SDLRC - Codified Law 41-1-1

41-1-1. Definitions.

Terms used in this title mean:

(1) "Any part thereof" or "the parts thereof," includes the hide, horns, and hoofs of any animal so referred to, and the plumage and skin and every other part of any bird so referred to;

(2) "Bait," baitfish, frogs, toads, salamanders, crayfish, freshwater shrimp, clams, snails and leeches;

(3) "Baitfish," includes fish of the minnow family (cyprinidae) except carp (cyprinus spp.) and goldfish (carassius spp.), fish of the sucker family (castostomidae) except buffalofish (ictiobus spp.) and carpsucker (carpiodes spp.), and fish of the stickleback family (gasterosteidae);

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

(5) "Big game seal," a locking seal which bears the same number as the license with which it is issued;

(6) "Big game tag," a tag which is part of the regular big game license and bears the same number as the license proper;

(7) "Biological specimens," wild nongame animals used for scientific study and collected for resale to biological supply companies;

(8) "Carcass," the dead body of any wild animal to which it refers, including the head, hair, skin, plumage, skeleton, or any other part thereof;

(9) "Domestic animal," any animal that through long association with man, has been bred to a degree which has resulted in genetic changes affecting the temperament, color, conformation, or other attributes of the species to an extent that makes it unique and different from wild individuals of its kind;

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

(11) "Fishing," the taking, capturing, killing, or fishing for fish of any variety in any manner. If the word, fish, is used as a verb, it has the same meaning as the word, fishing;

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

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

(14) "Game fish," all species belonging to the paddlefish, sturgeon, salmon (trout), pike, catfish (including bullheads), sunfish (including black bass and crappies), perch (including walleye and sauger), and bass families. All species not included in the game fish families are rough fish;

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

(16) "Migratory waterfowl," any wild geese, swans, brants, coot, merganser, or wild ducks;

(17) "Migratory bird," all migratory waterfowl, sandhill crane, snipe, and dove;

(18) "Motor vehicle," any self-propelled vehicle and any vehicle propelled or drawn by a self-propelled vehicle, whether operated upon a highway, railroad track, on the ground, in the water, or in the air;

(19) "Nondomestic animal," any animal that is not domestic;

(20) "Possession," both actual and constructive possession, as well as the control of the article referred to;

(21) "Predator/varmint," coyote, wolf, gray fox, red fox, skunk, gopher, ground squirrel, chipmunk, jackrabbit, marmot, opossum, porcupine, crow, and prairie dog;

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

(23) "Sell" and "sale," any sale or offer to sell or have in possession with intent to sell, use, or dispose of;

(24) "Small game," anatidae, commonly known as swans, geese, brants, merganser, and river and sea ducks; the rallidae, commonly known as rails, coots, and gallinule; the limicolae, referring specifically to shore birds, plover, snipe, and woodcock; the gruidae, commonly known as sandhill crane; the columbidae, commonly known as the mourning dove; the gallinae, commonly known as grouse, prairie chickens, pheasants, partridges, and quail but does not include wild turkeys; cottontail rabbit; and fox, grey and red squirrel. The term includes facsimiles of small game used for law enforcement purposes;

(25) "Trapping," the taking or the attempting to take of any wild animals by means of setting or operating of any device, mechanism, or contraption that is designed, built, or made to close upon, hold fast, or otherwise capture a wild animal or animals. If the word, trap, is used as a verb, it has the same meaning as the word, trapping;

(26) "Trout streams" or "trout waters," all waters and streams or portions of streams which contain trout;

(27) "Waters of the state," all the boundary waters of the state, and the provisions of this title are deemed to extend to and be in force and effect over and upon and in all thereof, unless otherwise expressly provided; and

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

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

41-1-1.1. Persons deemed state residents.

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

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

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

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

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

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

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

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

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

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

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

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

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