Exceptions--Violation as misdemeanor.
Except as provided in this section, it is a Class 2 misdemeanor for a resident to hunt, take, or kill raccoons, badgers, or species defined as a predator/varmint in § 41-1-1 without a resident predator/varmint license or in violation of the conditions of the license or the rules of the Game, Fish and Parks Commission. A resident predator/varmint license allows a resident to take or kill raccoons, badgers, or species defined as a predator/varmint in § 41-1-1, except by means of aerial hunting or as prohibited by statute or rule. A resident of this state is not required to secure a predator/varmint license to hunt, take, or kill a predator/varmint on lands owned or operated by the resident.
However, if a resident possesses a resident small game license, a resident youth small game license, a resident big game license, a license to take fur-bearing animals, or a resident turkey license, the resident need not acquire the resident predator/varmint license as provided in this section to hunt the species enumerated by this section in the manner and places permitted. A resident small game license, a resident youth small game license, a resident big game license, a license to take fur-bearing animals, or a resident turkey license is valid for hunting those animals permitted by the resident predator/varmint license from date of purchase until the end of the license year as provided by rules promulgated by the Game, Fish and Parks Commission pursuant to chapter 1-26.
Source: SL 1998, ch 252, § 17; SL 2002, ch 193, § 4; SL 2007, ch 238, § 3.
41-6-81. Hunter mentoring program--Application for mentoring nonresidents--Requirements--Promulgation of rules.
Notwithstanding any provisions of Title 41 to the contrary, a child less than sixteen years of age is not required to possess a hunting license in order to hunt, if the child is accompanied by a hunting mentor. A hunting mentor may be the child's parent or guardian or any other competent adult who has the written consent of the child's parent or guardian.
The hunting mentor shall be unarmed, except as otherwise provided in this section, shall have successfully completed a hunter safety or hunter education course that meets the requirements of chapter 41-7, and shall possess a valid small game or waterfowl hunting license for the game being hunted. To serve as a hunting mentor for big game, the mentor shall possess the mentor big game license obtained by the child's parent or guardian.
A child who hunts pursuant to this section shall be under the immediate physical control, direct supervision, and responsibility of a hunting mentor, at the time the child discharges a firearm or operates a bow and arrow in the act of hunting.
A hunting mentor may accompany no more than one mentored child at any one time.
No hunting party that includes a mentored child may include more than six persons, regardless of whether or not members of the hunting party are hunting or possess or operate firearms.
A child who hunts pursuant to this section is subject to all requirements, restrictions, and penalties specified in this title and in rules promulgated pursuant to this title, with respect to the species being hunted, except that the combined number of animals taken or possessed by the child and the hunting mentor may not exceed the number of animals authorized under licenses held by the hunting mentor.
A mentored child may not take big game under the provisions of this section except antlerless deer, turkey, and doe-fawn antelope. No big game may be taken by a mentored child unless the child's parent or legal guardian has been issued a license that designates the child as a mentored child who is authorized to exercise the privileges granted by the license. A nonresident big game application must include the name, address, and phone number of a resident sponsoring the application. The license is valid only for the mentored child and is not transferable to another person. Application for or issuance of such licenses does not affect the eligibility of the parent or legal guardian for any other big game license.
Nothing in this section prohibits the hunting mentor from carrying a concealed pistol or other legally possessed handgun.
The Game, Fish and Parks Commission shall promulgate rules, pursuant to chapter 1-26, to establish criteria and conditions governing the hunter mentoring program established in this section.
Source: SL 2008, ch 217, § 1; SL 2018, ch 252, § 1; SL 2020, ch 184, § 1; SL 2021, ch 184, § 8.
41-6-82. Forfeiture of preference points for killing or possessing trophy animals.
Any person convicted of unlawfully killing, destroying, taking, or possessing a trophy animal, as defined in § 41-1-1.3, shall forfeit all preference points accumulated pursuant to rules promulgated pursuant to chapter 1-26 by the Game, Fish and Parks Commission.
Source: SL 2013, ch 210, § 1.
41-6-83. Restriction on hunting wolves.
Wolves may only be hunted, taken, or killed in any area of the state in which the State of South Dakota has preeminent authority over the management of wolves.
Source: SL 2013, ch 206, § 2.
41-6-84. Special license to hunt game animals--Proceeds used for habitat programs.
The Game, Fish and Parks Commission may provide for a special license that allows a person to hunt one or more game animals. The commission may establish a nonrefundable application fee, not to exceed ten dollars for any resident and not to exceed twenty dollars for any nonresident, to apply for the special license. Licenses issued under this section may authorize the take of no more than ten big game animals annually. Successful applicants shall be selected by drawing. Proceeds from the application fee collected shall be used for habitat programs. The commission shall promulgate rules, pursuant to chapter 1-26, to establish the season and guidelines for the season, and to establish the fee provisions.
The commission shall, before the fourth Tuesday in January of each year, report to the Senate and House standing committees on agriculture and natural resources and on appropriations regarding the activities authorized by this section. The report shall include a description of the season established, the number of licenses issued, the amount of revenue generated, and the progress of the habitat programs funded under this section.
Source: SL 2019, ch 185, § 1.
41-6-85 . Habitat stamp--Fee--Requirements--Promulgation of rules--Violation as misdemeanor.
Except as provided in § 41-6-10.2 , a person eighteen years of age or older shall purchase a habitat stamp when applying for or purchasing a hunting or fishing license. The fee for the habitat stamp shall be ten dollars for residents and twenty-five dollars for nonresidents. A person is not required to purchase more than one habitat stamp within a license period as provided by the applicable license and rules promulgated by the commission under chapter 1-26 . Any person required to possess a hunting or fishing license may not fish and hunt, or trap without a stamp validation. A purchase of the habitat stamp is not required for the one-day hunting or fishing license, youth hunting license, private shooting preserve license, hunt for habitat application fee, or landowner hunting license. A violation of this section is a Class 2 misdemeanor.
Source: SL 2020, ch 185, § 1.
41-6-86. Habitat stamp revenue--Use and purpose--Annual report.
All revenue collected from the sale of the habitat stamp provided for in § 41-6-85 shall be deposited in the game, fish and parks fund for the purposes of enhancing terrestrial habitat on public lands, providing additional public access to private lands and aquatic habitat enhancements on public waters. All fees collected from persons who only purchase fishing licenses shall be used solely for aquatic habitat and access projects in public waters. All fees collected from persons who only purchase hunting or trapping licenses shall be used solely for terrestrial habitat and public access programs. All fees collected from persons that purchase privileges to fish and hunt, or trap shall be extended equally for aquatic and terrestrial habitat. Proceeds from the habitat stamp fee collected may not be used to purchase property in fee title. The department shall deliver an annual itemized expenditure report to the Government Operations and Audit Committee.
Source: SL 2020, ch 185, § 2.
