TITLE 41
GAME, FISH, PARKS AND FORESTRY
Chapter
01 Definitions And General Provisions
02 State Department Of Game Fish And Parks
03 State And Federal Conservation Activities
04 Land Acquisition And Management By State
05 Game Preserves And Refuges
06 Game And Fish Licenses And Permits
07 Firearms Safety Instruction
08 Hunting And Trapping Seasons And Methods
09 Fishing, Hunting And Trapping On Private Land And Public Rights Of Way
10 Private Shooting Preserves
11 Protection Of Birds And Small Game
12 Fishing Seasons And Methods
13 Protection Of Fishing Waters
13A Aquatic Invasive Species
14 Possession Transportation And Sale Of Game And Fish
15 Enforcement Powers And Procedures
15A Interstate Wildlife Violator Compact
16 Federal Payments From National Forests
17 State Parks
18 County Parks
19 Snowmobile Trails And Areas
20 Forestry
20A Fire Prevention And Suppression
21 Forest Insect And Disease Control Repealed
22 State Tree Nursery Repealed
23 Recreational Use Of Nonmeandered Waters
CHAPTER 41-1
DEFINITIONS AND GENERAL PROVISIONS
41-1-1 Definitions.
41-1-1.1 Persons deemed state residents.
41-1-1.2 Termination of resident status.
41-1-1.3 Definition of trophy animals.
41-1-1.4 Definition of nontrophy animals.
41-1-2 Game birds, animals, and fish as property of state.
41-1-3 Lawful use of game bird, animal, or fish.
41-1-4 Wanton waste or destruction of protected birds, animals and fish prohibited--Violation as misdemeanor.
41-1-5 Forfeiture of right to game by unlawful taking, shipment or possession--State entitled to possession.
41-1-5.1 Civil damage liability to state for unlawful killing or taking of wild animals--Amount--Return of uninjured animal--Exemption.
41-1-5.2 Civil action for recovery of damages for unlawful killing or taking of animals--Effect of criminal conviction or acquittal--Deposit of damages and costs--Collection of judgments--Collection fees.
41-1-5.3 41-1-5.3 to 41-1-5.5. Repealed by SL 2001, ch 227, §§ 3 to 5
41-1-5.6 Statement of liability provisions printed on citations--Acknowledgment noted through specific receipt form--Failure to give required warnings.
41-1-5.7 Disposition of deer and antelope killed by motor vehicle.
41-1-5.8 41-1-5.8. Repealed by SL 2001, ch 227, § 7
41-1-6 41-1-6. Repealed by SL 1991, ch 337, § 3
41-1-7 Fish grown or raised for breeding purposes or sale.
41-1-8 Interference with lawful hunting, trapping, or fishing prohibited--Violation as misdemeanor.
41-1-9 Disobeying order of peace officer to desist from interfering as misdemeanor.
41-1-10 Enjoining interference--Damages allowable.
41-1-11 Certain judgment debtors denied licenses--Automatic revocation pending satisfaction--Violation as misdemeanor.
41-1-12 Euthanasia of animal injured in motor vehicle accident.
41-1-13 Report of euthanasia to department.
41-1-1. Definitions.
Terms used in this title mean:
(1) "Any part thereof" or "the parts thereof," includes the hide, horns, and hoofs of any animal so referred to, and the plumage and skin and every other part of any bird so referred to;
(2) "Bait," baitfish, frogs, toads, salamanders, crayfish, freshwater shrimp, clams, snails and leeches;
(3) "Baitfish," includes fish of the minnow family (cyprinidae) except carp (cyprinus spp.) and goldfish (carassius spp.), fish of the sucker family (castostomidae) except buffalofish (ictiobus spp.) and carpsucker (carpiodes spp.), and fish of the stickleback family (gasterosteidae);
(4) "Big game," all cloven-hoofed wild animals, wild mountain lion, wild black bear, and wild turkey. The term includes facsimiles of big game used for law enforcement purposes, but does not include any captive nondomestic animal of the mammalia class and the products thereof regulated by the Animal Industry Board under Title 40;
(5) "Big game seal," a locking seal which bears the same number as the license with which it is issued;
(6) "Big game tag," a tag which is part of the regular big game license and bears the same number as the license proper;
(7) "Biological specimens," wild nongame animals used for scientific study and collected for resale to biological supply companies;
(8) "Carcass," the dead body of any wild animal to which it refers, including the head, hair, skin, plumage, skeleton, or any other part thereof;
(9) "Domestic animal," any animal that through long association with man, has been bred to a degree which has resulted in genetic changes affecting the temperament, color, conformation, or other attributes of the species to an extent that makes it unique and different from wild individuals of its kind;
(10) "Domicile," a person's established, fixed, and permanent home, in which the person physically lives, and, whenever absent, has the present intention of returning;
(11) "Fishing," the taking, capturing, killing, or fishing for fish of any variety in any manner. If the word, fish, is used as a verb, it has the same meaning as the word, fishing;
(12) "Fur-bearing animals," opossum, muskrat, beaver, mink, marten, river otter, fisher, blackfooted ferret, skunks (all species), raccoon, badger, red, grey and swift fox, coyote, bobcat, lynx, weasel, and jackrabbit;
(13) "Game," all wild mammals or birds;
(14) "Game fish," all species belonging to the paddlefish, sturgeon, salmon (trout), pike, catfish (including bullheads), sunfish (including black bass and crappies), perch (including walleye and sauger), and bass families. All species not included in the game fish families are rough fish;
(15) "Hunt" or "hunting," shooting, shooting at, pursuing, taking, attempting to take, catching, or killing of any wild animal or animals;
(16) "Migratory waterfowl," any wild geese, swans, brants, coot, merganser, or wild ducks;
(17) "Migratory bird," all migratory waterfowl, sandhill crane, snipe, and dove;
(18) "Motor vehicle," any self-propelled vehicle and any vehicle propelled or drawn by a self-propelled vehicle, whether operated upon a highway, railroad track, on the ground, in the water, or in the air;
(19) "Nondomestic animal," any animal that is not domestic;
(20) "Possession," both actual and constructive possession, as well as the control of the article referred to;
(21) "Predator/varmint," coyote, wolf, gray fox, red fox, skunk, gopher, ground squirrel, chipmunk, jackrabbit, marmot, opossum, porcupine, crow, and prairie dog;
(22) "Resident," a person having a domicile within this state for at least ninety consecutive days immediately preceding the date of application for, purchasing, or attempting to purchase any license required under the provisions of this title or rules of the commission, who makes no claim of residency in any other state or foreign country for any purpose, and other than for a person described in § 41-1-1.1, claims no resident hunting, fishing, or trapping privileges in any other state or foreign country, and prior to any application for any license, transfers to this state the person's driver's license and motor vehicle registrations. Documentation showing a mailing address, ownership of a property or a business, or employment in the state is not sufficient by itself to prove that a person has a domicile in or is a resident of this state;
(23) "Sell" and "sale," any sale or offer to sell or have in possession with intent to sell, use, or dispose of;
(24) "Small game," anatidae, commonly known as swans, geese, brants, merganser, and river and sea ducks; the rallidae, commonly known as rails, coots, and gallinule; the limicolae, referring specifically to shore birds, plover, snipe, and woodcock; the gruidae, commonly known as sandhill crane; the columbidae, commonly known as the mourning dove; the gallinae, commonly known as grouse, prairie chickens, pheasants, partridges, and quail but does not include wild turkeys; cottontail rabbit; and fox, grey and red squirrel. The term includes facsimiles of small game used for law enforcement purposes;
(25) "Trapping," the taking or the attempting to take of any wild animals by means of setting or operating of any device, mechanism, or contraption that is designed, built, or made to close upon, hold fast, or otherwise capture a wild animal or animals. If the word, trap, is used as a verb, it has the same meaning as the word, trapping;
(26) "Trout streams" or "trout waters," all waters and streams or portions of streams which contain trout;
(27) "Waters of the state," all the boundary waters of the state, and the provisions of this title are deemed to extend to and be in force and effect over and upon and in all thereof, unless otherwise expressly provided; and
(28) "Wild animal," any mammal, bird, fish, or other creature of a wild nature endowed with sensation and the power of voluntary motion.
Source: SDC 1939, § 25.0101; SL 1941, ch 102; SL 1961, ch 112; SL 1967, ch 80, §§ 1, 2; SL 1968, ch 97, §§ 1 to 3; SL 1976, ch 254, §§ 1, 2; SL 1976, ch 257, §§ 5, 6; SL 1978, ch 298, § 1; SL 1979, ch 274, § 1; SL 1983, ch 293, § 1; SL 1985, ch 324, § 1; SL 1986, ch 349, § 1; SL 1988, ch 334, § 1; SL 1993, ch 311, § 5; SL 1995, ch 235; SL 1998, ch 252, § 4; SL 2000, ch 203, § 1; SL 2001, ch 226, § 1; SL 2003, ch 220, § 1; SL 2006, ch 215, § 1; SL 2007, ch 236, § 1; SL 2007, ch 237, § 1; SL 2007, ch 238, § 1; SL 2008, ch 216, §§ 1, 2; SL 2013, ch 206, § 1; SL 2018, ch 248, § 1; SL 2019, ch 184, § 1, eff. Mar. 11, 2019; SL 2022, ch 60, § 2; SL 2024, ch 171, § 1.
41-1-1.1. Persons deemed state residents.
For the purposes of this title, the following are deemed to be residents of this state:
(1) Any person who previously had a domicile in this state who is absent due to business of the United States or of this state, or is serving in the armed forces of the United States or the spouse of an active duty military person;
(2) Any person who previously had a domicile in this state who is absent due to the person's regular attendance at a post-high school institution as a full-time student or due to the person's regular attendance in a medical or dental residency program;
(3) Any person in the active military of the United States or that person's spouse who is continuously stationed in this state;
(4) Any person who is a patient in any war veterans' hospital within this state;
(5) Any person who is an employee of the veterans' administration or any veterans' hospital in this state;
(6) Any person residing on restricted military reservations in this state;
(7) Any person attending regularly a post-high school institution in this state as a full-time student for thirty days or more immediately preceding the application;
(8) Any foreign exchange student over sixteen years of age attending a public or private high school who has resided in the state for thirty days or more preceding the application;
(9) Any foreign exchange student who is between the ages of twelve years and sixteen years who has completed the Department of Game, Fish and Parks' course of instruction in the safe handling of firearms and has been issued a certificate of competency upon completion of instruction and who has resided in the state for thirty days or more preceding application for a license;
(10) Any person who is a minor dependent of a resident of this state; and
(11) For the purpose of acquiring resident small game and fishing licenses, any person who does not reside in South Dakota but who is a member of the South Dakota National Guard or of any other unit of a reserve component of the armed forces of the United States that is located in South Dakota.
Source: SL 2008, ch 216, § 3; SL 2014, ch 197, § 1.
41-1-1.2. Termination of resident status.
Except for a person who continues to qualify for resident privileges as provided in § 41-1-1.1, a person is deemed to have terminated the person's South Dakota resident status if the person applies for, purchases, or accepts a resident hunting, fishing, or trapping license issued by another state or foreign country; registers to vote in another state or foreign country; accepts a driver's license issued by another state or foreign country; moves to any other state or foreign country and makes it the person's domicile or makes any claim of residency for any purpose in the other state or foreign country; or when a person resides in any other state, territory, or country for an aggregate of one hundred eighty or more days in a calendar year. However, a person who has lawfully acquired a resident hunting, fishing, or trapping license and who leaves the state after acquiring the license to take up residency elsewhere may continue to exercise all the privileges granted by the license until the license expires if the person's respective privileges are not revoked or suspended pursuant to §§ 41-6-75 to 41-6-75.2, inclusive.
Source: SL 2008, ch 216, § 4; SL 2024, ch 171, § 2.
41-1-1.3. Definition of trophy animals.
Terms, as used in this chapter, mean:
(1) "Trophy antelope," any antelope with at least one horn greater than fifteen inches in length, as measured along the outside curve from base to tip;
(2) "Trophy mule deer," any mule deer having a Boone and Crockett gross score of one hundred sixty points or greater;
(3) "Trophy white-tailed deer," any white-tailed deer having a Boone and Crockett gross score of one hundred forty points or greater; and
(4) "Trophy elk," any elk having a Boone and Crockett gross score of three hundred ten points or greater.
The Boone and Crockett score shall be determined using the Boone and Crockett Club's official scoring system for North American big game trophies as provided in Records of North American Big Game, 12th Edition, The Boone & Crockett Club, Missoula, MT, 2005. For purposes of this section, antlers or skulls may be measured at any time; no drying period is required.
Source: SL 2010, ch 206, § 1.
41-1-1.4. Definition of nontrophy animals.
For purposes of this chapter, any antelope, mule deer, white-tailed deer, or elk not defined as a trophy is considered nontrophy.
Source: SL 2010, ch 206, § 2.
41-1-2. Game birds, animals, and fish as property of state.
No person may acquire any property in, or subject to dominion or control, any game bird, game animal, or game fish, or any part thereof. Game birds, game animals, and game fish are the property of the state, except as provided by § 41-1-3.
Source: SDC 1939, § 25.0411; SL 2009, ch 206, § 1.
41-1-3. Lawful use of game bird, animal, or fish.
Any person who kills, catches, or takes any game bird, game animal, or game fish in the manner provided by law or rules promulgated by the Game, Fish and Parks Commission, for the purposes authorized by law, and during the periods when their killing is not prohibited, may use the game bird, game animal, or game fish during the time, in the manner, and for the purposes expressly authorized by law.
Source: SDC 1939, § 25.0411; SL 2009, ch 206, § 2.
41-1-4. Wanton waste or destruction of protected birds, animals and fish prohibited--Violation as misdemeanor.
No person may wantonly waste or destroy any of the birds, animals, or fish of the kinds protected by the laws of this state. A violation of this section is a Class 2 misdemeanor.
Source: SDC 1939, § 25.0417; SL 1992, ch 293, § 1.
41-1-5. Forfeiture of right to game by unlawful taking, shipment or possession--State entitled to possession.
Any person who kills, catches, takes, ships, possesses, or controls any game bird, game animal, or game fish, or any part of any such bird, animal, or fish, at any time or in any manner prohibited by law, thereby forfeits any right to use or possess the bird, animal, or fish, or any part thereof. The state is entitled to the sole possession of the bird, animal, or fish.
Source: SDC 1939, § 25.0411; SL 2009, ch 206, § 3.
41-1-5.1. Civil damage liability to state for unlawful killing or taking of wild animals--Amount--Return of uninjured animal--Exemption.
Any person, other than a minor under the age of sixteen years, who willfully and unlawfully kills, destroys, takes, or possesses in this state any wild animal designated by this section:
(1) Without an applicable and valid big game or small game license;
(2) At a time or place when and where taking or possession of such regulated wild animal is prohibited;
(3) In excess of the legal limit of big game if exceeded by one or more; or
(4) In excess of the legal daily or possession limit of small game bird or fish if exceeded by two or more;
is liable to the state for civil damages.
The civil damages are five thousand dollars for each nontrophy elk, mountain lion, or buffalo; ten thousand dollars for each mountain goat or mountain sheep; one thousand dollars for each nontrophy mule deer, nontrophy white-tailed deer, nontrophy antelope, or bobcat; two hundred dollars for each turkey; two hundred dollars for each paddlefish; one hundred dollars for each small game bird; and fifty dollars for each fish for any species, other than paddlefish, with an established daily limit of less than twenty-five. The civil damages for each trophy antelope, trophy mule deer, and trophy white-tailed deer as defined in § 41-1-1.3 may not be less than two thousand dollars and may not exceed five thousand dollars, and the civil damages for each trophy elk as defined in § 41-1-1.3 may not be less than six thousand dollars and may not exceed ten thousand dollars.
If a person has taken or is in possession of more than two times the lawful daily or possession limit of a regulated wild animal, such person is liable for twice the damages provided in this section.
However, the return uninjured of the wild animal to the place where captured, or to such other place as the Department of Game, Fish and Parks may direct, constitutes a discharge of such damages. Moreover, the provisions of this section do not apply to any person, who, after providing written notice received by the Department of Game, Fish and Parks, forty-eight hours in advance, takes reasonable actions to protect the person's land, livestock, or crops from serious and extraordinary damages caused by elk, deer, antelope, wild turkey, or mountain lion. Nothing in this section or any other provision of law prevents any person from taking any action necessary to protect the personal safety of that person or any other person who is in immediate danger of harm from a mountain lion or other animal specified in this section.
Source: SL 1969, ch 104; SL 1985, ch 321, § 2; SL 1998, ch 254, § 1; SL 1999, ch 209, § 2; SL 2001, ch 227, § 1; SL 2010, ch 206, § 3.
41-1-5.2. Civil action for recovery of damages for unlawful killing or taking of animals--Effect of criminal conviction or acquittal--Deposit of damages and costs--Collection of judgments--Collection fees.
The liquidated damages provided for in this chapter and taxable costs may be collected by the Department of Game, Fish and Parks in a civil suit brought by it, in the name of the State of South Dakota, against the person claimed to be liable therefor. Conviction of a criminal offense for the same incident leading to the charges specified in § 41-1-5.1 is prima facie evidence of the defendant's civil liability. Failure to obtain conviction on a criminal charge is not a bar to a separate civil action for such liquidated damages.
The department, collecting such liquidated damages and taxable costs for wild animals other than trophy antelope, trophy mule deer, trophy white-tailed deer, and trophy elk as defined in § 41-1-1.3, shall deposit them in the Department of Game, Fish and Parks fund. Any other public agency or department of the state, collecting liquidated damages and taxable costs for wild animals other than trophy antelope, trophy mule deer, trophy white-tailed deer, and trophy elk as defined by § 41-1-1.3, shall remit the moneys collected, less the agreed collection fee, to the state treasurer who shall deposit them in the Department of Game, Fish and Parks fund.
From the civil damages collected for each trophy antelope, trophy mule deer, trophy white-tailed deer, and trophy elk as defined in § 41-1-1.3, an amount equal to the liquidated damages for a nontrophy antelope, nontrophy mule deer, nontrophy white-tailed deer, or nontrophy elk as defined in § 41-1-1.4, as the case may be, shall be deposited in the Game, Fish and Parks fund with the excess to be deposited in the general fund of the school district in which the trophy animal was illegally taken.
The judgment and liquidated damages may be collected by an agent. Fees to agents authorized to collect on a judgment under this section may not exceed fifty percent of the total amount collected. With approval of the department, agreed collection fees may be deducted from the moneys collected when remitted or may be paid on warrants drawn by the state auditor on itemized vouchers approved by the secretary of game, fish and parks and submitted simultaneously with the moneys collected.
Source: SL 1969, ch 104; SL 1976, ch 255; SL 1989, ch 351, § 1; SL 1989, ch 352, § 1; SL 1991, ch 337, § 2; SL 1996, ch 5, § 3; SL 1997, ch 235, § 4; SL 2001, ch 227, § 2; SL 2010, ch 206, § 4.
41-1-5.6. Statement of liability provisions printed on citations--Acknowledgment noted through specific receipt form--Failure to give required warnings.
A statement generally outlining the civil liability provisions of § 41-1-5.1 shall be printed on the reverse of the citation given by an arresting officer at the time of the arrest to the person violating game and fish statutes. Acknowledgment of receipt of the information concerning civil liability by the defendant is to be noted specifically through a specific receipt form to draw attention to civil penalties.
No person who has been prosecuted for a criminal offense may be held liable for civil damages pursuant to §§ 41-1-5.1 and 41-1-5.2 arising from the same offense or incident if the person has not received the warnings required in this section.
Source: SL 1985, ch 322, § 4; SL 1989, ch 352, § 2; SL 2001, ch 227, § 6.
41-1-5.7. Disposition of deer and antelope killed by motor vehicle.
If any deer or antelope is killed by a motor vehicle on a public highway, any person who desires to possess that animal shall notify a conservation officer, as defined by § 41-15-10, prior to taking possession of the animal. The conservation officer may give a dated and written authorization allowing possession of the animal. The conservation officer may give verbal authorization to take immediate possession of the animal prior to receipt of the written authorization. The written authorization allows the possession and disposal of the animal. The written authorization shall remain with the carcass while in processing or storage. No part of an animal so obtained may be sold, bartered or traded. There is no fee for the issuance of such authorization.
Source: SL 1992, ch 294.
41-1-7. Fish grown or raised for breeding purposes or sale.
For the purposes of sales taxes and commercial motor vehicle licensing and all other classifications and administration of the statutes of the State of South Dakota, the executive orders of the Governor of the State of South Dakota, administrative rules and regulations promulgated pursuant to chapter 1-26, fish grown or raised for breeding purposes for sale to others means:
(1) The fish and the products thereof are agricultural products;
(2) The breeding, raising, producing, or marketing of such fish or their products by the producer is a farming operation;
(3) One who engages in an operation defined by subdivision (2) of this section is a farmer.
Source: SL 1979, ch 275.
41-1-8. Interference with lawful hunting, trapping, or fishing prohibited--Violation as misdemeanor.
No person may intentionally interfere with any person or group of persons lawfully engaged in the process of taking or attempting to take any game or fish. No person may engage in any activity specifically intended to harass or otherwise prevent the lawful taking of any game or fish. No person may engage in any activity to scare or disturb any game with specific intent to prevent their lawful taking. This section may not be construed to prohibit a landowner from revoking a prior grant of permission to hunt on his land. A violation of any provision of this section is a Class 2 misdemeanor.
Source: SL 1983, ch 298, § 1.
41-1-9. Disobeying order of peace officer to desist from interfering as misdemeanor.
Any person who fails to obey the order of a peace officer to desist from conduct in violation of § 41-1-8, if the officer observes such conduct, or has reasonable grounds to believe the person was engaged in such conduct that day or intends to engage in such conduct that day on a specific premises, is guilty of a Class 1 misdemeanor.
Source: SL 1983, ch 298, § 2.
41-1-10. Enjoining interference--Damages allowable.
The court may enjoin conduct which is in violation of § 41-1-8 upon petition by a person affected or who reasonably may be affected by such conduct, upon a showing that such conduct is threatened or that it has occurred on a particular premises in the past and may reasonably be expected to be repeated. The court may award damages to any person adversely affected by a violation of § 41-1-8. Damages may include an award for punitive damages, license fees, travel, or other expenses which were rendered futile by preventing the licensee from taking game or fish.
Source: SL 1983, ch 298, § 3.
41-1-11. Certain judgment debtors denied licenses--Automatic revocation pending satisfaction--Violation as misdemeanor.
No person who is subject to an unpaid and unsatisfied judgment in favor of the State of South Dakota for wildlife civil damages as determined in § 41-1-5.1 may purchase, attempt to purchase, or possess any South Dakota hunting, fishing, or trapping license. If any person is in violation of this section, such person's hunting, fishing, or trapping licenses and privileges are automatically revoked without hearing until the judgment is paid in full and satisfied. A violation of this section is a Class 1 misdemeanor.
Source: SL 2001, ch 228, § 1.
41-1-12. Euthanasia of animal injured in motor vehicle accident.
Notwithstanding any other provision of law, any person who has seriously injured a wildlife animal in a motor vehicle accident or any person who comes upon a wildlife animal that has been seriously injured in a motor vehicle accident may euthanize the seriously injured animal so that it will not suffer needlessly if that person has the means, skill, and will to euthanize the animal humanely.
Source: SL 2013, ch 207, § 1.
41-1-13. Report of euthanasia to department.
Any person who euthanizes a wildlife animal pursuant to § 41-1-12 shall report the event to the Department of Game, Fish and Parks or any conservation office within twenty-four hours.
Source: SL 2013, ch 207, § 2.
CHAPTER 41-2
STATE DEPARTMENT OF GAME, FISH AND PARKS
41-2-1 Department and commission continued.
41-2-1.1 Department continued--Performance of functions.
41-2-1.2 Direction and supervision of commission--Independent functions retained.
41-2-2 Political affiliations of commissioners--Farmer members--Residence and gross income requirements.
41-2-3 Terms of office of commissioners--Annual appointments--Restrictions on appointments.
41-2-4 Oath and bond of commissioners.
41-2-5 Removal of commissioner from office--Procedure.
41-2-6 Filling of vacancies on commission.
41-2-7 41-2-7. Repealed by SL 1978, ch 291
41-2-8 Annual meeting of commission--Chair and vice chair--Additional meetings.
41-2-9 41-2-9, 41-2-10. Superseded
41-2-11 Employment of conservation officers--Qualifications--Career service.
41-2-12 41-2-12. Repealed by SL 1997, ch 232, § 1
41-2-13 Rangers and park managers as unpaid conservation officers--Emergency appointments.
41-2-14 41-2-14, 41-2-15. Repealed by SL 1971, ch 231, § 3
41-2-16 Duties assigned to departmental officers and employees.
41-2-17 41-2-17. Repealed by SL 1997, ch 232, § 2
41-2-18 Implementation of game, fish and conservation laws--Promulgation of rules--Violation as misdemeanor.
41-2-18.1 Repealed by SL 2012, ch 201, § 1.
41-2-19 Acquisition, management, and improvement of property.
41-2-20 Sale of property no longer needed--Procedures.
41-2-21 Acquisition and development of property for public shooting areas, water conservation, and recreation.
41-2-21.1 Railroad right-of-way responsibility--Taxation.
41-2-22 Operation of controlled hunting areas.
41-2-23 Improvement of wildlife habitat--Access lands--State title not required.
41-2-24 Acquisition and management of parks--Fees--Bonds--Cooperation with other agencies.
41-2-25 Park and recreational improvements on leased lands.
41-2-26 Easements, leases, and permits on property controlled by department--Purposes for which granted.
41-2-27 Publicity and advertising activities.
41-2-28 41-2-28. Transferred to § 41-20-13
41-2-29 Sale of forest products or department lands--Disposition of proceeds.
41-2-29.1 Sale of real property owned by state--Requirements and procedure.
41-2-29.2 Trade or exchange of real property owned by state--Requirements and procedure.
41-2-30 Predatory animal control activities--Cooperation with other agencies.
41-2-31 Acceptance and use of federal grants and other donations.
41-2-32 41-2-32. Repealed by SL 1984, ch 273, § 40
41-2-33 Appointment of licensing agents.
41-2-34 Fees and collections paid into departmental fund.
41-2-34.1 Resident small game license revenue--Use--Purchase and use of land--Power of eminent domain not to be exercised.
41-2-34.2 Surcharge on licenses--Deposit in fund--Disbursement of money in fund.
41-2-34.3 41-2-34.3. Repealed by SL 1998, ch 254, § 4
41-2-35 Annual appropriation of departmental fund.
41-2-35.1 Informational budget--Review.
41-2-36 Audit of departmental books and vouchers.
41-2-37 41-2-37. Repealed by SL 1982, ch 16, § 38
41-2-38 Department to manage certain property transferred to state for fish and wildlife purposes or recreation uses--Promulgation of rules.
41-2-39 Disposal of surplus lands within George S. Mickleson Trail--Lands and persons eligible.
41-2-40 Determination of land as disposable.
41-2-41 State funds not to be expended--Landowner assumption of costs.
41-2-42 Approval of conveyances.
41-2-43 Approval by Interstate Commerce Commission.
41-2-44 Landowner agreement--Contents.
41-2-45 Conveyance by quitclaim deed--Execution.
41-2-46 Landowner presentation of proof of ownership--Contents.
41-2-47 Appraisals of real property by department--Market value defined.
41-2-48 Conservation officers--Entering private land--Prohibition--Exceptions.
41-2-49 Conservation officers--Entering private land--Liability.
41-2-1. Department and commission continued.
There is hereby continued the department of state government known as the Department of Game, Fish and Parks, and a commission comprised of eight members, appointed by the Governor as provided in § 41-2-3 subject to confirmation by the State Senate.
Source: SDC 1939, § 25.0102; SL 1945, ch 91, § 1; SL 1947, ch 116; SL 1949, ch 101; SL 1955, ch 76.
41-2-1.1. Department continued--Performance of functions.
The Department of Game, Fish and Parks shall continue as the Department of Game, Fish and Parks created by chapter 1-39, and except as provided by § 41-2-1.2, all its functions shall be administered as provided by § 1-39-5.
Source: SL 1973, ch 2, § 112; SL 1973, ch 264, § 6.
41-2-1.2. Direction and supervision of commission--Independent functions retained.
The Game, Fish and Parks Commission is administered under the direction and supervision of the Department of Game, Fish and Parks and the secretary of game, fish and parks. However, the commission retains the quasi-judicial, quasi-legislative, advisory, other nonadministrative and special budgetary functions (as defined in § 1-32-1) otherwise vested in it and shall exercise those functions independently of the secretary of game, fish and parks.
Source: SL 1973, ch 2, § 113; SL 2009, ch 206, § 4.
41-2-2. Political affiliations of commissioners--Farmer members--Residence and gross income requirements.
Not more than four of the game, fish and parks commissioners may be members of the same political party, and, at the time of their appointment, at least four shall be farmers actually residing on a farm or working primarily on a farm, engaged in agriculture, deriving at least two-thirds of their gross annual incomes from crop or livestock production or both, and interested in wildlife conservation. At the time of their appointment three commissioners shall reside west of the Missouri River and five shall reside east of the Missouri River.
Source: SDC 1939, § 25.0102; SL 1945, ch 91, § 1; SL 1947, ch 116; SL 1949, ch 101; SL 1955, ch 76; SL 1966, ch 67; SL 1969, ch 93; SL 1994, ch 321; SL 2009, ch 206, § 5; SL 2018, ch 249, § 1.
41-2-3. Terms of office of commissioners--Annual appointments--Restrictions on appointments.
The term of office of the game, fish and parks commissioners is four years. The Governor shall preserve:
(1) An arrangement of length of terms whereby two members have terms expiring each year;
(2) A rotation of terms between the republican and democratic parties.
The expiration of terms occurs on the tenth day of January of each year, and all required appointments shall be made by the first day of March. The appointments shall fill all vacancies on the commission arising either by expiration of term or from any other cause. No person may serve on the commission for more than eight years. However, if the person's first appointment is for two years the person may be reappointed thereafter for no more than two additional four-year terms.
Source: SL 1945, ch 91, § 1; SL 1947, ch 116; SL 1949, ch 101; SL 1955, ch 76; SDC Supp 1960, § 25.0102; SL 1970, ch 234, § 1; SL 1972, ch 223; SL 2009, ch 206, § 6.
41-2-4. Oath and bond of commissioners.
Each game, fish and parks commissioner shall qualify by taking the oath of office prescribed by S.D. Const., Art. XXI, § 3. The commissioner shall give bond to the state in the penal sum of five thousand dollars conditioned upon the faithful discharge of the duties of the office, and shall file the bond with the secretary of state.
Source: SDC 1939, § 25.0102; SL 1945, ch 91, § 1; SL 1947, ch 116; SL 1949, ch 101; SL 1955, ch 76; SL 2009, ch 206, § 7.
41-2-5. Removal of commissioner from office--Procedure.
The Governor may remove a game, fish and parks commissioner for inefficiency, neglect of duty, or misconduct in office after giving the commissioner a copy of the charges against the commissioner and opportunity to be heard publicly in person or by counsel in his or her own defense, upon not less than ten days' notice. If the commissioner is removed, the Governor shall file in the Office of the Secretary of State a complete statement of all charges made against the commissioner and his or her findings on the charges, together with a complete record of the proceedings.
Source: SDC 1939, § 25.0103; SL 2009, ch 206, § 8.
41-2-6. Filling of vacancies on commission.
Any vacancy on the Game, Fish and Parks Commission occurring from any cause shall be filled by the Governor for the unexpired term, subject to confirmation by the State Senate at the succeeding regular legislative session.
Source: SDC 1939, § 25.0102; SL 1945, ch 91, § 1; SL 1947, ch 116; SL 1949, ch 101; SL 1955, ch 76.
41-2-8. Annual meeting of commission--Chair and vice chair--Additional meetings.
The Game, Fish and Parks Commission shall hold its annual meeting at the capital to elect a chair and vice chair for the ensuing year, and to transact such other business as may properly come before the meeting. Additional meetings may be held as determined by the commission.
Source: SDC 1939, § 25.0105; SL 1941, ch 103; SL 1945, ch 91, § 8; SL 1978, ch 292, § 1; SL 2009, ch 206, § 9.
41-2-11. Employment of conservation officers--Qualifications--Career service.
The Department of Game, Fish and Parks may employ an adequate force of conservation officers to enforce the provisions of this title. Each conservation officer shall meet requirements as to education and training of law enforcement officers provided pursuant to chapter 23-3. The provisions of chapter 3-6D apply to each conservation officer.
Source: SDC 1939, § 25.0110; SL 1945, ch 93, § 2; SL 1947, ch 102; SL 1949, ch 89, § 1; SL 1951, ch 116, § 1; SL 1955, ch 77, § 1; SL 1957, ch 97, § 2; SL 1973, ch 23, § 4; SDCL § 41-15-10 as added by SL 1973, ch 270; SL 2009, ch 206, § 10; SL 2018, ch 12, § 23.
41-2-13. Rangers and park managers as unpaid conservation officers--Emergency appointments.
All rangers and park managers employed by the department shall be conservation officers without additional compensation. If the emergency exists, the Department of Game, Fish and Parks may appoint additional conservation officers who shall serve without additional compensation and shall have all the powers of other conservation officers.
Source: SDC 1939, § 25.0110; SL 1945, ch 93, § 2; SL 1947, ch 102; SL 1949, ch 89, § 1; SL 1951, ch 116, § 1; SL 1955, ch 77, § 1; SL 1957, ch 97, § 2; SL 1971, ch 231, § 1; SL 1984, ch 276, § 2.
41-2-16. Duties assigned to departmental officers and employees.
The officers and employees authorized by this title and any other necessary employees or assistants shall perform such duties for the Department of Game, Fish and Parks as may be assigned to them by the department.
Source: SL 1945, ch 91, § 6; SDC Supp 1960, § 25.0107-1.
41-2-18. Implementation of game, fish and conservation laws--Promulgation of rules--Violation as misdemeanor.
The Game, Fish and Parks Commission may adopt such rules as may be necessary to implement the provisions of chapters 41-1 to 41-15, inclusive. The rules may be adopted to regulate:
(1) The conservation, protection, importation, and propagation of wild animals and fish except for any nondomestic animal which is regulated pursuant to § 40-3-26;
(2) The hunting, taking, killing, possession, sale, and transportation of all wild birds, wild animals, and wild fish except for any nondomestic animal which is regulated pursuant to § 40-3-26;
(3) The management of nongame, endangered, or threatened wildlife to ensure their perpetuation as viable components of the ecosystem;
(4) The management, control of traffic, improvement and public use of all lands and water owned, leased, or controlled by the state and Department of Game, Fish and Parks designated as public shooting areas, game production areas, wildlife refuges, lake and fishing access use areas and controlled hunting areas;
(5) The management, use, and improvement of all meandered and nonmeandered lakes, sloughs, marshes, and streams extending to and over dry or partially dry meandered lakes, sloughs, marshes, and streams, including all lands to which the state has acquired any right, title or interest for the purpose of water conservation or recreation;
(6) The creation, modification, or vacation of state game refuges, state waterfowl refuges, and state game bird refuges on all public land and on private land with the written consent of the landowner;
(7) The management and improvement of all islands or accumulations of land formed in the bed of a navigable stream or meandered lake on the Missouri River below the Fort Randall Power Plant and Lake Francis Case;
(8) The appointment, management, bonding, and cancellation of licensing agents;
(9) The gathering, purchasing, distributing, and transferring of all wild animals and fish for population management, stocking purposes, scientific study, and intergovernmental trades;
(10) The form of and the manner and placement of any tags, coupons, or permits necessary for the transportation of any wild animal or fish;
(11) The sale, breeding, raising, and transportation of any nondomestic animal which is not regulated pursuant to § 40-3-26;
(12) The form, procedures for, and content of all license applications authorized under this title;
(13) The form, procedures for, fee, and manner of validation, replacement, or cancellation of all licenses authorized under this title that are not already established by statute;
(14) The devices, weapons, ammunition, traps, tackle, bait, lures, and equipment which may be used to hunt, kill, capture, or locate any wild animal or fish if use of the above items would adversely affect the health, safety, or welfare of people or wildlife resources;
(15) The hunting, fishing, and trapping in the boundary waters of this state;
(16) The release, hunting, and taking of animals and birds on private shooting preserves;
(17) The establishment of, and the opening, closing, modifying, or curtailing of hunting, fishing, and trapping seasons, if the seasons are not established by statute;
(18) The setting of fees for special licenses not covered by statute to manage specific and limited wildlife populations;
(19) The number of persons who may cooperate as a group in the pursuit, hunting, taking, or killing of game birds or game animals;
(20) The acquisition, possession, use, and disposition of raptors;
(21) The acquisition, possession, transportation, sale, and release of bait fish and frogs;
(22) The regulation of, and the acquisition, possession, transportation, sale, and release of fish, from private fish hatcheries;
(23) The regulation of fish houses or other sheltering structures maintained upon the ice of any public waters;
(24) The issuance and cancellation of taxidermist licenses and the acquisition, possession, and disposition of specimens for taxidermy purposes;
(25) The operation of controlled hunting areas;
(26) The conditions under which the commission may authorize the possession, importation, shipment, or transport of an aquatic invasive species within the state;
(27) The conditions under which the commission may authorize the placement of a conveyance into waters within the state without first meeting the requirements of § 41-13A-4;
(28) The requirements and protocols for the cleaning, draining, and drying of a conveyance; and
(29) The standards and procedures for decontaminating a conveyance and for disposing of any organisms and organic material as provided in §§ 41-13A-6 and 41-13A-7.
The rules shall be adopted pursuant to chapter 1-26 and shall be in accordance with the provisions of this chapter.
A violation of the substantive provision of any rule authorized by this section is a Class 2 misdemeanor. If the same incident is a violation of statute and of the rules authorized by this section only the penalty authorized for the violation of the statute may be imposed.
Source: SDC 1939, § 25.0106 (1); SL 1957, ch 96; SL 1983, ch 288, § 2; SL 1984, ch 273, § 38; SL 1991, ch 337, § 4; SL 1993, ch 311, § 6; SL 2017 (SS), ch 1, § 19, eff. June 12, 2017; SL 2020, ch 181, § 8, eff. Feb. 26, 2020.
41-2-18.1. Repealed by SL 2012, ch 201, § 1.
41-2-19. Acquisition, management, and improvement of property.
The Department of Game, Fish and Parks may, on behalf and in the name of the state, acquire public or private property by gift, grant, devise, purchase, lease, or condemnation proceedings, and may manage, control, and improve the property for the purpose of exercising the powers granted in this title.
Source: SDC 1939, § 25.0106 (2); SL 1941, ch 104; SL 2009, ch 206, § 11.
41-2-20. Sale of property no longer needed--Procedures.
Any personal property or buildings or fixtures on real estate, acquired pursuant to § 41-2-19, may be sold by the Game, Fish and Parks Commission if the commission determines it to be obsolete or no longer useful. The property shall be sold according to procedures prescribed by the commissioner of human resources and administration.
Source: SDC 1939, § 25.0106 (2) as added by SL 1941, ch 104; SL 1977, ch 54, § 13; SL 2009, ch 206, § 12; SL 2024, ch 1 (Ex. Ord. 24-1), § 34, eff. Apr. 8, 2024.
41-2-21. Acquisition and development of property for public shooting areas, water conservation, and recreation.
The Department of Game, Fish and Parks may acquire by any means or methods as specified in § 41-2-19 any public or private real property especially desirable for purposes of establishing public shooting areas or for the purposes of water conservation or recreation and may develop and improve the property for such purposes.
Source: SDC 1939, § 25.0106 (3); SL 1945, ch 92; SL 1947, ch 101; SL 2009, ch 206, § 13.
41-2-21.1. Railroad right-of-way responsibility--Taxation.
The Department of Game, Fish and Parks has the same responsibility for any railroad right-of-way that it acquires as a hiking or biking recreation trail as it bears toward land acquired as a public shooting area. However, the property interest which the department holds in such right-of-way may not be taxed by any local taxing district.
Source: SL 1990, ch 331, § 1.
41-2-22. Operation of controlled hunting areas.
The Department of Game, Fish and Parks may establish and operate controlled hunting areas whenever in the opinion of the Game, Fish and Parks Commission the establishment of such areas is in the best interest of the people of South Dakota.
Source: SL 1959, ch 107; SDC Supp 1960, § 25.0106-1 (5); SL 1984, ch 273, § 39.
41-2-23. Improvement of wildlife habitat--Access lands--State title not required.
The Department of Game, Fish and Parks shall, if directed by the Game, Fish and Parks Commission, expend funds for the improvement of wildlife habitat, access to hunting, and access to fishing or recreation areas on any land, public or private, within the state, notwithstanding the provisions of § 5-14-10. Any land so improved is open to reasonable use by the public.
Source: SDC Supp 1960, § 25.0106-1 (7) as added by SL 1965, ch 108; SL 2009, ch 206, § 14.
41-2-24. Acquisition and management of parks--Fees--Bonds--Cooperation with other agencies.
The Department of Game, Fish and Parks shall acquire by gift, purchase, lease, or condemnation and shall improve and manage land areas suitable for park purposes in various portions of the state so that a comprehensive state park system may be established. The department may levy and collect service fees for the use of the facilities in the state parks, upon the conditions as provided in this title. The department may issue its negotiable bonds for such purposes, and in such amounts, forms and upon such conditions as provided in this title. The department may cooperate with the United States, with any agency of the United States, and with any other department or public corporation of this state in such park activities.
Source: SL 1945, ch 91, § 5; SL 1959, ch 108, § 1; SDC Supp 1960, § 25.0106-1 (1); SL 1966, ch 68, § 1; SL 2009, ch 206, § 15.
41-2-25. Park and recreational improvements on leased lands.
The Department of Game, Fish and Parks may make capital improvements that the Game, Fish and Parks Commission deems necessary or proper for the extension, improvement, or development of state parks and recreation areas on all land leased by the department. The provisions of § 5-14-10 do not apply to this section.
Source: SDC Supp 1960, § 25.0106-1 (8) as added by SL 1966, ch 68, § 2; SL 2009, ch 206, § 16; SL 2016, ch 206, § 1.
41-2-26. Easements, leases, and permits on property controlled by department--Purposes for which granted.
The Department of Game, Fish and Parks may grant easements, leases, or permits on property that it owns or controls, for public utilities; for agricultural purposes; for electrical power or telephone lines; for towers for radio, television, or radar; for cabin sites; for concessions; and for the development, operation, or management of facilities to service the needs of the public.
Source: SDC Supp 1960, § 25.0106-1 (6) as added by SL 1961, ch 114; SL 1966, ch 68, § 1; SL 2009, ch 206, § 17.
41-2-27. Publicity and advertising activities.
The Department of Game, Fish and Parks shall publicize the game and fish, scenic, recreational, park, health, natural, and other resources of this state in such manner as the department deems most effective to attract tourists and others to this state. The department shall cooperate with any other agency, department, or public corporation of this state for such purpose.
Source: SL 1945, ch 91, § 5; SDC Supp 1960, § 25.0106-1 (4); SL 2009, ch 206, § 18.
41-2-29. Sale of forest products or department lands--Disposition of proceeds.
The Department of Game, Fish and Parks may authorize sales of any and all forest products or of lands owned by the department. Proceeds from such sales shall become a part of the funds authorized for use of the Department of Game, Fish and Parks by this chapter.
Source: SL 1945, ch 91, § 5; SDC Supp 1960, § 25.0106-1 (3); SL 1966, ch 68, § 1; SL 1984, ch 276, § 4.
41-2-29.1. Sale of real property owned by state--Requirements and procedure.
The Department of Game, Fish and Parks shall sell real property owned by the state and held by the department if such real property is no longer needed for game, fish, or parks purposes. Such sale may be made only by the following procedure:
(1) At the full value established by a qualified appraiser employed by the department;
(2) For cash at public auction;
(3) Five days after the last of at least two publications of notice of the sale in at least three daily newspapers of the state. The publications shall disclose all details relative to the sale;
(4) Money received shall be deposited with the state treasurer and credited to the game, fish and parks fund;
(5) Conveyance shall be made in the name of the State of South Dakota acting by and through the Department of Game, Fish and Parks and executed in the manner provided by § 5-2-11.
Source: SDC Supp 1960, § 25.0106-1 as added by SL 1968, ch 98; SL 1972, ch 28, § 14; SL 2009, ch 206, § 19.
41-2-29.2. Trade or exchange of real property owned by state--Requirements and procedure.
The Department of Game, Fish and Parks, in addition to or as an alternative to the requirements and methods specified in § 41-2-29.1, may trade or exchange real property owned by the state and held by the department if the real property is no longer needed for game, fish or parks purposes or if real property more suitable to department purposes may be obtained by an exchange. The exchange may be made only for other real property of equal value as determined by a qualified appraiser employed by the department. Conveyance shall be made in the name of the State of South Dakota acting by and through the Department of Game, Fish and Parks and executed in the manner provided by § 5-2-11.
Source: SDC Supp 1960, § 25.0106-1 as added by SL 1968, ch 98; SL 2009, ch 206, § 20.
41-2-30. Predatory animal control activities--Cooperation with other agencies.
The Department of Game, Fish and Parks shall engage in predatory animal control activities and cooperate with the United States or any agency of the United States, with other states, or with any other department, agency, or public corporation of this state in the execution of such control activities.
Source: SL 1945, ch 91, § 5; SDC Supp 1960, § 25.0106-1 (2); SL 2009, ch 206, § 21.
41-2-31. Acceptance and use of federal grants and other donations.
The Department of Game, Fish and Parks may accept, use, and expend any funds directed to it and provided by any agency of the United States government or provided by any other private or public sources.
Source: SDC Supp 1960, § 25.0106-1 (1) as added by SL 1966, ch 68, § 1; SL 2009, ch 206, § 22.
41-2-33. Appointment of licensing agents.
The Department of Game, Fish and Parks may appoint license issuing agents to issue on behalf of the department any license, permit, or stamp permitted or provided for by this title and § 32-20A-15.1. No conservation officer may be appointed as a license issuing agent. The licensing issuing agents shall remit all license fees collected at the time and in the manner required by rules adopted pursuant to chapter 1-26.
Source: SDC 1939, § 25.0106 (5); SL 1984, ch 273, § 41; SL 1999, ch 210, § 1.
41-2-34. Fees and collections paid into departmental fund.
All moneys collected under any of the game and fish laws of this state including sums paid for licenses or on account of bonds or contracts entered into with any persons, and money due from other sources connected with the game and fish laws of this state, except fines, shall be paid into the state treasury to be credited to the Department of Game, Fish and Parks fund. Excepting receipts from sales of timber on school lands, all sums received from rentals, contracts, licenses, sales of personal property, or any source, except such sums as are derived from or which have accrued through the operation of the Division of Forestry and Parks and Custer State Park, shall be paid into the state treasury and credited to the Department of Game, Fish and Parks fund.
Source: SDC 1939, § 25.0115; SL 1945, ch 36, § 11; SL 1945, ch 91, § 7; SL 1957, ch 99, § 6; SDC Supp 1960, § 25.0115-1.
41-2-34.1. Resident small game license revenue--Use--Purchase and use of land--Power of eminent domain not to be exercised.
An amount equal to thirty-five percent of the resident small game license revenue shall be used for the purpose of restoring the state pheasant and wildlife population. Any land purchased with such funds shall be identified as game production areas. Any such purchase shall be from a willing seller and shall be approved by the Governor. No acquisition of land made pursuant to this section may be accomplished through the state's power of eminent domain.
Source: SL 1977, ch 327, § 5; SL 1988, ch 331; SL 1998, ch 252, § 5.
41-2-34.2. Surcharge on licenses--Deposit in fund--Disbursement of money in fund.
The Game, Fish and Parks Commission shall impose a surcharge in the amount of six dollars on each classification of hunting licenses issued by the Department of Game, Fish and Parks with the exception of licenses to take fur-bearing animals, one-day small game licenses, predator/varmint licenses, migratory bird certification permits, youth deer licenses, youth small game licenses, and mentored youth big game licenses authorized by § 41-6-81. Of the revenue from the surcharge for each such license, one dollar shall be deposited in the animal damage control fund established pursuant to § 40-36-10; and five dollars shall be deposited in a special fund known as the South Dakota sportsmen's access and landowner depredation fund, which is hereby established. Money in the fund is continuously appropriated for the purposes set forth in this section. Fifty percent of the money in the South Dakota sportsmen's access and landowner depredation fund shall be available to landowners pursuant to procedures and amounts to be established in rules promulgated by the commission pursuant to chapter 1-26 for purposes of providing hunting access on the landowners' land and for wildlife depredation and damage management programs. Fifty percent of the money in the South Dakota sportsmen's access and landowner depredation fund shall be available for purposes of acquiring free public hunting access by lease agreement.
Source: SL 1998, ch 253, § 1; SL 2001, ch 229, § 1; SL 2004, ch 261, § 2; SL 2007, ch 240, § 2; SL 2010, ch 207, § 1; SL 2013, ch 208, § 1, eff. Mar. 20, 2013.
41-2-35. Annual appropriation of departmental fund.
All moneys in the Department of Game, Fish and Parks fund are hereby annually appropriated to be used with any moneys otherwise appropriated to pay the necessary expenses of effectuating the purposes of this title.
Source: SDC 1939, § 25.0115; SL 1945, ch 36, § 11; SL 1945, ch 91, § 7; SL 1957, ch 99, § 6; SDC Supp 1960, § 25.0115-1.
41-2-35.1. Informational budget--Review.
Notwithstanding any other provisions of law, all funds received by the Department of Game, Fish and Parks shall be set forth in an informational budget as described in § 4-7-7.2 and be annually reviewed by the Legislature. Nothing in this section affects department control over expenditures of any portion of dedicated revenues received by the department.
Source: SL 1979, ch 278, §§ 21, 22; SL 2009, ch 206, § 23.
41-2-36. Audit of departmental books and vouchers.
The books and vouchers of the Department of Game, Fish and Parks are subject to examination by the Department of Legislative Audit at all times.
Source: SDC 1939, § 25.0108; SL 2009, ch 206, § 24.
41-2-38. Department to manage certain property transferred to state for fish and wildlife purposes or recreation uses--Promulgation of rules.
The State of South Dakota accepts from the United States ownership of property pursuant to and as described in Title VI of the Water Resources Development Act of 1999, Public Law 106-53 consisting of property, land, improvements, and recreation areas to be utilized for fish, wildlife, park, and all other recreational uses and purposes. Upon transfer of ownership or interim acquisition of the property by lease or agreement, the Department of Game, Fish and Parks may manage, control, and improve the property on behalf of the state. The Game, Fish and Parks Commission may promulgate rules pursuant to chapter 1-26 to designate areas within the property as a state recreation area, a state nature area, a state lakeside use area, a state recreational trail, a public shooting area, a game production area, a wildlife refuge, a lake and fishing access use area, or a controlled hunting area. Management of the property includes the power to lease any of the property acquired in this section for any agricultural, recreational, or other purposes authorized by law. Any other statutory authority of the commission to promulgate rules shall apply to the property subject to the Water Resource Development Act.
Source: SL 2000, ch 204, § 1.
41-2-39. Disposal of surplus lands within George S. Mickleson Trail--Lands and persons eligible.
The Department of Game, Fish and Parks may dispose of surplus lands within the George S. Mickelson Trail by giving them to the respective landowners adjoining the trail as set out in §§ 41-2-39 to 41-2-46, inclusive. The lands described may be disposed of only to those landowners whose lands border or surround the trail, and each landowner may receive only such land as lies within the lot, description, or subdivision owned by the landowner.
Source: SL 1994, ch 326, § 1.
41-2-40. Determination of land as disposable.
No lands may be considered for disposal under §§ 41-2-39 to 41-2-46, inclusive, unless the lands lie outside the fence to be constructed under § 41-17-26. No lands may be disposed of under §§ 41-2-39 to 41-2-46, inclusive, unless the Department of Game, Fish and Parks and the Game, Fish and Parks Commission first determine that the lands are surplus and not needed for present or future development of the trail, nor for other transportation uses.
Source: SL 1994, ch 326, §§ 2 and 7.
41-2-41. State funds not to be expended--Landowner assumption of costs.
No funds belonging to the state may be expended to dispose of lands under §§ 41-2-39 to 41-2-46, inclusive. All costs of disposal, including surveying, drafting of documents, preparation and filing of plats, transfer fees, recording fees, abstract or title insurance costs, and attorney's fees, shall be paid by the landowner.
Source: SL 1994, ch 326, § 3.
41-2-42. Approval of conveyances.
Any conveyance under §§ 41-2-39 to 41-2-46, inclusive, shall be specifically approved by the Burlington Northern Company, formerly known as Burlington Northern, Incorporated.
Source: SL 1994, ch 326, § 4.
41-2-43. Approval by Interstate Commerce Commission.
Any disposal of lands under §§ 41-2-39 to 41-2-46, inclusive, if the lands are located to south of the north line of block 139, original plat of Custer City, South Dakota, shall be approved by the United States Interstate Commerce Commission under the commission's abandonment procedures.
Source: SL 1994, ch 326, § 5.
41-2-44. Landowner agreement--Contents.
Prior to any disposal of lands under §§ 41-2-39 to 41-2-46, inclusive, the landowner shall sign an agreement, setting out that the landowner is receiving the land under the conditions of §§ 41-2-39 to 41-2-46, inclusive, that the landowner will provide a survey and recording of plats fully and accurately describing the land to be conveyed, and that the landowner agrees to assume all expenses that arise as a result of the disposal of the lands.
Source: SL 1994, ch 326, § 6.
41-2-45. Conveyance by quitclaim deed--Execution.
If the determinations required by § 41-2-44 are made, and if all other conditions of §§ 41-2-39 to 41-2-46, inclusive, are met, the Department of Game, Fish and Parks and the Game, Fish and Parks Commission shall, by resolution, request that the Governor and the commissioner of school and public lands convey the affected lands to the surrounding landowner. The conveyance shall be by quitclaim deed, but otherwise shall be executed in the manner provided in § 5-2-11.
Source: SL 1994, ch 326, § 8.
41-2-46. Landowner presentation of proof of ownership--Contents.
Prior to delivery of the quitclaim deed as provided in §§ 41-2-39 to 41-2-46, inclusive, the landowner shall present to the Department of Game, Fish and Parks and to the commissioner of school and public lands satisfactory proof of ownership of the lot, description, or subdivision containing the lands to be conveyed, when the state holds an easement over the lands. If the state holds fee title, the landowner shall present satisfactory proof of ownership of the land bordering or surrounding the right-of-way. This proof shall be made by presentation of an owner's policy of title insurance dated as of the contemplated date of conveyance, or an abstract certified to that date by a licensed and bonded abstractor of the county containing the lands to be conveyed.
Source: SL 1994, ch 326, § 9.
41-2-47. Appraisals of real property by department--Market value defined.
Any appraisal of real property done by or on behalf of the Department of Game, Fish and Parks shall be done by a state certified appraiser to determine the market value of the property. Market value is the amount in cash, or on terms reasonably equivalent to cash, for which in all probability the property would have sold on the effective date of the appraisal, after a reasonable exposure time on the open competitive market, from a willing and reasonably knowledgeable seller to a willing and reasonably knowledgeable buyer, with neither acting under any compulsion to buy or sell, giving due consideration to all available economic uses of the property at the time of the appraisal.
Source: SL 2009, ch 207, § 1.
41-2-48. Conservation officers--Entering private land--Prohibition--Exceptions.
No conservation officer may, in the course of performing the duties of a conservation officer, enter any private land unless the conservation officer has a warrant or has the explicit or implied permission of the landowner or lessee. However, any conservation officer may enter any private land without permission:
(1) If reasonable suspicion or probable cause exists that a violation of a law that the conservation officer is authorized to enforce has been, is being, or is about to be committed on the private land;
(2) To dispatch crippled or distressed wildlife the conservation officer has personally and lawfully observed on the private land; or
(3) To respond to emergency situations, accidents, or other threats to public safety occurring on the private land.
Source: SL 2021, ch 183, § 1.
41-2-49. Conservation officers--Entering private land--Liability.
Nothing contained in § 41-2-48 creates criminal or civil liability for a conservation officer.
Source: SL 2021, ch 183, § 2.
41-3-1
Department in charge of propagation and preservation of game and fish.
41-3-2
Collection and publication of conservation information.
41-3-3
Cooperation with federal agencies in propagation, preservation and protection of
game and fish--Expenditure of funds.
41-3-4
Assent to federal wildlife restoration act--Cooperation in projects--Hunting license
fees committed.
41-3-4.1
Wildlife mitigation condemnations to be restricted to direct beneficiaries of project--Federal contracts--Missouri River reservoirs excepted.
41-3-4.2
Repealed.
41-3-5
Assent to federal recreation and fish and wildlife act--Cooperation in management
of fish, wildlife, and recreation areas.
41-3-6
Assent to federal acquisition of property for migratory bird conservation.
41-3-7
Purchase and exchange of animals, birds, and fish for breeding purposes.
41-3-8
Enforcement of laws for protection and propagation of animals, birds, and fish.
41-3-9
Permission for scientific collection of protected birds, animals, and fish--Resale
prohibited.
41-3-10
Management of fish hatcheries.
41-3-11
Assent to federal fish restoration and management act--Cooperative projects--Fishing
license fees committed.
41-3-12
Receipt and distribution of fish and spawn.
41-3-13
Propagation and stocking of fishing waters--Stocking of game animals and birds.
41-3-14
Obstruction of departmental fish management activities--Obstruction of waters--Disturbance of departmental devices--Violation as misdemeanor.
41-3-1. Department in charge of propagation and preservation of game and fish.
The Department of Game, Fish and Parks shall have charge of the propagation and preservation of such varieties of game and fish as it shall deem to be of public value.
Source: SDC 1939, § 25.0107 (1).
41-3-2. Collection and publication of conservation information.
The Department of Game, Fish and Parks shall have charge of the collection and diffusion of such statistics and information as shall be germane to the purpose of conservation.
Source: SDC 1939, § 25.0107 (2).
41-3-3. Cooperation with federal agencies in propagation, preservation and protection of game and fish--Expenditure of funds.
The State of South Dakota having assented to the provisions of the act or acts of Congress authorizing federal participation with the various states in projects for the propagation, preservation, and protection of game and fish which assent is hereby continued, the Department of Game, Fish and Parks is expressly authorized and empowered to cooperate with the appropriate agency, department, or commission of the federal government in projects for the propagation, preservation, and protection of game and fish and to use and expend funds of the department in connection with like appropriations of the federal government for such projects.
Source: SDC 1939, § 25.0201.
41-3-4. Assent to federal wildlife restoration act--Cooperation in projects--Hunting license fees committed.
The State of South Dakota hereby assents to the provisions of the act of Congress entitled "An Act to provide that the United States shall aid the states in wildlife-restoration projects, and for other purposes," approved September 2, 1937, (Public Law 415, 75th Congress, 1st session) and the Department of Game, Fish and Parks is hereby authorized, empowered, and directed to perform such acts as may be necessary to the conduct and establishment of cooperative wildlife-restoration projects, as defined in said act of Congress, in compliance with said act and rules and regulations promulgated by the secretary of the interior thereunder; and no moneys accruing to the State of South Dakota from license fees paid by hunters shall be diverted for any other purpose than the administration of the Department of Game, Fish and Parks.
Source: SL 1939, ch 100; SDC Supp 1960, § 25.0203.
41-3-4.1. Wildlife mitigation condemnations to be restricted to direct beneficiaries of project--Federal contracts--Missouri River reservoirs excepted.
It is the policy of this state that the federal government should not acquire land by condemnation for wildlife mitigation, except for land owned by direct beneficiaries of the project of which the wildlife mitigation is a part. The Legislature, state agencies, and the Governor may not support funding or enter into any contractual agreement for construction with the federal government for any project that does not meet the provisions of this section.
This section does not apply to any mitigation acquisition resulting from construction of the Missouri River reservoirs.
Source: SL 1978, ch 294; SL 2009, ch 206, § 25.
41-3-5. Assent to federal recreation and fish and wildlife act--Cooperation in management of fish, wildlife, and recreation areas.
The State of South Dakota hereby assents to the provisions of the act of Congress entitled, "An Act to provide uniform policies with respect to recreation and fish and wildlife benefits and costs of federal multiple-purpose water resource projects, and for other purposes," approved July 9, 1965 (Public Law 89-72, 89th Congress). The Department of Game, Fish and Parks shall perform such acts in cooperation with the United States government and all other legal entities as may be necessary to the establishment and management of fish, wildlife, and recreation areas as defined in the act of Congress in compliance with the act and rules and regulations promulgated by the secretary of the interior under the act.
Source: SL 1967, ch 91; SL 2009, ch 206, § 26.
41-3-6. Assent to federal acquisition of property for migratory bird conservation.
So that the United States may acquire by deed or other instrument of conveyance, areas of land, water, or land and water within this state for the better protection of desirable migratory birds, the State of South Dakota hereby consents to the acquisition by deed or other instrument of conveyance by the United States, of land, water, or land and water within this state, under the terms of the federal "Migratory Bird Conservation Act" of 1929.
Source: SDC 1939, § 25.0202.
41-3-7. Purchase and exchange of animals, birds, and fish for breeding purposes.
The Department of Game, Fish and Parks may secure by purchase or otherwise, game animals, birds, and fish, and fur-bearing animals, and exchange specimens of any of the same with the game commission or similar otherwise designated government agency or department of other states of the United States, or any foreign country, for breeding purposes, and not otherwise.
Source: SDC 1939, § 25.0120; SL 1971, ch 232.
41-3-8. Enforcement of laws for protection and propagation of animals, birds, and fish.
The Department of Game, Fish and Parks shall enforce the laws of this state involving the protection and propagation of all game animals, game birds, fish, and harmless birds and animals.
Source: SDC 1939, § 25.0107.
41-3-9. Permission for scientific collection of protected birds, animals, and fish--Resale prohibited.
The Game, Fish and Parks Commission may grant permission under its seal to any accredited representative of any incorporated society of natural history to collect for scientific purposes only, nests, eggs, birds, animals, or fish protected by this title. Such specimens may not be sold or transferred.
Source: SDC 1939, § 25.0120; SL 2009, ch 206, § 27.
41-3-10. Management of fish hatcheries.
The Department of Game, Fish and Parks has charge of the construction, control, and management of all fish hatcheries, including the control of grounds owned or leased for such purposes.
Source: SDC 1939, § 25.0107 (3); SL 2009, ch 206, § 28.
41-3-11. Assent to federal fish restoration and management act--Cooperative projects--Fishing license fees committed.
The State of South Dakota hereby assents to the provisions of the act of Congress entitled, "An Act to provide that the United States shall aid the states in fish restoration and management projects, and for other purposes," approved August 9, 1950 (Public Law 681, 81st Congress). The Department of Game, Fish and Parks shall perform such acts as may be necessary to the conduct and establishment of cooperative fish restoration projects, as defined in the act of Congress, in compliance with the act and rules and regulations promulgated by the secretary of the interior under the act. No funds accruing to the State of South Dakota from license fees paid by fishermen may be diverted for any other purpose than the administration of the Department of Game, Fish and Parks and for the protection, propagation, preservation, and investigation of fish and game.
Source: SL 1951, ch 130; SDC Supp 1960, § 25.0204; SL 2009, ch 206, § 29.
41-3-12. Receipt and distribution of fish and spawn.
The Department of Game, Fish and Parks has charge of the receiving from the United States Fish and Wildlife Service or other persons, and the gathering, purchase, and distribution to the waters of this state of fish, fish spawn, and fry.
Source: SDC 1939, § 25.0107 (4); SL 2009, ch 206, § 30.
41-3-13. Propagation and stocking of fishing waters--Stocking of game animals and birds.
The Department of Game, Fish and Parks has charge of the taking of fish from public waters of the state for the propagation and stocking of other waters in the state and the transferring of game animals or game birds from one section of the state to another for stocking purposes.
Source: SDC 1939, § 25.0107 (5); SL 2009, ch 206, § 31.
41-3-14. Obstruction of departmental fish management activities--Obstruction of waters--Disturbance of departmental devices--Violation as misdemeanor.
It is a Class 2 misdemeanor for any person to obstruct any appointee or employee of the Department of Game, Fish and Parks who is engaged in assigned duties of gathering fish spawn, collecting or killing fish, or any other activities undertaken to carry out the department's duties and responsibilities of managing the fisheries resources of the state. It is a Class 2 misdemeanor for any person to place in public waters any logs or other debris or objects if such action may impede the accomplishment of assigned duties by departmental appointees or employees. It is a Class 2 misdemeanor for any person to move, handle, or disturb any net or other device used by department appointees or employees for the purpose of carrying out assigned duties.
Source: SDC 1939, § 25.0612 as enacted by SL 1961, ch 120, § 2; SL 1977, ch 190, § 545; SL 2009, ch 206, § 32.
41-4-1
Acquisition of private property authorized--Condemnation resolution and
proceedings.
41-4-1.1
Notice to landowner required prior to purchase of land.
41-4-2
Condemnation costs payable from departmental fund--Vouchers and warrants.
41-4-3
Nonresident small game license fees paid into land acquisition and development
fund--Use for game production areas and public shooting areas.
41-4-4
Procedure for timber sales.
41-4-5
Timber sales on sealed bids or at auction--Negotiated small sales.
41-4-6
Publication of notice of timber sales--Contents.
41-4-7
Minimum price of timber sales--Sale to highest bidder--Rejection of bids and
readvertisement.
41-4-8
State-owned areas subject to taxation for county, township, and school purposes--Assessment and extension of levies.
41-4-9
Reimbursement of lessees of state-owned land condemned by United States.
41-4-10
Use of unused section-line roads for game production--Notice and cooperation by
eastern political subdivisions.
41-4-11
Supervision of certain islands in Missouri River--Purposes of use--Sand and gravel
contracts.
41-4-12
"Hunting guide" defined.
41-4-13
Hunting guide activities barred from certain state-owned or state-managed areas--Violations.
41-4-1. Acquisition of private property authorized--Condemnation resolution and proceedings.
The Department of Game, Fish and Parks may acquire or condemn private property if the property is necessary to carry out the purposes and intent of this title. If the Game, Fish and Parks Commission deems it necessary to take or condemn any private property for such purposes, the commission shall by proper resolution declare such necessity, stating the purpose and extent of the action. The commission shall communicate the resolution to the attorney general, and thereupon the proceedings to take or condemn the property shall be conducted as provided by the laws of this state in the name of the state as plaintiff.
Source: SDC 1939, § 25.0117; SL 2009, ch 206, § 33.
41-4-1.1. Notice to landowner required prior to purchase of land.
Before the Department of Game, Fish and Parks purchases any land pursuant to § 41-2-19, 41-2-21, 41-2-24, 41-4-1, or 41-4-3 the department shall notify the owners of any land, which is located adjacent to the land sought to be purchased by the department, that the department is seeking to purchase such land. The notification shall be by publishing notice of the same once in each legal newspaper of the county in which the property to be purchased is located. The notification shall be made at least thirty days prior to the date of action by the Game, Fish and Parks Commission authorizing the intended purchase. The notice shall include the time and location of the meeting at which the commission's action is expected and instructions for presenting oral and written comments to the commission.
Source: SL 1992, ch 295.
41-4-2. Condemnation costs payable from departmental fund--Vouchers and warrants.
Payment for lands acquired by eminent domain, including the cost and expenses of condemnation proceedings, shall be paid out of the Department of Game, Fish and Parks fund, and such part of such fund as may be necessary is hereby appropriated for such purposes, and the state auditor shall issue warrants upon the state treasurer against such fund upon vouchers duly approved by the Game, Fish and Parks Commission.
Source: SDC 1939, § 25.0118.
41-4-3. Nonresident small game license fees paid into land acquisition and development fund--Use for game production areas and public shooting areas.
Three dollars received from the sale of each nonresident small game license shall be placed in a fund to be known as the land acquisition and development fund. The moneys from this fund shall be used for the following purposes:
(1) To acquire by purchase or lease real property to be used primarily for game production. Such real property shall remain open for public hunting;
(2) To pay the salary and any necessary expenses of any employee of the Department of Game, Fish and Parks engaged in the acquisition of such real property;
(3) For improving and maintaining game production areas; and
(4) For the payment of taxes on public shooting areas.
Not more than twenty-five percent of the land acquisition and development fund, after the payment of taxes, may be used for the administration of the fund or for improving and maintaining game production areas.
Source: SDC 1939, § 25.0302 (3) as added by 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 1987, ch 300, § 1; SL 2009, ch 206, § 34.
41-4-4. Procedure for timber sales.
All timber sold from lands under the jurisdiction of the Department of Game, Fish and Parks shall be sold in the manner provided by §§ 41-4-5 to 41-4-7, inclusive.
Source: SL 1945, ch 90, § 8; SDC Supp 1960, § 25.1309 (3); redesignated § 25.1308 by SL 1966, ch 73, § 2.
41-4-5. Timber sales on sealed bids or at auction--Negotiated small sales.
The Department of Game, Fish and Parks, at its discretion, may sell timber valued in excess of three hundred dollars either by the filing of sealed bids or at public auction. Sales of timber valued at less than three hundred dollars may be made by negotiation and without the necessity of public notice.
Source: SDC Supp 1960, § 25.1308 as enacted by SL 1966, ch 73, § 2.
41-4-6. Publication of notice of timber sales--Contents.
The Department of Game, Fish and Parks shall publish notice of timber sales in three official newspapers in the county or vicinity in which the timber is located, once each week for at least two consecutive weeks before the sales date. The notice shall set forth the approximate boundaries of the timber sale, the estimated amount of timber to be sold, the time when bids may be filed with the department, and when such bids will be considered if sold on sealed bids, or, if the timber is to be sold by auction, the time and place where the public auction will be held.
Source: SDC Supp 1960, § 25.1308 as enacted by SL 1966, ch 73, § 2; SL 1972, ch 28, § 15; SL 2009, ch 206, § 35.
41-4-7. Minimum price of timber sales--Sale to highest bidder--Rejection of bids and readvertisement.
No sale may be made under §§ 41-4-4 to 41-4-6, inclusive, unless the sum offered is at least ninety percent of the appraised value of the timber as fixed by the state forester, and all sales shall be made to the highest responsible bidder. The Department of Game, Fish and Parks may reject any bids and readvertise the sale if no bid is satisfactory, or if the department believes any agreement has been entered into by the bidders to prevent competition.
Source: SDC Supp 1960, § 25.1308 as enacted by SL 1966, ch 73, § 2; SL 1984, ch 276, § 5; SL 2009, ch 206, § 36.
41-4-8. State-owned areas subject to taxation for county, township, and school purposes--Assessment and extension of levies.
All state-owned lands, known as public shooting areas, acquired under the provisions of §§ 41-2-19 to 41-2-21, inclusive, or which may hereafter be so acquired, and all state-owned game production lands or areas and controlled hunting areas, are subject to taxation by the local taxing districts within which the lands are severally located for county, township, and school purposes only.
The lands shall be assessed by the directors of equalization in the same manner as other lands are assessed for taxation. The assessments shall be equalized and the lands entered upon the tax lists for taxation in the same manner as other lands are equalized and entered, but in extending the levy of taxes against the lands, the taxing officer may extend only the levies made by the local taxing districts for county, township, and school purposes.
Source: SL 1949, ch 429; SL 1957, ch 100; SDC Supp 1960, § 25.0123; SL 1961, ch 115; SL 2009, ch 206, § 37.
41-4-9. Reimbursement of lessees of state-owned land condemned by United States.
If the United States of America condemns and takes by eminent domain any realty owned by the State of South Dakota that is held and administered by the Department of Game, Fish and Parks and if the department has given leases for the property to private parties before the condemnation and taking, the department may reimburse the private parties whose leasehold interest has been taken to fully compensate the private parties for the loss of their leasehold interest. The department may pay out of such funds paid by the United States of America such amounts to the private parties as are established by the appraised value of the leasehold interest by the United States of America, or any agency of the United States, and are agreed as acceptable by the private parties. Upon receipt of payment, the private parties shall give a release to the State of South Dakota, releasing the state from all further claims for payment for damages to the leasehold interests.
Source: SL 1959, ch 303; SDC Supp 1960, § 25.0106-3; SL 2009, ch 206, § 38.
41-4-10. Use of unused section-line roads for game production--Notice and cooperation by eastern political subdivisions.
The Department of Game, Fish and Parks may acquire by gift or lease, from willing landowners, the right to maintain unused, terminated, or abandoned section-line rights-of-way as game production areas. This section does not apply to section lines where roads have never been developed. No such interest acquired by the department may prevent a roadway from being reopened to public travel.
Every political subdivision of the state east of the Missouri River having highways or roadways under its jurisdiction may notify the Department of Game, Fish and Parks of any of its developed rights-of-way that are not being maintained as public highways or roads and shall cooperate with the department in acquiring and maintaining such rights-of-way for use as game production areas.
Source: SL 1977, ch 325; SL 2009, ch 206, § 39.
41-4-11. Supervision of certain islands in Missouri River--Purposes of use--Sand and gravel contracts.
Any island or accumulation of land formed in the bed of a navigable stream or meandered lake on the Missouri River below the Fort Randall Power Plant and Lake Francis Case, belonging to the state as provided by § 5-2-4, is under the supervision of the secretary of the Department of Game, Fish and Parks. The secretary shall administer such lands primarily for wildlife habitat or public recreation or both. In addition, the secretary may enter into contracts with persons desiring to take sand, silt, or gravel from such lands upon such terms and conditions and terms of payment to the State of South Dakota as the secretary may determine. No contract may give any person any exclusive privilege thereunder.
Source: SL 1981, ch 296, § 1; SL 1984, ch 273, § 42.
41-4-12. "Hunting guide" defined.
For purposes of this section and § 41-4-13, a hunting guide is a person who holds himself or herself out to the public as a hunting guide and, for compensation or remuneration, directs or provides services to any person for the purpose of hunting any wild animal.
Source: SL 1998, ch 259, § 2.
41-4-13. Hunting guide activities barred from certain state-owned or state-managed areas--Violations.
No person, acting as a hunting guide as defined in § 41-4-12, may guide any hunting activity on state-owned or managed game production areas, state parks, recreation areas, and lakeside use areas, federal land leased or under agreement to the state which is posted as a game production area and managed for wildlife purposes, or private land leased or under agreement to the department for the purpose of providing public access, or on highways or other public rights-of-way within this state that otherwise meet the requirements of § 41-9-1.3, except that a hunting guide or employees of a hunting guide may guide a hunting activity on the road right-of-way immediately adjacent to property owned or leased by the hunting guide. A violation of this section is a Class 1 misdemeanor.
Source: SL 1998, ch 259, § 1.
41-5-1
Repealed.
41-5-1.1
Repealed.
41-5-2
Repealed.
41-5-3, 41-5-4. Repealed.
41-5-5 to 41-5-9. Repealed.
CHAPTER 41-6
GAME AND FISH LICENSES AND PERMITS
41-6-1 Exempt persons--Conditions and rules.
41-6-2 License not required to hunt certain animals or fish on owned or leased land during open season.
41-6-3 License not required to hunt fur-bearing animals on own land during open season.
41-6-4 Fur-bearing license not required--Resident under eighteen.
41-6-5 License not required to kill raccoons, skunks, fox, and badger doing damage.
41-6-6 Fishing license not required--Individuals under eighteen.
41-6-7 Entry of unlicensed person onto boundary waters from South Dakota for hunting or fishing as misdemeanor.
41-6-8 Nonresident without license--Hunting or fishing on boundary waters--Carrying game into South Dakota--Violation as misdemeanor--Exception.
41-6-9 41-6-9. Repealed by SL 1977, ch 190, § 550
41-6-10 Licenses, stamps, and permits enumerated--Fees set by commission.
41-6-10.1 Combination licenses--Issuance.
41-6-10.2 Certain disabled residents and residents held as prisoners of war eligible for reduced license fees.
41-6-11 41-6-11. Repealed by SL 1998, ch 252, § 8
41-6-12 Resident and nonresident licenses and preference points--Minimum age.
41-6-13 Hunting license for minor less than sixteen--Restrictions and requirements--Violation as misdemeanor.
41-6-14 Safety instruction required for licensing of child under sixteen--Fee waived.
41-6-15 41-6-15. Repealed by SL 2000, ch 205, § 5
41-6-15.1 41-6-15.1. Repealed by SL 1990, ch 332, § 11
41-6-16 Resident licenses, permits, and stamps for hunting of small game, migratory birds, and migratory waterfowl--Violation as misdemeanor.
41-6-16.1 41-6-16.1. Repealed by SL 2013, ch 209, § 1.
41-6-16.2 License not required of resident on active duty in U.S. armed forces--Exception for migratory bird hunting.
41-6-17 Nonresident licenses and permits for hunting of small game and migratory birds--Privileges--Violation as misdemeanor.
41-6-18 41-6-18. Repealed by SL 1981, ch 295, § 2
41-6-18.1 Nonresident waterfowl license, migratory bird permit, and federal stamp required--Violation as misdemeanor--Number of licenses.
41-6-18.2 Limitation of number of nonresident waterfowl licenses--Lottery selection.
41-6-18.3 41-6-18.3. Repealed by SL 1978, ch 298, § 4
41-6-18.4 Temporary nonresident waterfowl licenses--Promulgation of rules--Number of licenses--Disposition of revenue.
41-6-19 Resident big game license--Privileges and fee--Violation as misdemeanor.
41-6-19.1 Resident elk license--Privileges and fee--Violation as misdemeanor.
41-6-19.2 41-6-19.2. Repealed by SL 1991, ch 337, § 14
41-6-19.3 Resident landowner--Limited deer or antelope license--Promulgation of rules.
41-6-19.4 Nonresident landowner--Limited deer or antelope license--Promulgation of rules.
41-6-19.5 Conditions applicable to limited deer permit and antlerless deer licenses--Eligibility for subsequent season.
41-6-19.6 Nonrefundable application fee for resident bighorn sheep, mountain goat, or elk license--Drawing--Use of proceeds--Rules.
41-6-19.7 License issued to national guard member called to active duty.
41-6-19.8 Antlerless deer licenses--Restrictions--Residents and nonresidents.
41-6-19.9 Landowner-on-own-land license--Antlerless elk--Promulgation of rules.
41-6-20 Nonresident big game license--Privileges--Violation as misdemeanor.
41-6-21 Limiting number of big game licenses--Preferences in eligibility--Application by ineligible person as misdemeanor.
41-6-22 Big game transportation permit--Issuance and use in transporting game--Violation as misdemeanor.
41-6-23 Fur-bearing animal hunting and trapping license--Privileges--Activities for which license not required--Violation as misdemeanor.
41-6-23.1 Reciprocal nonresident license to take fur-bearing animals.
41-6-24 41-6-24. Repealed by SL 2007, ch 240, § 3.
41-6-25 Fur dealer's license--Privileges--License valid for one year--Violation as misdemeanor.
41-6-26 Revocation of fur dealer's license--New license prohibited for two years.
41-6-27 Resident wild turkey license--Privileges--Violation as misdemeanor.
41-6-28 Nonresident wild turkey license--Privileges--Violation as misdemeanor.
41-6-29 Permit to kill animal or bird doing damage--Animal or bird as property of state--Disposition--Violation a misdemeanor.
41-6-29.1 Issuance of depredation permits--Application procedures--Fee--Limit on permits--Violation as misdemeanor.
41-6-29.2 Killing of mountain lion permitted under certain circumstances--Notification of conservation officer.
41-6-30 Nonresident predator/varmint license--Privileges--When license not required--Violation as misdemeanor.
41-6-31 Breeding and domesticating license--Privileges granted--Annual report to secretary--Sale and shipment of animals or birds--Violation as misdemeanor.
41-6-31.1 Upland game birds raised in captivity and derived products deemed agricultural products.
41-6-32 Scientific collector's license--Privileges--Approval.
41-6-33 Taxidermist's license--Privileges--Records--Inspections--Violation as misdemeanor.
41-6-34 41-6-34. Repealed by SL 1991, ch 337, § 27
41-6-35 Resident fishing license--Privileges--Exemption from fee.
41-6-36 Nonresident fishing license--Privileges.
41-6-37 Temporary fishing license--Privileges.
41-6-37.1 Repealed
41-6-37.2 Nursing facility group fishing license--Fees and regulations set by commission--Resident defined.
41-6-38 Hoop net, trap, or setline license--Privileges and fees--Tagging of devices used--Violation as misdemeanor.
41-6-39 Private fish hatchery license--Privileges granted--Violation as misdemeanor.
41-6-40 Fishing allowed to purchaser from private fish hatchery--Removal of fish caught.
41-6-41 Fishing license not required to fish in private hatchery.
41-6-42 41-6-42. Repealed by SL 2015, ch 210, § 2.
41-6-43 Records and reports required of private fish hatchery.
41-6-44 Resident wholesale bait dealer license--Privileges granted--Rules--Violation as misdemeanor.
41-6-44.1 Nonresident wholesale bait dealer license--Privileges granted--Rules--Violation as misdemeanor.
41-6-45 Retail bait dealer licenses for residents and nonresidents--Privileges granted--Sale to dealers prohibited--Rules--License not required for residents under 16--Violation as misdemeanor.
41-6-45.1 Export bait dealer license--Privileges granted--Rules--Violation as misdemeanor.
41-6-46 41-6-46. Repealed by SL 1988, ch 334, § 6
41-6-47 41-6-47, 41-6-48. Repealed by SL 1988, ch 334, §§ 7, 8
41-6-49 41-6-49 to 41-6-51. Repealed by SL 1979, ch 280, §§ 1 to 3
41-6-52 Application for resident license by nonresidents prohibited--Violation as misdemeanor.
41-6-53 Nonresident or visitor's license--Eligibility.
41-6-54 41-6-54. Repealed by SL 1970, ch 236, § 1
41-6-55 One license of any type to one person--Exceptions--Sale of additional license of same type--License types.
41-6-56 41-6-56, 41-6-57. Repealed by SL 1999, ch 210, §§ 2, 3
41-6-58 41-6-58. Repealed by SL 1984, ch 273, § 66
41-6-59 Repealed.
41-6-59.1 Regulation of fee remittance by agents to county treasurers.
41-6-60 Big game transportation permits issued by conservation officers.
41-6-61 Licenses to be issued by secretary--Discretionary licenses.
41-6-62 Form and content of applications--Oath of applicant.
41-6-63 Exhibition of license on request--Violation as misdemeanor.
41-6-64 41-6-64. Repealed by SL 1984, ch 273, § 69
41-6-65 41-6-65. Repealed by SL 1999, ch 210, § 7
41-6-66 Commission or department to direct form of licenses.
41-6-66.1 Maximum amounts for issuing license--Violation as misdemeanor.
41-6-66.2 41-6-66.2. Repealed by SL 2005, ch 224, § 2, eff. July 1, 2008.
41-6-67 41-6-67. Repealed by SL 1999, ch 210, § 9
41-6-68 Repealed.
41-6-69 Repealed by SL 2012, ch 201, § 2.
41-6-70 41-6-70. Repealed by SL 1999, ch 210, § 13
41-6-70.1 License fees--Portion for designated purposes.
41-6-71 License not transferable--Violation as misdemeanor.
41-6-72 Expiration of licenses.
41-6-73 Unauthorized application for, or procurement or possession of, license or preference point--Misdemeanor.
41-6-74 41-6-74. Repealed by SL 1997, ch 234, § 1
41-6-74.1 Revocation of hunting, fishing, or trapping privilege for conviction of certain offenses.
41-6-74.2 Revocation of hunting, fishing, or trapping privilege for conviction of taking or possessing in excess of limit.
41-6-74.3 Revocation to be noted on face of license--Violation as misdemeanor.
41-6-75 Penalty for hunting, fishing or trapping while under license revocation.
41-6-75.1 Revocation, suspension of nonresident license precludes licensing in this state--Violation.
41-6-75.2 Hunting, trapping, fishing or applying for license, permit or preference point while privileges suspended--Misdemeanor.
41-6-76 Resident license required to catch, kill, or possess fish, frogs, or turtles--Violation as misdemeanor.
41-6-77 Nonresident license required to catch, kill or possess fish, frogs, or turtles--Violation as misdemeanor.
41-6-78 Training of dogs on wild game birds restricted--Rules--Violation as misdemeanor.
41-6-79 41-6-79. Repealed by SL 1999, ch 213, § 2
41-6-80 Predator/varmint license required to hunt, take, or kill certain animals--Exceptions--Violation as misdemeanor.
41-6-81 Hunter mentoring program--Application for mentoring nonresidents--Requirements--Promulgation of rules.
41-6-82 Forfeiture of preference points for killing or possessing trophy animals.
41-6-83 Restriction on hunting wolves.
41-6-84 Special license to hunt game animals--Proceeds used for habitat programs.
41-6-85 Habitat stamp--Fee--Requirements--Promulgation of rules--Violation as misdemeanor.
41-6-86 Habitat stamp revenue--Use and purpose--Annual report.
41-6-1. 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.
41-7-1
Requirements for issuance of hunting license to child under sixteen--Violation as
misdemeanor.
41-7-2
Department to provide for course of instruction.
41-7-3 to 41-7-7. Repealed.
41-7-1. Requirements for issuance of hunting license to child under sixteen--Violation as misdemeanor.
Notwithstanding § 41-6-13, no hunting license may be issued to any person under the age of sixteen years unless the applicant presents to the person authorized to issue such license a certificate of successful completion as provided in rules promulgated by the Game, Fish and Parks Commission, pursuant to chapter 1-26, an appropriate certificate of successful completion of a hunter safety or hunter education course from another state or province of Canada, or a hunting license issued to the applicant in the current or previous year. A violation of this section is a Class 2 misdemeanor.
Source: SL 1955, ch 80, § 1; SDC Supp 1960, § 25.0306-1; SL 1986, ch 344, § 2; SL 1992, ch 293, § 11; SL 1997, ch 236, § 1.
41-7-2. Department to provide for course of instruction.
The Game, Fish and Parks Commission shall provide by rules promulgated pursuant to chapter 1-26 for a course of instruction and training in the safe handling of firearms and other hunting implements, provide for compensation to instructors, issuance of a certificate of successful completion, and recognition of successful completion of a hunter safety or hunter education course in other jurisdictions.
Source: SL 1955, ch 80, § 2; SL 1959, ch 124; SDC Supp 1960, § 25.0306-1; SL 1997, ch 236, § 2.
CHAPTER 41-8
HUNTING AND TRAPPING SEASONS AND METHODS
41-8-1 41-8-1. Repealed by SL 2006, ch 4, § 1.
41-8-2 Hunting or possession of big game prohibited except as expressly provided--Violation.
41-8-2.1 41-8-2.1. Repealed by SL 1999, ch 209, § 1
41-8-3 41-8-3. Repealed by SL 1984, ch 273, § 72
41-8-4 41-8-4. Repealed by SL 1983, ch 299, § 2
41-8-5 Repealed by SL 2012, ch 201, § 3.
41-8-6 License required to hunt big game--Violation.
41-8-7 Each violation of big game hunting restrictions as separate offense.
41-8-8 41-8-8. Repealed by SL 1979, ch 283, § 1
41-8-9 41-8-9. Repealed by SL 1993, ch 314, § 1
41-8-9.1 41-8-9.1. Repealed by SL 1979, ch 283, § 3
41-8-10 Minimum caliber of muzzle loading big game ammunition--Violation as misdemeanor.
41-8-11 Maximum number of cartridges in self-loading firearm used to hunt big game--Violation as misdemeanor.
41-8-12 Automatic weapon prohibited in hunting game--Violation as misdemeanor.
41-8-13 Buckshot prohibited in hunting big game--Minimum weight of slug--Violation as misdemeanor.
41-8-14 41-8-14. Repealed by SL 1984, ch 273, § 73
41-8-15 Dogs prohibited in hunting big game--Exceptions--Violation.
41-8-16 Use of salt to attract big game prohibited.
41-8-17 Night-vision equipment and artificial light in hunting--Prohibitions--Exceptions--Violation as misdemeanor.
41-8-17.1 Spotlighting and artificial lighting--Prohibitions--Exceptions--Violation as misdemeanor.
41-8-18 Big game hunting violation as misdemeanor--Additional penalty on conviction for hunting or taking big game during nighttime, closed season, or without license.
41-8-18.1 41-8-18.1. Repealed by SL 1991, ch 337, § 49
41-8-19 Trapping of fur-bearing animals prohibited--Exceptions--Violation as misdemeanor.
41-8-20 Open seasons on fur-bearing animals.
41-8-21 Possession of raw furs after close of season--Furs checked with conservation officer--Violation as misdemeanor.
41-8-22 41-8-22. Repealed by SL 2007, ch 240, § 4.
41-8-23 Killing of mink, muskrats, and beavers causing damage.
41-8-24 Prohibited methods of hunting mink, muskrats and beavers--Violation as misdemeanor.
41-8-24.1 Shooting of muskrats under certain conditions.
41-8-25 Maximum number of traps--Disturbance of muskrat houses--Violation as misdemeanor.
41-8-26 Counties in which muskrat restrictions not applicable.
41-8-27 41-8-27. Repealed by SL 1984, ch 273, § 75
41-8-28 Trap robbing or injury as misdemeanor.
41-8-29 Cancellation of trapping license on conviction--New license prohibited for two years.
41-8-30 41-8-30. Repealed by SL 1984, ch 273, § 76
41-8-31 Hunting methods restricted--Violation as misdemeanor.
41-8-31.1 Use of crossbow for hunting big game during firearm season.
41-8-32 41-8-32. Repealed by SL 1993, ch 314, § 2
41-8-32.1 41-8-32.1. Repealed by SL 2019, ch 186, § 1.
41-8-33 41-8-33. Repealed by SL 2000, ch 209, § 4
41-8-34 41-8-34. Repealed by SL 1982, ch 289, § 2
41-8-35 Floating batteries, sink boxes, and similar devices prohibited--Violation as misdemeanor.
41-8-36 Use of motorboats in hunting prohibited--Exceptions--Violation as misdemeanor.
41-8-37 Hunting from motor vehicle prohibited--Exceptions--Promulgation of rules--Misdemeanor.
41-8-37.1 41-8-37.1. Repealed by SL 2015, ch 210, § 3.
41-8-38 41-8-38. Repealed by omission from SL 1969, ch 100
41-8-39 Use of aircraft in hunting prohibited--Exception--Violation as misdemeanor.
41-8-39.1 Aerial hunting of coyotes and fox by occupier of land where loss of animals threatened--Hunting on neighbor's land--Consent or authorization--Contract.
41-8-39.2 Contracts with aerial hunters of foxes and coyotes.
41-8-40 Hunting on boundary waters in violation of laws of adjoining state as misdemeanor--Agreements for reciprocal recognition of licenses and enforcement.
41-8-41 Hunting with firearms--Exterior garment--Fluorescent orange or pink--Penalty.
41-8-42 Prairie dog shooting season open year-round.
41-8-43 Limit of small game taken by hunting party--Exceptions.
41-8-2. Hunting or possession of big game prohibited except as expressly provided--Violation.
Except as otherwise expressly provided, no person may pursue, hunt, take, possess, shoot at, kill, wound, or capture any big game animal within the limits of this state at any time. A violation of this section is subject to § 41-8-18.
Source: SDC 1939, § 25.0701; SL 1941, ch 119; SL 1949, ch 98; SL 1953, ch 111; SL 1959, ch 121; SL 1967, ch 89, § 1; SL 1977, ch 190, § 555; SL 1980, ch 285, § 1; SL 1991, ch 337, § 38.
41-8-5. Repealed by SL 2012, ch 201, § 3.
41-8-6. License required to hunt big game--Violation.
No person may pursue, hunt, take, or kill any big game animal at any time, except persons to whom a big game license has been issued. A violation of this section is subject to § 41-8-18.
Source: SDC 1939, § 25.0702; SL 1943, ch 96; SL 1967, ch 89, § 2; SL 1977, ch 190, § 557; SL 1991, ch 337, § 39.
41-8-7. Each violation of big game hunting restrictions as separate offense.
Each act of pursuing, hunting, or killing any big game animal without a license is a distinct and separate offense; and every act of pursuing, hunting, or killing of any big game animal during the closed season is a distinct and separate offense.
Source: SDC 1939, § 25.0706; SL 1967, ch 89, § 5; SL 2009, ch 206, § 52.
41-8-10. Minimum caliber of muzzle loading big game ammunition--Violation as misdemeanor.
No person may hunt, shoot, shoot at, wound, kill, or pursue any big game animal with any muzzle loading rifle which discharges a projectile the diameter of which projectile is less than forty-four hundredths of an inch. A violation of this section is a Class 2 misdemeanor.
Source: SDC 1939, § 25.0708 as added by SL 1953, ch 112; SL 1977, ch 190, § 560; SL 1979, ch 283, § 4; SL 1991, ch 337, § 41.
41-8-11. Maximum number of cartridges in self-loading firearm used to hunt big game--Violation as misdemeanor.
No self-loading or auto-loading firearm that holds more than six cartridges may be used to hunt, pursue, shoot at, shoot, kill, or wound any of the big game animals of this state. A violation of this section is a Class 2 misdemeanor.
Source: SDC 1939, § 25.0708 as enacted by SL 1945, ch 100; SL 1949, ch 99; SL 1953, ch 112; SL 1991, ch 337, § 42.
41-8-12. Automatic weapon prohibited in hunting game--Violation as misdemeanor.
No firearm that is capable of being operated as a full automatic may be used to hunt, shoot, shoot at, wound, kill, or pursue any of the big game or small game animals of this state. A violation of this section is a Class 2 misdemeanor.
Source: SDC 1939, § 25.0708 as enacted by SL 1945, ch 100; SL 1949, ch 99; SL 1953, ch 112; SL 1991, ch 337, § 43; SL 1993, ch 314, § 3.
41-8-13. Buckshot prohibited in hunting big game--Minimum weight of slug--Violation as misdemeanor.
No buckshot may be used, and no single ball or rifled slug weighing less than one-half ounce may be used in hunting big game animals. A violation of this section is a Class 2 misdemeanor.
Source: SDC 1939, § 25.0708 as enacted by SL 1945, ch 100; SL 1949, ch 99; SL 1953, ch 112; SL 1991, ch 337, § 44.
41-8-15. Dogs prohibited in hunting big game--Exceptions--Violation.
No dog may be used in hunting big game animals except as follows:
(1) A dog may be used in the hunting of mountain lions during established hunting seasons in the manner and under such conditions as provided by rules promulgated by the Game, Fish and Parks Commission pursuant to chapter 1-26; and
(2) A dog that is leashed and under the control of a handler may be used to track and retrieve any big game animal that is wounded or presumed dead, if the handler complies with the conditions and restrictions prescribed in this chapter and the rules promulgated pursuant to this chapter.
A violation of this section is subject to § 41-8-18.
Source: SDC 1939, § 25.0702; SL 1943, ch 96; SL 1967, ch 89, § 2; SL 1991, ch 337, § 45; SL 2003, ch 220, § 2; SL 2013, ch 211, § 1.
41-8-16. Use of salt to attract big game prohibited.
No person may place any salt or salt lick or construct, occupy, or use any screen, blind, or scaffold, or other device at or near any salt or salt lick for the purpose of enticing or baiting big game animals to the same for the purpose of hunting, watching for, or killing of big game. A violation of this section is a Class 2 misdemeanor.
Source: SDC 1939, § 25.0702; SL 1943, ch 96; SL 1967, ch 89, § 2; SL 1991, ch 337, § 46.
41-8-17. Night-vision equipment and artificial light in hunting--Prohibitions--Exceptions--Violation as misdemeanor.
Between sunset and sunrise, no person may use or possess night-vision equipment or throw or cast the rays of a spotlight, motor vehicle headlight, or other artificial light onto a highway, or into any field, pasture, woodland, forest, or prairie, for the purpose of spotting, locating, taking, attempting to take, or hunting any animal, if the person is in possession or control of a firearm, bow, or other implement by which an animal could be killed. The prohibitions set forth in this section do not apply to a law enforcement officer in the performance of the officer's duties.
Notwithstanding the prohibitions set forth in this section:
(1) A person may use a handheld light, while the person is on foot, to:
(a) Take raccoons after the raccoons have been treed by dogs; or
(b) Engage in trapping activity and take trapped fur-bearing animals;
(2) From January first to August thirty-first, inclusive, a person may use night vision equipment, but not artificial light, to take jackrabbits, coyotes, beaver during its hunting season, foxes, raccoons, opossums, badgers, skunks, and rodents, provided the person is on public land and uses:
(a) A shotgun and shotshells; or
(b) A firearm and a cartridge having a bullet diameter of less than .225 inches;
(3) From January first to August thirty-first, a person may use night vision equipment, but not artificial light, to take jackrabbits, coyotes, beaver during its hunting season, foxes, raccoons, opossums, badgers, skunks, and rodents, provided the person is on private land that is under lease to the Department of Game, Fish and Parks for the purpose of providing public access, has the permission of the landowner, and uses:
(a) A shotgun and shot shells; or
(b) A firearm and a cartridge having a bullet diameter of less than .225 inches;
(4) A person may use night vision equipment and artificial light to take jackrabbits, coyotes, beaver during its hunting season, foxes, raccoons, opossums, badgers, skunks, and rodents, provided the person is on private land, and uses:
(a) A shotgun and shot shells; or
(b) A firearm and a cartridge having a bullet diameter of less than .225 inches;
and
(5) An employee of the Department of Game, Fish and Parks may, while performing animal damage control, use night-vision equipment and artificial lights, provided the employee obtains permission from the person owning or occupying the land prior to taking an animal that is causing damage.
For purposes of this section, artificial light, means a man-made light or lighting device that projects lumination for an unaided eye.
For purposes of this section, night-vision equipment, means an electronic or battery-powered device that enhances a person's ability to see in the dark.
A violation of this section is a Class 2 misdemeanor.
Source: SDC 1939, § 25.0702 as added by SL 1943, ch 96; SL 1967, ch 89, § 2; SL 1977, ch 190, § 561; SL 1982, ch 289, § 1; SL 1985, ch 327; SL 1991, ch 337, § 47; SL 1991, ch 341; SL 2000, ch 208, § 1; SL 2014, ch 201, § 1; SL 2016, ch 209, § 1; SL 2018, ch 253, § 1; SL 2020, ch 186, § 1; SL 2022, ch 157, § 1.
41-8-17.1. Spotlighting and artificial lighting--Prohibitions--Exceptions--Violation as misdemeanor.
Except as otherwise provided in § 41-8-17, between 10 p.m. and sunrise, from September first to January thirty-first, inclusive, no person may cast the rays of a spotlight, or any artificial light other than a motor vehicle headlight, into any field, pasture, woodland, forest, or prairie, for the purpose of spotting or locating any wild animal.
Notwithstanding the prohibitions of this section:
(1) A person owning or occupying land and up to two guests may use night-vision equipment, a spotlight, or other artificial light, on the person's land; and
(2) An employee of the Department of Game, Fish and Parks may, while performing the person's duty, use night vision equipment and artificial lights.
For purposes of this section, "artificial light" means a man-made light or lighting device that projects lumination for an unaided eye.
For purposes of this section, "night-vision equipment" means an electronic or battery-powered device that enhances a person's ability to see in the dark.
A violation of this section is a Class 2 misdemeanor.
Source: SL 2003, ch 223, § 1; SL 2005, ch 225, § 1; SL 2020, ch 186, § 2.
41-8-18. Big game hunting violation as misdemeanor--Additional penalty on conviction for hunting or taking big game during nighttime, closed season, or without license.
A violation of § 41-8-2, 41-8-6, or 41-8-15 is a Class 1 misdemeanor for each prohibited act or each big game animal or any part thereof, taken, caught, killed, sold, offered, or exposed for sale, in possession or in possession with intent to sell, shipped by common carrier, or transported to any point inside or outside the state in violation of law. Upon conviction of any person for hunting or taking big game, except wild turkey, during the nighttime, during a closed season or without a license, the court shall impose a fine of not less than two hundred fifty dollars for each animal involved and that person shall have his or her hunting privileges revoked pursuant to §§ 41-6-74.1 and 41-6-74.2. A second or subsequent conviction of any person for hunting or taking big game, except wild turkey, during the nighttime, during a closed season, or without a license is a Class 6 felony. In addition, the court shall revoke that person's hunting privileges for a period of five years.
Source: SDC 1939, § 25.9906; SL 1970, ch 20, § 1 (3); SL 1976, ch 260; SL 1977, ch 190, § 562; SL 1978, ch 158, § 68; SL 1980, ch 285, § 2; SL 1982, ch 289, § 3; SL 1991, ch 337, § 48; SL 2000, ch 208, § 2; SL 2007, ch 242, § 1.
41-8-19. Trapping of fur-bearing animals prohibited--Exceptions--Violation as misdemeanor.
Except as authorized by chapter 41-6 and this chapter, no person may set or operate any trap, hunt, catch, take, trap, or kill any fur-bearing animal. A violation of this section is a Class 2 misdemeanor.
Source: SDC 1939, § 25.0801; SL 1941, ch 121; SL 1947, ch 113; SL 1951, ch 125; SL 1955, ch 86; SL 1959, ch 122; SL 1959, ch 123; SL 1961, ch 122; SL 1976, ch 261, § 2; SL 1991, ch 337, § 50; SL 2012, ch 203, § 1.
41-8-20. Open seasons on fur-bearing animals.
Fur-bearing animals may be hunted, caught, taken, trapped, or killed by the holder of the license provided by § 41-6-23, or by a person specifically exempted from obtaining a license during seasons prescribed by the Game, Fish and Parks Commission. The commission may set the extent of the seasons by rules to that effect adopted pursuant to § 41-2-18. However, the season on fox and coyote shall be open the year around west of the Missouri River and open the year around on coyote only east of the Missouri River.
Source: SDC 1939, § 25.0801; SL 1941, ch 121; SL 1947, ch 113; SL 1951, ch 125; SL 1955, ch 86; SL 1959, ch 122; SL 1959, ch 123; SL 1961, ch 122; SL 1973, ch 264, § 3; SL 1976, ch 261, § 3; SL 1979, ch 277, § 1; SL 1984, ch 273, § 74.
41-8-21. Possession of raw furs after close of season--Furs checked with conservation officer--Violation as misdemeanor.
The raw furs of animals hunted, caught, taken, trapped, or killed pursuant to § 41-8-20 may be had in possession after the close of any season prescribed by § 41-8-20 if they have been checked with a conservation officer within ten days after the close of the season. A violation of this section is a Class 2 misdemeanor.
Source: SDC 1939, § 25.0801; SL 1941, ch 121; SL 1947, ch 113; SL 1951, ch 125; SL 1955, ch 86; SL 1959, ch 122; SL 1959, ch 123; SL 1961, ch 122; SL 1991, ch 337, § 51.
41-8-23. Killing of mink, muskrats, and beavers causing damage.
Mink may be killed at any time if doing damage around buildings but all such mink killed are the property of the state, if taken during the closed season. If muskrat or beaver are injuring irrigation ditches, dams, embankments, or public highways, or causing any other damage to property, the secretary of game, fish and parks may issue a permit to trap or kill such animals at any time. The Game, Fish and Parks Commission may authorize the killing or trapping of beaver upon public lands and game preserves at any time the commission deems necessary.
Source: SDC 1939, § 25.0801; SL 1941, ch 121; SL 1947, ch 113; SL 1951, ch 125; SL 1955, ch 86; SL 1959, ch 122; SL 1959, ch 123; SL 1961, ch 122; SL 2009, ch 206, § 53.
41-8-24. Prohibited methods of hunting mink, muskrats and beavers--Violation as misdemeanor.
No person may hunt any mink or muskrat with the aid of any dog, or dig, disturb, or molest any mink den or beaver house for the purpose of capturing any of these animals. No person may use poison, gas, or smokers of any kind to kill, take, or capture mink, muskrats, or beavers. No person may shoot or spear muskrats at any time except under permit as provided in § 41-8-23 or except as provided in § 41-8-24.1. Any violation of this section is a Class 2 misdemeanor.
Source: SDC 1939, § 25.0801; SL 1941, ch 121; SL 1947, ch 113; SL 1951, ch 125; SL 1955, ch 86; SL 1959, ch 122; SL 1959, ch 123; SL 1961, ch 122; SL 1977, ch 190, § 565; SL 2009, ch 206, § 54; SL 2012, ch 203, § 2.
41-8-24.1. Shooting of muskrats under certain conditions.
Muskrats may be hunted by shooting with rimfire cartridges of .22 caliber or smaller, muzzleloaders of .45 caliber or smaller, shotguns, or legal archery equipment. The Game, Fish and Parks Commission shall promulgate rules pursuant to chapter 1-26 to specify hunting seasons, hunting units, licensing requirements, and other restrictions or requirements for the hunting or taking of muskrats necessary for the proper management of wildlife.
Source: SL 2012, ch 203, § 3.
41-8-25. Maximum number of traps--Disturbance of muskrat houses--Violation as misdemeanor.
No person may molest, injure, or destroy any muskrat house, except in the open season for the taking, catching, or killing of muskrats. However, muskrat houses may, for the purpose of placing traps therein, be opened in such manner as will not destroy, damage, or injure them as a place of habitation for muskrats. A violation of this section is a Class 2 misdemeanor.
Source: SDC 1939, § 25.0801; SL 1941, ch 121; SL 1947, ch 113; SL 1951, ch 125; SL 1955, ch 86; SL 1959, ch 122; SL 1959, ch 123; SL 1961, ch 122; SL 1982, ch 290; SL 1991, ch 337, § 52.
41-8-26. Counties in which muskrat restrictions not applicable.
The provisions of §§ 41-8-24 and 41-8-25 that refer to muskrats do not apply to the counties of Haakon, Jackson, Jones, Lyman, and Stanley.
Source: SDC 1939, § 25.0801 as added by SL 1959, ch 123; SL 1961, ch 122; SL 1977, ch 331; SL 1982, ch 284, § 2.
41-8-28. Trap robbing or injury as misdemeanor.
Any person who steals, damages or destroys a trap of another employed in the manner defined in subdivision 41-1-1(25), or who steals, damages, or destroys animals, animal carcasses, or the pelts thereof, held fast by such traps, is guilty of a Class 1 misdemeanor. A violation of this section is also subject to § 41-8-29.
Source: SL 1964, ch 83, § 1; SL 1977, ch 190, § 566; SL 1983, ch 300; SL 1991, ch 337, § 53; SL 2000, ch 209, § 1.
41-8-29. Cancellation of trapping license on conviction--New license prohibited for two years.
Any person who is found guilty as specified in § 41-8-28 who holds a South Dakota trapping license shall upon conviction deliver the license to the judge pronouncing sentence. The judge shall forward the license to the Department of Game, Fish and Parks. The department shall cancel the license, and no trapping license may thereafter be issued to the guilty person for a period of two years from the date of the conviction.
Source: SL 1964, ch 83, § 2; SL 2009, ch 206, § 55.
41-8-31. Hunting methods restricted--Violation as misdemeanor.
No person may at any time hunt, catch, take, attempt to take, or kill any small game or game animal in any other manner than by shooting the same with a firearm, except:
(1) Game birds and animals may be taken with birds trained in falconry or with bow and arrow;
(1A) Cottontail rabbit, red squirrel, fox squirrel, grey squirrel, and any species defined as a predator/varmint in § 41-1-1 may be taken with an air gun that complies with specifications established by rules promulgated by the Game, Fish and Parks Commission pursuant to chapter 1-26;
(2) A person with a permanent or temporary disability who is missing an upper limb, physically incapable of using an upper limb, or confined to a wheelchair may obtain a disabled hunter permit to use a crossbow or other legal bow equipped with a draw-lock device to take game birds and animals;
(3) A person who is legally blind, is legally licensed, possesses a disabled hunter permit, and is physically present and participates in the hunt but cannot safely discharge a firearm or bow and arrow, may claim game birds and animals taken by a designated hunter in accordance with the license possessed by the hunter who is legally blind;
(3A) A person who is quadriplegic, is legally licensed, possesses a disabled hunter permit, and is physically present and participates in the hunt but cannot safely discharge a firearm or bow and arrow, may claim game birds and animals taken by a designated hunter in accordance with the license possessed by the hunter who is quadriplegic; and
(4) A person with a permanent or temporary disability as defined in subdivision (2) of this section who is legally licensed for a youth big game hunting season, possesses a disabled hunter permit, and is physically present and participates in the hunt but is unable to safely discharge a firearm or bow and arrow, may claim any big game animal taken by a designated hunter in accordance with the youth big game license possessed by the person with a permanent or temporary disability.
A violation of this section is a Class 2 misdemeanor.
Source: SDC 1939, § 25.0412; SL 1941, ch 109; SL 1943, ch 94; SL 1947, ch 111; SL 1953, ch 105; SL 1957, ch 105; SL 1959, ch 116; SL 1963, ch 138; SL 1969, ch 100; SL 1979, ch 283, § 5; SL 1984, ch 274; SL 1986, ch 353; SL 1991, ch 337, § 54; SL 2007, ch 243, § 1; SL 2008, ch 218, § 1; SL 2009, ch 210, § 1; SL 2010, ch 210, § 1; SL 2011, ch 192, § 1.
41-8-31.1. Use of crossbow for hunting big game during firearm season.
The provisions of § 41-8-31 notwithstanding, any person who holds a big game license to take a big game animal during the firearm season may take the animal by using a crossbow in lieu of a firearm. As used in this section, the term, crossbow, means a device for propelling a bolt by means of traverse limbs mounted on a stock and a string. The crossbow may be drawn, held, and released by a mechanical device and shall have at least one hundred twenty-five pounds pull and have a working mechanical safety.
Source: SL 2014, ch 202, § 1.
41-8-35. Floating batteries, sink boxes, and similar devices prohibited--Violation as misdemeanor.
No person may make use of, hunt or shoot from, any floating battery, sink box, or any similar device on any of the waters of this state. A violation of this section is a Class 2 misdemeanor.
Source: SDC 1939, § 25.0414; SL 1967, ch 85, § 5; SL 1969, ch 100; SL 1991, ch 337, § 58.
41-8-36. Use of motorboats in hunting prohibited--Exceptions--Violation as misdemeanor.
No person may make use of, hunt, or shoot from any boat propelled except with oars or paddles, except when a boat or other craft with motor attached is beached, resting at anchor, or fastened within or tied immediately alongside of any type of fixed hunting blind or natural cover, or is used solely as a means of picking up dead or injured birds. A violation of this section is a Class 2 misdemeanor.
Source: SDC 1939, § 25.0414; SL 1967, ch 85, § 5; SL 1969, ch 100; SL 1991, ch 337, § 59.
41-8-37. Hunting from motor vehicle prohibited--Exceptions--Promulgation of rules--Misdemeanor.
No person, who is in or on a motor vehicle, may discharge a firearm or bow and arrow at any wild animals except coyotes, jackrabbits, rodents, skunks, badgers, raccoons, and foxes.
Licensed hunters who are paraplegics or otherwise physically unable to walk with or without crutches, braces, or other mechanical support or who are otherwise considered to be limited or impaired in their ability to walk, and who have been issued a disabled hunter permit by the department, may shoot in fields, woods, or from public roads from a stationary motor vehicle while hunting game animals or game birds in accordance with the conditions of the permit and rules promulgated by the Game, Fish and Parks Commission. The commission shall promulgate rules pursuant to chapter 1-26 to establish the definition of disabled hunter; the eligibility criteria, application, and approval procedures for issuance of a disabled hunter permit; the duration of a permit; and the extent of the permitted shooting activities.
A violation of this section is a Class 2 misdemeanor.
Source: SDC 1939, § 25.0412 as added by SL 1941, ch 109; SL 1943, ch 94; SL 1947, ch 111; SL 1953, ch 105; SL 1969, ch 100; SL 1974, ch 277; SL 1977, ch 190, § 567; SL 1991, ch 337, § 60; SL 1998, ch 260, § 1; SL 2003, ch 224, § 1.
41-8-39. Use of aircraft in hunting prohibited--Exception--Violation as misdemeanor.
It is a Class 1 misdemeanor for any person to:
(1) Kill or attempt to kill any wild bird or animal from an aircraft, except as otherwise provided for in § 41-8-39.1; or
(2) Use an aircraft for the purpose of hunting, taking, concentrating, driving, rallying, stirring up, locating, or spotting any wild bird or animal, except that the prohibition in this subdivision does not apply to a person who uses a drone for the purpose of locating or spotting a predator or varmint, if:
(a) The activity occurs only on or over land that is privately owned;
(b) The person operating the drone is the landowner or has permission from the landowner or a lessee;
(c) The activity does not occur during the months of September, October, or November; and
(d) The operation of the drone is in full compliance with all applicable Federal Aviation Administration regulations.
Source: SDC 1939, §§ 25.0426, 25.9907; SL 1964, ch 78, §§ 1, 2; SL 1967, ch 85, § 10; SL 1973, ch 268, § 1; SL 1977, ch 190, § 569; SL 1997, ch 235, § 2; SL 2019, ch 187, § 1; SL 2020, ch 187, § 1.
41-8-39.1. Aerial hunting of coyotes and fox by occupier of land where loss of animals threatened--Hunting on neighbor's land--Consent or authorization--Contract.
Notwithstanding the provisions of § 41-8-39, any person occupying land as an owner or lessee may apply to the Department of Game, Fish and Parks for a permit to kill or attempt to kill coyotes or foxes from an aircraft to protect or aid in the protection of the owner's or lessee's land, livestock, domesticated animals, or crops, water, wildlife, or human life as permitted under PL 92-159, as amended to January 1, 2004, or § 40-36-9. A permit may not be issued for the purpose of sport hunting. The permit authorizes the owner or lessee, or a person who holds a valid aerial hunting permit issued by the department and who is under contract with the owner or lessee, to kill or attempt to kill coyotes or foxes from the aircraft on the occupied land and up to four miles onto the land of the immediate adjoining neighbor if the owner or lessee has first obtained the written consent of the owner or lessee of the adjoining land. The Game, Fish and Parks Commission shall promulgate rules pursuant to chapter 1-26 to establish the criteria and eligibility of the permittee and conditions under which the permit is granted, number and species of animals to be hunted and killed, location where permitted, reports required of the permittee, and other rules to implement the provisions of this section.
Source: SL 1973, ch 268, § 2; SL 1986, ch 354; SL 1987, ch 305; SL 1989, ch 355; SL 1998, ch 261, § 1; SL 2004, ch 265, § 1.
41-8-39.2. Contracts with aerial hunters of foxes and coyotes.
Notwithstanding the provisions of § 41-8-39, the Department of Game, Fish and Parks may contract with aerial hunters to control foxes and coyotes as permitted under P. L. 92-159 or § 40-36-9 if requested by landowners or tenants.
Source: SL 1973, ch 268, § 3; SL 1978, ch 297, § 1; SL 2009, ch 206, § 56.
41-8-40. Hunting on boundary waters in violation of laws of adjoining state as misdemeanor--Agreements for reciprocal recognition of licenses and enforcement.
The taking of game, including any game bird or any game animal of any kind in any river, lake, or waters forming the boundary line between this and any other state, at any time or in any manner prohibited by the laws of any such adjoining state, is a Class 2 misdemeanor. The Department of Game, Fish and Parks may enter into agreements with the appropriate agencies of bordering states for the purpose of providing for reciprocal recognition of licenses and permits and reciprocal enforcement of regulations pertaining to hunting, fishing, boating, and trapping on the boundary waters and contiguous lands of the states.
Source: SDC 1939, § 25.0423; SL 1945, ch 97; SL 1967, ch 85, § 9; SL 1977, ch 190, § 570; SL 1996, ch 251.
41-8-41. Hunting with firearms--Exterior garment--Fluorescent orange or pink--Penalty.
A person using a firearm to hunt any big game animal, other than a turkey or a mountain lion, shall wear, in a visible manner above the waist, a fluorescent orange or fluorescent pink exterior garment.
For purposes of this section, the term "exterior garment" means a hat, cap, shirt, jacket, vest, coverall, or poncho.
A violation of this section is a Class 2 misdemeanor.
Source: SL 1986, ch 355; SL 1991, ch 337, § 61; SL 2013, ch 212, § 1; SL 2024, ch 173, § 1.
41-8-42. Prairie dog shooting season open year-round.
A prairie dog shooting season is open statewide year-round, with no limitation on shooting hours and no prairie dog daily or possession limits.
Source: SL 2011, ch 193, § 1.
41-8-43. Limit of small game taken by hunting party--Exceptions.
Any of two or more persons who mutually agree to hunt small game as a party and who maintain visual and unaided vocal contact may take more than one daily limit of small game. However, the total number of small game taken by the party may not exceed the aggregate daily limit for all members of the party who are licensed to take and possess small game. In accordance with § 41-6-71, this section does not apply to any big game license or any tag issued as a part of a hunting license nor does this section apply to hunting of migratory birds. The provisions of this section do not apply to any person who hunts small game in more than one party in one day.
Source: SL 2013, ch 213, § 1.
CHAPTER 41-9
FISHING, HUNTING AND TRAPPING ON PRIVATE LAND AND PUBLIC RIGHTS-OF-WAY
41-9-1 Landowner's consent required to fish, hunt or trap on private land--Exception--Violation as misdemeanor.
41-9-1.1 Certain highways and public rights-of-way excepted from restrictions--Discharging firearms, hunting, and trapping within certain distance from building or livestock prohibited--Violation as misdemeanor--Revocation of hunting privileges.
41-9-1.2 Big game hunting on highways and public rights-of-way prohibited--Exceptions--Violation as misdemeanor
41-9-1.3 Requirements for hunting, fishing or trapping along section-line or highway.
41-9-1.4 Discharge of firearm while on certain public waters prohibited--Exception--Violation as misdemeanor.
41-9-1.5 Motorized vehicles not to be used in hunting from highways--Restrictions.
41-9-1.6 Penalty for endangerment of other while hunting on right-of-way.
41-9-2 Hunting prohibited in portions of fire protection district--Notice requirements--Violation as misdemeanor.
41-9-3 41-9-3, 41-9-3.1. Repealed by SL 1973, ch 269, § 3
41-9-4 Posting private land without consent as misdemeanor--Posting public land.
41-9-5 Damage to or destruction of posted notices as misdemeanor.
41-9-6 41-9-6. Repealed by SL 1973, ch 269, § 3
41-9-7 41-9-7. Repealed by SL 1991, ch 337, § 65
41-9-8 Unauthorized presence on private property--Retrieval of game--Penalty.
41-9-9 Hunter civil liability for injury, death, or property damage caused by negligent actions.
41-9-10 Use of motor vehicle for hunting, fishing or trapping on school or public lands prohibited--Violation as misdemeanor.
41-9-11 Exhibition of license or identification on request of person with authority to control access to private land--Violation as misdemeanor.
41-9-1. Landowner's consent required to fish, hunt or trap on private land--Exception--Violation as misdemeanor.
Except as provided in § 41-9-2, no person may fish, hunt, or trap upon any private land without permission from the owner or lessee of the land. A violation of this section is a Class 2 misdemeanor and is subject to § 41-9-8.
Source: SDC 1939, § 25.0427; SL 1947, ch 112, § 1; SL 1949, ch 94; SL 1951, ch 121; SL 1953, ch 107; SL 1955, ch 83; SL 1964, ch 79; SL 1967, ch 86; SL 1968, ch 100; SL 1972, ch 225; SL 1973, ch 269, § 1; SL 1974, ch 278, § 4; SL 1991, ch 337, § 62; SL 2009, ch 206, § 57.
41-9-1.1. Certain highways and public rights-of-way excepted from restrictions--Discharging firearms, hunting, and trapping within certain distance from building or livestock prohibited--Violation as misdemeanor--Revocation of hunting privileges.
Except for controlled access facilities as defined in § 31-8-1, interstate highways, unimproved section lines not commonly used as public rights-of-way, and highways within parks or recreation areas or within or adjoining public shooting areas or game refuges posted for restriction of an applicable use as hereinafter set forth by the Department of Game, Fish and Parks, § 41-9-1 does not apply to fishing, trapping, or hunting on highways or other public rights-of-way within this state that meet the requirements of § 41-9-1.3. For purposes of this section, hunting on highways or other public rights-of-way includes:
(1) The shooting at or taking by legal methods of small game, except mourning dove, that are located within the boundaries of the highway or public right-of-way; and
(2) The shooting at or taking by legal methods of small game, except mourning dove, that are in flight over private land if the small game has either originated from or has taken flight from the highway or public right-of-way or if the small game is in the process of flying over the highway or public right-of-way.
Only the owner of the occupied dwelling, church, or schoolhouse; the owner of livestock; or a person who has written permission from the owner of the occupied dwelling, church, or schoolhouse, or the owner of the livestock may use such highways or rights-of-way for the purposes of discharging any firearm or for the purposes of hunting defined in this title within a six hundred sixty-foot safety zone surrounding an occupied dwelling, a church, schoolhouse, or livestock. No other person may discharge a firearm at small game within the safety zone. No person, except the adjoining landowner or any person receiving written permission from the adjoining landowner, may use such highways or rights-of-way for the purpose of trapping within six hundred sixty feet of an occupied dwelling, church, or schoolhouse. A violation of this section is a Class 2 misdemeanor. If any person is convicted of knowingly discharging a firearm within six hundred sixty feet of any occupied dwelling, church, or schoolhouse for which that distance has been clearly and accurately marked and posted, the court shall, in addition to any other penalty, revoke the person's hunting privileges for a period of one year from the date of conviction. The sentencing court may order the revocation of hunting privileges authorized by this section to be served consecutively with any other revocation of the person's hunting privileges imposed for a violation for which the person is convicted and for which revocation of the privileges is authorized under this title.
Source: SDC 1939, § 25.0427 as enacted by SL 1947, ch 112, § 1; SL 1949, ch 94; SL 1951, ch 121; SL 1953, ch 107; SL 1955, ch 83; SL 1964, ch 79; SL 1967, ch 86; SDCL § 41-9-1; SL 1968, ch 100; SL 1972, ch 225; SL 1973, ch 269, § 2; SL 1981, ch 299, § 1; SL 1988, ch 337; SL 1992, ch 293, § 13; SL 1996, ch 252, § 1; SL 2003, ch 225, § 1; SL 2009, ch 209, § 3; SL 2014, ch 203, § 1; SL 2016, ch 210, § 1.
41-9-1.2. Big game hunting on highways and public rights-of-way prohibited--Exceptions--Violation as misdemeanor.
No person may hunt big game on interstate highways or controlled access facilities as defined in § 31-8-1 within this state.
No person may discharge a firearm, muzzleloader, crossbow, or bow and arrow at any big game animal, except turkey to be taken with a shotgun using shot shells or with a bow and arrow, from within the right-of-way of an improved public highway. However, any person who possesses a disabled hunter permit issued by the department to shoot from a vehicle as provided in § 41-8-37 may hunt on public rights-of-way adjoining publicly-owned hunting areas and on rights-of-way adjoining private lands with the written permission of the owner or lessee.
Retrieval of lawfully taken big game is permitted on all public rights-of-way.
A violation of this section is a Class 2 misdemeanor.
Source: SL 1981, ch 299, § 2; SL 1989, ch 356; SL 1990, ch 335; SL 1991, ch 337, § 63; SL 1996, ch 252, § 4; SL 2008, ch 219, § 1.
41-9-1.3. Requirements for hunting, fishing or trapping along section-line or highway.
For purposes of § 41-9-1.1 any public right-of-way along a section-line or other highway is open for public hunting, fishing, or trapping if:
(1) The right-of-way has been commonly used by the public for vehicular travel, as demonstrated by the existence of a well-worn vehicle trail; or
(2) An intentional alteration or adaptation has been made to the right-of-way to enhance the natural terrain's utility for vehicular travel or to permit vehicular travel where it was not previously possible.
Source: SL 1996, ch 252, § 2.
41-9-1.4. Discharge of firearm while on certain public waters prohibited--Exception--Violation as misdemeanor.
No person may discharge a firearm while on that portion of public waters of this state that inundate privately-owned property from a location which is within six hundred sixty feet of an occupied dwelling, church, schoolhouse, or livestock being held in a confined area according to standard animal husbandry practices. However, a landowner or any person receiving permission from the landowner may discharge a firearm while on that portion of public waters that inundate the private property of that landowner. A violation of this section is a Class 2 misdemeanor.
Source: SL 2001, ch 233, § 1.
41-9-1.5. Motorized vehicles not to be used in hunting from highways--Restrictions.
In order to protect the public safety, it is the intent of the Legislature that hunting from highways or other public rights-of-way be accomplished without the use of motorized vehicles. Therefore, the following restrictions apply to such hunting:
(1) No person hunting small game from any highway or other public right-of-way pursuant to § 41-9-1.1 may discharge a firearm at any small game animal unless the motor vehicle by which the person has been transported to the hunting location has, to the maximum extent practical, been parked off the main traveled portion of the highway or public right-of-way in a manner that does not create an unreasonable risk of injury or damage to other persons or property using the highway or public right-of-way;
(2) If the person who discharges the firearm is more than fifty yards from the vehicle, the doors on the side of the vehicle nearest the roadway shall be closed, but the engine may be running; and
(3) If the person who discharges the firearm is less than fifty yards from the vehicle, all of the vehicle doors shall be closed and the engine shall be turned off.
A violation of this section is a Class 2 misdemeanor.
Source: SL 2003, ch 225, § 2.
41-9-1.6. Penalty for endangerment of other while hunting on right-of-way.
Any person who, while hunting a road right-of-way, negligently endangers another person, or puts that person in fear of imminent serious bodily harm, is guilty of a Class 1 misdemeanor.
Source: SL 2003, ch 225, § 3.
41-9-2. Hunting prohibited in portions of fire protection district--Notice requirements--Violation as misdemeanor.
In that part of the Black Hills Fire Protection District lying south of Interstate Highway 90, no person may enter upon any private land with intent to take or kill any bird or animal, after being notified by the owner or lessee not to do so. Such notice may be given orally or by posting written or printed notices to that effect at the residence or where the buildings are located on the private land, at the gates or entering places to the private land, and in conspicuous places around the land posted.
A violation of this section is a Class 2 misdemeanor and is subject to § 41-9-8.
Source: SDC 1939, § 25.0427; SL 1947, ch 112, § 1; SL 1949, ch 94; SL 1951, ch 121; SL 1953, ch 107; SL 1955, ch 83; SL 1964, ch 79; SL 1967, ch 86; SDCL § 41-9-3; SL 1968, ch 100; repealed SL 1973, ch 269, § 3; re-enacted SL 1974, ch 278, § 1; SL 1991, ch 337, § 64; SL 2011, ch 194, § 1.
41-9-4. Posting private land without consent as misdemeanor--Posting public land.
It is a Class 1 misdemeanor for any person to post the lands of another without the written consent of its owner or lessee or to post public lands.
Source: SL 1967, ch 94; repealed SL 1973, ch 269, § 3; re-enacted SL 1974, ch 278, § 2; SL 1977, ch 190, § 571.
41-9-5. Damage to or destruction of posted notices as misdemeanor.
It is a Class 2 misdemeanor to remove, damage, mutilate, or destroy any notices legally posted pursuant to this chapter.
Source: SDC 1939, § 25.0428; SL 1967, ch 85, § 11; repealed SL 1973, ch 269, § 3; re-enacted SL 1974, ch 278, § 3; SL 1977, ch 190, § 572.
41-9-8. Unauthorized presence on private property--Retrieval of game--Penalty.
If a person violates § 41-9-1 or 41-9-2, a court may, upon a finding of guilt or upon a conviction, order the revocation of the person's hunting, fishing, or trapping privileges for one year.
If a person knowingly enters or remains on private property for the purpose of hunting, fishing, or trapping, in violation of § 41-9-1 or 41-9-2, the person shall be fined five hundred dollars, and shall lose hunting, trapping, or fishing privileges for one year following a finding of guilt or a conviction.
A person's hunting, fishing, or trapping privileges shall be revoked for two years following a second or subsequent finding of guilt or conviction under § 41-9-1 or 41-9-2, within ten years.
The court may order that any revocation of hunting, fishing, or trapping privileges, authorized by this section, be served consecutively with any other revocation of a person's hunting, fishing, or trapping privileges imposed for a violation for which the person is convicted and for which revocation of the privileges is authorized under this title.
If the person is the holder of a license to hunt, trap, or fish, the court shall require that the license holder surrender and deliver the license to the court, to be returned to the Department of Game, Fish and Parks.
Unarmed retrieval of lawfully taken small game from private land, land controlled by the Department of Game, Fish and Parks, or other public lands, is not a crime or petty offense, if the retrieval of the small game does not involve the use of a motor vehicle.
It is a Class 2 misdemeanor for any person, while engaged in the retrieval of small game from private land, without permission of the owner or lessee of the land, to intentionally drive or flush any small game located on the land toward other hunters of the retriever's same hunting group, located on other parcels of land or rights-of-way.
It is a Class 2 misdemeanor for any person, who is a member of the same hunting group as the person performing the retrieval without the permission of the owner or lessee of the land, to intentionally discharge a firearm at small game, except waterfowl, that originates from the private land during the retrieval.
This section does not limit any civil remedies available to a landowner.
Source: SL 1981, ch 300; SL 1991, ch 337, § 66; SL 2004, ch 266, § 1; SL 2009, ch 209, § 4; SL 2019, ch 188, § 1; SL 2020, ch 188, § 1; SL 2022, ch 158, § 1.
41-9-9. Hunter civil liability for injury, death, or property damage caused by negligent actions.
Any person who is engaged, legally or illegally, in hunting is liable for any injury or death to any person or damages to property caused by the hunter's negligent actions. The injured person or the owner of the property that has been damaged may recover civil damages. Nothing herein shall abrogate any other provision of law.
Source: SL 1992, ch 299.
41-9-10. Use of motor vehicle for hunting, fishing or trapping on school or public lands prohibited--Violation as misdemeanor.
No person may use a motor vehicle, as defined in subdivision 41-1-1(18), for purposes of hunting, fishing, or trapping on any land under the control of the commissioner of school and public lands on which public hunting, fishing, or trapping is authorized. No person may use a motor vehicle, for purposes of hunting, fishing, or trapping to enter onto or to cross any land under the control of the commissioner of school and public lands on which public hunting, fishing, or trapping is authorized. Any motor vehicle that is used to transport any person to any such lands for purposes of hunting, fishing, or trapping shall remain within a public right of way. Nothing in this section authorizes or prohibits hunting, fishing, or trapping in any area where those activities are otherwise authorized or prohibited. The prohibitions contained in this section do not restrict the use of motor vehicles on roads, trails, or parking areas designated and signed by the Department of Game, Fish and Parks pursuant to a management agreement with the commissioner of school and public lands. Nothing in this section prohibits using a motor vehicle on land under the control of the commissioner of school and public lands for normal lease activities by the lessee or for animal damage control activities. A violation of this section is a Class 2 misdemeanor.
Source: SL 2000, ch 210, § 1.
41-9-11. Exhibition of license or identification on request of person with authority to control access to private land--Violation as misdemeanor.
Any person who is hunting, fishing, or trapping or is engaged in any recreational activity upon private land shall upon request exhibit the person's license to hunt, fish, or trap, or if unlicensed or engaged in another recreational activity, shall provide the person's first name, last name, town or city of residence, and state or province of residence as shown on the person's driver license, state-issued identification card, or other form of valid identification for the purpose of verifying the person's identity to any person who has legal authority to control access to the private land where the hunting, fishing, trapping, or other recreational activity is occurring. A violation of this section is a Class 2 misdemeanor.
Source: SL 2015, ch 211, § 2.
41-10-1
Definition of terms.
41-10-2
Issuance and renewal of operating permits.
41-10-3
Application for permit--Maximum area of preserve.
41-10-4
Fee for permit.
41-10-4.5
Notice of application--Submission of opinion--Status as interested party--Notice of
decision.
41-10-5
Repealed.
41-10-6
Inspection of shooting preserve area--Evaluation of applicant's ability.
41-10-7
Issuance of permit--Criteria established--Effective date of certain provisions.
41-10-7.1
Contested case hearing upon denial of shooting preserve operating permit--Request.
41-10-7.2
Contested case hearing upon grant of new shooting preserve operating permit--Request.
41-10-8
Consent to entry and search of premises by officer--Noncompliance as misdemeanor.
41-10-9
Species of game hunted under chapter.
41-10-10
Marking of game released--Unmarked game deemed wild.
41-10-11
Season for shooting preserves.
41-10-12
Resident basic game and fish license or nonresident general hunting license required
on preserve--Habitat restoration stamp--Violation as misdemeanor.
41-10-13
Game taken on preserve by licensed hunter.
41-10-14
Shooting hours, fees, and limitations on game species.
41-10-15
Repealed.
41-10-16
Tagging of pen raised or wild game taken by licensed hunter on shooting preserve.
41-10-17
Guest register and records required of permittee--Inspection by department--Violation as misdemeanor.
41-10-18
Owning, operating, leasing, or controlling shooting preserve without license--Misdemeanor.
41-10-19
Revocation or suspension of permit.
41-10-20
Appeal to circuit court from suspension or revocation of permit.
41-10-21
Citation of chapter.
41-10-1. Definition of terms.
Terms used in this chapter mean:
(1) "Commission," the Game, Fish and Parks Commission, acting directly or through its duly authorized officers or agents;
(2) "Department," the Department of Game, Fish and Parks, acting directly or through its duly authorized officers or agents;
(3) "Person," includes individuals, partnerships, associations, corporations, and limited liability companies;
(4) "Shooting preserve," any acreage either privately owned or leased on which hatchery raised game is released for the purpose of hunting, for a fee, over an extended season.
Source: SL 1963, ch 148, § 2; SL 2005, ch 226, § 1, eff. Mar. 9, 2005; SL 2011, ch 195, § 1.
41-10-2. Issuance and renewal of operating permits.
The department may issue and renew shooting preserve operating permits for privately owned and operated shooting preserves.
Source: SL 1963, ch 148, § 4; SL 1984, ch 273, § 77; SL 2005, ch 226, § 2.
41-10-3. Application for permit--Maximum area of preserve.
Any person owning, holding, or controlling, by lease or otherwise, any contiguous tract of land of not more than two thousand five hundred sixty acres, who desires to establish a shooting preserve under the regulations provided in this chapter, may make application to the department for a shooting preserve operating permit. The application shall be made by the applicant or the applicant's agent or attorney, and shall be accompanied by a fee which is determined as provided by § 41-10-4.
Source: SL 1963, ch 148, § 3; SL 2005, ch 226, § 3.
41-10-4. Fee for permit.
The fee for a shooting preserve operating permit is one hundred dollars per shooting preserve season plus forty cents for each acre within the boundary of the described shooting preserve.
Source: SL 1963, ch 148, § 3; SL 1986, ch 356, § 1; SL 1987, ch 308, § 2.
41-10-4.5. Notice of application--Submission of opinion--Status as interested party--Notice of decision.
Upon receipt of a written application for a new shooting preserve operating permit, the department shall notify the public of the application by publishing notice of the time and manner in which interested persons may present data, opinions, or arguments in writing to the department on the application and the manner in which interested persons may request status as an interested party and request receipt of written notice of the decision of the department. The department shall publish the notice once at least twenty days prior to the time designated by the department in the published notice in at least three newspapers of general circulation in areas of the state likely to be affected by the proposed permit. No more than ten days after the time designated by the department in the published notice, the department shall provide and mail by certified mail, return receipt requested, written notice of its decision made in accordance with the requirements of § 41-10-7 to the applicant and to any person who submitted within the prescribed time and manner data, opinions, or arguments in writing to the department in opposition to issuance of the new operating permit and who requested the status as an interested party in accordance with this section and the published notice. The date that written notice of the decision is mailed to the applicant and to an interested person who requested the status of an interested party constitutes the respective date notice of application denial or approval has been provided as referenced in §§ 41-10-7.1 and 41-10-7.2.
Source: SL 1995, ch 237; SL 2005, ch 226, § 4.
41-10-6. Inspection of shooting preserve area--Evaluation of applicant's ability.
Upon receipt of the application for a shooting preserve operating permit, the department shall inspect the area described in the application, the premises, and the facilities. The department also shall evaluate the ability of the applicant to operate an area of this character.
Source: SL 1963, ch 148, § 5; SL 2005, ch 226, § 5.
41-10-7. Issuance of permit--Criteria established--Effective date of certain provisions.
If the department is satisfied that all of the following criteria have been established by the applicant:
(1) The applicant for a shooting preserve operating permit proposes to comply with all of the provisions of this chapter and the commission rules promulgated pursuant to this chapter;
(2) The applicant is financially able to provide the necessary facilities and services to operate a shooting preserve;
(3) The preserve shall be open to the general public without restrictions as to race, color, or creed;
(4) The operation will not work a fraud upon persons who are permitted to hunt thereon;
(5) The operation is not designed to circumvent game laws and regulations;
(6) The issuance of the permit will be in the public interest;
(7) The applicant is a resident of the state or, if a business entity, is organized or operating under the laws of the State of South Dakota pursuant to a certificate issued by the Office of the Secretary of State;
(8) The applicant does not operate or own any interest in more than one shooting preserve comprised of a contiguous tract of land of more than one thousand two hundred eighty acres nor more than two shooting preserves each of which are comprised of a contiguous tract of land of one thousand two hundred eighty acres or less; and
(9) The preserve for which an operating permit is requested is at least one mile from any game production area or other publicly owned shooting area, or if located within one mile of such areas, the preserve would not take unfair advantage of wildlife habitat developments or wildlife population existing on those areas, or would not otherwise be detrimental to the public interest;
the department shall approve the application and issue a shooting preserve operating permit for the operation of a shooting preserve on the property described in the application with the rights and subject to the limitations prescribed in this chapter and the commission rules promulgated pursuant to this chapter. However, the provisions of subdivisions (7) and (9) of this section do not apply to any shooting preserve licensed pursuant to this chapter, prior to July 1, 1986.
Source: SL 1963, ch 148, § 5; SL 1986, ch 356, § 2; SL 1989, ch 357, § 1; SL 1991, ch 342; SL 1996, ch 253; SL 2005, ch 226, § 6, eff. Mar. 9, 2005; SL 2011, ch 195, § 2.
41-10-7.1. Contested case hearing upon denial of shooting preserve operating permit--Request.
If an applicant is denied a shooting preserve operating permit by the department, the applicant may make a written request to the department for a contested case hearing before the commission pursuant to chapter 1-26. The written request shall be mailed to the department by certified mail, return receipt requested, on or before ten days have elapsed from the date that the notice of application denial has been provided and mailed to the applicant by certified mail, return receipt requested.
Source: SL 2005, ch 226, § 9.
41-10-7.2. Contested case hearing upon grant of new shooting preserve operating permit--Request.
If an applicant is granted a new shooting preserve operating permit by the department, any interested person who has requested the status of an interested party and who has presented data, opinion, or arguments in writing to the department pursuant to the requirements in § 41-10-4.5 may make a written request to the department for a contested case hearing before the commission pursuant to chapter 1-26. The written request shall be mailed to the department and the applicant by certified mail, return receipt requested, on or before ten days have elapsed from the date that the notice of application approval has been provided to the interested party.
Source: SL 2005, ch 226, § 10.
41-10-8. Consent to entry and search of premises by officer--Noncompliance as misdemeanor.
Each shooting preserve operating permit shall be issued upon the express condition that the permittee agrees that any law enforcement officer or any representative of the Department of Game, Fish and Parks may enter and inspect the premises on which preserve operations are conducted, and any part thereof, during normal hours of preserve operation without a search warrant to ensure compliance with the laws of this state and rules and regulations of the commission. Failure to comply with this section is a Class 1 misdemeanor.
Source: SL 1963, ch 148, § 9; SL 1991, ch 337, § 67; SL 2011, ch 195, § 3.
41-10-9. Species of game hunted under chapter.
Game that may be hunted under this chapter includes mallard ducks, pheasants, quail, partridges, turkey, and such other species of game as the Game, Fish and Parks Commission may add in rules promulgated pursuant to chapter 1-26. The commission may exclude mallard ducks from the list of permitted species for any period of time and without advance notice if necessary to protect the species.
Source: SL 1963, ch 148, § 6; SL 2009, ch 206, § 58.
41-10-10. Marking of game released--Unmarked game deemed wild.
All game released on a shooting preserve shall be marked as prescribed by the Game, Fish and Parks Commission. All game not marked as prescribed is deemed wild game.
Source: SL 1963, ch 148, § 6; SL 2009, ch 206, § 59.
41-10-11. Season for shooting preserves.
The season length on shooting preserves may be all or any part of the seven-month period beginning September first and ending March thirty-first of the following year.
Source: SL 1963, ch 148, § 9.
41-10-12. Resident basic game and fish license or nonresident general hunting license required on preserve--Habitat restoration stamp--Violation as misdemeanor.
A South Dakota resident small game license or a resident youth small game license is required of each resident hunting on a shooting preserve. Any nonresident hunting small game on a shooting preserve shall obtain a nonresident shooting preserve license or a nonresident small game license.
A violation of this section is a Class 1 misdemeanor.
Source: SL 1963, ch 148, § 7; SL 1985, ch 328; SL 1986, ch 356, § 3; SL 1987, ch 308, § 1; SL 1989, ch 30, § 73; SL 1990, ch 332, § 2; SL 1991, ch 337, § 68; SL 1991, ch 343; SL 1998, ch 252, § 21.
41-10-13. Game taken on preserve by licensed hunter.
The guest of a shooting preserve permittee, after securing any necessary hunting licenses as required by this chapter, may harvest any game released in the shooting preserve, and as provided for in § 41-10-16, all of the wild game in the area of the same species as those released.
Source: SL 1963, ch 148, § 8; SL 1986, ch 356, § 4; SL 2011, ch 195, § 4.
41-10-14. Shooting hours, fees, and limitations on game species.
Within the limits set by the commission, in rules promulgated pursuant to chapter 1-26, the shooting preserve permittee may establish shooting hours and limitations and restrictions on the age, sex, number, and type of each game species that may be taken by each person. The permittee may establish the fees to be charged to the permittee's guests.
Source: SL 1963, ch 148, § 9; SL 2005, ch 226, § 7, eff. Mar. 9, 2005; SL 2011, ch 195, § 5.
41-10-16. Tagging of pen raised or wild game taken by licensed hunter on shooting preserve.
Any person licensed to hunt a species as required by this chapter may harvest and legally possess pen raised or wild game shot on a shooting preserve if the game is tagged as directed by the commission in rules promulgated pursuant to chapter 1-26. The provisions of this section relating to issuance of tags and remittance of tag fees, shall be administered by the department pursuant to commission rules adopted pursuant to § 41-2-18. The cost of each tag to the shooting preserve permittee shall be established by the commission in rules promulgated pursuant to chapter 1-26.
Source: SL 1963, ch 148, § 10; SL 1984, ch 273, § 78; SL 1987, ch 308, § 4; SL 2005, ch 226, § 8, eff. Mar. 9, 2005; SL 2011, ch 195, § 6.
41-10-17. Guest register and records required of permittee--Inspection by department--Violation as misdemeanor.
Each shooting preserve permittee shall maintain a guest register in which is listed the name, address, and South Dakota general license number or nonresident shooting preserve license of each shooter, the date on which he hunted, and the amount of game and species taken. Likewise, a record shall be maintained to show the source of the game released and of the date and the number of each game species released. These records shall be open to inspection by the Department of Game, Fish and Parks during normal hours of preserve operation. A violation of this section is a Class 1 misdemeanor.
Source: SL 1963, ch 148, § 11; SL 1991, ch 24, § 15; SL 1991, ch 337, § 69; SL 1992, ch 300; SL 2011, ch 195, § 7.
41-10-18. Owning, operating, leasing, or controlling shooting preserve without license--Misdemeanor.
It is a Class 1 misdemeanor to own, operate, lease, or control a shooting preserve without the operating permit authorized by § 41-10-7 or in violation of statute, the conditions of the permit or the rules of the Game, Fish and Parks Commission.
Source: SL 1963, ch 148, § 12; SL 1977, ch 190, § 574; SL 1991, ch 337, § 70.
41-10-19. Revocation or suspension of permit.
The Game, Fish and Parks Commission may pursuant to chapter 1-26 revoke or suspend the permit of a permittee for any violation of this chapter or any of the rules of the commission committed by the permittee or any person involved in the operation of the permittee's preserve.
Source: SL 1963, ch 148, § 13; SL 1984, ch 273, § 79; SL 2011, ch 195, § 8.
41-10-20. Appeal to circuit court from suspension or revocation of permit.
An appeal may be taken to the circuit court pursuant to the procedure of chapter 1-26 within ten days after a decision of the Game, Fish and Parks Commission to suspend or revoke a shooting preserve operating permit. The circuit court may take additional evidence in any action which is appealed from the administrative determination.
Source: SL 1963, ch 148, § 14.
41-10-21. Citation of chapter.
This chapter may be cited as the Private Shooting Preserve Act.
Source: SL 1963, ch 148, § 1.
CHAPTER 41-11
PROTECTION OF BIRDS AND SMALL GAME
41-11-1 Wild birds and wild animals as property of state.
41-11-2 Taking, possession, sale or transportation of wild bird or small game prohibited except as provided.
41-11-3 41-11-3. Repealed by omission from SL 1969, ch 100
41-11-4 Hunting, transportation, sale or possession of game birds prohibited--Violation as misdemeanor.
41-11-5 Establishing season for game birds--Closing.
41-11-5.1 41-11-5.1. Repealed by SL 1972, ch 227, § 3
41-11-5.2 41-11-5.2. Repealed by SL 1991, ch 337, § 73
41-11-5.3 41-11-5.3. Repealed by SL 1972, ch 227, § 3
41-11-5.4 41-11-5.4. Repealed by SL 1977, ch 190, § 576
41-11-5.5 Pheasant hunt--Disabled veterans and former prisoners of war--Promulgation of rules.
41-11-6 41-11-6. Repealed by SL 1981, ch 302
41-11-7 Possession or destruction of nest or eggs of protected birds prohibited--Violation as misdemeanor.
41-11-8 Sale of parts of protected bird prohibited--Exceptions--Violation as misdemeanor.
41-11-9 41-11-9. Repealed by SL 1991, ch 337, § 76
41-11-10 Birds not protected or conditionally protected by chapter.
41-11-11 Raptor license required--Violation as misdemeanor.
41-11-12 41-11-12 to 41-11-14. Repealed by SL 1985, ch 15, §§ 54 to 56
41-11-15 Reintroduction of black-footed ferret.
41-11-1. Wild birds and wild animals as property of state.
All wild birds or animals as defined by subdivision 41-1-1(24), both resident and migratory, in this state shall be and are hereby declared to be property of the state.
Source: SDC 1939, § 25.0401; SL 1969, ch 100.
41-11-2. Taking, possession, sale or transportation of wild bird or small game prohibited except as provided.
Except as permitted by § 41-11-10 and the rules prescribed by the Game, Fish and Parks Commission, no person may kill, catch, or have in possession, living or dead, any wild bird other than small game, or purchase, offer or expose for sale, transport, or ship within or without the state, any such wild bird or small game after it has been killed or caught. A violation of this section is a Class 2 misdemeanor.
Source: SDC 1939, § 25.0402; SL 1945, ch 96; SL 1967, ch 85, § 1; SL 1969, ch 100; SL 1991, ch 337, § 71.
41-11-4. Hunting, transportation, sale or possession of game birds prohibited--Violation as misdemeanor.
Except as provided in § 41-11-5, no person may hunt, take, kill, ship, convey, or cause to be shipped or transported by common or private carrier to any person, either within or without the state, buy, barter, expose for sale, sell to anyone, have in possession or under control at any time, any snipe, prairie chicken or pinnated grouse, white-breasted or sharp-tailed grouse, partridge, or ruffed grouse, sage grouse, Hungarian partridge, Chukar partridge, Chinese ring-necked or English pheasant, wild turkey, upland plover, golden plover, crow, mourning dove, quail, wild duck of any variety, wild geese of any variety, brant, or any variety of aquatic fowl, or any part thereof. A violation of this section is a Class 2 misdemeanor.
Source: SDC 1939, § 25.0501; SL 1941, ch 110; SL 1943, ch 95; SL 1949, ch 95; SL 1951, ch 122; SL 1953, ch 109; SL 1959, ch 117, § 2; SL 1981, ch 301, § 1; SL 1991, ch 337, § 72.
41-11-5. Establishing season for game birds--Closing.
The Game, Fish and Parks Commission may establish a season on any fowl specified in § 41-11-4 throughout all or any portion of the state and provide the extent of the season by rules adopted pursuant to § 41-2-18. The commission may close or curtail open season once it has been opened as provided in this section.
Source: SDC 1939, § 25.0501; SL 1941, ch 110; SL 1943, ch 95; SL 1949, ch 95; SL 1951, ch 122; SL 1953, ch 109; SL 1959, ch 117, § 2; SL 1973, ch 264, § 4; SL 1979, ch 284, § 1; SL 1984, ch 273, § 80.
41-11-5.5. Pheasant hunt--Disabled veterans and former prisoners of war--Promulgation of rules.
Any nonprofit organization may establish a special pheasant hunt in which disabled veterans or Purple Heart recipients of the United States Armed Forces may participate. The special pheasant hunt may be held before or during the regular pheasant season. No fee may be charged to participants in any such special pheasant hunt, by either the state or the sponsoring organization. The Game, Fish and Parks Commission shall promulgate rules, pursuant to chapter 1-26, to administer the special pheasant hunts authorized in this section.
For the purposes of this section a disabled veteran is a person who meets one of the following criteria:
(1) A resident or nonresident veteran who has been adjudicated by the United States Department of Veterans Affairs as twenty percent or more disabled due to a service-connected disability or has received the United States Department of Veterans Affairs K Award; or
(2) A resident who 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.
Source: SL 1998, ch 252, § 23; SL 2016, ch 208, § 2; SL 2019, ch 189, § 1; SL 2020, ch 180, § 1.
41-11-7. Possession or destruction of nest or eggs of protected birds prohibited--Violation as misdemeanor.
Except as permitted by statute, no person may take or have in possession or break or destroy any nest or the eggs of the kinds of birds, the taking or killing of which is at any time or at all times prohibited. A violation of this section is a Class 2 misdemeanor.
Source: SDC 1939, § 25.0403; SL 1991, ch 337, § 74.
41-11-8. Sale of parts of protected bird prohibited--Exceptions--Violation as misdemeanor.
No part of the plumage, skin, or body of any bird protected by law may be sold or had in possession for sale, irrespective of whether such bird was captured or killed within or without the state, except that the plumage or skin of the Chinese pheasant, sharptail grouse, Hungarian partridge, and prairie chicken legally taken may be sold or had in possession for sale. A violation of this section is a Class 2 misdemeanor.
Source: SDC 1939, § 25.0402; SL 1945, ch 96; SL 1967, ch 85, § 1; SL 1969, ch 100; SL 1982, ch 291, § 1; SL 1991, ch 337, § 75.
41-11-10. Birds not protected or conditionally protected by chapter.
The English or European house sparrow, unbanded undomesticated pigeon (rock dove), Eurasian collared dove, and European starling are not included among the birds protected by this chapter. Purple grackle, crow, magpie, brown headed cow bird, red-winged blackbird, Brewers blackbird, rusty blackbird, and the bronzed grackle may be taken when committing or about to commit depredation upon ornamental or shade trees, agricultural crops, livestock or wildlife, or when concentrated in such numbers and manner as to constitute a health hazard or other nuisance.
Source: SDC 1939, § 25.0407; SL 1959, ch 114; SL 1961, ch 119; SL 1967, ch 85, § 2; SL 1981, ch 301, § 2; SL 1998, ch 252, § 22; SL 2007, ch 244, § 1.
41-11-11. Raptor license required--Violation as misdemeanor.
A person shall obtain a raptor license from the Department of Game, Fish and Parks to capture or possess a raptor. A violation of this section is a Class 2 misdemeanor.
Source: SL 1972, ch 226; SL 1984, ch 273, § 81.
41-11-15. Reintroduction of black-footed ferret.
The Department of Game, Fish and Parks and the Department of Agriculture and Natural Resources may participate in programs to reintroduce the black-footed ferret if the following conditions are being met:
(1) Areas containing prairie dogs but not having the potential to support black-footed ferrets shall be identified, evaluated and declared ferret-free;
(2) The existing United States Forest Service Prairie Dog Management Plan for the Conata Basin, Buffalo Gap National Grasslands shall be strictly adhered to, and if future increases in prairie dog acres are needed, a funding mechanism shall be established to provide financial compensation to landowners suffering lost income;
(3) No additional land may be acquired for ferrets through condemnation, and the multiple use concept of the United States Forest Service shall be continued;
(4) The initial ferret reintroduction efforts shall be concentrated within the boundaries of Badlands National Park, and once release techniques are refined, the prairie dog management plan on the Buffalo Gap National Grasslands is functioning and local citizens have had the opportunity to view the progress, then reintroduction efforts may be expanded to the grasslands; and
(5) The United States Fish and Wildlife Service shall attempt to provide for the continued meeting on a regular basis during and after the ferret reintroduction of the local level committee consisting of representatives of the United States Forest Service, Pine Ridge Indian Reservation, United States National Parks Service, United States Fish and Wildlife Service, affected state agencies, private organizations, and local landowners.
Source: SL 1992, ch 301; SL 2021, ch 1 (Ex. Ord. 21-3), § 14, eff. Apr. 19, 2021.
CHAPTER 41-12
FISHING SEASONS AND METHODS
41-12-1 41-12-1. Repealed by SL 1991, ch 337, § 77.
41-12-2 Fishing in private water used for propagation as misdemeanor except by consent.
41-12-3 Labeling and access to fishing houses erected on ice--Neglect as misdemeanor--Exception for portable shelters.
41-12-4 41-12-4. Repealed by SL 1984, ch 273, § 83.
41-12-5 Fishing restricted to hook and line except as provided--Violation as misdemeanor.
41-12-6 Fishing with excessive number of lines as misdemeanor.
41-12-7 Fishing lines to be attended--Violation as misdemeanor.
41-12-7.1 41-12-7.1. Repealed by SL 1980, ch 287.
41-12-8 Prohibited bait--Violation as misdemeanor.
41-12-9 Nets, seines, and similar devices, weirs, dams, and artificial obstructions prohibited--Violation as misdemeanor--Permits for use of devices by private landowners.
41-12-9.1 Repealed.
41-12-10 41-12-10. Repealed by SL 1984, ch 273, § 87.
41-12-11 41-12-11. Repealed by SL 1985, ch 324, § 6.
41-12-12 Fishing devices prohibited--Landing nets and gaffs permitted--Violation as misdemeanor.
41-12-13 Use of explosives, electrical devices, and drugs as misdemeanor.
41-12-14 Departmental agents exempt when managing fishery resources.
41-12-15 Law of adjoining state to be observed on boundary waters--Misdemeanor.
41-12-16 Taking of certain species from Missouri River boundary waters permitted.
41-12-17 Seining of scavenger and unprotected fish from boundary waters permitted.
41-12-18 41-12-18. Repealed by SL 1984, ch 273, § 89.
41-12-19 Agreements with adjoining states for reciprocal recognition of licenses and enforcement.
41-12-20 41-12-20. Repealed by SL 1979, ch 285.
41-12-21 Limit of fish taken by fishing party--Exception.
41-12-2. Fishing in private water used for propagation as misdemeanor except by consent.
It is a Class 2 misdemeanor for any person to catch, kill, or take any fish in any manner from any private water used for the propagation of fish except by the consent of the proprietor of the private water.
Source: SDC 1939, § 25.0613 as enacted by SL 1961, ch 120, § 2; SL 1977, ch 190, § 578; SL 2009, ch 206, § 60.
41-12-3. Labeling and access to fishing houses erected on ice--Neglect as misdemeanor--Exception for portable shelters.
It is a Class 2 misdemeanor for any person to set, place, erect, or cause to be set, placed, or erected, or to use any fishing house, fishing shanty, or other structure or shelter at any time upon the ice of any of the public waters of the state unless the name and address of the owner is plainly marked on its exterior in letters at least two inches in height, and the door is constructed to permit entry at all times to the structure, except when unoccupied and locked from the outside. Any portable shelter which is removed from the ice daily is exempt from the marking requirements. A portable shelter may be placed upon the ice of any public waters of the state at any time if the shelter is removed daily. The Game, Fish and Parks Commission shall promulgate rules pursuant to chapter 1-26 to establish dates when any structure not removed daily shall be removed from the public waters of the state.
Source: SL 1953, ch 116, § 1; SL 1957, ch 108, § 1; SDC Supp 1960, § 25.0618; repealed SL 1961, ch 120, § 1; re-enacted as SDC Supp 1960, § 25.0615 by SL 1965, ch 113, § 1; SL 1977, ch 190, § 579; SL 1997, ch 237, § 1; SL 2001, ch 234, § 1.
41-12-5. Fishing restricted to hook and line except as provided--Violation as misdemeanor.
Except as otherwise provided by law, only hook and line may be used in the taking of any fish in any waters which have been opened to fishing by Game, Fish and Parks Commission rule. A violation of this section is a Class 2 misdemeanor.
Source: SDC 1939, § 25.0602 as enacted by SL 1961, ch 120, § 2; SL 1966, ch 70; SL 1984, ch 273, § 84; SL 1991, ch 337, § 78.
41-12-6. Fishing with excessive number of lines as misdemeanor.
It is a Class 2 misdemeanor for any person to fish with more than the maximum number of hooks or lines that may be established in rules promulgated pursuant to chapter 1-26 by the Game, Fish and Parks Commission.
Source: SDC 1939, § 25.0602 (1) as enacted by SL 1961, ch 120, § 2; SL 1966, ch 70; SL 1977, ch 190, § 581; SL 1977, ch 332, § 1; SL 2009, ch 206, § 61.
41-12-7. Fishing lines to be attended--Violation as misdemeanor.
Each line used for fishing shall be attended to the extent that it is under the direct supervision of and within the unaided observation of the legal user at all times. A violation of this section is a Class 2 misdemeanor.
Source: SDC 1939, § 25.0602 as enacted by SL 1961, ch 120, § 2; SL 1966, ch 70; SL 1991, ch 337, § 79.
41-12-8. Prohibited bait--Violation as misdemeanor.
No person may use carp, goldfish, or game fish, except bullhead, lake herring, sunfish of the genus Lepomis, and cleanings of game fish, as bait in hook and line fishing. A violation of this section is a Class 2 misdemeanor.
Source: SDC 1939, § 25.0602 as enacted by SL 1961, ch 120, § 2; SL 1984, ch 273, § 85; SL 2015, ch 212, § 1; SL 2019, ch 190, § 1.
41-12-9. Nets, seines, and similar devices, weirs, dams, and artificial obstructions prohibited--Violation as misdemeanor--Permits for use of devices by private landowners.
It is a Class 1 misdemeanor for any person to possess or control, or to place, keep, or maintain in any of the public waters of this state any trammel or gill net, seine, or other similar device for capturing fish. It is a Class 1 misdemeanor for any person to take in any of the public waters of this state for any purpose whatever, any fish at any time by the erection of any weir, dam, or artificial obstruction or by the use of any trammel or gill net, trap, or similar device, or to place, keep, or maintain the same in any of the public waters of this state. The Department of Game, Fish and Parks may authorize private landowners to use specified devices to take minnows or control undesirable or overpopulated species of fish in their private waters.
Source: SDC 1939, § 25.0606 as enacted by SL 1961, ch 120, § 2; SL 1977, ch 190, § 582; SL 1982, ch 289, § 5; SL 2009, ch 206, § 62.
41-12-12. Fishing devices prohibited--Landing nets and gaffs permitted--Violation as misdemeanor.
No spear, spear gun, bow and arrow, crossbow, snaghook, setline, hoop net, trap, artificial light, or other device except hook and line may be used for fishing except as expressly provided by rules promulgated by the Game, Fish and Parks Commission pursuant to chapter 1-26. However, landing nets, gaffs, and similar devices may be used as an aid in landing fish which are in the process of being caught by legal methods. Use of a device prohibited by this section is a Class 2 misdemeanor.
Source: SDC 1939, § 25.0602 (2) as enacted by SL 1961, ch 120, § 2; SL 1984, ch 273, § 88; SL 2006, ch 220, § 1.
41-12-13. Use of explosives, electrical devices, and drugs as misdemeanor.
It is a Class 1 misdemeanor to kill, take, or attempt to kill, or take in any waters for any purpose, any fish by the use of any explosive, electrical device, poisonous, deleterious, or stupefying substance, unless written authorization to do so is obtained from the Department of Game, Fish and Parks.
Source: SDC 1939, § 25.0610 as enacted by SL 1961, ch 120, § 2; SL 1977, ch 190, § 584; SL 1993, ch 315.
41-12-14. Departmental agents exempt when managing fishery resources.
Appointees and employees of the Department of Game, Fish and Parks are exempted from the provisions of this chapter and chapter 41-13 when carrying out assigned duties and responsibilities of managing the fisheries resources in the public waters of the state.
Source: SDC 1939, § 25.0614 as enacted by SL 1961, ch 120, § 2; SL 2009, ch 206, § 63.
41-12-15. Law of adjoining state to be observed on boundary waters--Misdemeanor.
The taking of any fish with or the placing, maintaining, or using of a net or seine in any river, lake, or waters forming the boundary line between this and any other state of the United States, at any time or in any manner prohibited by the laws of any such adjoining state, is a Class 2 misdemeanor, except as provided by §§ 41-12-16 to 41-12-19, inclusive.
Source: SDC 1939, § 25.0423; SL 1945, ch 97; SL 1967, ch 85, § 9; SL 1977, ch 190, § 585.
41-12-16. Taking of certain species from Missouri River boundary waters permitted.
Notwithstanding § 41-12-15, any person having a resident fishing license may take suckers, red horse, buffalo, carp, eel, eelpout, and catfish (except bullheads) from the waters of the Missouri River as prescribed by the provisions of §§ 41-12-5 to 41-12-8, inclusive, and § 41-12-12.
Source: SDC 1939, § 25.0423; SL 1945, ch 97; SL 1967, ch 85, § 9; SL 1985, ch 15, § 57.
41-12-17. Seining of scavenger and unprotected fish from boundary waters permitted.
Notwithstanding § 41-12-15, the Game, Fish and Parks Commission may, in its discretion, at such time as it may deem proper, permit the seining of scavenger or nonprotected fish from the rivers, lakes, or waters described in § 41-12-15.
Source: SDC 1939, § 25.0423; SL 1945, ch 97; SL 1967, ch 85, § 9.
41-12-19. Agreements with adjoining states for reciprocal recognition of licenses and enforcement.
The Department of Game, Fish and Parks may enter into agreements with the appropriate agencies of bordering states for the purpose of providing for reciprocal recognition of licenses and permits and reciprocal enforcement of regulations pertaining to hunting, fishing, boating, and trapping on the boundary waters of the state.
Source: SDC 1939, § 25.0423 as added by SL 1967, ch 85, § 9.
41-12-21. Limit of fish taken by fishing party--Exception.
Any of two or more persons who mutually agree to fish by angling from a single watercraft as a party or who mutually agree to fish by angling from shore or on ice as a party and who maintain visual and unaided vocal contact may take more than one daily limit of fish. However, the total number of fish taken by the party may not exceed the aggregate daily limit for all members of the party who are licensed to take and possess fish by angling. The provisions of this section do not apply to any person who fishes in more than one party in one day.
Source: SL 2013, ch 213, § 2; SL 2014, ch 204, § 1.
41-13-1
Dumping of refuse or chemicals into game fish waters as misdemeanor--Liability for
restoration.
41-13-1.1
Agricultural producer not liable for result of normal farming practices.
41-13-2
Permit required to use plant control chemicals in game fish waters--Violation as
misdemeanor--Promulgation of rules.
41-13-3
Commission authority required to introduce fish or eggs into public waters--Violation
as misdemeanor.
41-13-3.1
Unauthorized importation of salmonidae as misdemeanor.
41-13-4
Emptying bait container into public waters as misdemeanor.
41-13-5
Department authorized to remove rough fish and bullheads from public waters.
41-13-6
Additional species to be treated as rough fish.
41-13-7
Contract fishing for rough fish and bullheads--Supervision--Bond required.
41-13-8
Tagging and identification of devices used by contract fishermen.
41-13-9
Sale and transportation of fish taken under commission program.
41-13-10
Disposition of game fish taken in rough fish control operations.
41-13-11
Disposition of proceeds from sale of game fish.
41-13-1. Dumping of refuse or chemicals into game fish waters as misdemeanor--Liability for restoration.
It is a Class 1 misdemeanor for any person to empty or allow to be emptied, to place or allow to be placed, any sawdust, manure, refuse matter, sedimentary materials, pollutants, or chemicals of any kind in the waters of this state containing fish and wildlife, or to deposit the same within such distance that it may be carried into such waters by natural causes, except as expressly provided in this chapter. Any person who knowingly or willfully empties, places, or discharges pollutants or chemicals into state waters is liable to the Department of Game, Fish and Parks for an amount, to be deposited in the game, fish and parks fund, which will compensate for restoration of losses.
Source: SDC 1939, § 25.0609 as enacted by SL 1961, ch 120, § 2; SL 1977, ch 190, § 587; SL 1988, ch 338, § 1.
41-13-1.1. Agricultural producer not liable for result of normal farming practices.
Liability may not be imposed upon an agricultural producer if the fish or wildlife kill occurred as a result of normal farming practices.
Source: SL 1988, ch 338, § 2.
41-13-2. Permit required to use plant control chemicals in game fish waters--Violation as misdemeanor--Promulgation of rules.
It is a Class 2 misdemeanor to place chemicals in the public waters of this state containing game fish for the purpose of controlling plants without written permission of the secretary of game, fish and parks. The Game, Fish and Parks Commission may promulgate rules pursuant to chapter 1-26 to safeguard game fish and other animals from the effects of such chemicals.
Source: SDC 1939, § 25.0611 as enacted by SL 1961, ch 120, § 2; SL 1977, ch 190, § 588; SL 2009, ch 206, § 64.
41-13-3. Commission authority required to introduce fish or eggs into public waters--Violation as misdemeanor.
It is a Class 2 misdemeanor for any person to transplant or introduce any fish or fish eggs into any of the public waters of this state without express authority of the Department of Game, Fish and Parks.
Source: SDC 1939, § 25.0608 as enacted by SL 1961, ch 120, § 2; SL 1977, ch 190, § 589.
41-13-3.1. Unauthorized importation of salmonidae as misdemeanor.
It is a Class 2 misdemeanor for any person to import live fishes or viable eggs of the family salmonidae into the State of South Dakota unless such importation complies with rules promulgated pursuant to chapter 1-26 by the Department of Game, Fish and Parks.
Source: SL 1970, ch 240; SL 1977, ch 190, § 590; SL 2009, ch 206, § 65.
41-13-4. Emptying bait container into public waters as misdemeanor.
It is a Class 2 misdemeanor for any person to empty the contents of any minnow bucket or other receptacle containing bait into any of the public waters of the state.
Source: SDC 1939, § 25.0608 as enacted by SL 1961, ch 120, § 2; SL 1977, ch 190, § 591.
41-13-5. Department authorized to remove rough fish and bullheads from public waters.
The Department of Game, Fish and Parks may remove and dispose of rough fish and bullheads from the public waters of the state by the use of seines, nets, chemicals, or by other means or devices.
Source: SDC 1939, § 25.0607 as enacted by SL 1961, ch 120, § 2; SL 2009, ch 206, § 66.
41-13-6. Additional species to be treated as rough fish.
In addition to rough fish as defined in chapter 41-1, the Game, Fish and Parks Commission may by rule adopted pursuant to § 41-2-18 declare one or more species of game fish to be considered and treated as rough fish in any particular waters when the action is necessary or advisable to maintain a desirable fish population.
Source: SDC 1939, § 25.0607 as enacted by SL 1961, ch 120, § 2; SL 1984, ch 273, § 90.
41-13-7. Contract fishing for rough fish and bullheads--Supervision--Bond required.
The Department of Game, Fish and Parks may contract for the removal of rough fish and bullheads from any of the public waters of the state, if fishing under the contract is done under the personal supervision of a person designated by the secretary of game, fish and parks. Any person carrying on such fishing operations under such a contract shall furnish bond in an amount determined by the department, conditioned upon the person's compliance with all of the terms of the contract.
Source: SDC 1939, § 25.0607 as enacted by SL 1961, ch 120, § 2; SL 2009, ch 206, § 67.
41-13-8. Tagging and identification of devices used by contract fishermen.
All nets or other devices used by contract fishermen shall be tagged with a metal tag furnished by the Department of Game, Fish and Parks when in use, and shall be sealed or otherwise properly identified as deemed appropriate by the Game, Fish and Parks Commission when they are not in use and are within the boundaries of this state.
Source: SDC 1939, § 25.0607 as enacted by SL 1961, ch 120, § 2.
41-13-9. Sale and transportation of fish taken under commission program.
Fish taken under the provisions of §§ 41-13-5 to 41-13-7, inclusive, may be sold and transported according to rules as adopted pursuant to § 41-2-18 by the Game, Fish and Parks Commission.
Source: SDC 1939, § 25.0607 as enacted by SL 1961, ch 120, § 2; SL 1984, ch 273, § 91.
41-13-10. Disposition of game fish taken in rough fish control operations.
On the waters of the Missouri River and its impoundments, game fish taken incidentally in operations designed to control rough fish and bullheads, if the condition of the game fish is such that they cannot reasonably be salvaged, may be removed and disposed of in the same manner prescribed for rough fish and bullheads.
Source: SDC 1939, § 25.0607 as enacted by SL 1961, ch 120, § 2; SL 2009, ch 206, § 68.
41-13-11. Disposition of proceeds from sale of game fish.
All proceeds derived from the disposal of game fish except bullheads, shall be deposited in the state treasury and credited to the Department of Game, Fish and Parks fund.
Source: SDC 1939, § 25.0607 as enacted by SL 1961, ch 120, § 2.
CHAPTER 41-13A
AQUATIC INVASIVE SPECIES
41-13A-1 Definitions.
41-13A-2 Aquatic invasive species--Prohibitions--Violation as misdemeanor.
41-13A-3 Conveyance placement--Requirements--Violation as misdemeanor.
41-13A-4 Conveyance removal--Requirements--Violation as misdemeanor.
41-13A-5 Inspection stations--Required inspections--Violation as misdemeanor.
41-13A-6 Inspection stations--Inspections--Decontamination.
41-13A-7 Law enforcement authority--Inspections--Decontamination.
41-13A-1. Definitions.
Terms used in this chapter mean:
(1) "Aquatic invasive species," an aquatic species that is not native to the state, including the seeds, eggs, spores, or larvae of the species, or other biological material capable of propagation, and whose presence within the state may cause economic or environmental harm;
(2) "Conveyance," a motorized or nonmotorized boat and associated equipment that may come in contact with water or that is able to transport water. A conveyance includes any trailer, engine, motor, live well, ballast tank, bilge area, anchor, and any other item that may come in contact with water or is able to transport water that could harbor an aquatic invasive species;
(3) "Decontamination," a process used to kill, destroy, or remove aquatic invasive species and other organic material that may be present in or on a conveyance;
(4) "Inspection," a visual and tactile examination of a conveyance to determine whether it may harbor any organisms or other organic material that could present a risk of spreading an aquatic invasive species;
(5) "Waters," all waters within the jurisdiction of the state used for recreational boating, including rivers, streams, and natural or manmade lakes, ponds, and reservoirs.
Source: SL 2020, ch 181, § 1, eff. Feb. 26, 2020.
41-13A-2. Aquatic invasive species--Prohibitions--Violation as misdemeanor.
No person may possess, import, ship, or transport within this state any aquatic invasive species unless authorized by the commission in rules promulgated under § 41-2-18.
A violation of this section is a Class 2 misdemeanor. A second or subsequent violation of this section within one year is a Class 1 misdemeanor.
Source: SL 2020, ch 181, § 2, eff. Feb. 26, 2020; SL 2021, ch 186, § 4.
41-13A-3. Conveyance placement--Requirements--Violation as misdemeanor.
No person may place a conveyance, or cause a conveyance to be placed, into waters within this state without first meeting the requirements in § 41-13A-4 unless authorized by the commission in rules promulgated under § 41-2-18.
A violation of this section is a Class 2 misdemeanor. A second or subsequent violation of this section within one year is a Class 1 misdemeanor.
Source: SL 2020, ch 181, § 3, eff. Feb. 26, 2020; SL 2021, ch 186, § 5.
41-13A-4. Conveyance removal--Requirements--Violation as misdemeanor.
Any person removing a conveyance from waters shall, to the extent possible, do the following:
(1) Clean the conveyance by removing all visible organic material, including plants, animals, and mud;
(2) Drain the conveyance by removing any plug or other barrier that prevents water drainage and running any pumps on board to expunge water; and
(3) Comply with any other requirements and protocols for the cleaning, draining, and drying of a conveyance established by the commission in rules promulgated under § 41-2-18.
Failure to comply with the provisions of this section is a Class 2 misdemeanor. A second or subsequent violation of this section within one year is a Class 1 misdemeanor.
Source: SL 2020, ch 181, § 4, eff. Feb. 26, 2020; SL 2021, ch 186, § 6.
41-13A-5. Inspection stations--Required inspections--Violation as misdemeanor.
To prevent the introduction, importation, infestation, and spread of aquatic invasive species, the department may establish aquatic invasive species inspection stations at any location within the state including interstate borders, highways or other roads, locations adjacent to or near public waters, and at department offices. Any person with a conveyance is required to stop at an inspection station. The department shall receive approval from the Department of Transportation before establishing an inspection station along any road that is part of the state trunk system.
Failure to comply with the provisions of this section is a Class 2 misdemeanor. A second or subsequent violation of this section within one year is a Class 1 misdemeanor.
Source: SL 2020, ch 181, § 5, eff. Feb. 26, 2020.
41-13A-6. Inspection stations--Inspections--Decontamination.
At inspection stations established under § 41-13A-5, authorized department personnel may inspect the exterior of any conveyance for the presence of organisms or organic material that may harbor aquatic invasive species. Authorized personnel may examine any interior portion of a conveyance that may carry or transport water or organic material, including an engine, motor, live well, ballast tank, or bilge area. A law enforcement officer may stop a person with a conveyance at a location other than an inspection station if the person fails to stop at an inspection station or fails to comply with required inspection and decontamination procedures. During the inspection, personnel may also check for compliance with the requirements established in §§ 41-13A-2 to 41-13A-4, inclusive.
If any organisms or organic material that may harbor aquatic invasive species are found or suspected to be present as a result of the inspection, the department may decontaminate the conveyance or order the decontamination of the conveyance.
Source: SL 2020, ch 181, § 6, eff. Feb. 26, 2020.
41-13A-7. Law enforcement authority--Inspections--Decontamination.
A law enforcement officer may only stop a conveyance at a location other than an inspection station established under this chapter, and may only inspect the conveyance for the presence of organisms, or organic material that may harbor aquatic invasive species if the conveyance is visibly transporting organisms or organic material, including animals, plants, or mud, or the law enforcement officer otherwise reasonably believes, based on articulable facts, that the conveyance is in violation of any of the provisions of §§ 41-13A-2 through 41-13A-4. If a law enforcement officer conducts an inspection of a conveyance and finds the presence of organisms, organic material, or water, that may harbor aquatic invasive species, a law enforcement officer may do the following:
(1) Escort the conveyance to the nearest inspection station for immediate decontamination;
(2) Issue an order requiring the decontamination of the conveyance; or
(3) Detain the conveyance until the decontamination is complete.
Source: SL 2020, ch 181, § 7, eff. Feb. 26, 2020.
CHAPTER 41-14
POSSESSION, TRANSPORTATION AND SALE OF GAME AND FISH
41-14-1 Possession of unlawfully taken or imported bird, animal, or fish as misdemeanor.
41-14-2 Possession of protected bird, animal, or fish as prima facie evidence of state ownership.
41-14-3 Possession during closed season as prima facie evidence of taking during closed season--Burden of proof as to lawful taking.
41-14-4 Tagging required for public storage of game--Tagging requirements to be posted--Public storage defined--Violation as misdemeanor.
41-14-5 Service of game in public eating house during closed season as misdemeanor.
41-14-6 Service of game birds in public eating house permitted when obtained from authorized private sources.
41-14-7 Transportation of birds by common carrier prohibited except as provided--Violation as misdemeanor.
41-14-8 Carriage of small game on common carrier--Information required for shipment--Permit--Violation as misdemeanor.
41-14-9 41-14-9. Repealed by SL 1981, ch 295, § 3
41-14-10 Carriage of game bird by employee of common carrier as misdemeanor.
41-14-11 Possession of more than one big game animal as prima facie evidence of violation--Taxidermist excepted.
41-14-12 Sale, purchase, or barter of meat, organs, or paws of big game animal as misdemeanor.
41-14-13 41-14-13. Repealed by SL 2019, ch 191, § 2.
41-14-14 Tag required for big game transport--Violation as misdemeanor.
41-14-15 Licensee authorized to transport big game.
41-14-16 Tag required for big game transport--Common carrier.
41-14-17 Transportation permit required for transportation of big game by common carrier--Disposition of copies of permit.
41-14-18 Sale, shipment, or possession of raw skins of fur-bearing animals as misdemeanor except as provided.
41-14-19 Possession of raw skin as prima facie evidence of state ownership.
41-14-20 Possession of raw skin during closed season as prima facie evidence of taking during closed season--Burden of proof as to lawful taking.
41-14-21 Transportation of fur-bearing animal by common carrier prohibited except as provided--Violation as misdemeanor.
41-14-22 Storage and shipment of raw furs permitted during closed season to licensed dealers.
41-14-23 Records required of fur dealers--Open to inspection--Violation as misdemeanor.
41-14-24 41-14-24. Repealed by SL 2015, ch 213, § 2.
41-14-25 Sale or knowing purchase of fish as misdemeanor except as provided.
41-14-26 41-14-26 to 41-14-28. Repealed by SL 2000, ch 209, §§ 5 to 7
41-14-29 Sale and transportation of rough fish permitted.
41-14-30 41-14-30. Repealed by SL 1985, ch 324, § 7
41-14-31 41-14-31. Repealed by SL 1988, ch 334, § 9
41-14-32 Unlawful taking, possession, sale, or transportation of birds, animals, or fish as misdemeanor.
41-14-33 Transportation of lawfully taken big game animal prohibited unless tagged--Violation as misdemeanor.
41-14-34 Repealed by SL 2012, ch 201, § 4.
41-14-35 Taking baitfish without license as misdemeanor--Exception.
41-14-1. Possession of unlawfully taken or imported bird, animal, or fish as misdemeanor.
It is a Class 2 misdemeanor for any person to possess or control any bird, animal, or fish, or any part of any bird, animal, or fish, that has been unlawfully taken, caught, or killed in this or any other state or foreign country, or that has been unlawfully transported into this state.
It is a Class 1 misdemeanor for any person to possess or control any big game animal, or any part of any big game animal, that has been unlawfully taken, caught, or killed in any other state or foreign country, or that has been unlawfully transported into this state.
Source: SDC 1939, § 25.0415; SL 1977, ch 190, § 592; SL 1991, ch 337, § 80; SL 2009, ch 206, § 69.
41-14-2. Possession of protected bird, animal, or fish as prima facie evidence of state ownership.
The possession or control by any person of any bird, animal, or fish, or any part of any bird, animal, or fish, the killing of which is at any time prohibited, is prima facie evidence that the bird, animal, or fish was the property of this state at the time it was caught, taken, or killed, and that it was caught, taken, or killed in this state.
Source: SDC 1939, § 25.0416; SL 1969, ch 100; SL 2009, ch 206, § 70.
41-14-3. Possession during closed season as prima facie evidence of taking during closed season--Burden of proof as to lawful taking.
The possession or control by any person of any bird, animal, or fish at any time when the killing, taking, or possession of the bird, animal, or fish is unlawful is prima facie evidence that the taking or killing occurred during the closed season, unless the person in possession of the bird, animal, or fish shows that at the time it was caught, taken, or killed, it was lawfully caught, taken, or killed either within or without the state, and that the person was lawfully in possession of the bird, animal, or fish.
Source: SDC 1939, § 25.0416; SL 1969, ch 100; SL 2009, ch 206, § 71.
41-14-4. Tagging required for public storage of game--Tagging requirements to be posted--Public storage defined--Violation as misdemeanor.
No person may place into public storage any game bird, game fish, or game animal unless the game bird, game fish, or game animal has attached to it a tag showing the owner's name and address, the number and kind of bird, fish, or animal and the date the bird, fish, or animal is placed in storage. Any person who accepts into public storage any game bird, game fish, or game animal must post notice of the tagging requirements of this section in a conspicuous place adjacent to the public storage. For the purposes of this section, public storage is any business that stores game birds, game fish, or game animals for a fee or a convenience and has a South Dakota sales tax license. A violation of this section is a Class 2 misdemeanor.
Source: SDC 1939, § 25.0404 as added by SL 1941, ch 108; SL 1943, ch 93; SL 1947, ch 110; SL 1957, ch 104; SL 1992, ch 293, § 12; SL 2000, ch 209, § 2.
41-14-5. Service of game in public eating house during closed season as misdemeanor.
It is a Class 2 misdemeanor for any keeper of any public eating house to serve any guest or patron any game, the taking or killing of which is prohibited by law, during any of the periods when the taking or killing of the same is prohibited, except as provided by § 41-14-6.
Source: SDC 1939, § 25.0421; SL 1955, ch 82; SL 1967, ch 85, § 7; SL 1977, ch 190, § 593.
41-14-6. Service of game birds in public eating house permitted when obtained from authorized private sources.
The keeper of any public eating house may serve to any guest or patron in whole or in part Chinese ringneck or English pheasant produced by a licensee under § 41-6-31, and any game bird taken under chapter 41-10.
Source: SDC 1939, § 25.0421 as added by SL 1955, ch 82; SL 1967, ch 85, § 7.
41-14-7. Transportation of birds by common carrier prohibited except as provided--Violation as misdemeanor.
Except as permitted by statute, or rule of the Game, Fish and Parks Commission, it is a Class 2 misdemeanor for a common carrier, its officers, agents, or servants to ship, carry, take, or transport any resident or migratory bird either within or beyond the confines of this state.
Source: SDC 1939, § 25.0404; SL 1941, ch 108; SL 1943, ch 93; SL 1947, ch 110; SL 1957, ch 104; SL 1991, ch 337, § 81.
41-14-8. Carriage of small game on common carrier--Information required for shipment--Permit--Violation as misdemeanor.
Any person licensed under the provisions of chapter 41-6 may carry as personal baggage any small game or fish lawfully taken or possessed . No person may knowingly ship or receive for shipment by common carrier any small game or fish unless the container containing the small game or fish has affixed to the outside of the container a clearly visible statement containing the following information:
(1) The name, address, and license number of the person shipping the small game or fish;
(2) The number and species of all small game and fish in the container;
(3) The date of shipment; and
(4) The name and address of the person to whom the small game or fish has been shipped.
A person other than the licensee may transport small game or fish with a transportation and shipping permit. A permit may be obtained from a conservation officer or a designee without a charge. A violation of this section is a Class 2 misdemeanor.
Source: SDC 1939, § 25.0502; SL 1981, ch 295, § 1; SL 1991, ch 337, § 82; SL 2000, ch 209, § 3.
41-14-10. Carriage of game bird by employee of common carrier as misdemeanor.
It is a Class 2 misdemeanor for an employee of any common carrier to carry any game bird or part of any game bird on a common carrier either as baggage or otherwise while engaged in the course of his or her employment.
Source: SDC 1939, § 25.0503; SL 1977, ch 190, § 594; SL 2009, ch 206, § 72.
41-14-11. Possession of more than one big game animal as prima facie evidence of violation--Taxidermist excepted.
The possession of the carcasses, skins, heads, or antlers of more than one big game animal shall be considered prima facie evidence of the violation of the provisions of § 41-8-6, except when in the possession of a duly licensed taxidermist for stuffing and mounting.
Source: SDC 1939, § 25.0705; SL 1967, ch 89, § 4.
41-14-12. Sale, purchase, or barter of meat, organs, or paws of big game animal as misdemeanor.
It is a Class 1 misdemeanor to purchase, barter, or sell the meat, internal organs, or paws of any big game animal. However, any paws attached to the skin of a big game animal are not subject to the provisions of this section.
Source: SDC 1939, § 25.0704; SL 1955, ch 85; SL 1961, ch 121, § 1; SL 1977, ch 190, § 595; SL 1980, ch 285, § 4; SL 2007, ch 236, § 2; SL 2019, ch 191, § 1.
41-14-14. Tag required for big game transport--Violation as misdemeanor.
No big game animal taken in this state may be transported unless legally tagged, as required by rules promulgated pursuant to chapter 1-26 by the Department of Game, Fish and Parks. The big game must be legally tagged at the time the big game animal is brought out to a road or into any hunting camp, dwelling, farmyard, or other place of abode of any kind, or before it is placed upon or in a vehicle of any kind. A violation of this section is a Class 1 misdemeanor.
Source: SDC 1939, § 25.0701 as added by SL 1949, ch 98; SL 1953, ch 111; SL 1959, ch 121; SL 1967, ch 89, § 1; SL 1968, ch 102, § 1; SL 1977, ch 190, § 596; SL 1978, ch 158, § 70; SL 2009, ch 206, § 73; SL 2021, ch 187, § 1.
41-14-15. Licensee authorized to transport big game.
Any person to whom there has been issued a license to hunt big game may carry, ship, or transport any big game animal or part of any big game animal lawfully possessed by the person upon the conditions set forth in §§ 41-14-16 and 41-14-17.
Source: SDC 1939, § 25.0707; SL 1941, ch 120; SL 1961, ch 121, § 2; SL 2009, ch 206, § 74.
41-14-16. Tag required for big game transport--Common carrier.
If any big game is transported by a common carrier, to a point within or outside of this state, the animal must be legally tagged, as required by rules promulgated pursuant to chapter 1-26 by the Department of Game, Fish and Parks. No person may have in possession or as common carrier any big game animal without being legally tagged. No big game animal may be offered for shipment, shipped, or received for shipment by transportation companies unless legally tagged. The provisions of this section do not apply to any nondomestic animal regulated pursuant to § 40-3-26, as long as the animals are accompanied by a bill of sale or other proof of ownership.
Source: SDC 1939, § 25.0707 (2); SL 1941, ch 120; SDC Supp 1960, § 25.0707 (1); SL 1961, ch 121, § 2; SL 1967, ch 89, § 6; SL 1968, ch 102, § 2; SL 1983, ch 288, § 3; SL 1993, ch 311, § 7; SL 2021, ch 187, § 2.
41-14-17. Transportation permit required for transportation of big game by common carrier--Disposition of copies of permit.
If a part of any big game animal is transported by a common carrier to a location within or outside of this state, the licensee shall procure the permit provided by § 41-6-22. One of the triplicates of the permit shall be mailed to the secretary of game, fish and parks by the person issuing the permit, one delivered to the licensee, and the other retained by the person issuing the permit. The permit delivered to the licensee shall be attached to the part of the big game animal to be transported, and if the permit is attached as provided in this section, a common carrier may receive the part of big game animal for shipment.
Source: SDC 1939, § 25.0707 (3); SL 1941, ch 120; SDC Supp 1960, § 25.0707 (2); SL 1961, ch 121, § 2; SL 2009, ch 206, § 75.
41-14-18. Sale, shipment, or possession of raw skins of fur-bearing animals as misdemeanor except as provided.
Except as otherwise specifically provided it is a Class 2 misdemeanor for any person to buy, sell, ship, or have in possession out of season the raw skins of any protected fur-bearing animals, whether caught, taken, or killed without or within this state.
Source: SDC 1939, § 25.0808; SL 1977, ch 190, § 597.
41-14-19. Possession of raw skin as prima facie evidence of state ownership.
The possession or control by any person of the raw skin of any protected fur-bearing animal, or any part of any protected fur-bearing animal, is prima facie evidence that the animal was the property of this state at the time it was caught, taken, or killed and that the animal was caught, taken, or killed in this state.
Source: SDC 1939, § 25.0808; SL 2009, ch 206, § 76.
41-14-20. Possession of raw skin during closed season as prima facie evidence of taking during closed season--Burden of proof as to lawful taking.
The possession or control by any person of the raw skin of any protected fur-bearing animal, or any part of any protected fur-bearing animal, at any time when the killing, taking, or possession of such an animal is unlawful is prima facie evidence that the taking and killing occurred during the closed season, unless the person in possession of the animal shows that the animal was lawfully caught, taken, or killed and that the person is lawfully in possession of the raw skin.
Source: SDC 1939, § 25.0808; SL 2009, ch 206, § 77.
41-14-21. Transportation of fur-bearing animal by common carrier prohibited except as provided--Violation as misdemeanor.
It is a Class 2 misdemeanor for a person or corporation acting as a common carrier to ship, carry, take, or transport either within or beyond the confines of the state any protected fur-bearing animal except as permitted by this title or any fur-bearing animal regulated by the Animal Industry Board under Title 40.
Source: SDC 1939, § 25.0808; SL 1991, ch 337, § 83; SL 2007, ch 245, § 1.
41-14-22. Storage and shipment of raw furs permitted during closed season to licensed dealers.
Any licensed fur dealer may hold and store raw furs during closed season, and the agent of any common carrier may accept such furs for shipment at any time upon evidence that the consignor is duly licensed under the provisions of this title.
Source: SDC 1939, § 25.0805; SL 2009, ch 206, § 78.
41-14-23. Records required of fur dealers--Open to inspection--Violation as misdemeanor.
Each fur dealer licensee, licensed pursuant to the provisions of § 41-6-25, shall keep a permanent record of each purchase made. The purchase record shall show the kind of each skin purchased, the date and place of each purchase, the full name and address of the vendor, and the price paid. The record shall also contain copies of all invoices of sales made by the licensee. Each invoice shall disclose the kind of each skin sold, date and place of sale, the name and address of the purchaser, and the place and mode of shipment and delivery. The record is subject to inspection at all times by the secretary of game, fish and parks or any conservation officer or law enforcement officer. A violation of the provisions of this section by a licensee is a Class 2 misdemeanor.
Source: SDC 1939, § 25.0804; SL 1991, ch 337, § 84; SL 2015, ch 213, § 1.
41-14-25. Sale or knowing purchase of fish as misdemeanor except as provided.
It is a Class 2 misdemeanor to barter, sell, or offer for sale at any time or knowingly to purchase any fish taken or killed in any of the waters of this state except as provided in §§ 41-6-39 to 41-6-45, inclusive, §§ 41-13-9 to 41-13-11, inclusive, and § 41-14-29, and except for any lawfully-taken fish that has been mounted.
Source: SDC 1939, § 25.0603 as enacted by SL 1961, ch 120, § 2; SL 1977, ch 190, § 598; SL 1988, ch 339; SL 2009, ch 211, § 1.
41-14-29. Sale and transportation of rough fish permitted.
Rough fish legally taken, acquired, and possessed may be sold or transported or both, within or without the state unless otherwise provide by law.
Source: SDC 1939, § 25.0603 as enacted by SL 1961, ch 120, § 2; SL 2009, ch 206, § 79.
41-14-32. Unlawful taking, possession, sale, or transportation of birds, animals, or fish as misdemeanor.
No person may take, catch, kill, or possess; possess with intent to sell; sell, offer, or expose for sale; ship by common carrier, convey, or cause to be conveyed; or possess with intent to ship or convey to any point, either within or without this state, any bird, animal, or fish, or any part of any bird, animal, or fish, in violation of any state law or administrative rule. No common carrier or agent of a common carrier may aid or abet any person in shipping any such bird, animal, or fish, nor possess any such bird, animal, or fish with intent to ship or convey to any point either within or without this state contrary to law.
A violation of this section pertaining to any bird, animal, or fish other than a big game animal is a Class 2 misdemeanor for each bird, animal, or fish, or any part of any such bird, animal, or fish taken, caught, killed, sold, offered for sale, exposed for sale, possessed, possessed with intent to sell, shipped by common carrier, or transported to any point within or without this state in violation of law. A violation of this section pertaining to any big game animal is a Class 1 misdemeanor for each big game animal, or any part of any such big game animal, taken, caught, killed, sold, offered for sale, exposed for sale, possessed, possessed with intent to sell, shipped by common carrier, or transported to any point within or without this state in violation of law.
The total imprisonment for violations of this section which occur at the same time may not exceed one year.
Source: SDC 1939, § 25.9901; SL 1977, ch 190, § 602; SL 1986, ch 357; SL 1991, ch 337, § 85; SL 2009, ch 206, § 80.
41-14-33. Transportation of lawfully taken big game animal prohibited unless tagged--Violation as misdemeanor.
No person may transport within the jurisdiction of this state any big game animal lawfully taken outside of South Dakota or upon tribal or trust land of an Indian reservation unless the big game animal is properly and securely tagged with a tag supplied by the governmental entity issuing the license. A person transporting a big game animal without such tag is guilty of a Class 1 misdemeanor. If the governmental entity issuing the license does not issue a tag, other proof that the animal has been lawfully taken is necessary.
Source: SL 1982, ch 292.
41-14-34. Repealed by SL 2012, ch 201, § 4.
41-14-35. Taking baitfish without license as misdemeanor--Exception.
Except for lawful sport fishermen who may trap, seine, and possess up to twelve dozen baitfish for personal use, no person may seine or take baitfish from the waters of this state unless the person is licensed by the Department of Game, Fish and Parks in accordance with the provisions of this chapter. A violation of this section is a Class 1 misdemeanor.
Source: SL 1985, ch 324, § 9; SL 2009, ch 206, § 82.
CHAPTER 41-15
ENFORCEMENT POWERS AND PROCEDURES
41-15-1 Department to enforce game and fish laws.
41-15-2 Jurisdiction of courts and officers over boundary waters--Concurrent jurisdiction of adjoining states.
41-15-3 Law enforcement officers to enforce game and fish laws.
41-15-4 41-15-4, 41-15-5. Repealed by SL 1996, ch 254, §§ 1, 2
41-15-6 Inspection and counting of birds, animals, and fish to be permitted by person in possession--Stopping of motor vehicle or other conveyance for inspection.
41-15-7 Refusal to permit or interference with inspection as misdemeanor.
41-15-8 Repealed
41-15-9 41-15-9. Repealed by SL 1977, ch 190, § 604
41-15-10 Conservation officers authorized to execute process--Arrest without warrant--Assistance by peace officers--"Conservation officer" defined.
41-15-10.1 Law enforcement powers of conservation officers certified or appointed by law enforcement officers standards commission.
41-15-11 Summons issued to person arrested for misdemeanor--Release from custody on promise to appear--Bond required of nonresident.
41-15-12 41-15-12. Repealed by SL 1999, ch 214, § 2
41-15-13 Taking before magistrate on refusal of promise to appear on misdemeanor charge.
41-15-14 Seizure and disposition of contraband game and fish.
41-15-15 Seizure of hunting and fishing equipment for use as evidence--Return to defendant--Abandonment by failure to claim.
41-15-16 Repealed
41-15-16.1 Fish house or other shelter on ice of public waters--Seizure or destruction.
41-15-17 Search warrant for contraband bird, animal, fish, or skin--Execution of warrant.
41-15-18 Unlawfully possessed bird, animal, fish, skin, or container as contraband--Seizure by officer.
41-15-18.1 Repealed
41-15-19 Report to secretary of contraband seized.
41-15-20 Sale of contraband and abandoned property--Disposition of proceeds--Record of sales--Tagging of articles sold.
41-15-1. Department to enforce game and fish laws.
The Department of Game, Fish and Parks shall enforce the laws of this state involving the protection and propagation of all game animals, game birds, fish, and harmless birds and animals.
Source: SDC 1939, § 25.0107.
41-15-2. Jurisdiction of courts and officers over boundary waters--Concurrent jurisdiction of adjoining states.
For the purpose of enforcing any of the laws under this title and the rules promulgated pursuant to this title, the courts of this state, and the conservation officers of this state, have jurisdiction over the entire boundary waters of the state, to the furthermost shore line. Concurrent jurisdiction of the courts and administrative officers of the adjoining states of Minnesota, North Dakota, Montana, Wyoming, Iowa, and Nebraska over all boundary waters between such states and this state, and the whole of such boundary waters, is hereby recognized.
Source: SDC 1939, § 25.0424; SL 1965, ch 112; SL 2009, ch 206, § 83.
41-15-3. Law enforcement officers to enforce game and fish laws.
The state's attorney, sheriff, constables, and other peace officers shall enforce the game and fish laws of the state.
Source: SDC 1939, § 25.0119; SL 2009, ch 206, § 84.
41-15-6. Inspection and counting of birds, animals, and fish to be permitted by person in possession--Stopping of motor vehicle or other conveyance for inspection.
Any person who possesses any game bird, animal, or fish shall, upon the request of any person authorized to enforce the game and fish laws of the state, permit the inspection and count of the birds, animals, or fish. Any motor vehicle, pickup camper, camper, or any conveyance attached thereto, may be stopped for such an inspection and count by any uniformed law enforcement officer.
Source: SDC 1939, § 25.0418; SL 1967, ch 85, § 6; SL 1969, ch 100; SL 2009, ch 206, § 85.
41-15-7. Refusal to permit or interference with inspection as misdemeanor.
Any person who refuses to permit the inspection and count of any game birds, animals, or fish in the person's possession or who interferes with or obstructs any officer attempting to make such an inspection or count is guilty of a Class 2 misdemeanor.
Source: SDC 1939, § 25.9903; SL 1977, ch 190, § 603; SL 2009, ch 206, § 86.
41-15-10. Conservation officers authorized to execute process--Arrest without warrant--Assistance by peace officers--"Conservation officer" defined.
While performing their lawful duties assigned to them by the Department of Game, Fish and Parks, conservation officers and their supervisors have full power and authority to serve and execute all warrants and process of law issued by a court in enforcing the provisions of any law of the state in the same manner as any constable or sheriff may serve and execute the same. While performing their lawful duties assigned to them by the Department of Game, Fish and Parks, conservation officers and their supervisors have full power and authority to arrest, without a warrant, any person detected in the act of violating any laws of this state which they are authorized to enforce. For the purpose of enforcing the game, fish, parks, and boating laws, conservation officers and their supervisors may call to their aid any law enforcement officer or other persons, and all state's attorneys, law enforcement officers, and other persons shall, if called upon, enforce and aid in enforcing such laws. For purposes of this section the term, conservation officer, means any game, fish and parks employee whose duty is the enforcement of the game, fish, parks, and boating laws of this state.
Source: SDC 1939, § 25.0114; SL 1963, ch 134; SL 1973, ch 270; SL 2001, ch 235, § 1.
41-15-10.1. Law enforcement powers of conservation officers certified or appointed by law enforcement officers standards commission.
Any conservation officer, who is certified pursuant to §§ 23-3-39 to 23-3-45, inclusive, or has been appointed on a temporary or probationary basis as permitted by § 23-3-41, shall enforce every state statute:
(1) Which is a crime under Title 22;
(2) Which pertains to game, fish, parks, forestry, or boating;
(3) Which pertains to driving while intoxicated, reckless driving, or eluding an officer;
(4) Which is a crime under §§ 35-1-9.1 and 35-9-2 and occurs on property owned, managed, or leased by the Department of Game, Fish and Parks;
(5) Which is a crime under § 32-5-84.2;
(6) Which is a crime under § 32-20-6.6;
(7) Which is a crime under chapter 32-20A; and
(8) Which is a crime under chapter 34A-7.
While performing any duty pursuant to this section, a conservation officer is a law enforcement officer with the same authority as any other law enforcement officer.
Source: SL 1975, ch 264; SL 1982, ch 293; SL 1990, ch 336; SL 1995, ch 238; SL 1996, ch 193, § 2; SL 2001, ch 236, § 1.
41-15-11. Summons issued to person arrested for misdemeanor--Release from custody on promise to appear--Bond required of nonresident.
If any resident is arrested for a violation of any provision of this title, punishable as a misdemeanor, the arresting officer shall take the name and address of the person and information relative to the violation and issue the person a summons in writing to appear in court. The officer shall release the person from custody upon receiving from the person a written promise to appear at the time and place designated by the officer. A nonresident arrested for a violation of any provision of this title may be required to post bond in the amount set forth on the fine and bond schedule provided by the presiding circuit court judge, or in an amount set by a magistrate or judge for that offense, before being released from custody. Any person who intentionally violates the written promise to appear, given in accordance with the provisions of this section, is guilty of a Class 2 misdemeanor.
Source: SDC 1939, § 25.0114 as added by SL 1963, ch 134; SL 1964, ch 76; SL 1982, ch 294; SL 1999, ch 214, § 1; SL 2005, ch 227, § 1.
41-15-13. Taking before magistrate on refusal of promise to appear on misdemeanor charge.
Any person refusing to give written promise pursuant to § 41-15-11 to appear shall be taken immediately by the arresting officer to the nearest or most accessible magistrate.
Source: SDC 1939, § 25.0114 as added by SL 1963, ch 134; SL 1977, ch 190, § 605; SL 1991, ch 337, § 86.
41-15-14. Seizure and disposition of contraband game and fish.
The Department of Game, Fish and Parks has charge of the seizure and disposition of any game bird, game animal, and fish, taken, killed, transported, or possessed contrary to law.
Source: SDC 1939, § 25.0107 (6); SL 2009, ch 206, § 88; SL 2021, ch 188, § 2.
41-15-15. Seizure of hunting and fishing equipment for use as evidence--Return to defendant--Abandonment by failure to claim.
Any law enforcement officer may seize and hold, for the purpose of being used as evidence at any trial, any hunting and fishing equipment used in violation of the game and fish laws. Such equipment shall be returned to the defendant under the direction of the court or magistrate when its purpose as evidence has been fulfilled. Any property left in the possession of the court or any law enforcement officer for a period of one year after its purpose as evidence has been fulfilled is deemed abandoned.
Source: SDC 1939, § 25.0422 as added by SL 1963, ch 135, § 2; SL 1969, ch 100; SL 2009, ch 206, § 89.
41-15-16.1. Fish house or other shelter on ice of public waters--Seizure or destruction.
Any fish house, enclosure, or other sheltering structure left upon the ice of any public waters of this state for any twenty-four hour period of time after the removal date established by rules of the Game, Fish and Parks Commission is deemed abandoned property and may be seized, taken, or destroyed by the Department of Game, Fish and Parks unless prior approval is received from an authorized representative of the department granting a delay in removal. No liability is incurred by any employee or agent of the department acting pursuant to this section.
Source: SL 1984, ch 273, § 93; SL 1997, ch 237, § 2; SL 2001, ch 234, § 2.
41-15-17. Search warrant for contraband bird, animal, fish, or skin--Execution of warrant.
Any court having jurisdiction may, on complaint showing probable cause for believing that any bird, animal, fish, or skin of fur-bearing animals or any part of any such bird, animal, fish, or skin, caught, taken, killed, possessed, or controlled by any person, or shipped or transported by any person, contrary to law is concealed or illegally kept in any building, motor vehicle, or receptacle, issue a search warrant and cause a search to be made in any such place for any such bird, animal, fish, or skin, or any part of any such bird, animal, fish, or skin. The court may cause any building, enclosure, or motor vehicle to be entered, and any compartment, chest, box, locker, crate, basket, package, or other receptacle to be opened and the contents examined.
Source: SDC 1939, § 25.0422; SL 1963, ch 135, § 2; SL 1967, ch 85, § 8; SL 1969, ch 100; SL 2009, ch 206, § 90.
41-15-18. Unlawfully possessed bird, animal, fish, skin, or container as contraband--Seizure by officer.
Any bird, animal, fish, or the skin of any fur-bearing animal, or any part of any such bird, animal, fish, or skin, caught, killed, shipped, possessed, or controlled, contrary to any of the provisions of this title or any rules of the Game, Fish and Parks Commission, and any compartment, chest, box, locker, crate, basket, package, or other similar receptacle or similar contrivance in which any such bird, animal, fish, or skin is kept, or concealed, unless otherwise expressly excepted by law, are deemed contraband. Any conservation officer or law enforcement officer shall seize and take possession of the contraband pending action by a court of competent jurisdiction.
Source: SDC 1939, § 25.0422; SL 1963, ch 135, § 2; SL 1967, ch 85, § 8; SL 1969, ch 100; SL 2009, ch 206, § 91; SL 2021, ch 188, § 4.
41-15-18.1. Repealed.
Source: SDC 1939, § 25.0422 as added by SL 1969, ch 100; SL 2009, ch 206, § 92; SL 2021, ch 188, § 5.
41-15-19. Report to secretary of contraband seized.
All such officers taking or seizing any of the things defined in § 41-15-18 to be contraband shall without unnecessary delay report all of the facts attending such seizure to the secretary of game, fish and parks.
Source: SDC 1939, § 25.0422; SL 1963, ch 135, § 2; SL 1967, ch 85, § 8; SL 1969, ch 100; SL 2021, ch 188, § 6.
41-15-20. Sale of contraband and abandoned property--Disposition of proceeds--Record of sales--Tagging of articles sold.
The secretary of game, fish and parks may sell at the highest market price obtainable any fur, fish, game animal, game bird, hunting equipment, fishing equipment, and other contraband that is abandoned or is deemed contraband as provided in §§ 41-15-15 to 41-15-18, inclusive. The proceeds of the sales shall be turned into the state treasury and credited to the Department of Game, Fish and Parks fund. A record of the sales, including the name of the purchaser and the purchase price paid, shall be kept by the secretary. The secretary shall, before sale, tag the items to be sold in a manner to be determined by the secretary.
Source: SDC 1939, § 25.0121; SL 1963, ch 135, § 1; SL 2009, ch 206, § 93; SL 2021, ch 188, § 7.
41-15A-1
Compact entry by participating states--Form.
41-15A-2
Purpose of chapter and compact.
41-15A-3
Definitions.
41-15A-4
Enforcement by Department of Game, Fish and Parks.
41-15A-5
Issuance of wildlife violation citation to resident of participating state--Collateral not
required to secure appearance--Exceptions.
41-15A-6
Personal recognizance.
41-15A-7
Noncompliance with wildlife citation terms--Report to licensing authority of issuing
state.
41-15A-8
Issuing state to transmit information on noncompliance to violator's home state--Form and content.
41-15A-9
Notification of failure to comply with citation--Period to comply--Suspension of
privileges--Due process--Record.
41-15A-10
Notification of privileges suspension--Hearing upon request--Procedure.
41-15A-11
Powers of commission at hearing--Authority to affirm, modify, or rescind suspension
of privileges.
41-15A-12
Suspension effective upon failure to request hearing or affirmation of suspension--Surrender of license.
41-15A-13
Recognition of suspension of license privileges by participating states.
41-15A-14
Suspension information communicated to other participating states--Form and
content.
41-15A-15
Authority to suspend privileges in home state upon receipt of notice of suspension
by participating state--Notification--Surrender of license.
41-15A-16
Effect of compact on right of participating states to apply license privilege laws or
enter into agreements.
41-15A-17
Board of compact administrators--Appointment of compact administrators--Alternate.
41-15A-18
Voting by board--Majority for binding action--Quorum.
41-15A-19
Board election of presiding officer and vice presiding officer.
41-15A-20
Bylaws adoption, amendment, and rescission.
41-15A-21
Donations and grants--Acceptance, use, and disposal.
41-15A-22
Board authority to contract or accept services or personnel.
41-15A-23
Compact manual to contain all procedures and forms adopted by board.
41-15A-24
Effective date of compact.
41-15A-25
Entry into compact by resolution of ratification--Approval by commission.
41-15A-26
Form and content of resolution.
41-15A-27
Effective date of entry into compact--Limitations.
41-15A-28
Withdrawal from compact participation--Notice--Effective date.
41-15A-29
Commission authorized to enter or withdraw from compact.
41-15A-30
Amendments authorized--Presentation in resolution form initiated by participating
states.
41-15A-31
Adoption of amendment--Effective date.
41-15A-32
Failure to respond after receipt of proposed amendment--Endorsement.
41-15A-33
Commission authorized to adopt amendments.
41-15A-34
Construction of compact--Severability of provisions.
41-15A-1. Compact entry by participating states--Form.
An interstate wildlife violator compact is entered with all states legally joining the compact in the form substantially as contained in this chapter.
Source: SL 2004, ch 267, § 1.
41-15A-2. Purpose of chapter and compact.
The purpose of this chapter and compact is to provide a means through which participating states may join in a reciprocal program to provide for the fair and impartial treatment of wildlife violators operating within participating states in recognition of the violator's right to due process and the sovereign status of a participating state.
Source: SL 2004, ch 267, § 2.
41-15A-3. Definitions.
Terms used in this chapter and compact mean:
(1) "Citation," any summons, complaint, summons and complaint, ticket, penalty assessment, or other official document that is issued to a person by a wildlife officer or other peace officer for a wildlife violation and that contains an order requiring the person to respond;
(2) "Collateral," any cash or other security deposited to secure an appearance for trial in connection with the issuance by a wildlife officer or other peace officer of a citation for a wildlife violation;
(3) "Compliance," with respect to a citation, the act of answering a citation through an appearance in a court or tribunal, or through the payment of fines, costs, and surcharges, if any;
(4) "Conviction," a conviction, including any court conviction, for any offense that is related to the preservation, protection, management, or restoration of wildlife and that is prohibited by state statute, law, regulation, ordinance, or administrative rule. The term also includes the forfeiture of any bail, bond, or other security deposited to secure appearance by a person charged with having committed any such offense, the payment of a penalty assessment, a plea of nolo contendere, and the imposition of a deferred or suspended sentence by the court;
(5) "Court," a court of law, including magistrate's court and the justice of the peace court, if any;
(6) "Home state," the state of primary residence of a person;
(7) "Issuing state," the participating state that issues a wildlife citation to a violator;
(8) "License," any license, permit, or other public document that conveys to the person to whom it was issued the privilege of pursuing, possessing, or taking any wildlife regulated by statute, law, regulation, ordinance, or administrative rule of a participating state;
(9) "Licensing authority," the department or division within each participating state that is authorized by law to issue or approve licenses or permits to hunt, trap, fish, or possess wildlife;
(10) "Participating state," any state that enacts legislation to become a member of this wildlife compact;
(11) "Personal recognizance," an agreement by a person made at the time of issuance of the wildlife citation that such person will comply with the terms of the citation;
(12) "State," any state, territory, or possession of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the provinces of Canada, and other countries;
(13) "Suspension," any revocation, denial, or withdrawal of any or all license privileges, including the privilege to apply for, purchase, or exercise the benefits conferred by any license;
(14) "Terms of the citation," those conditions and options expressly stated in the citation;
(15) "Wildlife," all species of animals including mammals, birds, fish, reptiles, amphibians, mollusks, and crustaceans, which are defined as wildlife and are protected or otherwise regulated by statute, law, regulation, ordinance, or administrative rule in a participating state. Species included in the definition of wildlife for purposes of this compact are based on state or local law;
(16) "Wildlife law," any statute, law, regulation, ordinance, or administrative rule developed and enacted for the management of wildlife resources and the uses thereof;
(17) "Wildlife officer," any individual authorized by a participating state to issue a citation for a wildlife violation;
(18) "Wildlife violation," any cited violation of a statute, law, regulation, ordinance, or administrative rule developed and enacted for the management of wildlife resources and the uses thereof.
Source: SL 2004, ch 267, § 3.
41-15A-4. Enforcement by Department of Game, Fish and Parks.
The Department of Game, Fish and Parks shall enforce the interstate wildlife violator compact and shall do all things within the department's jurisdiction that are necessary to effectuate the purposes and the intent of the compact.
Source: SL 2004, ch 267, § 4.
41-15A-5. Issuance of wildlife violation citation to resident of participating state--Collateral not required to secure appearance--Exceptions.
When issuing a citation for a wildlife violation, a wildlife officer may issue a citation to any person whose primary residence is in a participating state in the same manner as though the person was a resident of the issuing state and may not require such person to post collateral to secure appearance, subject to the exceptions noted in § 41-15A-6, if the officer receives the recognizance of such person that the person will comply with the terms of the citation.
Source: SL 2004, ch 267, § 5.
41-15A-6. Personal recognizance.
Personal recognizance is acceptable:
(1) If not prohibited by state or local law or the compact manual; and
(2) If the violator provides adequate proof of identification to the wildlife officer.
Source: SL 2004, ch 267, § 6.
41-15A-7. Noncompliance with wildlife citation terms--Report to licensing authority of issuing state .
If a person fails to comply with the terms of a wildlife citation, the person's failure to comply shall be reported to the licensing authority of the issuing state. The report shall be made in accordance with procedures specified by the issuing state and shall contain information as specified in the compact manual as minimum requirements for effective processing by the licensing authority of the violator's home state.
Source: SL 2004, ch 267, § 7.
41-15A-8. Issuing state to transmit information on noncompliance to violator's home state--Form and content.
Upon receipt of the report of noncompliance pursuant to § 41-15A-7, the licensing authority of the issuing state shall transmit to the licensing authority of the violator's home state information related to the failure of the violator to comply with the terms of a citation in the form and content as prescribed in the compact manual.
Source: SL 2004, ch 267, § 8.
41-15A-9. Notification of failure to comply with citation--Period to comply--Suspension of privileges--Due process--Record.
Upon receipt of a report from the licensing authority of the issuing state reporting the failure of a violator to comply with the terms of a citation, the licensing authority of the violator's home state shall notify the violator of the failure to comply through personal contact by a wildlife officer or in writing by certified mail. The notice shall afford the violator a period of thirty consecutive days to comply with the terms of the citation. The thirty-day period shall commence from the date of personal contact or from the date of mailing of the notice by certified mail. If the violator fails to comply with the terms of the citation within the thirty-day period, the licensing authority of the home state may then suspend the violator's hunting, trapping, or fishing privileges until satisfactory evidence of compliance with the terms of the citation has been furnished by the issuing state to the home state licensing authority. Due process safeguards shall be accorded and the licensing authority of the home state shall maintain a record of actions taken and shall make reports to issuing states as provided in the compact manual.
Source: SL 2004, ch 267, § 9.
41-15A-10. Notification of privileges suspension--Hearing upon request--Procedure.
Upon suspending the hunting, trapping, or fishing privileges of any person pursuant to §§ 41-15A-8 and 41-15A-9, the licensing authority of the home state shall notify the person in writing by certified mail. Within twenty days following mailing of the notice of suspension, the person may request a hearing before the South Dakota Game, Fish and Parks Commission on whether the requirements for suspension have been met. Upon request of the person, the commission shall set a hearing as early as practicable. The requesting person may present evidence and arguments at the hearing contesting whether the person failed to comply with the terms of a citation issued for a wildlife violation in a participating state. Grounds other than those listed in this section may not be used to contest the licensing authority's decision to suspend the person's privileges.
Source: SL 2004, ch 267, § 10.
41-15A-11. Powers of commission at hearing--Authority to affirm, modify, or rescind suspension of privileges.
At the hearing, the commission, through its authorized agent, may:
(1) Administer oaths;
(2) Issue subpoenas for the attendance of witnesses; and
(3) Admit all relevant evidence and documents, including notifications from participating states.
Following the hearing, the commission, through its authorized agent, may, based on the evidence, affirm, modify, or rescind the suspension of privileges.
Source: SL 2004, ch 267, § 11.
41-15A-12. Suspension effective upon failure to request hearing or affirmation of suspension--Surrender of license.
If the person fails to request a hearing within twenty days of mailing of the notice of suspension, or if the suspension of hunting, trapping, or fishing privileges is affirmed by the commission or its authorized agent following a required hearing, the suspension of hunting, trapping, or fishing privileges shall become effective and the person shall surrender any current South Dakota hunting, trapping, or fishing license to the licensing authority within fourteen days.
Source: SL 2004, ch 267, § 12.
41-15A-13. Recognition of suspension of license privileges by participating states.
All participating states may recognize the suspension of license privileges of any person by any participating state as though the violation resulting in the suspension had occurred in their state and could have been the basis for suspension of license privileges in their state.
Source: SL 2004, ch 267, § 13.
41-15A-14. Suspension information communicated to other participating states--Form and content.
Each participating state shall communicate suspension information to other participating states in form and content as contained in the compact manual.
Source: SL 2004, ch 267, § 14.
41-15A-15. Authority to suspend privileges in home state upon receipt of notice of suspension by participating state--Notification--Surrender of license.
If the licensing authority of the home state receives notice of the suspension of a person's hunting, trapping, or fishing privileges by a participating state, the licensing authority may suspend the person's hunting, trapping, or fishing privileges in the home state for the same duration as imposed by the participating state in accordance with § 41-6-75.1. The licensing authority of the home state shall notify the person of the suspension of hunting, trapping, or fishing privileges in writing and direct the person to surrender any current South Dakota hunting, trapping, or fishing license to the licensing authority within fourteen days.
Source: SL 2004, ch 267, § 15.
41-15A-16. Effect of compact on right of participating states to apply license privilege laws or enter into agreements.
Except as expressly required by this compact, nothing in this compact may be construed to affect the right of any participating state to apply any of its laws relating to license privileges to any person or circumstance or to invalidate or prevent any agreement or other cooperative arrangement between a participating state and a nonparticipating state concerning wildlife law enforcement.
Source: SL 2004, ch 267, § 16.
41-15A-17. Board of compact administrators--Appointment of compact administrators--Alternate.
For the purposes of administering this chapter and compact and to serve as a governing body for the resolution of all matters relating to the operation of this compact, a board of compact administrators is established. The board is composed of one representative from each of the participating states to be known as the compact administrator. The compact administrator shall be appointed by the head of the licensing authority of each participating state and serves and is subject to removal in accordance with the laws of the state that the compact administrator represents. A compact administrator may provide for the discharge of duties and the performance of functions as a board member by an alternate. An alternate is not entitled to serve unless written notification of the identity of the alternate has been given to the board.
Source: SL 2004, ch 267, § 17.
41-15A-18. Voting by board--Majority for binding action--Quorum.
Each member of the board of compact administrators is entitled to one vote. No action of the board is binding unless taken at a meeting at which a majority of the total number of the board's votes are cast in favor of the action. Action by the board may be only at a meeting at which a majority of the participating states is represented.
Source: SL 2004, ch 267, § 18.
41-15A-19. Board election of presiding officer and vice presiding officer.
The board shall elect annually from its membership a presiding officer and a vice presiding officer.
Source: SL 2004, ch 267, § 19.
41-15A-20. Bylaws adoption, amendment, and rescission.
The board shall adopt bylaws consistent with the provisions of this chapter and compact or the laws of a participating state for the conduct of its business and may amend and rescind its bylaws.
Source: SL 2004, ch 267, § 20.
41-15A-21. Donations and grants--Acceptance, use, and disposal.
The board may accept for any of its purposes and functions under this compact any and all donations and grants of money, equipment, supplies, materials, and services, conditional or otherwise, from any state, the United States, or any governmental agency, and receive, utilize, and dispose of the same.
Source: SL 2004, ch 267, § 21.
41-15A-22. Board authority to contract or accept services or personnel.
The board may contract with, or accept services or personnel from, any governmental or intergovernmental agency, individual, firm, or corporation, or any private nonprofit organization or institution.
Source: SL 2004, ch 267, § 22.
41-15A-23. Compact manual to contain all procedures and forms adopted by board.
The board shall formulate all necessary procedures and develop uniform forms and documents for administering the provisions of this compact. All procedures and forms adopted pursuant to board action must be contained in a compact manual.
Source: SL 2004, ch 267, § 23.
41-15A-24. Effective date of compact.
This compact becomes effective at such time as it is adopted in a substantially similar form by two or more states.
Source: SL 2004, ch 267, § 24.
41-15A-25. Entry into compact by resolution of ratification--Approval by commission.
Entry into the compact shall be made by resolution of ratification approved by the South Dakota Department of Game, Fish and Parks Commission and submitted to the presiding officer of the board.
Source: SL 2004, ch 267, § 25.
41-15A-26. Form and content of resolution.
The resolution shall substantially be in the form and content as provided in the compact manual and shall include the following:
(1) A citation of the authority from which the state is empowered to become a party to this compact;
(2) An agreement of compliance with the terms and provisions of this compact; and
(3) An agreement that compact entry is with all states participating in the compact and with all additional states legally becoming a party to the compact.
Source: SL 2004, ch 267, § 26.
41-15A-27. Effective date of entry into compact--Limitations.
The effective date of entry shall be specified by the applying state but may not be less than sixty days after notice has been given by the presiding officer of the board of the compact administrators or by the secretariat of the board to each participating state that the resolution from the applying state has been received.
Source: SL 2004, ch 267, § 27.
41-15A-28. Withdrawal from compact participation--Notice--Effective date.
A participating state may withdraw from participation in this compact by official written notice to each participating state. Withdrawal does not become effective until ninety days after the notice of withdrawal is given. The notice shall be directed to the compact administrator of each member state. Withdrawal of any state does not affect the validity of this compact as to the remaining participating states.
Source: SL 2004, ch 267, § 28.
41-15A-29. Commission authorized to enter or withdraw from compact.
The South Dakota Department of Game, Fish and Parks Commission is authorized on behalf of the state to enter or withdraw from the interstate wildlife violator compact pursuant to the terms of §§ 41-15A-24, 41-15A-25, and 41-15A-26.
Source: SL 2004, ch 267, § 29.
41-15A-30. Amendments authorized--Presentation in resolution form initiated by participating states.
This compact may be amended. Amendments shall be presented in resolution form to the presiding officer of the board of the compact administrators and shall be initiated by one or more participating states.
Source: SL 2004, ch 267, § 30.
41-15A-31. Adoption of amendment--Effective date.
Adoption of an amendment requires endorsement by all participating states and becomes effective thirty days after the date of the last endorsement.
Source: SL 2004, ch 267, § 31.
41-15A-32. Failure to respond after receipt of proposed amendment--Endorsement.
Failure of a participating state to respond to the compact presiding officer within one hundred twenty days after receipt of a proposed amendment constitutes endorsement of the amendment.
Source: SL 2004, ch 267, § 32.
41-15A-33. Commission authorized to adopt amendments.
The South Dakota Department of Game, Fish and Parks Commission is authorized to adopt amendments to the interstate wildlife violator compact pursuant to the terms of sections §§ 41-15A-30, 41-15A-31, and 41-15A-32.
Source: SL 2004, ch 267, § 33.
41-15A-34. Construction of compact--Severability of provisions.
This compact shall be liberally construed so as to effectuate its intended purposes. The provisions of this compact are severable, and if any phrase, clause, sentence, or provision of this compact is declared to be contrary to the constitution of any participating state or the United States, or the applicability thereof to any government, agency, individual, or circumstance is held invalid, the validity of the remainder of the compact is not affected thereby. If this compact is held contrary to the constitution of any participating state, the compact remains in full force and effect as to the remaining states and in full force and effect as to the participating state affected as to all severable matters.
Source: SL 2004, ch 267, § 34.
41-16-1
Transferred.
41-16-1.1
Transferred.
41-16-2, 41-16-3. Transferred.
41-16-4 to 41-16-6. Transferred.
41-16-7
Transferred.
41-16-8 to 41-16-10. Repealed.
41-16-11
Distribution to counties of federal payments from Black Hills National Forest.
41-16-12
Payment to Harding County of receipts from Custer National Forest.
41-16-13
Maximum national forest receipts paid to counties.
41-16-14
Annual determination and payment of amounts due counties from national forests--Use for roads and schools.
41-16-15
Apportionment among school districts and funds of county receipts from national
forests.
41-16-11. Distribution to counties of federal payments from Black Hills National Forest.
All money received from the forest service of the United States under the Agricultural Act approved June 30, 1906, as receipts from the Black Hills National Forest, shall be distributed annually to the counties of Lawrence, Meade, Pennington, Custer, and Fall River, for the benefit of the public roads and public schools of such counties, in proportion to the area of such Black Hills National Forest in each county.
Source: SDC Supp 1960, § 25.1310 as enacted by SL 1966, ch 73, § 2.
41-16-12. Payment to Harding County of receipts from Custer National Forest.
All money received by the state treasurer as a percentage of the gross receipts, from the Custer National Forest shall be annually paid to Harding County for the benefit of the public roads and public schools of such county.
Source: SDC Supp 1960, § 25.1310 as enacted by SL 1966, ch 73, § 2.
41-16-13. Maximum national forest receipts paid to counties.
No payment to any county pursuant to §§ 41-16-11 and 41-16-12 may exceed forty percent of the total income of the county, from all sources.
Source: SDC Supp 1960, § 25.1310 as enacted by SL 1966, ch 73, § 2; SL 2009, ch 206, § 95.
41-16-14. Annual determination and payment of amounts due counties from national forests--Use for roads and schools.
The state auditor shall annually, after the receipt of the funds referred to in §§ 41-16-11 and 41-16-12, determine the amount due each county and forward to the treasurer of each county entitled to receive payment a warrant for the county's proportion of the funds. One-half of the payment shall be used for the improvement of public roads and one-half for the public schools.
Source: SDC Supp 1960, § 25.1310 as enacted by SL 1966, ch 73, § 2; SL 2009, ch 206, § 96.
41-16-15. Apportionment among school districts and funds of county receipts from national forests.
Such part of the funds paid to any county under § 41-16-14 and apportioned for the use of the public schools shall be divided among such school districts of the county as include lands which are a part of the forest reserve, in proportion to the area of forest reserve lands in such school district.
Source: SDC Supp 1960, § 25.1310 as enacted by SL 1966, ch 73, § 2; SL 1971, ch 241.
CHAPTER 41-17
STATE PARKS
41-17-1 State parks--Enumeration.
41-17-1.1 Rules for administration, management, and development of state park system--Violation as misdemeanor.
41-17-2 Legislative adoption required for new state park.
41-17-3 Repealed by SL 2012, ch 201, § 5.
41-17-4 Construction and acquisition of recreational facilities within parks and recreational areas.
41-17-5 Revenue bonds authorized for recreational facilities in parks--Terms of bonds--Maximum amount.
41-17-6 Pledge of revenues as security for bonds--Apportionment of revenue when existing facilities improved.
41-17-7 Bond recital as to sources of payment--Disclaimer of state obligation.
41-17-8 Sale of revenue bonds--Terms--Negotiability.
41-17-9 Bond obligation restricted to revenues pledged.
41-17-10 Assistance in maintenance of Custer County schools--Maximum amounts.
41-17-11 Agreements for use of Custer State Park by National Guard--Lease authorized.
41-17-11.1 Repealed.
41-17-11.2 Repealed.
41-17-11.3 Repealed.
41-17-11.4 Repealed.
41-17-11.5 Repealed.
41-17-12 New highways, roads, and trails in state parks--Violation as misdemeanor.
41-17-13 Park license--Lakeside use and state recreation areas--Fees--Promulgation of rules.
41-17-13.1 41-17-13.1. Repealed by SL 1972, ch 228, § 4
41-17-13.2 Exemptions from park license requirement.
41-17-13.3 Campground permit or charges not included in park license.
41-17-13.4 Free admission and reduced fees for certain veterans.
41-17-14 Use of fees from park licenses--Land purchase prohibited.
41-17-14.1 Camping permits--Issuance--Use of fees.
41-17-15 Deposit and use of park service fees.
41-17-16 41-17-16. Repealed by SL 1984, ch 273, § 9
41-17-17 41-17-17. Repealed by SL 1985, ch 329
41-17-18 Hunting and trapping in Custer State Park as misdemeanor.
41-17-18.1 Permitting dogs at large as misdemeanor.
41-17-19 41-17-19, 41-17-20. Repealed by SL 1984, ch 273, §§ 11, 12
41-17-21 Parks and recreation fund created--Expenditure.
41-17-22 41-17-22. Repealed by SL 2004, ch 334, § 13
41-17-22.1 Imposition of promotion fee on concessionaires--Exemption from taxation--Deposit and use.
41-17-22.2 Classification of concession rights, privileges, and leasehold interest for taxation--Exemptions.
41-17-22.3 41-17-22.3. Repealed by SL 2009, ch 206, § 105.
41-17-22.4 Procedure for sale, assignment, or transfer of concessionaire leases.
41-17-22.5 Custer State Park bond redemption fund created--Expenditures.
41-17-22.6 Amount of revenue from concession contracts deposited in Custer State Park fund.
41-17-23 Grazing on state park or game preserve without permit as misdemeanor.
41-17-24 Failure to close gate in park or game preserve as misdemeanor.
41-17-25 41-17-25. Repealed by SL 1997, ch 239, § 4
41-17-26 Department required to fence land used for rails to trails program.
41-17-27 Certain motor vehicles prohibited from Black Hills Burlington Northern Heritage Trail--Violation as misdemeanor.
41-17-28 Golf carts used within state parks or recreation areas.
41-17-1. State parks--Enumeration.
The state parks existing in South Dakota are as follows:
(1) Bear Butte State Park, located in Meade County;
(2) Custer State Park, located in Custer County;
(3) Fort Sisseton State Park, located in Marshall County;
(4) Hartford Beach State Park, located in Roberts County;
(5) Newton Hills State Park, located in Lincoln County;
(6) Oakwood State Park, located in Brookings County;
(7) Roy Lake State Park, located in Marshall County;
(8) Union Grove State Park, located in Union County;
(9) Lake Herman State Park, located in Lake County;
(10) Sica Hollow State Park, located in Roberts and Marshall counties;
(11) Fisher Grove State Park, located in Spink County;
(12) Palisades State Park, located in Minnehaha County; and
(13) Good Earth State Park at Blood Run, located in Lincoln County.
Source: SDC Supp 1960, § 25.1311 as enacted by SL 1966, ch 73, § 2; SL 1968, ch 106; SL 1972, ch 229; SL 1973, ch 271; SL 1997, ch 238, § 1; SL 2001, ch 237, § 1; SL 2013, ch 214, § 1.
41-17-1.1. Rules for administration, management, and development of state park system--Violation as misdemeanor.
The Game, Fish and Parks Commission may adopt such rules as may be necessary to establish uniform procedures for the administration, management, and development of the state park system. The state park system includes all lands and waters owned, leased, or controlled by the Department of Game, Fish and Parks and designated as a state park, a state recreation area, a state nature area, a state lakeside use area, or a state recreational trail. Such rules may be adopted in the following areas:
(1) Management and control of public use of all lands, structures, and waters in the state park system;
(2) Issuance, display, inspection, and expiration of park entrance licenses;
(3) Management, control, and protection of the natural, historical, archaeological, and geological resources in the state park system, if the rules do not conflict with chapters 1-19A and 1-20;
(4) Management, control, and protection of wild and domestic animals in the state park system;
(5) Regulate the operation of all vehicles, on and off roads, in the state park system;
(6) Granting, termination, management, and development of easements, leases, or permits authorizing the commercial or noncommercial use of land, buildings, cabins, mobile homes, and docks or dock systems in the state park system;
(7) Issuance and administration of camping permits and the establishment and collection of fees for camping permits and for other park services in the state park system, if the fees and procedures are not set by statute;
(8) Control and prohibit the type, location and use of uncased firearms and bows in the state park system;
(9) Fees for licenses to permit the harvest within Custer State Park of surplus animals including but not limited to mountain goat, bighorn sheep, elk, bison, and coyote;
(10) Fees for special events held within a unit of the state park system.
The rules shall be adopted pursuant to chapter 1-26 and shall be in accordance with the provisions of this chapter. A violation of the substantive provision of any rule authorized by this chapter relating to prohibited use of lands, structures, buildings, cabins, mobile homes, docks, waters, and resources in the state park system, park entrance license and camping permit requirements, regulation of wild and domestic animals in the state park system, prohibited operation of vehicles within the state park system, and prohibitions of the use of firearms and bows in the state park system is a Class 2 misdemeanor. If the same incident is a violation of statute and of the rules authorized by this chapter, only the penalty authorized for the violation of the statute may be imposed.
Source: SL 1984, ch 273, § 1; SL 1988, ch 340, § 1; SL 1993, ch 316, § 1; SL 1994, ch 324, § 1, 2.
41-17-2. Legislative adoption required for new state park.
No state park may hereafter be designated or created except by the designation and creation as a state park by the Legislature.
Source: SDC Supp 1960, § 25.1311 as enacted by SL 1966, ch 73, § 2; SL 2009, ch 206, § 97.
41-17-3. Repealed by SL 2012, ch 201, § 5.
41-17-4. Construction and acquisition of recreational facilities within parks and recreational areas.
The Department of Game, Fish and Parks may, with the approval of the Governor and commissioner of human resources and administration, purchase, construct, or otherwise acquire, or contract for the feasibility survey, construction, completion, equipping, or furnishing of any recreational or parks facility within any state park or state recreation area if the Game, Fish and Parks Commission deems the facility to be necessary and feasible.
Source: SL 1959, ch 108, § 3; SDC Supp 1960, § 25.0127; SL 1970, ch 241, § 1; SL 2009, ch 206, § 98; SL 2024, ch 1 (Ex. Ord. 24-1), §§ 13, 34, eff. Apr. 8, 2024.
41-17-5. Revenue bonds authorized for recreational facilities in parks--Terms of bonds--Maximum amount.
To accomplish the provisions and purposes of § 41-17-4, the Department of Game, Fish and Parks may issue revenue bonds in such amounts as the Game, Fish and Parks Commission deems necessary. The bonds shall be authorized by resolution of the commission and approved by the Governor. The bonds may be at the option of the commission callable for payment before maturity; and the call provision, if any, shall be stated in the bond. The face amount of any bond authorized pursuant to this section may not exceed the sum of two million dollars. The bonds, subject to the provisions of the resolution or a subsequent resolution, may:
(1) Be issued in one or more series;
(2) Bear a date specified in the resolution;
(3) Mature at a time specified in the resolution not exceeding twenty years from the date;
(4) Be in a form and be executed in a manner specified in the resolution;
(5) Be payable in a medium and at a place specified in the resolution;
(6) Be subject to terms of redemption specified in the resolution; and
(7) Contain terms, covenants, and conditions as specified in the resolution.
Source: SL 1959, ch 108, §§ 4, 6; SDC Supp 1960, §§ 25.0128, 25.0129; SL 1970, ch 241, § 2; SL 2009, ch 206, § 99.
41-17-6. Pledge of revenues as security for bonds--Apportionment of revenue when existing facilities improved.
The Game, Fish and Parks Commission may pledge park license receipts and any revenues derived from the operation of any recreational facility constructed with income derived from the issuance of the bonds authorized pursuant to § 41-17-5 as security for any bonds issued under § 41-17-5. If any existing recreational facility is reconstructed, reequipped, refurnished, or otherwise improved with income derived from the issuance of revenue bonds, the value of the original facility and the value of the improvement shall be appraised and fixed. All revenue derived from the facility and the improvement shall be apportioned on the basis of the value of the original facility and the value of the improvement. Only that portion of the revenue representing the amount that the improvement bears to the whole may be pledged as security for any bonds issued under § 41-17-5.
Source: SL 1959, ch 108, § 4; SDC Supp 1960, § 25.0128; SL 1970, ch 241, § 3; SL 2009, ch 206, § 100.
41-17-7. Bond recital as to sources of payment--Disclaimer of state obligation.
All bonds issued under the authority of this chapter shall recite in substance that such bonds and interest thereon are payable solely from the revenues pledged to the payment thereof and that such bonds do not constitute a debt of the State of South Dakota within the meaning of any constitutional or statutory limitation.
Source: SL 1959, ch 108, § 5; SDC Supp 1960, § 25.0129.
41-17-8. Sale of revenue bonds--Terms--Negotiability.
Bonds issued under the authority of this chapter may be sold in a manner and upon terms as the Game, Fish and Parks Commission may determine to be for the best interest of the state. All bonds issued hereunder shall have all the qualities of negotiable instruments.
Source: SL 1959, ch 108, § 4; SDC Supp 1960, § 25.0128; SL 1970, ch 241, § 4; SL 1983, ch 28, § 53.
41-17-9. Bond obligation restricted to revenues pledged.
No bond, indebtedness, or obligation incurred or created under the authority of this chapter constitutes a lien, charge, or liability against the State of South Dakota, nor against the Game, Fish and Parks Commission, nor against the property or funds of this state except to the extent of the income authorized in § 41-17-6 to be pledged.
Source: SL 1959, ch 108, § 5; SDC Supp 1960, § 25.0129; SL 2009, ch 206, § 101.
41-17-10. Assistance in maintenance of Custer County schools--Maximum amounts.
The Department of Game, Fish and Parks may assist in maintaining schools within Custer County and may pay for such assistance out of any funds available. Payment of such funds by the department may not exceed, for each pupil who attends public school within the county and who is a resident of Custer State Park, the most recent annual average per pupil cost within the school district involved, as reported by the Department of Education, less all receipts accrued for school purposes within Custer State Park.
Source: SDC Supp 1960, § 25.1321 as enacted by SL 1966, ch 73, § 2; SL 1970, ch 242; SL 2009, ch 206, § 102.
41-17-11. Agreements for use of Custer State Park by National Guard--Lease authorized.
The Department of Game, Fish and Parks may enter into an agreement with the adjutant general of the South Dakota National Guard whereby a part of the Custer State Park may be used as a cantonment area for the National Guard. Any such agreement shall be approved by the Governor and filed with the commissioner of school and public lands. The authority provided in this section includes entering into a long term lease agreement or permit for the construction and maintenance of a permanent cantonment area in Custer State Park.
Source: SL 1964, ch 80; SL 2009, ch 206, § 103.
41-17-12. New highways, roads, and trails in state parks--Violation as misdemeanor.
No highways, roads, or trails may be built in any state park except such as are designated by the Game, Fish and Parks Commission. A violation of this section is a Class 2 misdemeanor.
Source: SDC Supp 1960, § 25.1318 as enacted by SL 1966, ch 73, § 2; SL 1991, ch 337, § 87.
41-17-13. Park license--Lakeside use and state recreation areas--Fees--Promulgation of rules.
A park license may be required to permit a motor vehicle and the occupants entry into any state park, except Bear Butte when used by individuals participating in a religious activity, and into any of the following lakeside use or state recreation areas:
(1) Angostura;
(2) American Creek;
(3) Big Sioux;
(4) Bob's Landing;
(5) Burke Lake;
(6) Buryanek;
(7) Bush's Landing;
(8) Chief White Crane;
(9) Cow Creek;
(10) Dodge Draw;
(11) Downstream below Oahe Dam;
(12) East Shore;
(13) East Whitlock;
(14) Farm Island;
(15) Indian Creek;
(16) Lake Alvin;
(17) Lake Cochrane;
(18) Lake Hiddenwood;
(19) Lake Louise;
(20) Lake Poinsett;
(21) Lake Thompson;
(22) Lake Vermillion;
(23) Lewis and Clark Lake's Gavins Point unit, the Midway unit, and the Yankton unit;
(24) Little Bend;
(25) Llewellyn Johns;
(26) Mina Lake;
(27) North Point;
(28) North Wheeler;
(29) Okobojo Point;
(30) Peoria Flats;
(31) Pease Creek;
(32) Pelican Lake;
(33) Pickerel Lake;
(34) Pierson Ranch;
(35) Platte Creek;
(36) Randall Creek;
(37) Revheim Park;
(38) Richmond Lake;
(39) Rocky Point;
(40) Sandy Shore;
(41) Shadehill;
(42) Snake Creek;
(43) South Shore;
(44) Spillway at Fort Randall Dam;
(45) Spring Creek;
(46) Springfield;
(47) Sutton Bay;
(48) Swan Creek;
(49) Tailrace at Fort Randall Dam;
(50) Walker's Point;
(51) Walth Bay;
(52) West Bend;
(53) West Chamberlain;
(54) West Pollock;
(55) West Shore;
(56) West Whitlock; and
(57) Whetstone Bay.
The Game, Fish and Parks Commission shall, by rules promulgated pursuant to chapter 1-26, set annual and daily license fees for entry into a state park, lakeside use area, or state recreation area.
The commission shall, by rules promulgated pursuant to chapter 1-26, establish a system by which an individual may purchase a second license each year for one-half the price of the first license.
The department shall deposit all fees collected pursuant to this section in the parks and recreation fund established in § 41-17-21.
Source: SDC 1939, § 25.0302 as added by SL 1967, ch 81, § 1; SL 1969, ch 96, § 1; SL 1972, ch 228, § 1; SL 1975, ch 265; SL 1977, ch 333, § 1; SL 1978, ch 299, § 1; SL 1980, ch 289, § 1; SL 1983, ch 27, § 8; SL 1984, ch 29, § 8; SL 1984, ch 273, § 4; SL 1984, ch 275, § 1; SL 1988, ch 341, § 1; SL 1990, ch 338; SL 1991, ch 346; SL 1994, ch 325; SL 1997, ch 238, § 2; SL 1999, ch 215, § 1; SL 2000, ch 211, § 1; SL 2002, ch 196, § 1; SL 2004, ch 334, § 9; SL 2005, ch 228, § 1; SL 2024, ch 174, § 1.
41-17-13.2. Exemptions from park license requirement.
A park license is not required:
(1) For any motor vehicle used on official business and owned or leased by the state or its political subdivisions or by the United States government;
(2) For commercial vehicles being used for the transportation of property or in the performance of services in the course of commerce;
(3) During a time of the year other than the park season as set by the Game, Fish and Parks Commission; or
(4) In Custer State Park, for motor vehicles engaged in through traffic using no park facilities other than traveling upon U.S. Highway 16A.
Source: SL 1969, ch 96, § 2; SDCL Supp, § 41-17-13.1; SL 1972, ch 228, § 2; SL 1985, ch 15, § 58; SL 1996, ch 255, § 3.
41-17-13.3. Campground permit or charges not included in park license.
Purchase of a park license does not exempt the buyer from payment for campground permits or service charges.
Source: SL 1972, ch 228, § 3; SL 2009, ch 206, § 104.
41-17-13.4. Free admission and reduced fees for certain veterans.
Any South Dakota resident who receives a veteran allotment for a total disability which is deemed a service-connected injury or has received the United States Veterans' Administration K Award; any resident who was held as a prisoner of war; or any resident who has served on active duty in the armed forces of the United States or as a member of the armed forces reserve or the national guard who is classified by the Veterans Administration as totally disabled as a result of a service connected injury may obtain free admission to any South Dakota state park or recreation area, and any such person may receive a fifty percent discount on any camping fee or associated electrical service fee established pursuant to § 41-17-1.1 or 41-17-14.1. Any person who applies for and qualifies for free admission under the provisions of this section shall be issued a lifetime park entrance license by the Department of Game, Fish and Parks. The Game, Fish and Parks Commission shall promulgate rules pursuant to chapter 1-26 establishing criteria and procedures for obtaining free admission and reduced fees pursuant to this section and for the issuance of a lifetime park entrance license.
Source: SL 1991, ch 344; SL 1993, ch 309, § 2; SL 2009, ch 213, § 1.
41-17-14. Use of fees from park licenses--Land purchase prohibited.
The total net receipts from license fees under § 41-17-13 shall be deposited in the parks and recreation fund established by § 41-17-21 and be used by the Game, Fish and Parks Commission for operating and maintaining the existing state park system as defined in § 41-17-1.1 in such a manner as to advance and promote the tourist industry in South Dakota. No portion of the moneys raised by these fees may be used to purchase land for park sites.
Source: SDC 1939, § 25.0302 as added by SL 1967, ch 81, § 1; SL 1969, ch 96, § 1; SL 1977, ch 333, § 2; SL 1983, ch 27, § 9; SL 1984, ch 273, § 5; SL 2004, ch 334, § 10.
41-17-14.1. Camping permits--Issuance--Use of fees.
The Department of Game, Fish and Parks may issue permits for camping in the state park system. The camping permits shall be issued according to rules adopted pursuant to § 41-17-1.1. Fees collected for camping permits shall be deposited in the parks and recreation fund established by § 41-17-21. The funds shall be used for development, capital improvement, operating, and maintaining the state park system as defined in § 41-17-1.1. No portion of the moneys raised by these fees may be used to purchase land for park sites.
Source: SL 1977, ch 334; SL 1984, ch 273, § 6; SL 2004, ch 334, § 11.
41-17-15. Deposit and use of park service fees.
All income realized from the collection of park service fees established by rules adopted pursuant to § 41-17-1.1 shall be deposited in the parks and recreation fund established by § 41-17-21. The income shall be expended by the Department of Game, Fish and Parks only for the improvement and development of the state parks, or in payment of any revenue bond issued under the provisions of this chapter.
Source: SL 1959, ch 108, § 2; SDC Supp 1960, § 25.0126; SL 1984, ch 273, § 7; SL 2004, ch 334, § 12.
41-17-18. Hunting and trapping in Custer State Park as misdemeanor.
It is a Class 1 misdemeanor for any person to hunt, trap, kill, or capture game animals, bison, or game birds within the boundaries of the Custer State Park, except in accordance with rules adopted pursuant to § 41-17-1.1 by the Game, Fish and Parks Commission.
Source: SDC 1939, § 55.9928; SL 1939, ch 96, § 4; SDC Supp 1960, § 25.1314 as enacted by SL 1966, ch 73, § 2; SL 1977, ch 190, § 612; SL 1984, ch 273, § 10.
41-17-18.1. Permitting dogs at large as misdemeanor.
Any person who permits a dog to run at large in a state park is guilty of a Class 2 misdemeanor.
Source: SDC Supp 1960, § 25.1315 as enacted by SL 1966, ch 73, § 2; SDCL, § 41-17-17; SL 1968, ch 107; SL 1977, ch 190, § 611.
41-17-21. Parks and recreation fund created--Expenditure.
There is created in the state treasury the parks and recreation fund. The parks and recreation fund shall be budgeted and expended in accordance with Title 4 on warrants drawn by the state auditor on vouchers approved by the secretary of game, fish and parks.
Source: SL 1984, ch 273, § 3.
41-17-22.1. Imposition of promotion fee on concessionaires--Exemption from taxation--Deposit and use.
In concessionaire leases for Custer State Park and the Yankton unit of Lewis and Clark State Recreation Area, the Department of Game, Fish and Parks shall provide for and impose upon the concessionaire and sub-concessionaires a promotion fee which may not exceed three percent of the gross receipts of all of its sales within Custer State Park and the Yankton unit of Lewis and Clark State Recreation Area of tangible personal property consisting of goods, wares, merchandise, and gross receipts of any service or accommodations provided by concessionaire or sub-concessionaires in Custer State Park and the Yankton unit of Lewis and Clark State Recreation Area with the exception of any sales of lottery tickets made as part of a lottery operated by South Dakota. Concessionaires or sub-concessionaires may add the promotion fee imposed by this section and Department of Game, Fish and Parks to the price of their product or service. The promotion fee is not subject to retail sales or service taxes imposed by chapter 10-45. The revenue from the promotion fee collected in Custer State Park shall be used by the department to market and promote the facilities, attractions, and activities of Custer State Park. The revenue from the promotion fee collected in Lewis and Clark Recreation Area shall be deposited in the parks and recreation fund established by § 41-17-21 to be used by the department to market and promote the facilities, attractions, and activities of the Yankton unit of Lewis and Clark State Recreation Area.
Source: SL 1989, ch 360, § 1; SL 2004, ch 334, § 14.
41-17-22.2. Classification of concession rights, privileges, and leasehold interest for taxation--Exemptions.
All concession rights, privileges, and leasehold interests of any person in property owned or managed as a unit of the state park system as defined in § 41-17-1.1 is hereby classified for the purpose of taxation and is exempt from property taxation. This section does not exempt privately owned property or privately owned improvements located within the state park system.
Source: SL 1989, ch 360, § 2.
41-17-22.4. Procedure for sale, assignment, or transfer of concessionaire leases.
In any concessionaire lease of property located in Custer State Park, the Game, Fish and Parks Commission shall require in the lease that if the concessionaire wants to sell, transfer, convey, or assign the concessionaire's interest in the leasehold, the commission shall publish and provide for a prospectus advertising the leasehold and intent to transfer. The commission shall then select from any interested persons a successor concessionaire that the commission deems most qualified.
If the concessionaire and successor agree upon terms and conditions of the transfer, which shall be agreed to in writing within a time period to be set by the commission, but no longer than six months, the commission may approve and consent to the assignment.
If there is no agreement in writing within the specified period of time, the commission, if the concessionaire still wants to sell, transfer, convey, or assign its interest in the leasehold, shall provide for another prospectus as provided in this section and follow the same procedures set forth in this section until a successor concessionaire and present concessionaire agree upon terms and conditions of a transfer but for no longer period of time than the duration of the leasehold.
Source: SL 1989, ch 362, § 7A; SL 2009, ch 206, § 106.
41-17-22.5. Custer State Park bond redemption fund created--Expenditures.
There is hereby created in the state treasury the Custer State Park concession bond redemption fund. The fund shall be budgeted and expended in accordance with Title 4 on warrants drawn by the state auditor on vouchers approved by the secretary of the Department of Game, Fish and Parks. Expenditures or transfers from the fund may only be made to make bond payments, to reimburse the general fund for bond payments made pursuant to SL 1989, ch 362 or for maintenance and renovation of state-owned concession facilities at Custer State Park.
Source: SL 1989, ch 362, § 8.
41-17-22.6. Amount of revenue from concession contracts deposited in Custer State Park fund.
The first one hundred thousand dollars of revenue from the concession contracts at Custer State Park in each fiscal year shall be deposited in the Custer State Park fund. Any state revenue from concession contracts at Custer State Park in addition to one hundred thousand dollars in a fiscal year shall be deposited in the Custer State Park concession bond redemption fund created by § 41-17-22.5.
Source: SL 1989, ch 362, § 9.
41-17-23. Grazing on state park or game preserve without permit as misdemeanor.
It is a Class 2 misdemeanor for any person owning, having charge of, or possessing any horses, mules, cattle, goats, sheep, swine, or other domestic grazing animals, to cause or permit such animals to enter or graze upon any state park or game preserve within this state, except on permits issued by the Department of Game, Fish and Parks or other governing body.
Source: SDC Supp 1960, § 25.1316 as enacted by SL 1966, ch 73, § 2; SDCL § 41-16-4; SL 1977, ch 190, § 606; SL 2009, ch 206, § 107.
41-17-24. Failure to close gate in park or game preserve as misdemeanor.
It is a Class 2 misdemeanor for any person passing or driving any animal or conveyance through any gate located within or upon the borders of any state or federal park or game preserve within this state to fail to close and securely fasten such gate immediately after such passage.
Source: SDC Supp 1960, § 25.1317 as enacted by SL 1966, ch 73, § 2; SDCL, § 41-16-5; SL 1977, ch 190, § 607.
41-17-26. Department required to fence land used for rails to trails program.
The Game, Fish and Parks Department shall, unless otherwise agreed to by the adjoining landowner, construct a fence upon the boundaries of any property interest the state of South Dakota possesses along any railroad right-of-way acquired pursuant to the rails to trails program authorized by the National Trails System Act prior to development and use of the right-of-way as a public trail. After construction, the adjoining landowner shall have responsibility to maintain the fence and request materials from the Game, Fish and Parks Department which are reasonably needed to repair the fence.
Source: SL 1991, ch 345.
41-17-27. Certain motor vehicles prohibited from Black Hills Burlington Northern Heritage Trail--Violation as misdemeanor.
No person may operate any motorized vehicle within the right-of-way of the Black Hills Burlington Northern Heritage Trail. The provisions of this section do not apply to:
(1) Any person operating a snowmobile, from December first to March thirty-first, inclusive, on the trail from Lead/Deadwood south to the Dumont trailhead, excluding the portion of the right-of-way crossing the subdivisions known as Englewood Acres and Black Forest Ranchettes;
(2) Any governmental employee while in the performance of his official duty;
(3) Any member of an organized rescue or fire fighting force while in the performance of his official duty;
(4) Any person whose use is authorized for other than recreational purposes by the Department of Game, Fish and Parks under a permit, lease, or contract; and
(5) Any person operating a self-propelled wheelchair.
A violation of this section is a Class 2 misdemeanor.
Source: SL 1992, ch 302.
41-17-28. Golf carts used within state parks or recreation areas.
The Game, Fish and Parks Commission shall promulgate rules, pursuant to chapter 1-26, to permit the use of golf carts on roads within state parks and state recreation areas that are designated by the commission to be used by golf carts. The rules shall require that the golf cart is insured as a motor vehicle by one of the methods provided by § 32-35-113, has a rearview mirror, and has functioning headlights, and brake lights. The commission may also, by a rule, require the golf cart to display a valid park entrance license. Any person operating a golf cart on any such designated road shall hold a valid driver license.
Source: SL 2013, ch 215, § 1.
41-18-1
County parks and bodies of water as public purpose--Acquisition of property,
borrowing, expenditure of general funds and issuance of bonds authorized.
41-18-2
Acceptance of gift for park purposes authorized without petition or hearing.
41-18-3
Freeholders' petition for establishment of park--Contents--Hearing on petition.
41-18-4
Publication of notice of hearing on park petition--Description of land.
41-18-5
Survey and plat of area approved for park--Acquisition if borrowing not required.
41-18-6
Bond issue for county park or body of water authorized--Issuance--Sale--Election.
41-18-7 to 41-18-9. Repealed.
41-18-10
Bond proceeds deposited in park fund--Warrants for disbursements.
41-18-11
Acquisition of park property--Payment from county general fund.
41-18-12
Maximum payment for property acquisition.
41-18-13
Maximum payment not applicable when bonds issued.
41-18-14
Resolution for payment of agreed price for property.
41-18-15
Resolution for condemnation of private property for park.
41-18-16
Abatement of proceedings when condemnation judgment excessive--Payment of
costs.
41-18-17
Acquisition of land surrounding body of water in county park.
41-18-18
Grant of easements or title to United States in consideration for construction of body
of water.
41-18-19
Survey and subdivision of waterfront lots before sale--Restrictions on use of lots.
41-18-20
Appraisal of waterfront lots.
41-18-21
Sale of waterfront lots--Minimum price--Time of appraisal.
41-18-22
Terms of sale of waterfront lots--Minimum down payment and maximum contract
period.
41-18-23
Deposit of proceeds from sale of waterfront lots.
41-18-24
Improvement and maintenance of county parks--Payment of expense.
41-18-25
Minimum distance of dance hall from county park.
41-18-1. County parks and bodies of water as public purpose--Acquisition of property, borrowing, expenditure of general funds and issuance of bonds authorized.
The acquiring, improving, and maintaining of public parks and the creation and maintaining of bodies of water by counties is declared to be a public purpose. The commissioners of the several counties may acquire for this purpose by gift, purchase, or condemnation, property within their respective counties, as provided in this chapter, and create bodies of water and borrow money to pay the expense for this purpose, subject to the limitation fixed in § 41-18-12, out of the general fund or to issue the bonds of the county as provided in § 41-18-6.
Source: SDC 1939, § 12.2401; SL 1984, ch 43, § 118.
41-18-2. Acceptance of gift for park purposes authorized without petition or hearing.
If property described in § 41-18-1 or any portion thereof is offered to the county as a gift for the purpose described therein, the commissioners may without the necessity of a petition of freehold voters as provided for in § 41-18-3, accept such gift by resolution passed at a regular meeting or special meeting called for that purpose. In such case no notice of such meeting or resolution accepting such gift need be published.
Source: SDC 1939, § 12.2408; SL 1985, ch 15, § 59.
41-18-3. Freeholders' petition for establishment of park--Contents--Hearing on petition.
If three hundred or more freehold voters of any county file with the county auditor a petition setting forth that certain real property, therein described, within the county is desirable for the purposes of a public park and that it would be to the benefit of the public that the property be acquired for such purpose, the auditor shall file the petition and shall fix a day for hearing the petition by the county commissioners, not less than twenty nor more than forty days from the filing. Upon the date set for the hearing, the county commissioners shall hear all parties in favor of and against the granting of the petition.
Source: SDC 1939, § 12.2402; SL 1985, ch 15, § 60.
41-18-4. Publication of notice of hearing on park petition--Description of land.
Notice of a hearing pursuant to § 41-18-3 shall be given by the county auditor by publication in a legal newspaper published in such county once a week for at least two successive weeks before the hearing. The notice shall specify the time and place of the hearing and shall identify the property affected. If the property cannot be described as a government subdivision, the property shall be described in the petition and in the notice in general terms with reasonable certainty.
Source: SDC 1939, § 12.2402; SL 1972, ch 166, § 4; SL 2009, ch 206, § 108.
41-18-5. Survey and plat of area approved for park--Acquisition if borrowing not required.
If the county commissioners are satisfied that it is in the best interest of the public that property described in a petition under § 41-18-3, or any part of the property, is to be acquired for the purpose of a public park, the commission shall cause an accurate survey to be made by a registered land surveyor and a plat to be made and filed in the office of the register of deeds. The commission shall proceed to acquire the property, if it is not necessary to borrow the money for acquiring the property, as provided in §§ 41-18-11 to 41-18-15, inclusive.
Source: SDC 1939, § 12.2402; SL 1974, ch 282, § 5; SL 2009, ch 206, § 109.
41-18-6. Bond issue for county park or body of water authorized--Issuance--Sale--Election.
If the county commissioners deem it necessary or desirable that the county borrow money for this purpose, the county may issue its bonds to purchase the lands for a park and create bodies of water and improve them. All bonds shall be authorized, issued, and sold as provided in chapter 6-8B and § 9-54-12, if a majority of all registered voters voting at the bond election authorize the bond issue.
Source: SDC 1939, § 12.2405; SL 1984, ch 43, § 119.
41-18-10. Bond proceeds deposited in park fund--Warrants for disbursements.
If bonds of the county are issued for the purpose of acquiring or improving a public park and creating bodies of water in the park, the proceeds of the bonds shall be deposited with the county treasurer in a fund to be designated as a county park fund and shall be paid out only upon warrants of the county auditor on the fund issued under the orders of the board of county commissioners.
Source: SDC 1939, § 12.2407; SL 2009, ch 206, § 110.
41-18-11. Acquisition of park property--Payment from county general fund.
The board of county commissioners may acquire and condemn private property within the county for the uses and purposes of public parks and bodies of water in the county if and to the extent that the property is deemed necessary for such purposes. The board may pay for all property acquired and all property damaged, and the expense of creating bodies of water on the property, out of any money in the county general fund within the limitations fixed in § 41-18-12.
Source: SDC 1939, § 12.2403; SL 2009, ch 206, § 111.
41-18-12. Maximum payment for property acquisition.
Except as provided in § 41-18-13 the board of county commissioners, in acquiring the property for any one park or project and creating bodies of water in the park or project under the provisions of this chapter, may not expend a total amount exceeding one dollar per thousand dollars of taxable valuation on the taxable valuation of the property in the county for the preceding year.
Source: SDC 1939, § 12.2404; SL 2009, ch 206, § 112.
41-18-13. Maximum payment not applicable when bonds issued.
If the county borrows money and issues bonds for the purpose of a park or project and creating bodies of water in the park or project, the expenditure is not limited to one dollar per thousand dollars of taxable valuation on the assessed valuation of the property within the county for the preceding year.
Source: SDC 1939, § 12.2404; SL 2009, ch 206, § 113.
41-18-14. Resolution for payment of agreed price for property.
If an agreement is reached with the owner of the property or any portion of the property for a reasonable price for the property, the board of county commissioners shall pass a resolution for the purchase of the property or any portion of the property. The resolution shall contain a general description of the property, including the acreage and the price for which the property is to be purchased.
Source: SDC 1939, § 12.2403; SL 2009, ch 206, § 114.
41-18-15. Resolution for condemnation of private property for park.
If the board of county commissioners deems it necessary to take, damage, or condemn any private property or any portion of the property for any of the purposes mentioned in § 41-18-11, the board shall by proper resolution declare the necessity of the taking or damaging, stating the purpose and extent of the taking or damaging.
Source: SDC 1939, § 12.2403; SL 2009, ch 206, § 115.
41-18-16. Abatement of proceedings when condemnation judgment excessive--Payment of costs.
If upon condemnation proceedings, a judgment is entered that will cause the limitation in § 41-18-12 to be exceeded on a particular park or project, or if the board of county commissioners deems the judgement excessive, the costs of the proceeding including a reasonable attorney's fee for the owner, to be fixed by the court, shall be taxed to and paid by the county and the proceedings shall be abated and the judgment canceled.
Source: SDC 1939, § 12.2404; SL 2009, ch 206, § 116.
41-18-17. Acquisition of land surrounding body of water in county park.
If it is determined advisable as provided in this chapter to construct or create any body of water within any county park, the board of county commissioners may acquire by the same method as provided in this chapter an amount or quantity of land surrounding or adjoining the body of water as the board deems advisable. The board may use the land for park purposes or sell the land or any portion of the land as provided in §§ 41-18-18 to 41-18-23, inclusive.
Source: SDC 1939, § 12.2409; SL 2009, ch 206, § 117.
41-18-18. Grant of easements or title to United States in consideration for construction of body of water.
The board of county commissioners may grant easements upon or transfer title to any part of any property acquired pursuant to this chapter, suitable for the creation of a body of water, to the United States government or any branch or department of the United States government in consideration of the United States government furnishing at its own expense the necessary labor and materials or any part of such labor and materials in connection with the construction or creation of such a body of water within any county park.
Source: SDC 1939, § 12.2412; SL 1947, ch 44, § 2; SL 2009, ch 206, § 118.
41-18-19. Survey and subdivision of waterfront lots before sale--Restrictions on use of lots.
If the board of county commissioners decides to sell any lots or tracts surrounding any such body of water or adjoining any portion of the body of water, the commissioners shall first cause the land to be surveyed and platted into lots and blocks and streets or drives. The board of county commissioners may place such restrictions as to the use of the lots or tracts as the board may deem advisable.
Source: SDC 1939, § 12.2410; SL 2009, ch 206, § 119.
41-18-20. Appraisal of waterfront lots.
After a survey and platting pursuant to § 41-18-19, the board of county commissioners shall appoint three appraisers who shall appraise the lots and tracts. The proceeding for the appraisal of the lots and tracts shall be the same as provided for the appraisal of the estates of decedents, except that the appraisers shall be appointed by the board of county commissioners and the appraisal shall be filed with the county auditor of the county.
Source: SDC 1939, § 12.2410; SL 2009, ch 206, § 120.
41-18-21. Sale of waterfront lots--Minimum price--Time of appraisal.
After the appraisers have, pursuant to § 41-18-20, fixed the valuation of each lot and tract, the county, through its board of county commissioners, may sell the lots and tracts or any portion of the lots and tracts for not less than the appraised value. No lot or tract may be sold by the board based on any appraisal made more than one year before the date of sale.
Source: SDC 1939, § 12.2410; SL 2009, ch 206, § 121.
41-18-22. Terms of sale of waterfront lots--Minimum down payment and maximum contract period.
In the sale of lots and tracts pursuant to § 41-18-21, the board of county commissioners may designate the terms upon which the sales may be made and the rate of interest deferred payments shall bear. The board may make contracts for the sale and make conveyance if the purchaser has met the terms of the contract. However, the purchaser shall pay at least ten percentum of the sale price to the county at the time of the execution of the contract of sale, and the total purchase price, with interest on the purchase price, shall be paid within five years from the date of sale.
Source: SDC 1939, § 12.2410; SL 2009, ch 206, § 122.
41-18-23. Deposit of proceeds from sale of waterfront lots.
Any money received from the sale of lots and tracts pursuant to § 41-18-21 shall be deposited as provided in this section. If the county borrows money and issues its bonds for the creation of any county park or for creating bodies of water in the park, the money so received shall be deposited with the county treasurer in a fund known as a county park fund for the purpose of retiring the bonds upon their maturity and paying the interest on the bonds. Otherwise, the proceeds from the sale of the lots and tracts shall be deposited in the general fund.
Source: SDC 1939, § 12.2411; SL 2009, ch 206, § 123.
41-18-24. Improvement and maintenance of county parks--Payment of expense.
The county commissioners shall have charge of the improvement and maintenance of public parks established pursuant to this chapter, the expense thereof to be paid on their order by warrants upon the park fund.
Source: SDC 1939, § 12.2412; SL 1947, ch 44, § 2.
41-18-25. Minimum distance of dance hall from county park.
No dance hall may be built within one mile of a county park unless by permission of the board of county commissioners.
Source: SDC 1939, § 12.2410; SL 2009, ch 206, § 124.
41-19-1
Snowmobile trails fund appropriated--Accumulation without reversion.
41-19-2
Acquisition and improvement of snowmobile trails and areas.
41-19-3
Disbursements from snowmobile trails fund.
41-19-4
Use of trails and areas restricted to licensed snowmobiles--Violation as
misdemeanor.
41-19-5
Obsolete.
41-19-6
Marking trails on public lands--Directions to public use area.
41-19-1. Snowmobile trails fund appropriated--Accumulation without reversion.
The snowmobile trails fund established pursuant to § 32-5-9.2 is hereby appropriated for the administration of § 41-19-2. Money in the fund shall accumulate without reversion at the close of the fiscal year.
Source: SL 1973, ch 197, § 4; SL 2009, ch 206, § 125.
41-19-2. Acquisition and improvement of snowmobile trails and areas.
The Department of Game, Fish and Parks shall, as rapidly as the accumulation of funds in the snowmobile trails fund permits, establish state snowmobile trails and areas, and the Game, Fish and Parks Commission is hereby authorized to expend such funds for the acquisition or leasing of land or easements or for construction, maintenance, and markings necessary for the establishment of state snowmobile trails and areas.
Source: SL 1973, ch 197, § 2.
41-19-3. Disbursements from snowmobile trails fund.
Disbursements from the snowmobile trails fund shall be paid on warrants drawn by the state auditor on vouchers approved by the Game, Fish and Parks Commission.
Source: SL 1973, ch 197, § 4.
41-19-4. Use of trails and areas restricted to licensed snowmobiles--Violation as misdemeanor.
The use of state snowmobile trails and areas acquired, leased, developed, or improved by the department under the provisions of this chapter by any person operating any snowmobile other than a licensed snowmobile as defined by § 32-20A-1, is a Class 2 misdemeanor.
Source: SL 1973, ch 197, § 3; SL 1977, ch 190, § 613.
41-19-6. Marking trails on public lands--Directions to public use area.
The Department of Game, Fish and Parks or its designee may mark or sign a state snowmobile trail within any public right-of-way or public land. The Department of Game, Fish and Parks may place signs within any public right-of-way providing directions to a state owned or managed public use area.
Source: SL 2001, ch 160, § 3.
CHAPTER 41-20
FORESTRY
41-20-1 41-20-1 to 41-20-6. Repealed by SL 2013, ch 196, §§ 1, 2.
41-20-7 41-20-7. Repealed by SL 1986, ch 360
41-20-8 41-20-8 to 41-20-8.3. Repealed by SL 2013, ch 196, § 2.
41-20-8.4 41-20-8.4 to 41-20-8.8. Repealed by SL 2012, ch 23, § 10.
41-20-9 41-20-9 to 41-20-13. Repealed by SL 2013, ch 196, § 2.
41-20-14 Definitions.
41-20-15 Promulgation of rules.
41-20-16 State forester--Qualifications and authority.
41-20-17 Duties of state forester.
41-20-18 Assistance in management and protection of forestland, woodland, shelterbelt, and rangeland.
41-20-19 Assistance in tree planting.
41-20-20 Preference to trees and seeds grown in state and to state dealers.
41-20-21 41-20-21. Repealed by SL 2015, ch 204, § 31.
41-20-22 Forestry fund.
41-20-23 Conservation and development of forests and timber.
41-20-24 Control and mitigation of damage by forest insects and diseases.
41-20-25 Entry on private land to locate forest insect or disease infestation.
41-20-26 Reimbursement of landowner for control measures.
41-20-27 Infestation control by state forester--Cost charged to landowner.
41-20-28 Certification and collection of costs as taxes.
41-20-8.4 to 41-20-8.8. Repealed by SL 2012, ch 23, § 10.
41-20-14. Definitions.
Terms used in this chapter, mean:
(1) "Certificate of treatment," a written statement by the state forester certifying treatment of a forest insect or disease infestation on private land and containing information on the number of trees treated, location of the trees, ownership of the land, the cost of treatment, and other pertinent information;
(2) "Declared forest insect or disease emergency," any state of forest insect or disease infestation or infection deemed a serious threat to the forest or tree resource by the state forester of South Dakota;
(3) "Privately owned forestland," any land not in government ownership that is at least ten percent stocked with trees and is outside the limits of any incorporated municipality;
(4) "State forester," the state forester of South Dakota, his or her assistants, employees, or designated agents.
Source: SL 2013, ch 196, § 5.
41-20-15. Promulgation of rules.
The secretary of agriculture and natural resources may promulgate rules pursuant to chapter 1-26 concerning:
(1) The establishment of a register of qualified professional foresters for the referral of timber sale assistance requests;
(2) Provisions for the removal of foresters from the register;
(3) Establishment of a forest insect and disease control area;
(4) Landowner notification of forest insect and disease infestation and timetable for control; and
(5) Provisions for reimbursing landowners for control costs.
Source: SL 2013, ch 196, § 6; SL 2021, ch 1 (Ex. Ord. 21-3), § 51, eff. Apr. 19, 2021.
41-20-16. State forester--Qualifications and authority.
The Department of Agriculture and Natural Resources shall employ a state forester who shall be qualified for and authorized to carry out all the activities necessary for the management, protection, harvest, and sale of timber for all interested state agencies.
Source: SL 2013, ch 196, § 7; SL 2021, ch 1 (Ex. Ord. 21-3), § 51, eff. Apr. 19, 2021.
41-20-17. Duties of state forester.
The state forester, under the direction of the Department of Agriculture and Natural Resources, shall administer and enforce all state laws with reference to forests, woodlands, trees, and tree plantations, public and private, and shall provide for their health and protection from trespass, and other damaging influences.
Source: SL 2013, ch 196, § 8; SL 2021, ch 1 (Ex. Ord. 21-3), § 51, eff. Apr. 19, 2021.
41-20-18. Assistance in management and protection of forestland, woodland, shelterbelt, and rangeland.
The state forester, with the sanction of the Department of Agriculture and Natural Resources, may, upon request, assist and cooperate with any agency of the United States government; all state, county, and municipal agencies; and with any corporation, association, partnership, or individual owning or controlling any forestland, woodland, shelterbelt, or rangeland in the management and protection of such forestland, woodland, shelterbelt, or rangeland, including:
(1) Preparation of plans for management and protection of forest health including during a declared forest insect or disease emergency;
(2) Management, surveying, harvesting, marketing, and processing of forest products; and
(3) Collection of receipts from the sale of federal timber and depositing them in the forestry fund as provided in § 41-20-22.
In providing timber sale assistance pursuant to subdivisions (1) and (2) of this section, on private lands, the state forester shall determine that such assistance is not reasonably available through a consulting forester. If the assistance is determined to be unavailable from a consulting forester, the state forester may provide the assistance after courtesy notification to private industrial foresters. However, the assistance provided is limited to thirty man-days over a period of six years per individual owner.
Source: SL 2013, ch 196, § 9; SL 2021, ch 1 (Ex. Ord. 21-3), § 51, eff. Apr. 19, 2021; SL 2022, ch 160, § 1.
41-20-19. Assistance in tree planting.
The state forester shall cooperate with the secretary of the United States Department of Agriculture in providing assistance to owners of land in tree planting and in the procurement of forest, ornamental, and fruit trees, seeds, and plants so that the seeds or plants are used effectively for planting trees for domestic, agricultural, and industrial purposes.
Source: SL 2013, ch 196, § 10; SL 2015, ch 203, § 22.
41-20-20. Preference to trees and seeds grown in state and to state dealers.
In all purchases of seeds or trees under the provisions of § 41-20-19, preference shall be given to trees and tree seeds grown in this state and to South Dakota dealers.
Source: SL 2013, ch 196, § 11; SL 2015, ch 203, § 23.
41-20-22. Forestry fund.
There is continued the forestry fund which is in addition to any fund which may be made available by appropriation to the Department of Agriculture and Natural Resources for the operation of forestry programs. The fund shall consist of funds coming to the Department of Agriculture and Natural Resources that are available to the department for the operation of forestry programs. All money in the fund is annually appropriated to be disbursed by the Department of Agriculture and Natural Resources as provided by law. The money in the fund shall be used for necessary purposes and shall be expended upon warrants drawn by the state auditor on vouchers approved by authorized personnel.
Source: SL 2013, ch 196, § 13; SL 2021, ch 1 (Ex. Ord. 21-3), § 51, eff. Apr. 19, 2021.
41-20-23. Conservation and development of forests and timber.
The Department of Agriculture and Natural Resources shall conserve, protect, improve, develop, and increase trees and forests and wood and timber products on state-owned lands, and cooperate with the United States, any agency of the United States, or with any other department, public corporation, or person of this state in such forestry activities on state-owned lands or on lands of the cooperator.
Source: SL 2013, ch 196, § 14; SL 2021, ch 1 (Ex. Ord. 21-3), § 51, eff. Apr. 19, 2021.
41-20-24. Control and mitigation of damage by forest insects and diseases.
The Department of Agriculture and Natural Resources, through the state forester, may take action to control or mitigate the damage caused by forest insects and diseases on all state and privately owned forestlands or privately owned lands, and to establish the maximum state-federal cost share assistance available to private landowners for such control measures.
Source: SL 2013, ch 196, § 15; SL 2021, ch 1 (Ex. Ord. 21-3), § 51, eff. Apr. 19, 2021.
41-20-25. Entry on private land to locate forest insect or disease infestation.
The state forester may enter upon or cross any privately owned forestland or privately owned land for the purpose of surveying for and locating a forest insect or disease infestation. Upon finding any such forest insect or disease infestation, the state forester shall notify the landowner in writing of the presence of the infestation and establish a length of time in which the landowner may control the infestation. The state forester shall further advise the landowner of any acceptable methods and means of effectively controlling the infestation.
Source: SL 2013, ch 196, § 16.
41-20-26. Reimbursement of landowner for control measures.
If a landowner effectively controls an infestation on the landowner's property to the satisfaction of the state forester within the time specified upon notification, the landowner may be reimbursed an amount not to exceed the total cost of the suppression measures based on average values for each control measure as determined by the state forester. Control measures implemented by private landowners may only be reimbursed by the state forester if funds are made available for this purpose by Legislature.
Source: SL 2013, ch 196, § 17.
41-20-27. Infestation control by state forester--Cost charged to landowner.
If a landowner fails to effectively control an infestation on the landowner's lands to the satisfaction of the state forester in the specified time, the state forester may to go upon the landowner's property to effectively control the infestation by whatever methods or means the state forester deems appropriate, in which case, the total costs incurred by the state forester shall be charged to the landowner, subtracting any cost share assistance that may be available through the state forester.
Source: SL 2013, ch 196, § 18.
41-20-28. Certification and collection of costs as taxes.
Failure on the part of a landowner to pay to the state in one year's time any amount due and owing under the provisions of this chapter is cause for the state forester to file a certificate of treatment with the county auditor of the county in which the land is located, and the amount shall be collected as taxes are collected.
Source: SL 2013, ch 196, § 19.
41-20A-1
Division of Wildland Fire.
41-20A-2
State wildland fire coordinator--Qualifications and authority.
41-20A-3
Duties of state wildland fire coordinator.
41-20A-4
Promulgation of rules.
41-20A-5
Policies for protection of homes and other structures.
41-20A-6
Prevention and suppression of forest fires--Court action against person responsible
for fires.
41-20A-7
Interference with forest service fire equipment as misdemeanor.
41-20A-8
State fire suppression special revenue fund.
41-20A-9
Payments from fund.
41-20A-10
Assistance in protection of forestland, woodland, shelterbelt, and rangeland--Collection of costs.
41-20A-11
Assistance in suppression of range fire within county--Reimbursement of expenses.
41-20A-12
Mutual aid agreements with fire suppression organizations.
41-20A-13
Repealed.
41-20A-1. Division of Wildland Fire.
There is hereby created within the Department of Public Safety a Division of Wildland Fire. The division is responsible for prevention, fire suppression, fuels mitigation and reduction, education, and training of homeowners, the public, and firefighters, along with other duties or responsibilities as may be necessary to fulfill the purpose of this chapter.
Source: SL 2013, ch 196, § 20; SL 2021, ch 1 (Ex. Ord. 21-3), § 69, eff. Apr. 19, 2021.
41-20A-2. State wildland fire coordinator--Qualifications and authority.
The Department of Public Safety may employ a state wildland fire coordinator who is authorized and qualified to carry out all wildfire suppression activities.
Source: SL 2013, ch 196, § 21; SL 2021, ch 1 (Ex. Ord. 21-3), § 69, eff. Apr. 19, 2021.
41-20A-3. Duties of state wildland fire coordinator.
The state wildland fire coordinator, under the direction of the Department of Public Safety, shall administer and enforce all state laws for the protection of all forests and woodlands, both public and private, from fire.
Source: SL 2013, ch 196, § 22; SL 2021 ch 1 (Ex. Ord. 21-3), § 69, eff. Apr. 19, 2021.
41-20A-4. Promulgation of rules.
The secretary of public safety may promulgate rules, pursuant to chapter 1-26, concerning:
(1) Authorized actions to prevent, suppress, and extinguish forest and wildland fires, and to provide aid to other forces involved in such fires;
(2) Reimbursement of aid provided by the department for the suppression of forest and wildland fires;
(3) Payment of fire suppression costs from the fire suppression revolving fund; and
(4) Collection, accounting, and reimbursement of normal and extraordinary structural and other fire protection costs resulting from forest and wildland fires.
Source: SL 2013, ch 196, § 23; SL 2021, ch 1 (Ex. Ord. 21-3), § 69, eff. Apr. 19, 2021.
41-20A-5. Policies for protection of homes and other structures.
The secretary of public safety may establish policies to provide for the protection of homes and other structures during forest and wildland fires.
Source: SL 2013, ch 196, § 24; SL 2015, ch 203, § 24; SL 2021, ch 1 (Ex. Ord. 21-3), § 69, eff. Apr. 19, 2021.
41-20A-6. Prevention and suppression of forest fires--Court action against person responsible for fires.
The state wildland fire coordinator, under the direction of the Department of Public Safety, shall take authorized action to prevent, suppress, and extinguish forest and wildland wildfires on all state and privately owned forestlands or privately owned lands and on other lands while acting pursuant to a cooperative fire suppression agreement. The coordinator shall direct and aid the efforts of all fire suppression forces involved in the fires. The coordinator may bring an action in circuit court against the responsible person to obtain reimbursement for reasonable fire suppression and extinguishment costs.
Source: SL 2013, ch 196, § 25; SL 2021, ch 1 (Ex. Ord. 21-3), § 69, eff. Apr. 19, 2021.
41-20A-7. Interference with forest service fire equipment as misdemeanor.
It is a Class 2 misdemeanor for any person to break, remove, or in any manner interfere with or molest any fire toolboxes or any fire tools, implements, or equipment furnished or located by the state or federal forest service upon any of the public lands or elsewhere within this state unless necessary to use in case of fire.
Source: SL 2013, ch 196, § 26.
41-20A-8. State fire suppression special revenue fund.
There is hereby established a fund in the state treasury to be known as the state fire suppression special revenue fund which is hereby appropriated for the payment of costs incurred by the state wildland fire coordinator in suppressing and extinguishing forest and wildland fires and emergency rangeland fires; for the payment of costs incurred by the Governor in authorizing fire prevention measures; and for the payment of costs incurred by the secretary of public safety in hiring a fire suppression force to assist any other fire suppression agency, regardless of whether the fire being suppressed is within the territorial jurisdiction of the State of South Dakota. The fire suppression agency shall either execute or have an existing cooperative fire suppression agreement with the South Dakota Department of Public Safety.
As used in this section, emergency rangeland fires, includes fires outside the Black Hills Forest Fire Protection District that the Governor declares as an emergency and the state wildland fire division assists with fire suppression and extinguishment.
Any damages paid from judgments or settlements in civil actions taken under § 41-20A-6 and reimbursements or contributions from other sources for suppressing forest and wildland fires may be deposited into the fund.
Source: SL 2013, ch 196, § 27; SL 2021, ch 1 (Ex. Ord. 21-3), § 69, eff. Apr. 19, 2021.
41-20A-9. Payments from fund.
Costs payable from the state fire suppression special revenue fund shall be paid by warrant of the state auditor on vouchers approved by the secretary of public safety.
Source: SL 2013, ch 196, § 28; SL 2021, ch 1 (Ex. Ord. 21-3), § 69, eff. Apr. 19, 2021.
41-20A-10. Assistance in protection of forestland, woodland, shelterbelt, and rangeland--Collection of costs.
The state wildland fire coordinator, with the sanction of the Department of Public Safety, may, upon request, assist and cooperate with any agency of the United States government; any ministry of a Canadian province; all state, county, and municipal agencies; any fire suppression organization; any person qualified by the state wildland fire coordinator; any person needed for an incident management team for the purposes of training and fire prevention or suppression; and with any corporation, association, partnership, or individual owning or controlling any forestland, woodland, shelterbelt, or rangeland in the protection of such forestland, woodland, shelterbelt, or rangeland, including:
(1) Creation and administration of fire protection districts;
(2) Disposal of slash, debris from logging operations, and other fire and insect hazards; and
(3) Assistance to the state wildland fire coordinator in the prevention and suppression of fires.
After providing assistance in the suppression of fires pursuant to subdivision (3) of this section, the state wildland fire coordinator may collect fire suppression and extinguishment costs pursuant to this chapter if the costs were initially incurred by the coordinator or if the secretary of public safety has repaid any of the governmental agencies or persons described by this section for goods or services used in fire suppression efforts directed by the coordinator.
Source: SL 2013, ch 196, § 29; SL 2015, ch 203, § 25; SL 2016, ch 182, § 2; SL 2021, ch 1 (Ex. Ord. 21-3), § 69, eff. Apr. 19, 2021.
41-20A-11. Assistance in suppression of range fire within county--Reimbursement of expenses.
At the request of a board of county commissioners or a person designated by a board of county commissioners for such purpose, the state wildland fire coordinator may assist in the suppression of any range fire within the county. If any assistance provided by the coordinator includes the use of more than six state employees and more than two vehicles, the county to which the assistance is given shall reimburse the coordinator for the reasonable expenses incurred.
Source: SL 2013, ch 196, § 30; SL 2018, ch 254, § 1.
41-20A-12. Mutual aid agreements with fire suppression organizations.
The Department of Public Safety may enter into mutual aid agreements with other fire suppression organizations and determine what costs these organizations would assume during an initial wildfire attack.
Source: SL 2013, ch 196, § 31; SL 2021, ch 1 (Ex. Ord. 21-3), § 69, eff. Apr. 19, 2021.
41-21-1 to 41-21-8. Repealed.
41-22-1 to 41-22-3. Repealed.
41-22-4
Repealed.
41-23-1
Legislative findings.
41-23-2
Definitions.
41-23-3
Agreements for recreational use of nonmeandered lakes.
41-23-4
Permission to use portion of nonmeandered lake.
41-23-5
Markers identifying area of nonmeandered lake not open to public recreational use
without permission or agreement.
41-23-6
Financial compensation for permission to fish prohibited--Misdemeanor.
41-23-7
Certain nonmeandered lakes declared open for recreational use.
41-23-8
List of nonmeandered lakes open for recreational use.
41-23-9
Petition to restrict recreational use of listed nonmeandered lake.
41-23-10
Maximum term of lease or license.
41-23-11
Limitation of liability of owner of property under lakes.
41-23-12
Promulgation of rules regarding marker standards.
41-23-13
Notification to department of restricted areas--Publication by department.
41-23-14
Right of ingress or egress on private property not created.
41-23-15
Walking, wading, standing, or operating motor vehicle on bed of nonmeandered lake,
or trapping or hunting on frozen surface without permission prohibited.
41-23-16
Petition to open portion of marked nonmeandered lake for transportation.
41-23-17
Restrictions on portion of nonmeandered lake opened for transportation.
41-23-18
Criminal trespass--Exceptions.
41-23-19
Report to Executive Board of Legislative Research Council--Hearings.
41-23-1. Legislative findings.
The Legislature finds:
(1) The South Dakota Supreme Court, in Parks v. Cooper, 2004 SD 27 and Duerre v. Hepler, 2017 SD 8, held that the Legislature has the obligation to determine the extent of public use of water overlying private property for recreational purposes; and
(2) Because the state holds the waters in trust for the benefit of the public, the Legislature must balance the interests of recreational users and the rights of private property owners to provide a constitutionally sound and manageable basis for establishing public recreational use of water overlying private property in accordance with this chapter.
Source: SL 2017 (SS), ch 1, § 1, eff. June 12, 2017.
41-23-2. Definitions.
Terms used in this chapter mean:
(1) "Commission," the Game, Fish and Parks Commission;
(2) "Department," the Department of Game, Fish and Parks;
(3) "Meandered lake," any natural water body, except a river or stream, for which a meander line survey was included as part of the official survey conducted by the United States surveyor general for the land on which the lake is situated and the meander lines are shown on plats made by the United States General Land Office;
(4) "Nonmeandered lake," any natural lake that is not a meandered lake;
(5) "Recreational use," except as otherwise provided by law, use for outdoor sporting and leisure activities, including, but not limited to, hunting, fishing, swimming, floating, boating, and trapping.
Source: SL 2017 (SS), ch 1, § 2, eff. June 12, 2017.
41-23-3. Agreements for recreational use of nonmeandered lakes.
The department, on behalf of and in the name of the state, may negotiate with each landowner to acquire, by gift, grant, devise, purchase, lease, or license, recreational use of all or any portion of any nonmeandered lake overlying private property. Any agreement reached pursuant to this section, or any failure to reach an agreement, is not an appealable final action of the department.
Source: SL 2017 (SS), ch 1, § 3, eff. June 12, 2017.
41-23-4. Permission to use portion of nonmeandered lake.
Any person is entitled to recreational use of the portion of a nonmeandered lake that overlies private property if the person has permission from the owner of the private property.
Source: SL 2017 (SS), ch 1, § 4, eff. June 12, 2017.
41-23-5. Markers identifying area of nonmeandered lake not open to public recreational use without permission or agreement.
Any nonmeandered lake overlying private property is open to recreational use without permission of any owner of the private property underlying the nonmeandered lake unless the owner of the private property installs conspicuous markers, which may consist of signs or buoys, to identify the area of the nonmeandered lake that is not open to public recreational use without permission or agreement as provided under this chapter.
Source: SL 2017 (SS), ch 1, § 5, eff. June 12, 2017.
41-23-6. Financial compensation for permission to fish prohibited--Misdemeanor.
No owner of private property may receive financial compensation in exchange for granting permission to fish on a portion of a nonmeandered lake overlying the owner's private property that is marked pursuant to § 41-23-5. A violation of this section is a Class 1 misdemeanor.
Source: SL 2017 (SS), ch 1, § 6, eff. June 12, 2017.
41-23-7. Certain nonmeandered lakes declared open for recreational use.
Notwithstanding the provisions of this chapter, any nonmeandered lake listed in § 41-23-8 is declared open for recreational use, based on the following conditions occurring before January 1, 2017:
(1) The open, obvious, and continuous recreational use by the public for a significant period; and
(2) The expenditure of public funds for the construction of one or more boat ramps.
Source: SL 2017 (SS), ch 1, § 7, eff. June 12, 2017.
41-23-8. List of nonmeandered lakes open for recreational use.
The waters of the following nonmeandered lakes are declared open for recreational use pursuant to § 41-23-7:
(1) Casey's Slough, Cottonwood GPA, Dry #1, Dry #2, Round, and Swan in Clark County;
(2) Deep and Goose in Codington County;
(3) East Krause, Lynn, and Middle Lynn, in Day County;
(4) North Scatterwood in Edmunds County;
(5) Three Buck in Hamlin County;
(6) Bullhead, Cattail-Kettle, and Opitz in Marshall County;
(7) Island South in McCook County;
(8) Keisz in McPherson County;
(9) Grass, Loss, Scott, and Twin in Minnehaha County;
(10) Twin in Sanborn County;
(11) Cottonwood and Mud in Spink County;
(12) Cottonwood in Sully County; and
(13) Dog Ear in Tripp County, South Dakota.
Source: SL 2017 (SS), ch 1, § 8, eff. June 12, 2017.
41-23-9. Petition to restrict recreational use of listed nonmeandered lake.
The commission shall promulgate rules, pursuant to chapter 1-26, to establish a process whereby an owner of private property underlying any nonmeandered lake listed in § 41-23-8 may petition the commission to allow the owner of private property to restrict recreational use of the water overlying the owner's private property. The commission shall determine whether to grant, deny, or modify the petition. The commission shall consider privacy, safety, and substantially affected financial interests of the owner of the private property underlying the water, as well as history of use, water quality, water quantity, and the public's interest in recreational use of the water.
Source: SL 2017 (SS), ch 1, § 9, eff. June 12, 2017.
41-23-10. Maximum term of lease or license.
No lease or license entered into pursuant to § 41-23-3 may be for a term exceeding ten years.
Source: SL 2017 (SS), ch 1, § 10, eff. June 12, 2017.
41-23-11. Limitation of liability of owner of property under lakes.
The liability of any owner of private property underlying a meandered or nonmeandered lake is limited as provided in §§ 20-9-12 to 20-9-18, inclusive. However, contact between recreational equipment and private property underlying any nonmeandered lake incidental to a lawful recreational use is not a criminal trespass.
Source: SL 2017 (SS), ch 1, § 11, eff. June 12, 2017.
41-23-12. Promulgation of rules regarding marker standards.
The commission shall promulgate rules, pursuant to chapter 1-26, to specify standards for the markers described in § 41-23-5 after weighing the cost and burden of compliance by the owner of private property against the visibility of the markers to the public.
Source: SL 2017 (SS), ch 1, § 12, eff. June 12, 2017.
41-23-13. Notification to department of restricted areas--Publication by department.
The owner of private property shall notify the department, within a reasonable time frame, of any area of a nonmeandered lake marked by the owner of private property pursuant to § 41-23-5. The department shall, within a reasonable time frame, identify the marked area and applicable restrictions in any map, guide, mobile application, or website maintained by the state to assist the public in identifying each public hunting or fishing area.
Source: SL 2017 (SS), ch 1, § 13, eff. June 12, 2017.
41-23-14. Right of ingress or egress on private property not created.
Access to any nonmeandered lake for recreational use may only be by public roadway, public right-of-way, or other lawful means. Nothing in this chapter creates a right of ingress or egress on private property to access a nonmeandered lake.
Source: SL 2017 (SS), ch 1, § 14, eff. June 12, 2017.
41-23-15. Walking, wading, standing, or operating motor vehicle on bed of nonmeandered lake, or trapping or hunting on frozen surface without permission prohibited.
No person may walk, wade, stand, or operate a motor vehicle on the bed of a nonmeandered lake, or trap or hunt on the frozen surface above private land, without permission from the landowner or any other person legally in possession of the privately owned property underlying the waters of that portion of the nonmeandered lake.
Source: SL 2017 (SS), ch 1, § 15, eff. June 12, 2017.
41-23-16. Petition to open portion of marked nonmeandered lake for transportation.
The commission shall promulgate rules, pursuant to chapter 1-26, to establish a process whereby a person may petition the commission to open a portion of the waters or ice of a nonmeandered lake marked pursuant to § 41-23-5 for the limited purpose of transportation to a portion of the nonmeandered lake that is open for recreational use under the following conditions:
(1) The marked portion of the nonmeandered lake is directly between a point of legal public access and a portion of the nonmeandered lake open for recreational use; and
(2) There is no alternative legal public access or improved legal public access to the portion of the nonmeandered lake open for recreational use.
Source: SL 2017 (SS), ch 1, § 16, eff. June 12, 2017.
41-23-17. Restrictions on portion of nonmeandered lake opened for transportation.
The commission shall set the size and location of the area of the marked portion of a nonmeandered lake opened for transportation pursuant to § 41-23-16 and set reasonable speed, wake, and other limitations to protect the privacy, safety, and substantially affected financial interests of the owner of private property underlying the marked portion of the nonmeandered lake.
Source: SL 2017 (SS), ch 1, § 17, eff. June 12, 2017.
41-23-18. Criminal trespass--Exceptions.
Any person who enters or remains upon private property or waters overlying private property in violation of this chapter is guilty of a criminal trespass in accordance with the applicable provisions of chapters 41-9 and 22-35, except for unarmed retrieval of lawfully taken small game as authorized in § 41-9-8 and subject to any affirmative defense set forth in § 22-35-7. However, any contact between recreational equipment and private property underlying any nonmeandered lake incidental to a lawful recreational use is not a criminal trespass.
Source: SL 2017 (SS), ch 1, § 18, eff. June 12, 2017.
41-23-19. Report to Executive Board of Legislative Research Council--Hearings.
Before June 2, 2019, but after April 1, 2019, the department shall deliver a report to the Executive Board of the Legislative Research Council which includes the following:
(1) An estimate of the number of acres of nonmeandered lakes open for public recreation and the number of acres of nonmeandered lakes marked pursuant to § 41-23-5;
(2) For the agreements contemplated pursuant to § 41-23-3, a statistical summary relative to:
(a) Agreements reached with landowners;
(b) Negotiations in progress;
(c) Failed negotiations;
(d) Number of inquiries from landowners to commence negotiations;
(3) An analysis of the agreements pursuant to § 41-23-3 compared to voluntary walk in access programs for landowners;
(4) A listing of transportation lanes set pursuant to § 41-23-17; and
(5) A summary of complaints, prosecutions, convictions, or other resolution of violations on nonmeandered waters pursuant to §§ 41-23-6 and 41-23-18.
Following receipt and public dissemination of the report, the executive board or a designated committee of the executive board shall hold one or more public hearings, which shall occur before September 3, 2019, to discuss the report and solicit input from landowners, recreational users, and the general public.
Source: SL 2017 (SS), ch 1, § 20, eff. June 12, 2017.