S.D. Codified Laws § 41-20A-12 — SD Code / Title 41 / Chapter 20A / Section 41-20A-12
Mutual aid agreements with fire suppression organizations
Status: in_force

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.
S.D. Codified Laws § 41-18-5 — SD Code / Title 41 / Chapter 18 / Section 41-18-5
Survey and plat of area approved for park--Acquisition if borrowing not required
Status: in_force

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.
S.D. Codified Laws § 41-17-5 — SD Code / Title 41 / Chapter 17 / Section 41-17-5
Revenue bonds authorized for recreational facilities in parks--Terms of bonds--Maximum amount
Status: in_force

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.
S.D. Codified Laws § 41-3-10 — SD Code / Title 41 / Chapter 3 / Section 41-3-10
Management of fish hatcheries
Status: in_force

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.
S.D. Codified Laws § 41-8-25 — SD Code / Title 41 / Chapter 8 / Section 41-8-25
Maximum number of traps--Disturbance of muskrat houses--Violation as misdemeanor
Status: in_force

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.
S.D. Codified Laws § 41-20-27 — SD Code / Title 41 / Chapter 20 / Section 41-20-27
Infestation control by state forester--Cost charged to landowner
Status: in_force

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.
S.D. Codified Laws § 41-6-38 — SD Code / Title 41 / Chapter 6 / Section 41-6-38
Hoop net, trap, or setline license--Privileges and fees--Tagging of devices used--Violation as misdemeanor
Status: in_force

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.
S.D. Codified Laws § 41-8-35 — SD Code / Title 41 / Chapter 8 / Section 41-8-35
Floating batteries, sink boxes, and similar devices prohibited--Violation as misdemeanor
Status: in_force

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.
S.D. Codified Laws § 41-18-23 — SD Code / Title 41 / Chapter 18 / Section 41-18-23
Deposit of proceeds from sale of waterfront lots
Status: in_force

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.
S.D. Codified Laws § 41-23-13 — SD Code / Title 41 / Chapter 23 / Section 41-23-13
Notification to department of restricted areas--Publication by department
Status: in_force

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.
S.D. Codified Laws § 41-15A-6 — SD Code / Title 41 / Chapter 15A / Section 41-15A-6
Personal recognizance
Status: in_force

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.
S.D. Codified Laws § 41-10-4 — SD Code / Title 41 / Chapter 10 / Section 41-10-4
Fee for permit
Status: in_force

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.
S.D. Codified Laws § 41-15-13 — SD Code / Title 41 / Chapter 15 / Section 41-15-13
Taking before magistrate on refusal of promise to appear on misdemeanor charge
Status: in_force

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.
S.D. Codified Laws § 41-6-33 — SD Code / Title 41 / Chapter 6 / Section 41-6-33
Taxidermist's license--Privileges--Records--Inspections--Violation as misdemeanor
Status: in_force

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.
S.D. Codified Laws § 41-8-12 — SD Code / Title 41 / Chapter 8 / Section 41-8-12
Automatic weapon prohibited in hunting game--Violation as misdemeanor
Status: in_force

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.
S.D. Codified Laws § 41-2-34 — SD Code / Title 41 / Chapter 2 / Section 41-2-34
Fees and collections paid into departmental fund
Status: in_force

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, § 25.01 15-1 .
S.D. Codified Laws § 41-14-33 — SD Code / Title 41 / Chapter 14 / Section 41-14-33
Transportation of lawfully taken big game animal prohibited unless tagged--Violation as misdemeanor
Status: in_force

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.
S.D. Codified Laws § 41-2-6 — SD Code / Title 41 / Chapter 2 / Section 41-2-6
Filling of vacancies on commission
Status: in_force

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.
S.D. Codified Laws § 41-13-2 — SD Code / Title 41 / Chapter 13 / Section 41-13-2
Permit required to use plant control chemicals in game fish waters--Violation as misdemeanor--Promulgation of rules
Status: in_force

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.
S.D. Codified Laws § 41-17-13.3 — SD Code / Title 41 / Chapter 17 / Section 41-17-13.3
Campground permit or charges not included in park license
Status: in_force

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.
S.D. Codified Laws § 41-1-5.7 — SD Code / Title 41 / Chapter 1 / Section 41-1-5.7
Disposition of deer and antelope killed by motor vehicle
Status: in_force

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.
S.D. Codified Laws § 41-1-5.1 — SD Code / Title 41 / Chapter 1 / Section 41-1-5.1
Civil damage liability to state for unlawful killing or taking of wild animals--Amount--Return of uninjured animal--Exemption
Status: in_force

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;

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.
S.D. Codified Laws § 41-23-10 — SD Code / Title 41 / Chapter 23 / Section 41-23-10
Maximum term of lease or license
Status: in_force

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.
S.D. Codified Laws § 41-2-18 — SD Code / Title 41 / Chapter 2 / Section 41-2-18
Implementation of game, fish and conservation laws--Promulgation of rules--Violation as misdemeanor
Status: in_force

(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.
S.D. Codified Laws § 41-23-19 — SD Code / Title 41 / Chapter 23 / Section 41-23-19
Report to Executive Board of Legislative Research Council--Hearings
Status: in_force

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.
S.D. Codified Laws § 41-6-20 — SD Code / Title 41 / Chapter 6 / Section 41-6-20
Nonresident big game license--Privileges--Violation as misdemeanor
Status: in_force

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.
S.D. Codified Laws § 41-15-14 — SD Code / Title 41 / Chapter 15 / Section 41-15-14
Seizure and disposition of contraband game and fish
Status: in_force

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.
S.D. Codified Laws § 41-19-3 — SD Code / Title 41 / Chapter 19 / Section 41-19-3
Disbursements from snowmobile trails fund
Status: in_force

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.
S.D. Codified Laws § 41-14-12 — SD Code / Title 41 / Chapter 14 / Section 41-14-12
Sale, purchase, or barter of meat, organs, or paws of big game animal as misdemeanor
Status: in_force

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.
S.D. Codified Laws § 41-6-40 — SD Code / Title 41 / Chapter 6 / Section 41-6-40
Fishing allowed to purchaser from private fish hatchery--Removal of fish caught
Status: in_force

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.
S.D. Codified Laws § 41-15-10 — SD Code / Title 41 / Chapter 15 / Section 41-15-10
Conservation officers authorized to execute process--Arrest without warrant--Assistance by peace officers--"Conservation officer" defined
Status: in_force

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.
S.D. Codified Laws § 41-23-6 — SD Code / Title 41 / Chapter 23 / Section 41-23-6
Financial compensation for permission to fish prohibited--Misdemeanor
Status: in_force

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.
S.D. Codified Laws § 41-10-9 — SD Code / Title 41 / Chapter 10 / Section 41-10-9
Species of game hunted under chapter
Status: in_force

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.
S.D. Codified Laws § 41-10-18 — SD Code / Title 41 / Chapter 10 / Section 41-10-18
Owning, operating, leasing, or controlling shooting preserve without license--Misdemeanor
Status: in_force

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.
S.D. Codified Laws § 41-23-16 — SD Code / Title 41 / Chapter 23 / Section 41-23-16
Petition to open portion of marked nonmeandered lake for transportation
Status: in_force

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.
S.D. Codified Laws § 41-16-11 — SD Code / Title 41 / Chapter 16 / Section 41-16-11
Distribution to counties of federal payments from Black Hills National Forest
Status: in_force

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.
S.D. Codified Laws § 41-9-11 — SD Code / Title 41 / Chapter 9 / Section 41-9-11
Exhibition of license or identification on request of person with authority to control access to private land--Violation as misdemeanor
Status: in_force

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.
S.D. Codified Laws § 41-17-22.1 — SD Code / Title 41 / Chapter 17 / Section 41-17-22.1
Imposition of promotion fee on concessionaires--Exemption from taxation--Deposit and use
Status: in_force

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.
S.D. Codified Laws § 41-20A-7 — SD Code / Title 41 / Chapter 20A / Section 41-20A-7
Interference with forest service fire equipment as misdemeanor
Status: in_force

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.
S.D. Codified Laws § 41-13-4 — SD Code / Title 41 / Chapter 13 / Section 41-13-4
Emptying bait container into public waters as misdemeanor
Status: in_force

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.
S.D. Codified Laws § 41-18-1 — SD Code / Title 41 / Chapter 18 / Section 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
Status: in_force

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.
S.D. Codified Laws § 41-23-7 — SD Code / Title 41 / Chapter 23 / Section 41-23-7
Certain nonmeandered lakes declared open for recreational use
Status: in_force

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.
S.D. Codified Laws § 41-20A-5 — SD Code / Title 41 / Chapter 20A / Section 41-20A-5
Policies for protection of homes and other structures
Status: in_force

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.
S.D. Codified Laws § 41-13-1.1 — SD Code / Title 41 / Chapter 13 / Section 41-13-1.1
Agricultural producer not liable for result of normal farming practices
Status: in_force

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.
S.D. Codified Laws § 41-2-49 — SD Code / Title 41 / Chapter 2 / Section 41-2-49
Conservation officers--Entering private land--Liability
Status: in_force

Nothing contained in § 41-2-48 creates criminal or civil liability for a conservation officer.

Source: SL 2021, ch 183, § 2.
S.D. Codified Laws § 41-23-2 — SD Code / Title 41 / Chapter 23 / Section 41-23-2
Definitions
Status: in_force

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.
S.D. Codified Laws § 41-6-45 — SD Code / Title 41 / Chapter 6 / Section 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
Status: in_force

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.
S.D. Codified Laws § 41-6-4 — SD Code / Title 41 / Chapter 6 / Section 41-6-4
Fur-bearing license not required--Resident under eighteen
Status: in_force

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.
S.D. Codified Laws § 41-1-1.2 — SD Code / Title 41 / Chapter 1 / Section 41-1-1.2
Termination of resident status
Status: in_force

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.
S.D. Codified Laws § 41-12-2 — SD Code / Title 41 / Chapter 12 / Section 41-12-2
Fishing in private water used for propagation as misdemeanor except by consent
Status: in_force

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.
S.D. Codified Laws § 41-4-8 — SD Code / Title 41 / Chapter 4 / Section 41-4-8
State-owned areas subject to taxation for county, township, and school purposes--Assessment and extension of levies
Status: in_force

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.
S.D. Codified Laws § 41-6-31 — SD Code / Title 41 / Chapter 6 / Section 41-6-31
Breeding and domesticating license--Privileges granted--Annual report to secretary--Sale and shipment of animals or birds--Violation as misdemeanor
Status: in_force

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.
S.D. Codified Laws § 41-11-15 — SD Code / Title 41 / Chapter 11 / Section 41-11-15
Reintroduction of black-footed ferret
Status: in_force

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.
S.D. Codified Laws § 41-10-21 — SD Code / Title 41 / Chapter 10 / Section 41-10-21
Citation of chapter
Status: in_force

This chapter may be cited as the Private Shooting Preserve Act.

Source: SL 1963, ch 148, § 1.
S.D. Codified Laws § 41-11-7 — SD Code / Title 41 / Chapter 11 / Section 41-11-7
Protected birds--Possession or destruction of nest or eggs prohibited--Penalty--Exception
Status: in_force

Except as otherwise provided in this section, an individual may not take, have in possession, or intentionally 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.

Nothing in this section prohibits any egg salvage activity if:

(1) The individual holds a migratory bird special purpose salvage permit, issued by the United States Fish and Wildlife Service, in accordance with 50 C.F.R § 21.95 (January 1, 2026); and

(2) The salvage activity does not involve the eggs of birds, the taking or killing of which is at all times prohibited.

Source: SDC 1939, § 25.0403; SL 1991, ch 337, § 74; SL 2026, ch 172, § 1.
S.D. Codified Laws § 41-2-48 — SD Code / Title 41 / Chapter 2 / Section 41-2-48
Conservation officers--Entering private land--Prohibition--Exceptions
Status: in_force

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.
S.D. Codified Laws § 41-3-4 — SD Code / Title 41 / Chapter 3 / Section 41-3-4
Assent to federal wildlife restoration act--Cooperation in projects--Hunting license fees committed
Status: in_force

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.
S.D. Codified Laws § 41-17-11 — SD Code / Title 41 / Chapter 17 / Section 41-17-11
Agreements for use of Custer State Park by National Guard--Lease authorized
Status: in_force

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.
S.D. Codified Laws § 41-6-82 — SD Code / Title 41 / Chapter 6 / Section 41-6-82
Forfeiture of preference points for killing or possessing trophy animals
Status: in_force

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.
S.D. Codified Laws § 41-2-33 — SD Code / Title 41 / Chapter 2 / Section 41-2-33
Appointment of licensing agents
Status: in_force

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.
S.D. Codified Laws § 41-6-8 — SD Code / Title 41 / Chapter 6 / Section 41-6-8
Nonresident without license--Hunting or fishing on boundary waters--Carrying game into South Dakota--Violation as misdemeanor--Exception
Status: in_force

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.
S.D. Codified Laws § 41-17-18.1 — SD Code / Title 41 / Chapter 17 / Section 41-17-18.1
Permitting dogs at large as misdemeanor
Status: in_force

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.
S.D. Codified Laws § 41-2-4 — SD Code / Title 41 / Chapter 2 / Section 41-2-4
Oath and bond of commissioners
Status: in_force

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.
S.D. Codified Laws § 41-20-16 — SD Code / Title 41 / Chapter 20 / Section 41-20-16
State forester--Qualifications and authority
Status: in_force

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.
S.D. Codified Laws § 41-12-21 — SD Code / Title 41 / Chapter 12 / Section 41-12-21
Limit of fish taken by fishing party--Exception
Status: in_force

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.
S.D. Codified Laws § 41-10-2 — SD Code / Title 41 / Chapter 10 / Section 41-10-2
Issuance and renewal of operating permits
Status: in_force

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.
S.D. Codified Laws § 41-6-84 — SD Code / Title 41 / Chapter 6 / Section 41-6-84
Special license to hunt game animals--Proceeds used for habitat programs
Status: in_force

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.
S.D. Codified Laws § 41-2-46 — SD Code / Title 41 / Chapter 2 / Section 41-2-46
Landowner presentation of proof of ownership--Contents
Status: in_force

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.
S.D. Codified Laws § 41-15A-5 — SD Code / Title 41 / Chapter 15A / Section 41-15A-5
Issuance of wildlife violation citation to resident of participating state--Collateral not required to secure appearance--Exceptions
Status: in_force

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.
S.D. Codified Laws § 41-15A-19 — SD Code / Title 41 / Chapter 15A / Section 41-15A-19
Board election of presiding officer and vice presiding officer
Status: in_force

The board shall elect annually from its membership a presiding officer and a vice presiding officer.

Source: SL 2004, ch 267, § 19.
S.D. Codified Laws § 41-2-44 — SD Code / Title 41 / Chapter 2 / Section 41-2-44
Landowner agreement--Contents
Status: in_force

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.
S.D. Codified Laws § 41-6-27 — SD Code / Title 41 / Chapter 6 / Section 41-6-27
Resident wild turkey license--Privileges--Violation as misdemeanor
Status: in_force

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.
S.D. Codified Laws § 41-14-5 — SD Code / Title 41 / Chapter 14 / Section 41-14-5
Service of game in public eating house during closed season as misdemeanor
Status: in_force

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.
S.D. Codified Laws § 41-15A-31 — SD Code / Title 41 / Chapter 15A / Section 41-15A-31
Adoption of amendment--Effective date
Status: in_force

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.
S.D. Codified Laws § 41-6-19.4 — SD Code / Title 41 / Chapter 6 / Section 41-6-19.4
Nonresident landowner--Limited deer or antelope license--Promulgation of rules
Status: in_force

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.
S.D. Codified Laws § 41-2-25 — SD Code / Title 41 / Chapter 2 / Section 41-2-25
Park and recreational improvements on leased lands
Status: in_force

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.
S.D. Codified Laws § 41-7-1 — SD Code / Title 41 / Chapter 7 / Section 41-7-1
Hunting license to child under sixteen--Requirements--Penalty
Status: in_force

Notwithstanding § 41-6-13 , a hunting license, other than a mentored youth hunting license, may not be issued to a child under the age of sixteen, unless the child presents to the person authorized to issue the license:

(1) A certificate verifying the successful completion of a hunter safety or hunter education course, as provided for in rules promulgated by the Game, Fish and Parks Commission, pursuant to chapter 1-26 ;

(2) A certificate verifying the successful completion of a hunter safety or hunter education course from another state or province of Canada; or

(3) 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; SL 2025, ch 175, § 5.
S.D. Codified Laws § 41-15A-9 — SD Code / Title 41 / Chapter 15A / Section 41-15A-9
Notification of failure to comply with citation--Period to comply--Suspension of privileges--Due process--Record
Status: in_force

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.
S.D. Codified Laws § 41-9-1.2 — SD Code / Title 41 / Chapter 9 / Section 41-9-1.2
Big game hunting on highways and public rights-of-way prohibited--Exceptions--Violation as misdemeanor
Status: in_force

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.
S.D. Codified Laws § 41-8-29 — SD Code / Title 41 / Chapter 8 / Section 41-8-29
Cancellation of trapping license on conviction--New license prohibited for two years
Status: in_force

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.
S.D. Codified Laws § 41-17-12 — SD Code / Title 41 / Chapter 17 / Section 41-17-12
New highways, roads, and trails in state parks--Violation as misdemeanor
Status: in_force

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.
S.D. Codified Laws § 41-19-2 — SD Code / Title 41 / Chapter 19 / Section 41-19-2
Acquisition and improvement of snowmobile trails and areas
Status: in_force

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.
S.D. Codified Laws § 41-15A-16 — SD Code / Title 41 / Chapter 15A / Section 41-15A-16
Effect of compact on right of participating states to apply license privilege laws or enter into agreements
Status: in_force

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.
S.D. Codified Laws § 41-23-14 — SD Code / Title 41 / Chapter 23 / Section 41-23-14
Right of ingress or egress on private property not created
Status: in_force

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.
S.D. Codified Laws § 41-2-3 — SD Code / Title 41 / Chapter 2 / Section 41-2-3
Terms of office of commissioners--Annual appointments--Restrictions on appointments
Status: in_force

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.
S.D. Codified Laws § 41-18-3 — SD Code / Title 41 / Chapter 18 / Section 41-18-3
Freeholders' petition for establishment of park--Contents--Hearing on petition
Status: in_force

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.
S.D. Codified Laws § 41-13-8 — SD Code / Title 41 / Chapter 13 / Section 41-13-8
Tagging and identification of devices used by contract fishermen
Status: in_force

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.
S.D. Codified Laws § 41-4-9 — SD Code / Title 41 / Chapter 4 / Section 41-4-9
Reimbursement of lessees of state-owned land condemned by United States
Status: in_force

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.
S.D. Codified Laws § 41-14-23 — SD Code / Title 41 / Chapter 14 / Section 41-14-23
Records required of fur dealers--Open to inspection--Violation as misdemeanor
Status: in_force

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.
S.D. Codified Laws § 41-8-15 — SD Code / Title 41 / Chapter 8 / Section 41-8-15
Dogs prohibited in hunting big game--Exceptions--Violation
Status: in_force

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.
S.D. Codified Laws § 41-2-47 — SD Code / Title 41 / Chapter 2 / Section 41-2-47
Appraisals of real property by department--Market value defined
Status: in_force

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.
S.D. Codified Laws § 41-2-23 — SD Code / Title 41 / Chapter 2 / Section 41-2-23
Improvement of wildlife habitat--Access lands--State title not required
Status: in_force

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.
S.D. Codified Laws § 41-9-8 — SD Code / Title 41 / Chapter 9 / Section 41-9-8
Unauthorized presence on private property--Retrieval of game--Penalty
Status: in_force

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.
S.D. Codified Laws § 41-6-74.3 — SD Code / Title 41 / Chapter 6 / Section 41-6-74.3
Revocation to be noted on face of license--Violation as misdemeanor
Status: in_force

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.
S.D. Codified Laws § 41-23-11 — SD Code / Title 41 / Chapter 23 / Section 41-23-11
Limitation of liability of owner of property under lakes
Status: in_force

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.
S.D. Codified Laws § 41-2-1 — SD Code / Title 41 / Chapter 2 / Section 41-2-1
Department and commission continued
Status: in_force

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.
S.D. Codified Laws § 41-2-8 — SD Code / Title 41 / Chapter 2 / Section 41-2-8
Annual meeting of commission--Chair and vice chair--Additional meetings
Status: in_force

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.
S.D. Codified Laws § 41-7-2 — SD Code / Title 41 / Chapter 7 / Section 41-7-2
Department to provide for course of instruction
Status: in_force

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.
S.D. Codified Laws § 41-4-4 — SD Code / Title 41 / Chapter 4 / Section 41-4-4
Procedure for timber sales
Status: in_force

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.
S.D. Codified Laws § 41-15A-32 — SD Code / Title 41 / Chapter 15A / Section 41-15A-32
Failure to respond after receipt of proposed amendment--Endorsement
Status: in_force

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.
S.D. Codified Laws § 41-14-11 — SD Code / Title 41 / Chapter 14 / Section 41-14-11
Possession of more than one big game animal as prima facie evidence of violation--Taxidermist excepted
Status: in_force

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.
S.D. Codified Laws § 41-6-75 — SD Code / Title 41 / Chapter 6 / Section 41-6-75
Penalty for hunting, fishing or trapping while under license revocation
Status: in_force

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.
S.D. Codified Laws § 41-6-17 — SD Code / Title 41 / Chapter 6 / Section 41-6-17
Nonresident licenses and permits for hunting of small game and migratory birds--Privileges--Violation as misdemeanor
Status: in_force

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.
S.D. Codified Laws § 41-13-11 — SD Code / Title 41 / Chapter 13 / Section 41-13-11
Disposition of proceeds from sale of game fish
Status: in_force

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.
S.D. Codified Laws § 41-18-22 — SD Code / Title 41 / Chapter 18 / Section 41-18-22
Terms of sale of waterfront lots--Minimum down payment and maximum contract period
Status: in_force

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.
S.D. Codified Laws § 41-20A-4 — SD Code / Title 41 / Chapter 20A / Section 41-20A-4
Promulgation of rules
Status: in_force

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.
S.D. Codified Laws § 41-12-12 — SD Code / Title 41 / Chapter 12 / Section 41-12-12
Fishing devices prohibited--Landing nets and gaffs permitted--Violation as misdemeanor
Status: in_force

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.
S.D. Codified Laws § 41-12-3 — SD Code / Title 41 / Chapter 12 / Section 41-12-3
Labeling and access to fishing houses erected on ice--Neglect as misdemeanor--Exception for portable shelters
Status: in_force

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.
S.D. Codified Laws § 41-6-44 — SD Code / Title 41 / Chapter 6 / Section 41-6-44
Resident wholesale bait dealer license--Privileges granted--Rules--Violation as misdemeanor
Status: in_force

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.
S.D. Codified Laws § 41-1-13 — SD Code / Title 41 / Chapter 1 / Section 41-1-13
Report of euthanasia to department
Status: in_force

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.
S.D. Codified Laws § 41-15-3 — SD Code / Title 41 / Chapter 15 / Section 41-15-3
Law enforcement officers to enforce game and fish laws
Status: in_force

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.
S.D. Codified Laws § 41-1-1.1 — SD Code / Title 41 / Chapter 1 / Section 41-1-1.1
Persons deemed state residents
Status: in_force

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.
S.D. Codified Laws § 41-8-11 — SD Code / Title 41 / Chapter 8 / Section 41-8-11
Maximum number of cartridges in self-loading firearm used to hunt big game--Violation as misdemeanor
Status: in_force

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.
S.D. Codified Laws § 41-6-75.1 — SD Code / Title 41 / Chapter 6 / Section 41-6-75.1
Revocation, suspension of nonresident license precludes licensing in this state--Violation
Status: in_force

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.
S.D. Codified Laws § 41-10-17 — SD Code / Title 41 / Chapter 10 / Section 41-10-17
Guest register and records required of permittee--Inspection by department--Violation as misdemeanor
Status: in_force

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.
S.D. Codified Laws § 41-8-10 — SD Code / Title 41 / Chapter 8 / Section 41-8-10
Minimum caliber of muzzle loading big game ammunition--Violation as misdemeanor
Status: in_force

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.
S.D. Codified Laws § 41-10-7.1 — SD Code / Title 41 / Chapter 10 / Section 41-10-7.1
Contested case hearing upon denial of shooting preserve operating permit--Request
Status: in_force

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.
S.D. Codified Laws § 41-10-3 — SD Code / Title 41 / Chapter 10 / Section 41-10-3
Application for permit--Maximum area of preserve
Status: in_force

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.
S.D. Codified Laws § 41-23-18 — SD Code / Title 41 / Chapter 23 / Section 41-23-18
Criminal trespass--Exceptions
Status: in_force

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.
S.D. Codified Laws § 41-3-4.1 — SD Code / Title 41 / Chapter 3 / Section 41-3-4.1
Wildlife mitigation condemnations to be restricted to direct beneficiaries of project--Federal contracts--Missouri River reservoirs excepted
Status: in_force

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.
S.D. Codified Laws § 41-11-5 — SD Code / Title 41 / Chapter 11 / Section 41-11-5
Establishing season for game birds--Closing
Status: in_force

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.
S.D. Codified Laws § 41-17-4 — SD Code / Title 41 / Chapter 17 / Section 41-17-4
Construction and acquisition of recreational facilities within parks and recreational areas
Status: in_force

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.
S.D. Codified Laws § 41-19-6 — SD Code / Title 41 / Chapter 19 / Section 41-19-6
Marking trails on public lands--Directions to public use area
Status: in_force

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.
S.D. Codified Laws § 41-12-6 — SD Code / Title 41 / Chapter 12 / Section 41-12-6
Fishing with excessive number of lines as misdemeanor
Status: in_force

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.
S.D. Codified Laws § 41-14-4 — SD Code / Title 41 / Chapter 14 / Section 41-14-4
Tagging required for public storage of game--Tagging requirements to be posted--Public storage defined--Violation as misdemeanor
Status: in_force

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.
S.D. Codified Laws § 41-9-1.4 — SD Code / Title 41 / Chapter 9 / Section 41-9-1.4
Discharge of firearm while on certain public waters prohibited--Exception--Violation as misdemeanor
Status: in_force

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.
S.D. Codified Laws § 41-2-42 — SD Code / Title 41 / Chapter 2 / Section 41-2-42
Approval of conveyances
Status: in_force

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.
S.D. Codified Laws § 41-16-14 — SD Code / Title 41 / Chapter 16 / Section 41-16-14
Annual determination and payment of amounts due counties from national forests--Use for roads and schools
Status: in_force

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.
S.D. Codified Laws § 41-2-22 — SD Code / Title 41 / Chapter 2 / Section 41-2-22
Operation of controlled hunting areas
Status: in_force

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.
S.D. Codified Laws § 41-20A-8 — SD Code / Title 41 / Chapter 20A / Section 41-20A-8
State fire suppression special revenue fund
Status: in_force

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.
S.D. Codified Laws § 41-2-2 — SD Code / Title 41 / Chapter 2 / Section 41-2-2
Political affiliations of commissioners--Farmer members--Residence and gross income requirements
Status: in_force

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.
S.D. Codified Laws § 41-17-28 — SD Code / Title 41 / Chapter 17 / Section 41-17-28
Golf carts used within state parks or recreation areas
Status: in_force

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.
S.D. Codified Laws § 41-11-1 — SD Code / Title 41 / Chapter 11 / Section 41-11-1
Wild birds and wild animals as property of state
Status: in_force

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.
S.D. Codified Laws § 41-15A-25 — SD Code / Title 41 / Chapter 15A / Section 41-15A-25
Entry into compact by resolution of ratification--Approval by commission
Status: in_force

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.
S.D. Codified Laws § 41-3-2 — SD Code / Title 41 / Chapter 3 / Section 41-3-2
Collection and publication of conservation information
Status: in_force

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).
S.D. Codified Laws § 41-15A-27 — SD Code / Title 41 / Chapter 15A / Section 41-15A-27
Effective date of entry into compact--Limitations
Status: in_force

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.
S.D. Codified Laws § 41-14-2 — SD Code / Title 41 / Chapter 14 / Section 41-14-2
Possession of protected bird, animal, or fish as prima facie evidence of state ownership
Status: in_force

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.
S.D. Codified Laws § 41-6-18.1 — SD Code / Title 41 / Chapter 6 / Section 41-6-18.1
Nonresident waterfowl license, migratory bird permit, and federal stamp required--Violation as misdemeanor--Number of licenses
Status: in_force

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.
S.D. Codified Laws § 41-6-16 — SD Code / Title 41 / Chapter 6 / Section 41-6-16
Resident licenses, permits, and stamps for hunting of small game, migratory birds, and migratory waterfowl--Violation as misdemeanor
Status: in_force

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.
S.D. Codified Laws § 41-23-9 — SD Code / Title 41 / Chapter 23 / Section 41-23-9
Petition to restrict recreational use of listed nonmeandered lake
Status: in_force

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.
S.D. Codified Laws § 41-13-1 — SD Code / Title 41 / Chapter 13 / Section 41-13-1
Dumping of refuse or chemicals into game fish waters as misdemeanor--Liability for restoration
Status: in_force

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.
S.D. Codified Laws § 41-17-9 — SD Code / Title 41 / Chapter 17 / Section 41-17-9
Bond obligation restricted to revenues pledged
Status: in_force

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.
S.D. Codified Laws § 41-17-22.4 — SD Code / Title 41 / Chapter 17 / Section 41-17-22.4
Procedure for sale, assignment, or transfer of concessionaire leases
Status: in_force

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.
S.D. Codified Laws § 41-3-12 — SD Code / Title 41 / Chapter 3 / Section 41-3-12
Receipt and distribution of fish and spawn
Status: in_force

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.
S.D. Codified Laws § 41-10-6 — SD Code / Title 41 / Chapter 10 / Section 41-10-6
Inspection of shooting preserve area--Evaluation of applicant's ability
Status: in_force

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.
S.D. Codified Laws § 41-18-12 — SD Code / Title 41 / Chapter 18 / Section 41-18-12
Maximum payment for property acquisition
Status: in_force

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.
S.D. Codified Laws § 41-6-80 — SD Code / Title 41 / Chapter 6 / Section 41-6-80
Predator/varmint license required to hunt, take, or kill certain animals--Exceptions--Violation as misdemeanor
Status: in_force

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.
S.D. Codified Laws § 41-4-2 — SD Code / Title 41 / Chapter 4 / Section 41-4-2
Condemnation costs payable from departmental fund--Vouchers and warrants
Status: in_force

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.
S.D. Codified Laws § 41-17-10 — SD Code / Title 41 / Chapter 17 / Section 41-17-10
Assistance in maintenance of Custer County schools--Maximum amounts
Status: in_force

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.
S.D. Codified Laws § 41-2-31 — SD Code / Title 41 / Chapter 2 / Section 41-2-31
Acceptance and use of federal grants and other donations
Status: in_force

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.
S.D. Codified Laws § 41-6-18.2 — SD Code / Title 41 / Chapter 6 / Section 41-6-18.2
Limitation of number of nonresident waterfowl licenses--Lottery selection
Status: in_force

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.
S.D. Codified Laws § 41-8-18 — SD Code / Title 41 / Chapter 8 / Section 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
Status: in_force

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.
S.D. Codified Laws § 41-6-75.2 — SD Code / Title 41 / Chapter 6 / Section 41-6-75.2
Hunting, trapping, fishing or applying for license, permit or preference point while privileges suspended--Misdemeanor
Status: in_force

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.
S.D. Codified Laws § 41-16-15 — SD Code / Title 41 / Chapter 16 / Section 41-16-15
Apportionment among school districts and funds of county receipts from national forests
Status: in_force

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.
S.D. Codified Laws § 41-1-2 — SD Code / Title 41 / Chapter 1 / Section 41-1-2
Game birds, animals, and fish as property of state
Status: in_force

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.
S.D. Codified Laws § 41-17-13 — SD Code / Title 41 / Chapter 17 / Section 41-17-13
Park license--Lakeside use and state recreation areas--Fees--Promulgation of rules
Status: in_force

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.
S.D. Codified Laws § 41-18-25 — SD Code / Title 41 / Chapter 18 / Section 41-18-25
Minimum distance of dance hall from county park
Status: in_force

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.
S.D. Codified Laws § 41-15A-15 — SD Code / Title 41 / Chapter 15A / Section 41-15A-15
Authority to suspend privileges in home state upon receipt of notice of suspension by participating state--Notification--Surrender of license
Status: in_force

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.
S.D. Codified Laws § 41-15A-2 — SD Code / Title 41 / Chapter 15A / Section 41-15A-2
Purpose of chapter and compact
Status: in_force

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.
S.D. Codified Laws § 41-18-13 — SD Code / Title 41 / Chapter 18 / Section 41-18-13
Maximum payment not applicable when bonds issued
Status: in_force

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.
S.D. Codified Laws § 41-17-18 — SD Code / Title 41 / Chapter 17 / Section 41-17-18
Hunting and trapping in Custer State Park as misdemeanor
Status: in_force

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.
S.D. Codified Laws § 41-20-14 — SD Code / Title 41 / Chapter 20 / Section 41-20-14
Definitions
Status: in_force

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.
S.D. Codified Laws § 41-6-78 — SD Code / Title 41 / Chapter 6 / Section 41-6-78
Training of dogs on wild game birds restricted--Rules--Violation as misdemeanor
Status: in_force

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.
S.D. Codified Laws § 41-6-36 — SD Code / Title 41 / Chapter 6 / Section 41-6-36
Nonresident fishing license--Privileges
Status: in_force

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.
S.D. Codified Laws § 41-16-13 — SD Code / Title 41 / Chapter 16 / Section 41-16-13
Maximum national forest receipts paid to counties
Status: in_force

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.
S.D. Codified Laws § 41-14-10 — SD Code / Title 41 / Chapter 14 / Section 41-14-10
Carriage of game bird by employee of common carrier as misdemeanor
Status: in_force

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.
S.D. Codified Laws § 41-23-1 — SD Code / Title 41 / Chapter 23 / Section 41-23-1
Legislative findings
Status: in_force

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.
S.D. Codified Laws § 41-15A-3 — SD Code / Title 41 / Chapter 15A / Section 41-15A-3
Definitions
Status: in_force

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.
S.D. Codified Laws § 41-1-1 — SD Code / Title 41 / Chapter 1 / Section 41-1-1
Definitions
Status: in_force

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.
S.D. Codified Laws § 41-6-71 — SD Code / Title 41 / Chapter 6 / Section 41-6-71
License not transferable--Violation as misdemeanor
Status: in_force

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.
S.D. Codified Laws § 41-8-6 — SD Code / Title 41 / Chapter 8 / Section 41-8-6
License required to hunt big game--Violation
Status: in_force

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.
S.D. Codified Laws § 41-18-21 — SD Code / Title 41 / Chapter 18 / Section 41-18-21
Sale of waterfront lots--Minimum price--Time of appraisal
Status: in_force

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.
S.D. Codified Laws § 41-20-19 — SD Code / Title 41 / Chapter 20 / Section 41-20-19
Assistance in tree planting
Status: in_force

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.
S.D. Codified Laws § 41-2-1.1 — SD Code / Title 41 / Chapter 2 / Section 41-2-1.1
Department continued--Performance of functions
Status: in_force

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.
S.D. Codified Laws § 41-15-16.1 — SD Code / Title 41 / Chapter 15 / Section 41-15-16.1
Fish house or other shelter on ice of public waters--Seizure or destruction
Status: in_force

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.
S.D. Codified Laws § 41-6-1 — SD Code / Title 41 / Chapter 6 / Section 41-6-1
Exempt persons--Conditions and rules
Status: in_force

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.
S.D. Codified Laws § 41-6-35 — SD Code / Title 41 / Chapter 6 / Section 41-6-35
Resident fishing license--Privileges--Exemption from fee
Status: in_force

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.
S.D. Codified Laws § 41-20A-6 — SD Code / Title 41 / Chapter 20A / Section 41-20A-6
Prevention and suppression of forest fires--Court action against person responsible for fires
Status: in_force

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.
S.D. Codified Laws § 41-17-14 — SD Code / Title 41 / Chapter 17 / Section 41-17-14
Use of fees from park licenses--Land purchase prohibited
Status: in_force

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.
S.D. Codified Laws § 41-6-18.4 — SD Code / Title 41 / Chapter 6 / Section 41-6-18.4
Temporary nonresident waterfowl licenses--Promulgation of rules--Number of licenses--Disposition of revenue
Status: in_force

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.
S.D. Codified Laws § 41-17-6 — SD Code / Title 41 / Chapter 17 / Section 41-17-6
Pledge of revenues as security for bonds--Apportionment of revenue when existing facilities improved
Status: in_force

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.
S.D. Codified Laws § 41-6-43 — SD Code / Title 41 / Chapter 6 / Section 41-6-43
Records and reports required of private fish hatchery
Status: in_force

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.
S.D. Codified Laws § 41-15A-4 — SD Code / Title 41 / Chapter 15A / Section 41-15A-4
Enforcement by Department of Game, Fish and Parks
Status: in_force

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.
S.D. Codified Laws § 41-9-4 — SD Code / Title 41 / Chapter 9 / Section 41-9-4
Posting private land without consent as misdemeanor--Posting public land
Status: in_force

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.
S.D. Codified Laws § 41-15A-10 — SD Code / Title 41 / Chapter 15A / Section 41-15A-10
Notification of privileges suspension--Hearing upon request--Procedure
Status: in_force

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.
S.D. Codified Laws § 41-8-20 — SD Code / Title 41 / Chapter 8 / Section 41-8-20
Open seasons on fur-bearing animals
Status: in_force

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.
S.D. Codified Laws § 41-3-11 — SD Code / Title 41 / Chapter 3 / Section 41-3-11
Assent to federal fish restoration and management act--Cooperative projects--Fishing license fees committed
Status: in_force

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.
S.D. Codified Laws § 41-6-26 — SD Code / Title 41 / Chapter 6 / Section 41-6-26
Revocation of fur dealer's license--New license prohibited for two years
Status: in_force

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.
S.D. Codified Laws § 41-10-11 — SD Code / Title 41 / Chapter 10 / Section 41-10-11
Season for shooting preserves
Status: in_force

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.
S.D. Codified Laws § 41-6-29 — SD Code / Title 41 / Chapter 6 / Section 41-6-29
Permit to kill animal or bird doing damage--Animal or bird as property of state--Disposition--Violation a misdemeanor
Status: in_force

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.
S.D. Codified Laws § 41-10-1 — SD Code / Title 41 / Chapter 10 / Section 41-10-1
Definition of terms
Status: in_force

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.
S.D. Codified Laws § 41-2-19.1 — SD Code / Title 41 / Chapter 2 / Section 41-2-19.1
Acquisition, management, and improvement of property--Large projects--Legislature’s prior approval required--Project division prohibited--Attorney general action--Applicability
Status: in_force

Notwithstanding any provision of this title to the contrary, the Department of Game, Fish and Parks may not acquire, build, or significantly improve a building, facility, or other physical asset, or build or significantly improve any infrastructure, or enter into a lease or a lease-purchase agreement, if doing so would require a cumulative capital expenditure in excess of two million five hundred thousand dollars, without first obtaining the express approval of the Legislature.

Notwithstanding any provision of this title to the contrary, the Department of Game, Fish and Parks may not acquire any public or private real property if doing so would require a cumulative capital expenditure in excess of two million five hundred thousand dollars, without first obtaining:

(1) The express approval of the Legislature; or

(2) The express approval of the special committee created in accordance with § 4-8A-2 , if:

(a) Time is of the essence; and

(b) The Legislature is in a recess or between sessions.

No acquisition, construction, improvement, or contract described in this section may be divided so as to require multiple smaller capital expenditures in order to avoid or otherwise defeat the approval threshold established in this section.

Any contract entered into in violation of this section is voidable in a legal action initiated by the attorney general.

The applicability of this section includes any action authorized under this title.

Source: SL 2025, ch 174, § 2.
S.D. Codified Laws § 41-15A-24 — SD Code / Title 41 / Chapter 15A / Section 41-15A-24
Effective date of compact
Status: in_force

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.
S.D. Codified Laws § 41-6-18.5 — SD Code / Title 41 / Chapter 6 / Section 41-6-18.5
Temporary nonresident waterfowl license--Active duty military--Limit
Status: in_force

An individual who is a nonresident of this state and on active duty in the armed forces of the United States, as defined in § 58-33-117 , may annually purchase one fall three-day temporary nonresident waterfowl license, applicable to any unit for which temporary nonresident waterfowl licenses are otherwise issued.

An individual purchasing a license in accordance with this section must present a valid military identification card and obtain a federal migratory bird stamp and a migratory bird certification permit.

A license issued pursuant to this section is valid only on private land.

The Department of Game, Fish and Parks shall limit the number of licenses available for purchase each year, in accordance with this section, to one hundred. The Game, Fish and Parks Commission may not include that number when placing any other limitation on the number of licenses that may be issued.

Source: SL 2025, ch 176, § 1.
S.D. Codified Laws § 41-15A-12 — SD Code / Title 41 / Chapter 15A / Section 41-15A-12
Suspension effective upon failure to request hearing or affirmation of suspension--Surrender of license
Status: in_force

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.
S.D. Codified Laws § 41-3-5 — SD Code / Title 41 / Chapter 3 / Section 41-3-5
Assent to federal recreation and fish and wildlife act--Cooperation in management of fish, wildlife, and recreation areas
Status: in_force

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.
S.D. Codified Laws § 41-6-59.1 — SD Code / Title 41 / Chapter 6 / Section 41-6-59.1
Regulation of fee remittance by agents to county treasurers
Status: in_force

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.
S.D. Codified Laws § 41-14-14 — SD Code / Title 41 / Chapter 14 / Section 41-14-14
Tag required for big game transport--Violation as misdemeanor
Status: in_force

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.
S.D. Codified Laws § 41-4-13 — SD Code / Title 41 / Chapter 4 / Section 41-4-13
Hunting guide activities barred from certain state-owned or state-managed areas--Violations
Status: in_force

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.
S.D. Codified Laws § 41-13A-7 — SD Code / Title 41 / Chapter 13A / Section 41-13A-7
Law enforcement authority--Inspections--Decontamination
Status: in_force

(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.
S.D. Codified Laws § 41-18-4 — SD Code / Title 41 / Chapter 18 / Section 41-18-4
Publication of notice of hearing on park petition--Description of land
Status: in_force

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.
S.D. Codified Laws § 41-15A-28 — SD Code / Title 41 / Chapter 15A / Section 41-15A-28
Withdrawal from compact participation--Notice--Effective date
Status: in_force

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.
S.D. Codified Laws § 41-3-6 — SD Code / Title 41 / Chapter 3 / Section 41-3-6
Assent to federal acquisition of property for migratory bird conservation
Status: in_force

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.
S.D. Codified Laws § 41-6-74.1 — SD Code / Title 41 / Chapter 6 / Section 41-6-74.1
Revocation of hunting, fishing, or trapping privilege for conviction of certain offenses
Status: in_force

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;

Source: SL 1997, ch 234, § 2; SL 2000, ch 207, § 1; SL 2009, ch 209, § 1.
S.D. Codified Laws § 41-2-21.1 — SD Code / Title 41 / Chapter 2 / Section 41-2-21.1
Railroad right-of-way responsibility--Taxation
Status: in_force

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.
S.D. Codified Laws § 41-8-17.1 — SD Code / Title 41 / Chapter 8 / Section 41-8-17.1
Spotlighting and artificial lighting--Prohibitions--Exceptions--Violation as misdemeanor
Status: in_force

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.
S.D. Codified Laws § 41-3-13 — SD Code / Title 41 / Chapter 3 / Section 41-3-13
Propagation and stocking of fishing waters--Stocking of game animals and birds
Status: in_force

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.
S.D. Codified Laws § 41-15-19 — SD Code / Title 41 / Chapter 15 / Section 41-15-19
Report to secretary of contraband seized
Status: in_force

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.
S.D. Codified Laws § 41-2-29.2 — SD Code / Title 41 / Chapter 2 / Section 41-2-29.2
Trade or exchange of real property owned by state--Requirements and procedure
Status: in_force

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.
S.D. Codified Laws § 41-8-43 — SD Code / Title 41 / Chapter 8 / Section 41-8-43
Limit of small game taken by hunting party--Exceptions
Status: in_force

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.
S.D. Codified Laws § 41-2-1.2 — SD Code / Title 41 / Chapter 2 / Section 41-2-1.2
Direction and supervision of commission--Independent functions retained
Status: in_force

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.
S.D. Codified Laws § 41-6-10 — SD Code / Title 41 / Chapter 6 / Section 41-6-10
Licenses, stamps, and permits enumerated--Fees--Promulgation of rules
Status: in_force

Licenses, permits, and stamps issued under this title are classified as follows:

(1) Breeding and raising birds license;

(2) Disabled hunter permit;

(3) Export bait dealer license;

(4) Fur dealer's license;

(5) Hoop net, trap, or setline license;

(6) Mentored youth hunting license;

(7) Nonresident big game license;

(8) Nonresident fishing license;

(9) Nonresident and resident migratory bird certification permit;

(10) Nonresident predator/varmint license;

(11) Nonresident retail bait dealer license;

(12) Nonresident shooting preserve license;

(13) Nonresident small game license;

(14) Nonresident wholesale bait dealer license;

(15) Nonresident wild turkey license;

(16) Nursing facility group fishing license;

(17) Park user's license;

(18) Permit for transportation of big game animal;

(19) Private fish hatchery license;

(20) Reciprocal nonresident license to take fur-bearing animals;

(21) Resident license to take fur-bearing animals;

(22) Resident big game license;

(23) Resident elk license;

(24) Resident fishing license and resident senior fishing license;

(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) Taxidermist's license;

(33) Temporary fishing and hunting licenses;

(34) Temporary nonresident early fall Canada goose license;

(35) Temporary nonresident fall three-day waterfowl license; and

(36) Temporary nonresident spring snow goose license.

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; SL 2025, ch 175, § 1.
S.D. Codified Laws § 41-6-83 — SD Code / Title 41 / Chapter 6 / Section 41-6-83
Restriction on hunting wolves
Status: in_force

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.
S.D. Codified Laws § 41-18-19 — SD Code / Title 41 / Chapter 18 / Section 41-18-19
Survey and subdivision of waterfront lots before sale--Restrictions on use of lots
Status: in_force

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.
S.D. Codified Laws § 41-6-19.3 — SD Code / Title 41 / Chapter 6 / Section 41-6-19.3
Resident landowner--Limited deer or antelope license--Promulgation of rules
Status: in_force

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.
S.D. Codified Laws § 41-1-9 — SD Code / Title 41 / Chapter 1 / Section 41-1-9
Disobeying order of peace officer to desist from interfering as misdemeanor
Status: in_force

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.
S.D. Codified Laws § 41-17-13.4 — SD Code / Title 41 / Chapter 17 / Section 41-17-13.4
Free admission and reduced fees for certain veterans
Status: in_force

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.
S.D. Codified Laws § 41-16-12 — SD Code / Title 41 / Chapter 16 / Section 41-16-12
Payment to Harding County of receipts from Custer National Forest
Status: in_force

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.
S.D. Codified Laws § 41-14-20 — SD Code / Title 41 / Chapter 14 / Section 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
Status: in_force

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.
S.D. Codified Laws § 41-6-13 — SD Code / Title 41 / Chapter 6 / Section 41-6-13
Hunting license for minor less than sixteen--Restrictions and requirements--Violation as misdemeanor
Status: in_force

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.
S.D. Codified Laws § 41-6-7 — SD Code / Title 41 / Chapter 6 / Section 41-6-7
Entry of unlicensed person onto boundary waters from South Dakota for hunting or fishing as misdemeanor
Status: in_force

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.
S.D. Codified Laws § 41-3-3 — SD Code / Title 41 / Chapter 3 / Section 41-3-3
Cooperation with federal agencies in propagation, preservation and protection of game and fish--Expenditure of funds
Status: in_force

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.
S.D. Codified Laws § 41-12-5 — SD Code / Title 41 / Chapter 12 / Section 41-12-5
Fishing restricted to hook and line except as provided--Violation as misdemeanor
Status: in_force

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.
S.D. Codified Laws § 41-8-42 — SD Code / Title 41 / Chapter 8 / Section 41-8-42
Prairie dog shooting season open year-round
Status: in_force

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.
S.D. Codified Laws § 41-13A-3 — SD Code / Title 41 / Chapter 13A / Section 41-13A-3
Conveyance placement--Requirements--Violation as misdemeanor
Status: in_force

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.
S.D. Codified Laws § 41-6-53 — SD Code / Title 41 / Chapter 6 / Section 41-6-53
Nonresident or visitor's license--Eligibility
Status: in_force

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.
S.D. Codified Laws § 41-4-1.1 — SD Code / Title 41 / Chapter 4 / Section 41-4-1.1
Notice to landowner required prior to purchase of land
Status: in_force

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.
S.D. Codified Laws § 41-18-16 — SD Code / Title 41 / Chapter 18 / Section 41-18-16
Abatement of proceedings when condemnation judgment excessive--Payment of costs
Status: in_force

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.