S.D. Codified Laws § 41-14-32 — SD Code / Title 41 / Chapter 14 / Section 41-14-32
Unlawful taking, possession, sale, or transportation of birds, animals, or fish as misdemeanor
Status: in_force

No person may take, catch, kill, or possess; possess with intent to sell; sell, offer, or expose for sale; ship by common carrier, convey, or cause to be conveyed; or possess with intent to ship or convey to any point, either within or without this state, any bird, animal, or fish, or any part of any bird, animal, or fish, in violation of any state law or administrative rule. No common carrier or agent of a common carrier may aid or abet any person in shipping any such bird, animal, or fish, nor possess any such bird, animal, or fish with intent to ship or convey to any point either within or without this state contrary to law.

A violation of this section pertaining to any bird, animal, or fish other than a big game animal is a Class 2 misdemeanor for each bird, animal, or fish, or any part of any such bird, animal, or fish taken, caught, killed, sold, offered for sale, exposed for sale, possessed, possessed with intent to sell, shipped by common carrier, or transported to any point within or without this state in violation of law. A violation of this section pertaining to any big game animal is a Class 1 misdemeanor for each big game animal, or any part of any such big game animal, taken, caught, killed, sold, offered for sale, exposed for sale, possessed, possessed with intent to sell, shipped by common carrier, or transported to any point within or without this state in violation of law.

The total imprisonment for violations of this section which occur at the same time may not exceed one year.

Source: SDC 1939, § 25.9901; SL 1977, ch 190, § 602; SL 1986, ch 357; SL 1991, ch 337, § 85; SL 2009, ch 206, § 80.
S.D. Codified Laws § 41-23-4 — SD Code / Title 41 / Chapter 23 / Section 41-23-4
Permission to use portion of nonmeandered lake
Status: in_force

Any person is entitled to recreational use of the portion of a nonmeandered lake that overlies private property if the person has permission from the owner of the private property.

Source: SL 2017 (SS), ch 1, § 4, eff. June 12, 2017.
S.D. Codified Laws § 41-14-7 — SD Code / Title 41 / Chapter 14 / Section 41-14-7
Transportation of birds by common carrier prohibited except as provided--Violation as misdemeanor
Status: in_force

Except as permitted by statute, or rule of the Game, Fish and Parks Commission, it is a Class 2 misdemeanor for a common carrier, its officers, agents, or servants to ship, carry, take, or transport any resident or migratory bird either within or beyond the confines of this state.

Source: SDC 1939, § 25.0404; SL 1941, ch 108; SL 1943, ch 93; SL 1947, ch 110; SL 1957, ch 104; SL 1991, ch 337, § 81.
S.D. Codified Laws § 41-10-12 — SD Code / Title 41 / Chapter 10 / Section 41-10-12
Resident basic game and fish license or nonresident general hunting license required on preserve--Habitat restoration stamp--Violation as misdemeanor
Status: in_force

A South Dakota resident small game license or a resident youth small game license is required of each resident hunting on a shooting preserve. Any nonresident hunting small game on a shooting preserve shall obtain a nonresident shooting preserve license or a nonresident small game license.

A violation of this section is a Class 1 misdemeanor.

Source: SL 1963, ch 148, § 7; SL 1985, ch 328; SL 1986, ch 356, § 3; SL 1987, ch 308, § 1; SL 1989, ch 30, § 73; SL 1990, ch 332, § 2; SL 1991, ch 337, § 68; SL 1991, ch 343; SL 1998, ch 252, § 21.
S.D. Codified Laws § 41-15-20 — SD Code / Title 41 / Chapter 15 / Section 41-15-20
Sale of contraband and abandoned property--Disposition of proceeds--Record of sales--Tagging of articles sold
Status: in_force

The secretary of game, fish and parks may sell at the highest market price obtainable any fur, fish, game animal, game bird, hunting equipment, fishing equipment, and other contraband that is abandoned or is deemed contraband as provided in §§ 41-15-15 to 41-15-18 , inclusive. The proceeds of the sales shall be turned into the state treasury and credited to the Department of Game, Fish and Parks fund. A record of the sales, including the name of the purchaser and the purchase price paid, shall be kept by the secretary. The secretary shall, before sale, tag the items to be sold in a manner to be determined by the secretary.

Source: SDC 1939, § 25.0121; SL 1963, ch 135, § 1; SL 2009, ch 206, § 93; SL 2021, ch 188, § 7.
S.D. Codified Laws § 41-6-22 — SD Code / Title 41 / Chapter 6 / Section 41-6-22
Big game transportation permit--Issuance and use in transporting game--Violation as misdemeanor
Status: in_force

It is a Class 1 misdemeanor for a person to transport part of any big game animal without a transportation permit or in violation of the conditions of the permit or the rules of the Game, Fish and Parks Commission.

The Department of Game, Fish and Parks may issue a permit for transportation of part of any big game animal to the holder of either a resident or nonresident big game license. The permit allows the transportation by common carrier to a point within or outside of this state of a part of any big game animal lawfully taken in this state.

Source: SDC 1939, § 25.0302 (9); SL 1941, ch 105; SDC Supp 1960, § 25.0302 (8); SL 1961, ch 116, § 2; SL 1971, ch 234; SL 1983, ch 288, § 4; SL 1984, ch 273, § 51; SL 1991, ch 337, § 17.
S.D. Codified Laws § 41-23-8 — SD Code / Title 41 / Chapter 23 / Section 41-23-8
List of nonmeandered lakes open for recreational use
Status: in_force

The waters of the following nonmeandered lakes are declared open for recreational use pursuant to § 41-23-7 :

(1) Casey's Slough, Cottonwood GPA, Dry #1, Dry #2, Round, and Swan in Clark County;

(2) Deep and Goose in Codington County;

(3) East Krause, Lynn, and Middle Lynn, in Day County;

(4) North Scatterwood in Edmunds County;

(5) Three Buck in Hamlin County;

(6) Bullhead, Cattail-Kettle, and Opitz in Marshall County;

(7) Island South in McCook County;

(8) Keisz in McPherson County;

(9) Grass, Loss, Scott, and Twin in Minnehaha County;

(10) Twin in Sanborn County;

(11) Cottonwood and Mud in Spink County;

(12) Cottonwood in Sully County; and

(13) Dog Ear in Tripp County, South Dakota.

Source: SL 2017 (SS), ch 1, § 8, eff. June 12, 2017.
S.D. Codified Laws § 41-8-28 — SD Code / Title 41 / Chapter 8 / Section 41-8-28
Trap robbing or injury as misdemeanor
Status: in_force

Any person who steals, damages or destroys a trap of another employed in the manner defined in subdivision 41-1-1(25), or who steals, damages, or destroys animals, animal carcasses, or the pelts thereof, held fast by such traps, is guilty of a Class 1 misdemeanor. A violation of this section is also subject to § 41-8-29 .

Source: SL 1964, ch 83, § 1; SL 1977, ch 190, § 566; SL 1983, ch 300; SL 1991, ch 337, § 53; SL 2000, ch 209, § 1.
S.D. Codified Laws § 41-2-29.1 — SD Code / Title 41 / Chapter 2 / Section 41-2-29.1
Sale of real property owned by state--Requirements and procedure
Status: in_force

The Department of Game, Fish and Parks shall sell real property owned by the state and held by the department if such real property is no longer needed for game, fish, or parks purposes. Such sale may be made only by the following procedure:

(1) At the full value established by a qualified appraiser employed by the department;

(2) For cash at public auction;

(3) Five days after the last of at least two publications of notice of the sale in at least three daily newspapers of the state. The publications shall disclose all details relative to the sale;

(4) Money received shall be deposited with the state treasurer and credited to the game, fish and parks fund;

(5) Conveyance shall be made in the name of the State of South Dakota acting by and through the Department of Game, Fish and Parks and executed in the manner provided by § 5-2-11 .

Source: SDC Supp 1960, § 25.0106-1 as added by SL 1968, ch 98; SL 1972, ch 28, § 14; SL 2009, ch 206, § 19.
S.D. Codified Laws § 41-6-37 — SD Code / Title 41 / Chapter 6 / Section 41-6-37
Temporary fishing license--Privileges
Status: in_force

A temporary fishing license entitles the licensee to all privileges of a fishing license.

Source: SDC 1939, § 25.0302 (6); SL 1941, ch 105; SL 1949, ch 90, § 4; SL 1953, ch 99, § 1; SDC Supp 1960, § 25.0302 (5); SL 1966, ch 69, § 2; SL 1970, ch 235, § 2; SL 1976, ch 258, § 5; SL 1979, ch 278, § 17; SL 1982, ch 288, § 2; SL 1984, ch 29, § 5J; SL 1991, ch 337, § 30.
S.D. Codified Laws § 41-15A-23 — SD Code / Title 41 / Chapter 15A / Section 41-15A-23
Compact manual to contain all procedures and forms adopted by board
Status: in_force

The board shall formulate all necessary procedures and develop uniform forms and documents for administering the provisions of this compact. All procedures and forms adopted pursuant to board action must be contained in a compact manual.

Source: SL 2004, ch 267, § 23.
S.D. Codified Laws § 41-14-25 — SD Code / Title 41 / Chapter 14 / Section 41-14-25
Sale or knowing purchase of fish as misdemeanor except as provided
Status: in_force

It is a Class 2 misdemeanor to barter, sell, or offer for sale at any time or knowingly to purchase any fish taken or killed in any of the waters of this state except as provided in §§ 41-6-39 to 41-6-45 , inclusive, §§ 41-13-9 to 41-13-11 , inclusive, and § 41-14-29 , and except for any lawfully-taken fish that has been mounted.

Source: SDC 1939, § 25.0603 as enacted by SL 1961, ch 120, § 2; SL 1977, ch 190, § 598; SL 1988, ch 339; SL 2009, ch 211, § 1.
S.D. Codified Laws § 41-8-16 — SD Code / Title 41 / Chapter 8 / Section 41-8-16
Use of salt to attract big game prohibited
Status: in_force

No person may place any salt or salt lick or construct, occupy, or use any screen, blind, or scaffold, or other device at or near any salt or salt lick for the purpose of enticing or baiting big game animals to the same for the purpose of hunting, watching for, or killing of big game. A violation of this section is a Class 2 misdemeanor.

Source: SDC 1939, § 25.0702; SL 1943, ch 96; SL 1967, ch 89, § 2; SL 1991, ch 337, § 46.
S.D. Codified Laws § 41-2-20 — SD Code / Title 41 / Chapter 2 / Section 41-2-20
Sale of property no longer needed--Procedures
Status: in_force

Any personal property or buildings or fixtures on real estate, acquired pursuant to § 41-2-19 , may be sold by the Game, Fish and Parks Commission if the commission determines it to be obsolete or no longer useful. The property shall be sold according to procedures prescribed by the commissioner of human resources and administration.

Source: SDC 1939, § 25.0106 (2) as added by SL 1941, ch 104; SL 1977, ch 54, § 13; SL 2009, ch 206, § 12; SL 2024, ch 1 (Ex. Ord. 24-1), § 34, eff. Apr. 8, 2024.
S.D. Codified Laws § 41-6-23 — SD Code / Title 41 / Chapter 6 / Section 41-6-23
Fur-bearing animal hunting and trapping license--Privileges--Activities for which license not required--Violation as misdemeanor
Status: in_force

Except as provided in this chapter, it is a Class 2 misdemeanor for any person to hunt, take, kill, or trap fur-bearing animals without a license to take fur-bearing animals or in violation of the conditions of the license or the rules of the Game, Fish and Parks Commission.

A license to take fur-bearing animals permits the licensee to set or operate a trap or traps, hunt, catch, take, trap, or kill fur-bearing animals, except the black-footed ferret, to the extent and in the manner provided in §§ 41-8-20 to 41-8-26 , inclusive.

A license to take fur-bearing animals is not required for residents to hunt raccoon, skunk, opossum, badger, jackrabbit, fox, and coyote with firearms. A license to take fur-bearing animals is not required for residents to trap raccoon, skunk, opossum, badger, jackrabbit, fox, and coyote between April first and August thirty-first.

Source: SDC 1939, § 25.0302 (18); SL 1941, ch 105; SL 1959, ch 112; SDC Supp 1960, § 25.0302 (16); SL 1967, ch 83; SL 1976, ch 261, § 1; SL 1977, ch 328, § 1; SL 1978, ch 295; SL 1979, ch 278, § 12; SL 1984, ch 29, § 5G; SL 1990, ch 332, § 8; SL 1991, ch 337, § 18; SL 2007, ch 240, § 1; SL 2019, ch 184, § 2, eff. Mar. 11, 2019; SL 2021, ch 184, § 5.
S.D. Codified Laws § 41-6-19.9 — SD Code / Title 41 / Chapter 6 / Section 41-6-19.9
Landowner-on-own-land license--Antlerless elk--Promulgation of rules
Status: in_force

The Game, Fish and Parks Commission shall, by rules promulgated pursuant to chapter 1-26 :

(1) Establish the number of resident landowner-on-own-land licenses available for the taking of antlerless elk;

(2) Establish eligibility criteria for the license; and

(3) Establish the fee for the license.

Upon receipt of an application, as prescribed by the Department of Game, Fish and Parks, and payment of the requisite license fee, the department shall issue a landowner-on-own-land license that authorizes the holder to take one antlerless elk, from land owned or leased by the holder, for agricultural purposes, within a designated unit, during the prairie elk hunting season.

Source: SL 2024, ch 172, § 1.
S.D. Codified Laws § 41-6-73 — SD Code / Title 41 / Chapter 6 / Section 41-6-73
Unauthorized application for, or procurement or possession of, license or preference point--Misdemeanor
Status: in_force

No person may at any time apply for, procure, or possess a license or preference point under an assumed name or in which an address other than the person's regular place of residence is given, or make any false statement whatsoever in securing a license or preference point, lend a license or tag to another, or knowingly issue or aid in securing a license or preference point for himself or herself or any other person not legally entitled to it. Any person violating any of the provisions of this section is guilty of a Class 1 misdemeanor.

Source: SDC 1939, §§ 25.0309, 25.9911; SL 1941, ch 107; SL 1971, ch 236; SL 1977, ch 190, § 554; SL 1978, ch 158, § 67; SL 1987, ch 29, § 96; SL 2007, ch 241, § 1.
S.D. Codified Laws § 41-20A-11 — SD Code / Title 41 / Chapter 20A / Section 41-20A-11
Assistance in suppression of range fire within county--Reimbursement of expenses
Status: in_force

At the request of a board of county commissioners or a person designated by a board of county commissioners for such purpose, the state wildland fire coordinator may assist in the suppression of any range fire within the county. If any assistance provided by the coordinator includes the use of more than six state employees and more than two vehicles, the county to which the assistance is given shall reimburse the coordinator for the reasonable expenses incurred.

Source: SL 2013, ch 196, § 30; SL 2018, ch 254, § 1.
S.D. Codified Laws § 41-15A-29 — SD Code / Title 41 / Chapter 15A / Section 41-15A-29
Commission authorized to enter or withdraw from compact
Status: in_force

The South Dakota Department of Game, Fish and Parks Commission is authorized on behalf of the state to enter or withdraw from the interstate wildlife violator compact pursuant to the terms of §§ 41-15A-24 , 41-15A-25 , and 41-15A-26 .

Source: SL 2004, ch 267, § 29.
S.D. Codified Laws § 41-12-19 — SD Code / Title 41 / Chapter 12 / Section 41-12-19
Agreements with adjoining states for reciprocal recognition of licenses and enforcement
Status: in_force

The Department of Game, Fish and Parks may enter into agreements with the appropriate agencies of bordering states for the purpose of providing for reciprocal recognition of licenses and permits and reciprocal enforcement of regulations pertaining to hunting, fishing, boating, and trapping on the boundary waters of the state.

Source: SDC 1939, § 25.0423 as added by SL 1967, ch 85, § 9.
S.D. Codified Laws § 41-14-17 — SD Code / Title 41 / Chapter 14 / Section 41-14-17
Transportation permit required for transportation of big game by common carrier--Disposition of copies of permit
Status: in_force

If a part of any big game animal is transported by a common carrier to a location within or outside of this state, the licensee shall procure the permit provided by § 41-6-22 . One of the triplicates of the permit shall be mailed to the secretary of game, fish and parks by the person issuing the permit, one delivered to the licensee, and the other retained by the person issuing the permit. The permit delivered to the licensee shall be attached to the part of the big game animal to be transported, and if the permit is attached as provided in this section, a common carrier may receive the part of big game animal for shipment.

Source: SDC 1939, § 25.0707 (3); SL 1941, ch 120; SDC Supp 1960, § 25.0707 (2); SL 1961, ch 121, § 2; SL 2009, ch 206, § 75.
S.D. Codified Laws § 41-14-8 — SD Code / Title 41 / Chapter 14 / Section 41-14-8
Carriage of small game on common carrier--Information required for shipment--Permit--Violation as misdemeanor
Status: in_force

Any person licensed under the provisions of chapter 41-6 may carry as personal baggage any small game or fish lawfully taken or possessed . No person may knowingly ship or receive for shipment by common carrier any small game or fish unless the container containing the small game or fish has affixed to the outside of the container a clearly visible statement containing the following information:

(1) The name, address, and license number of the person shipping the small game or fish;

(2) The number and species of all small game and fish in the container;

(3) The date of shipment; and

(4) The name and address of the person to whom the small game or fish has been shipped.

A person other than the licensee may transport small game or fish with a transportation and shipping permit. A permit may be obtained from a conservation officer or a designee without a charge. A violation of this section is a Class 2 misdemeanor.

Source: SDC 1939, § 25.0502; SL 1981, ch 295, § 1; SL 1991, ch 337, § 82; SL 2000, ch 209, § 3.
S.D. Codified Laws § 41-6-19.5 — SD Code / Title 41 / Chapter 6 / Section 41-6-19.5
Conditions applicable to limited deer permit and antlerless deer licenses--Eligibility for subsequent season
Status: in_force

All the conditions applicable to licenses issued pursuant to § 41-6-19 apply to the limited permit to hunt deer issued pursuant to § 41-6-19.3 and to the antlerless deer licenses issued pursuant to § 41-6-19.8 . However, the receipt of a limited permit under § 41-6-19.3 or an antlerless deer license under § 41-6-19.8 for any one year as eligible does not preclude the receipt of a limited permit or antlerless deer license in any subsequent year or for any subsequent season set pursuant to § 41-2-18 .

Source: SL 1981, ch 297, § 3; SL 2010, ch 209, § 2.
S.D. Codified Laws § 41-13-3.1 — SD Code / Title 41 / Chapter 13 / Section 41-13-3.1
Unauthorized importation of salmonidae as misdemeanor
Status: in_force

It is a Class 2 misdemeanor for any person to import live fishes or viable eggs of the family salmonidae into the State of South Dakota unless such importation complies with rules promulgated pursuant to chapter 1-26 by the Department of Game, Fish and Parks.

Source: SL 1970, ch 240; SL 1977, ch 190, § 590; SL 2009, ch 206, § 65.
S.D. Codified Laws § 41-18-17 — SD Code / Title 41 / Chapter 18 / Section 41-18-17
Acquisition of land surrounding body of water in county park
Status: in_force

If it is determined advisable as provided in this chapter to construct or create any body of water within any county park, the board of county commissioners may acquire by the same method as provided in this chapter an amount or quantity of land surrounding or adjoining the body of water as the board deems advisable. The board may use the land for park purposes or sell the land or any portion of the land as provided in §§ 41-18-18 to 41-18-23 , inclusive.

Source: SDC 1939, § 12.2409; SL 2009, ch 206, § 117.
S.D. Codified Laws § 41-20-23 — SD Code / Title 41 / Chapter 20 / Section 41-20-23
Conservation and development of forests and timber
Status: in_force

The Department of Agriculture and Natural Resources shall conserve, protect, improve, develop, and increase trees and forests and wood and timber products on state-owned lands, and cooperate with the United States, any agency of the United States, or with any other department, public corporation, or person of this state in such forestry activities on state-owned lands or on lands of the cooperator.

Source: SL 2013, ch 196, § 14; SL 2021, ch 1 (Ex. Ord. 21-3 ), § 51, eff. Apr. 19, 2021.
S.D. Codified Laws § 41-6-74.2 — SD Code / Title 41 / Chapter 6 / Section 41-6-74.2
Revocation of hunting, fishing, or trapping privilege for conviction of taking or possessing in excess of limit
Status: in_force

At the time of conviction for taking or possessing in excess of the lawful daily or possession limit any of the following:

(1) Three or more paddlefish;

(2) Four or more turkeys;

(3) Seven or more of any one game fish as regulated other than paddlefish;

(4) Seven or more of any one small game animal as regulated; or

(5) Two or more big game animals, except turkeys;

Source: SL 1997, ch 234, § 3; SL 2000, ch 207, § 2; SL 2009, ch 209, § 2.
S.D. Codified Laws § 41-20A-2 — SD Code / Title 41 / Chapter 20A / Section 41-20A-2
State wildland fire coordinator--Qualifications and authority
Status: in_force

The Department of Public Safety may employ a state wildland fire coordinator who is authorized and qualified to carry out all wildfire suppression activities.

Source: SL 2013, ch 196, § 21; SL 2021, ch 1 (Ex. Ord. 21-3), § 69, eff. Apr. 19, 2021.
S.D. Codified Laws § 41-4-1 — SD Code / Title 41 / Chapter 4 / Section 41-4-1
Acquisition of private property authorized--Condemnation resolution and proceedings
Status: in_force

The Department of Game, Fish and Parks may acquire or condemn private property if the property is necessary to carry out the purposes and intent of this title. If the Game, Fish and Parks Commission deems it necessary to take or condemn any private property for such purposes, the commission shall by proper resolution declare such necessity, stating the purpose and extent of the action. The commission shall communicate the resolution to the attorney general, and thereupon the proceedings to take or condemn the property shall be conducted as provided by the laws of this state in the name of the state as plaintiff.

Source: SDC 1939, § 25.0117; SL 2009, ch 206, § 33.
S.D. Codified Laws § 41-1-8 — SD Code / Title 41 / Chapter 1 / Section 41-1-8
Interference with lawful hunting, trapping, or fishing prohibited--Violation as misdemeanor
Status: in_force

No person may intentionally interfere with any person or group of persons lawfully engaged in the process of taking or attempting to take any game or fish. No person may engage in any activity specifically intended to harass or otherwise prevent the lawful taking of any game or fish. No person may engage in any activity to scare or disturb any game with specific intent to prevent their lawful taking. This section may not be construed to prohibit a landowner from revoking a prior grant of permission to hunt on his land. A violation of any provision of this section is a Class 2 misdemeanor.

Source: SL 1983, ch 298, § 1.
S.D. Codified Laws § 41-2-40 — SD Code / Title 41 / Chapter 2 / Section 41-2-40
Determination of land as disposable
Status: in_force

No lands may be considered for disposal under §§ 41-2-39 to 41-2-46 , inclusive, unless the lands lie outside the fence to be constructed under § 41-17-26 . No lands may be disposed of under §§ 41-2-39 to 41-2-46 , inclusive, unless the Department of Game, Fish and Parks and the Game, Fish and Parks Commission first determine that the lands are surplus and not needed for present or future development of the trail, nor for other transportation uses.

Source: SL 1994, ch 326, §§ 2 and 7.
S.D. Codified Laws § 41-1-1.3 — SD Code / Title 41 / Chapter 1 / Section 41-1-1.3
Definition of trophy animals
Status: in_force

Terms, as used in this chapter, mean:

(1) "Trophy antelope," any antelope with at least one horn greater than fifteen inches in length, as measured along the outside curve from base to tip;

(2) "Trophy mule deer," any mule deer having a Boone and Crockett gross score of one hundred sixty points or greater;

(3) "Trophy white-tailed deer," any white-tailed deer having a Boone and Crockett gross score of one hundred forty points or greater; and

(4) "Trophy elk," any elk having a Boone and Crockett gross score of three hundred ten points or greater.

The Boone and Crockett score shall be determined using the Boone and Crockett Club's official scoring system for North American big game trophies as provided in Records of North American Big Game, 12th Edition, The Boone & Crockett Club, Missoula, MT, 2005. For purposes of this section, antlers or skulls may be measured at any time; no drying period is required.

Source: SL 2010, ch 206, § 1.
S.D. Codified Laws § 41-2-19 — SD Code / Title 41 / Chapter 2 / Section 41-2-19
Acquisition, management, and improvement of property
Status: in_force

Subject to § 41-2-19.1 , the Department of Game, Fish and Parks may, on behalf and in the name of the state, acquire public or private property by gift, grant, devise, purchase, lease, or condemnation proceedings, and may manage, control, and improve the property for the purpose of exercising the powers granted in this title.

Source: SDC 1939, § 25.0106 (2); SL 1941, ch 104; SL 2009, ch 206, § 11; SL 2025, ch 174, § 1.
S.D. Codified Laws § 41-6-30 — SD Code / Title 41 / Chapter 6 / Section 41-6-30
Nonresident predator/varmint license--Privileges--When license not required--Violation as misdemeanor
Status: in_force

Except as provided in this section, it is a Class 2 misdemeanor for a nonresident to hunt, take, or kill species defined as a predator/varmint in § 41-1-1 without a nonresident predator/varmint license or in violation of the conditions of the license or the rules of the Game, Fish and Parks Commission.

A nonresident predator/varmint license allows a nonresident to take or kill species defined as a predator/varmint in § 41-1-1 , except by means of aerial hunting or as prohibited by statute or rule.

However, if a nonresident possesses a nonresident small game license, a nonresident waterfowl license, a nonresident big game license, a nonresident shooting preserve license while on a licensed shooting preserve, or a nonresident turkey license as provided in § 41-6-17 , 41-6-18.1 , 41-6-20 , or 41-6-28 , the nonresident need not acquire the nonresident predator/varmint license as provided in this section to hunt the species enumerated by this section in the manner and places permitted. A nonresident small game license, a nonresident waterfowl license, a nonresident big game license, or a nonresident turkey license is valid for hunting those animals permitted by the nonresident predator/varmint license from date of purchase until the end of the license year as provided by rules promulgated by the Game, Fish and Parks Commission pursuant to chapter 1-26 . However, a nonresident shooting preserve license is valid for hunting species defined as a predator/varmint in § 41-1-1 on a licensed shooting preserve during the shooting preserve season.

Source: SDC 1939, § 25.0302 as added by SL 1965, ch 109, § 2; SL 1971, ch 235; SL 1973, ch 268, § 4; SL 1976, ch 258, § 7; SL 1978, ch 296; SL 1981, ch 298; SL 1984, ch 29, § 5T; SL 1984, ch 273, § 55; SL 1990, ch 332, § 9; SL 1991, ch 337, § 23; SL 1993, ch 310; SL 1998, ch 252, § 16; SL 2002, ch 193, § 2; SL 2004, ch 264, § 1; SL 2007, ch 238, § 2; SL 2021, ch 186, § 1.
S.D. Codified Laws § 41-3-14 — SD Code / Title 41 / Chapter 3 / Section 41-3-14
Obstruction of departmental fish management activities--Obstruction of waters--Disturbance of departmental devices--Violation as misdemeanor
Status: in_force

It is a Class 2 misdemeanor for any person to obstruct any appointee or employee of the Department of Game, Fish and Parks who is engaged in assigned duties of gathering fish spawn, collecting or killing fish, or any other activities undertaken to carry out the department's duties and responsibilities of managing the fisheries resources of the state. It is a Class 2 misdemeanor for any person to place in public waters any logs or other debris or objects if such action may impede the accomplishment of assigned duties by departmental appointees or employees. It is a Class 2 misdemeanor for any person to move, handle, or disturb any net or other device used by department appointees or employees for the purpose of carrying out assigned duties.

Source: SDC 1939, § 25.0612 as enacted by SL 1961, ch 120, § 2; SL 1977, ch 190, § 545; SL 2009, ch 206, § 32.
S.D. Codified Laws § 41-6-3 — SD Code / Title 41 / Chapter 6 / Section 41-6-3
License not required to hunt fur-bearing animals on own land during open season
Status: in_force

A resident of this state may catch, trap, or kill protected fur - bearing animals upon land occupied by him without obtaining a license so to do, during any period when hunting, catching, taking, trapping, or killing such animals is permitted.

Source: SDC 1939, § 25.0308 (4).
S.D. Codified Laws § 41-17-21 — SD Code / Title 41 / Chapter 17 / Section 41-17-21
Parks and recreation fund created--Expenditure
Status: in_force

There is created in the state treasury the parks and recreation fund. The parks and recreation fund shall be budgeted and expended in accordance with Title 4 on warrants drawn by the state auditor on vouchers approved by the secretary of game, fish and parks.

Source: SL 1984, ch 273, § 3.
S.D. Codified Laws § 41-17-22.2 — SD Code / Title 41 / Chapter 17 / Section 41-17-22.2
Classification of concession rights, privileges, and leasehold interest for taxation--Exemptions
Status: in_force

All concession rights, privileges, and leasehold interests of any person in property owned or managed as a unit of the state park system as defined in § 41-17-1.1 is hereby classified for the purpose of taxation and is exempt from property taxation. This section does not exempt privately owned property or privately owned improvements located within the state park system.

Source: SL 1989, ch 360, § 2.
S.D. Codified Laws § 41-8-36 — SD Code / Title 41 / Chapter 8 / Section 41-8-36
Use of motorboats in hunting prohibited--Exceptions--Violation as misdemeanor
Status: in_force

No person may make use of, hunt, or shoot from any boat propelled except with oars or paddles, except when a boat or other craft with motor attached is beached, resting at anchor, or fastened within or tied immediately alongside of any type of fixed hunting blind or natural cover, or is used solely as a means of picking up dead or injured birds. A violation of this section is a Class 2 misdemeanor.

Source: SDC 1939, § 25.0414; SL 1967, ch 85, § 5; SL 1969, ch 100; SL 1991, ch 337, § 59.
S.D. Codified Laws § 41-15A-7 — SD Code / Title 41 / Chapter 15A / Section 41-15A-7
Noncompliance with wildlife citation terms--Report to licensing authority of issuing state
Status: in_force

If a person fails to comply with the terms of a wildlife citation, the person's failure to comply shall be reported to the licensing authority of the issuing state. The report shall be made in accordance with procedures specified by the issuing state and shall contain information as specified in the compact manual as minimum requirements for effective processing by the licensing authority of the violator's home state.

Source: SL 2004, ch 267, § 7.
S.D. Codified Laws § 41-3-8 — SD Code / Title 41 / Chapter 3 / Section 41-3-8
Enforcement of laws for protection and propagation of animals, birds, and fish
Status: in_force

The Department of Game, Fish and Parks shall enforce the laws of this state involving the protection and propagation of all game animals, game birds, fish, and harmless birds and animals.

Source: SDC 1939, § 25.0107.
S.D. Codified Laws § 41-9-10 — SD Code / Title 41 / Chapter 9 / Section 41-9-10
Use of motor vehicle for hunting, fishing or trapping on school or public lands prohibited--Violation as misdemeanor
Status: in_force

No person may use a motor vehicle, as defined in subdivision 41-1-1(18), for purposes of hunting, fishing, or trapping on any land under the control of the commissioner of school and public lands on which public hunting, fishing, or trapping is authorized. No person may use a motor vehicle, for purposes of hunting, fishing, or trapping to enter onto or to cross any land under the control of the commissioner of school and public lands on which public hunting, fishing, or trapping is authorized. Any motor vehicle that is used to transport any person to any such lands for purposes of hunting, fishing, or trapping shall remain within a public right of way. Nothing in this section authorizes or prohibits hunting, fishing, or trapping in any area where those activities are otherwise authorized or prohibited. The prohibitions contained in this section do not restrict the use of motor vehicles on roads, trails, or parking areas designated and signed by the Department of Game, Fish and Parks pursuant to a management agreement with the commissioner of school and public lands. Nothing in this section prohibits using a motor vehicle on land under the control of the commissioner of school and public lands for normal lease activities by the lessee or for animal damage control activities. A violation of this section is a Class 2 misdemeanor.

Source: SL 2000, ch 210, § 1.
S.D. Codified Laws § 41-6-77 — SD Code / Title 41 / Chapter 6 / Section 41-6-77
Nonresident license required to catch, kill or possess fish, frogs, or turtles--Violation as misdemeanor
Status: in_force

Except as otherwise provided, it is a Class 2 misdemeanor for a nonresident to catch or attempt to catch, take, kill, or possess any fish, frogs, or turtles without a nonresident fishing license, a temporary fishing license, or a nonresident family fishing license or in violation of the conditions of the license or the rules of the Game, Fish and Parks Commission.

Source: SL 1991, ch 337, § 29; SL 2009, ch 206, § 50.
S.D. Codified Laws § 41-6-52 — SD Code / Title 41 / Chapter 6 / Section 41-6-52
Application for resident license by nonresidents prohibited--Violation as misdemeanor
Status: in_force

No person other than a resident as defined in this title may make application for, purchase, or attempt to purchase a resident license under §§ 41-6-12 to 41-6-45.1 , inclusive. A violation of this section is a Class 2 misdemeanor.

Source: SDC 1939, § 25.0306 (1); SL 1941, ch 106; SL 1949, ch 91; SL 1949, ch 92; SL 1951, ch 120; SL 1953, ch 103, § 1; SL 1961, ch 117, § 1; SL 1969, ch 97; SL 1976, ch 257, § 7; SL 1976, ch 259; SL 1983, ch 297; SL 1985, ch 325; SL 1986, ch 349, § 2; SL 1987, ch 304; SL 1988, ch 334, §§ 6-8 ; SL 1992, ch 293, § 9; SL 1993, ch 312; SL 2005, ch 223, § 1; SL 2008, ch 216, § 5.
S.D. Codified Laws § 41-15A-18 — SD Code / Title 41 / Chapter 15A / Section 41-15A-18
Voting by board--Majority for binding action--Quorum
Status: in_force

Each member of the board of compact administrators is entitled to one vote. No action of the board is binding unless taken at a meeting at which a majority of the total number of the board's votes are cast in favor of the action. Action by the board may be only at a meeting at which a majority of the participating states is represented.

Source: SL 2004, ch 267, § 18.
S.D. Codified Laws § 41-14-35 — SD Code / Title 41 / Chapter 14 / Section 41-14-35
Taking baitfish without license as misdemeanor--Exception
Status: in_force

Except for lawful sport fishermen who may trap, seine, and possess up to twelve dozen baitfish for personal use, no person may seine or take baitfish from the waters of this state unless the person is licensed by the Department of Game, Fish and Parks in accordance with the provisions of this chapter. A violation of this section is a Class 1 misdemeanor.

Source: SL 1985, ch 324, § 9; SL 2009, ch 206, § 82.
S.D. Codified Laws § 41-8-24.1 — SD Code / Title 41 / Chapter 8 / Section 41-8-24.1
Shooting of muskrats under certain conditions
Status: in_force

Muskrats may be hunted by shooting with rimfire cartridges of .22 caliber or smaller, muzzleloaders of .45 caliber or smaller, shotguns, or legal archery equipment. The Game, Fish and Parks Commission shall promulgate rules pursuant to chapter 1-26 to specify hunting seasons, hunting units, licensing requirements, and other restrictions or requirements for the hunting or taking of muskrats necessary for the proper management of wildlife.

Source: SL 2012, ch 203, § 3.
S.D. Codified Laws § 41-6-19.1 — SD Code / Title 41 / Chapter 6 / Section 41-6-19.1
Resident elk license--Privileges and fee--Violation as misdemeanor
Status: in_force

It is a Class 1 misdemeanor for a resident to hunt, take, or kill elk without a resident elk license or in violation of the conditions of the license or the rules of the Game, Fish and Parks Commission.

A resident elk license shall permit the licensee to hunt elk in the manner and to the extent provided in §§ 41-8-6 to 41-8-17 , inclusive. The fee for a resident elk license in Custer State Park shall be established pursuant to § 41-17-1.1 .

Source: SDC 1939, § 25.0302 as added by SL 1968, ch 99, § 4; SL 1980, ch 284, § 2; SL 1984, ch 29, § 5E; SL 1984, ch 273, § 49; SL 1991, ch 337, § 13.
S.D. Codified Laws § 41-2-11 — SD Code / Title 41 / Chapter 2 / Section 41-2-11
Employment of conservation officers--Qualifications--Career service
Status: in_force

The Department of Game, Fish and Parks may employ an adequate force of conservation officers to enforce the provisions of this title. Each conservation officer shall meet requirements as to education and training of law enforcement officers provided pursuant to chapter 23-3 . The provisions of chapter 3-6D apply to each conservation officer.

Source: SDC 1939, § 25.0110; SL 1945, ch 93, § 2; SL 1947, ch 102; SL 1949, ch 89, § 1; SL 1951, ch 116, § 1; SL 1955, ch 77, § 1; SL 1957, ch 97, § 2; SL 1973, ch 23, § 4; SDCL § 41-15-10 as added by SL 1973, ch 270; SL 2009, ch 206, § 10; SL 2018, ch 12, § 23.
S.D. Codified Laws § 41-15-17 — SD Code / Title 41 / Chapter 15 / Section 41-15-17
Search warrant for contraband bird, animal, fish, or skin--Execution of warrant
Status: in_force

Any court having jurisdiction may, on complaint showing probable cause for believing that any bird, animal, fish, or skin of fur-bearing animals or any part of any such bird, animal, fish, or skin, caught, taken, killed, possessed, or controlled by any person, or shipped or transported by any person, contrary to law is concealed or illegally kept in any building, motor vehicle, or receptacle, issue a search warrant and cause a search to be made in any such place for any such bird, animal, fish, or skin, or any part of any such bird, animal, fish, or skin. The court may cause any building, enclosure, or motor vehicle to be entered, and any compartment, chest, box, locker, crate, basket, package, or other receptacle to be opened and the contents examined.

Source: SDC 1939, § 25.0422; SL 1963, ch 135, § 2; SL 1967, ch 85, § 8; SL 1969, ch 100; SL 2009, ch 206, § 90.
S.D. Codified Laws § 41-15A-26 — SD Code / Title 41 / Chapter 15A / Section 41-15A-26
Form and content of resolution
Status: in_force

The resolution shall substantially be in the form and content as provided in the compact manual and shall include the following:

(1) A citation of the authority from which the state is empowered to become a party to this compact;

(2) An agreement of compliance with the terms and provisions of this compact; and

(3) An agreement that compact entry is with all states participating in the compact and with all additional states legally becoming a party to the compact.

Source: SL 2004, ch 267, § 26.
S.D. Codified Laws § 41-15A-14 — SD Code / Title 41 / Chapter 15A / Section 41-15A-14
Suspension information communicated to other participating states--Form and content
Status: in_force

Each participating state shall communicate suspension information to other participating states in form and content as contained in the compact manual.

Source: SL 2004, ch 267, § 14.
S.D. Codified Laws § 41-11-10 — SD Code / Title 41 / Chapter 11 / Section 41-11-10
Birds not protected or conditionally protected by chapter
Status: in_force

The English or European house sparrow, unbanded undomesticated pigeon (rock dove), Eurasian collared dove, and European starling are not included among the birds protected by this chapter. Purple grackle, crow, magpie, brown headed cow bird, red-winged blackbird, Brewers blackbird, rusty blackbird, and the bronzed grackle may be taken when committing or about to commit depredation upon ornamental or shade trees, agricultural crops, livestock or wildlife, or when concentrated in such numbers and manner as to constitute a health hazard or other nuisance.

Source: SDC 1939, § 25.0407; SL 1959, ch 114; SL 1961, ch 119; SL 1967, ch 85, § 2; SL 1981, ch 301, § 2; SL 1998, ch 252, § 22; SL 2007, ch 244, § 1.
S.D. Codified Laws § 41-4-5 — SD Code / Title 41 / Chapter 4 / Section 41-4-5
Timber sales on sealed bids or at auction--Negotiated small sales
Status: in_force

The Department of Game, Fish and Parks, at its discretion, may sell timber valued in excess of three hundred dollars either by the filing of sealed bids or at public auction. Sales of timber valued at less than three hundred dollars may be made by negotiation and without the necessity of public notice.

Source: SDC Supp 1960, § 25.1308 as enacted by SL 1966, ch 73, § 2.
S.D. Codified Laws § 41-19-4 — SD Code / Title 41 / Chapter 19 / Section 41-19-4
Use of trails and areas restricted to licensed snowmobiles--Violation as misdemeanor
Status: in_force

The use of state snowmobile trails and areas acquired, leased, developed, or improved by the department under the provisions of this chapter by any person operating any snowmobile other than a licensed snowmobile as defined by § 32-20A-1 , is a Class 2 misdemeanor.

Source: SL 1973, ch 197, § 3; SL 1977, ch 190, § 613.
S.D. Codified Laws § 41-1-5.6 — SD Code / Title 41 / Chapter 1 / Section 41-1-5.6
Statement of liability provisions printed on citations--Acknowledgment noted through specific receipt form--Failure to give required warnings
Status: in_force

A statement generally outlining the civil liability provisions of § 41-1-5.1 shall be printed on the reverse of the citation given by an arresting officer at the time of the arrest to the person violating game and fish statutes. Acknowledgment of receipt of the information concerning civil liability by the defendant is to be noted specifically through a specific receipt form to draw attention to civil penalties.

No person who has been prosecuted for a criminal offense may be held liable for civil damages pursuant to §§ 41-1-5.1 and 41-1-5.2 arising from the same offense or incident if the person has not received the warnings required in this section.

Source: SL 1985, ch 322, § 4; SL 1989, ch 352, § 2; SL 2001, ch 227, § 6.
S.D. Codified Laws § 41-6-37.2 — SD Code / Title 41 / Chapter 6 / Section 41-6-37.2
Nursing facility group fishing license--Fees and regulations set by commission--Resident defined
Status: in_force

The Department of Game, Fish and Parks may establish a nursing facility group fishing license which entitles residents of any nursing facility licensed by the state the privileges of resident fishing licenses on any individual outing. The fees and regulations for group fishing licenses shall be set by rules promulgated by the Game, Fish and Parks Commission pursuant to chapter 1-26 and chapter 41-2 . The license shall exhibit the name, post office address, and state nursing facility license number. For purposes of this section, the term "resident" means permanent occupants of the nursing facility for at least ninety percent of the time, not to include staff or employees. The daily limits for individuals participating in the group fishing license shall be the same as for resident fishing licenses. A group license shall be valid only on nursing facility sponsored outings directly supervised by a staff member or a volunteer approved by the home.

Source: SL 1989, ch 354, § 1.
S.D. Codified Laws § 41-6-19 — SD Code / Title 41 / Chapter 6 / Section 41-6-19
Resident big game license--Privileges and fee--Violation as misdemeanor
Status: in_force

It is a Class 1 misdemeanor for a resident to hunt, take, or kill big game animals, except wild turkey, without a resident big game license, or in violation of the conditions of the license or the rules of the Game, Fish and Parks Commission.

A resident big game license shall permit the licensee to hunt game animals in the manner and to the extent provided in §§ 41-8-6 to 41-8-17 , inclusive. The license fees for mountain goats and bighorn sheep in Custer State Park shall be established pursuant to § 41-17-1.1 .

Source: SDC 1939, § 25.0302 (7); SL 1941, ch 105; SL 1949, ch 90, § 5; SDC Supp 1960, § 25.0302 (6); SL 1968, ch 99, § 3; SL 1975, ch 263, § 5; SL 1979, ch 278, § 10; SL 1980, ch 284, § 1; SL 1984, ch 29, § 5D; SL 1984, ch 273, § 48; SL 1991, ch 337, § 12; SL 1992, ch 293, § 3.
S.D. Codified Laws § 41-1-5 — SD Code / Title 41 / Chapter 1 / Section 41-1-5
Forfeiture of right to game by unlawful taking, shipment or possession--State entitled to possession
Status: in_force

Any person who kills, catches, takes, ships, possesses, or controls any game bird, game animal, or game fish, or any part of any such bird, animal, or fish, at any time or in any manner prohibited by law, thereby forfeits any right to use or possess the bird, animal, or fish, or any part thereof. The state is entitled to the sole possession of the bird, animal, or fish.

Source: SDC 1939, § 25.0411; SL 2009, ch 206, § 3.
S.D. Codified Laws § 41-8-31.1 — SD Code / Title 41 / Chapter 8 / Section 41-8-31.1
Use of crossbow for hunting big game during firearm season
Status: in_force

The provisions of § 41-8-31 notwithstanding, any person who holds a big game license to take a big game animal during the firearm season may take the animal by using a crossbow in lieu of a firearm. As used in this section, the term, crossbow, means a device for propelling a bolt by means of traverse limbs mounted on a stock and a string. The crossbow may be drawn, held, and released by a mechanical device and shall have at least one hundred twenty-five pounds pull and have a working mechanical safety.

Source: SL 2014, ch 202, § 1.
S.D. Codified Laws § 41-8-41 — SD Code / Title 41 / Chapter 8 / Section 41-8-41
Hunting with firearms--Exterior garment--Fluorescent orange or pink--Penalty
Status: in_force

A person using a firearm to hunt any big game animal, other than a turkey or a mountain lion, shall wear, in a visible manner above the waist, a fluorescent orange or fluorescent pink exterior garment.

For purposes of this section, the term "exterior garment" means a hat, cap, shirt, jacket, vest, coverall, or poncho.

A violation of this section is a Class 2 misdemeanor.

Source: SL 1986, ch 355; SL 1991, ch 337, § 61; SL 2013, ch 212, § 1; SL 2024, ch 173, § 1.
S.D. Codified Laws § 41-4-3 — SD Code / Title 41 / Chapter 4 / Section 41-4-3
Nonresident small game license fees paid into land acquisition and development fund--Use for game production areas and public shooting areas
Status: in_force

Three dollars received from the sale of each nonresident small game license shall be placed in a fund to be known as the land acquisition and development fund. The moneys from this fund shall be used for the following purposes:

(1) To acquire by purchase or lease real property to be used primarily for game production. Such real property shall remain open for public hunting;

(2) To pay the salary and any necessary expenses of any employee of the Department of Game, Fish and Parks engaged in the acquisition of such real property;

(3) For improving and maintaining game production areas; and

(4) For the payment of taxes on public shooting areas.

Not more than twenty-five percent of the land acquisition and development fund, after the payment of taxes, may be used for the administration of the fund or for improving and maintaining game production areas.

Source: SDC 1939, § 25.0302 (3) as added by SL 1941, ch 105; SL 1943, ch 91, § 2; SL 1945, ch 94; SL 1947, ch 104; SL 1947, ch 105; SL 1949, ch 90, § 2; SL 1951, ch 117, § 1; SL 1959, ch 110; SDC Supp 1960, § 25.0302 (2); SL 1961, ch 116, § 2; SL 1987, ch 300, § 1; SL 2009, ch 206, § 34.
S.D. Codified Laws § 41-8-37 — SD Code / Title 41 / Chapter 8 / Section 41-8-37
Hunting from motor vehicle prohibited--Exceptions--Promulgation of rules--Misdemeanor
Status: in_force

No person, who is in or on a motor vehicle, may discharge a firearm or bow and arrow at any wild animals except coyotes, jackrabbits, rodents, skunks, badgers, raccoons, and foxes.

Licensed hunters who are paraplegics or otherwise physically unable to walk with or without crutches, braces, or other mechanical support or who are otherwise considered to be limited or impaired in their ability to walk, and who have been issued a disabled hunter permit by the department, may shoot in fields, woods, or from public roads from a stationary motor vehicle while hunting game animals or game birds in accordance with the conditions of the permit and rules promulgated by the Game, Fish and Parks Commission. The commission shall promulgate rules pursuant to chapter 1-26 to establish the definition of disabled hunter; the eligibility criteria, application, and approval procedures for issuance of a disabled hunter permit; the duration of a permit; and the extent of the permitted shooting activities.

A violation of this section is a Class 2 misdemeanor.

Source: SDC 1939, § 25.0412 as added by SL 1941, ch 109; SL 1943, ch 94; SL 1947, ch 111; SL 1953, ch 105; SL 1969, ch 100; SL 1974, ch 277; SL 1977, ch 190, § 567; SL 1991, ch 337, § 60; SL 1998, ch 260, § 1; SL 2003, ch 224, § 1.
S.D. Codified Laws § 41-6-62 — SD Code / Title 41 / Chapter 6 / Section 41-6-62
Form and content of applications--Oath of applicant
Status: in_force

Any application for any license under this title shall show that the applicant is legally eligible for the license for which the applicant applies. Any person authorized under §§ 41-2-33 and 41-6-61 to issue a license may take the oath of the applicant thereto with the same force and effect as if the oath had been taken by any other officer of this state authorized by law to administer an oath.

Source: SDC 1939, § 25.0307; SL 1984, ch 273, § 67; SL 1999, ch 210, § 6.
S.D. Codified Laws § 41-19-1 — SD Code / Title 41 / Chapter 19 / Section 41-19-1
Snowmobile trails fund appropriated--Accumulation without reversion
Status: in_force

The snowmobile trails fund established pursuant to § 32-5-9.2 is hereby appropriated for the administration of § 41-19-2 . Money in the fund shall accumulate without reversion at the close of the fiscal year.

Source: SL 1973, ch 197, § 4; SL 2009, ch 206, § 125.
S.D. Codified Laws § 41-15A-30 — SD Code / Title 41 / Chapter 15A / Section 41-15A-30
Amendments authorized--Presentation in resolution form initiated by participating states
Status: in_force

This compact may be amended. Amendments shall be presented in resolution form to the presiding officer of the board of the compact administrators and shall be initiated by one or more participating states.

Source: SL 2004, ch 267, § 30.
S.D. Codified Laws § 41-20-26 — SD Code / Title 41 / Chapter 20 / Section 41-20-26
Reimbursement of landowner for control measures
Status: in_force

If a landowner effectively controls an infestation on the landowner's property to the satisfaction of the state forester within the time specified upon notification, the landowner may be reimbursed an amount not to exceed the total cost of the suppression measures based on average values for each control measure as determined by the state forester. Control measures implemented by private landowners may only be reimbursed by the state forester if funds are made available for this purpose by Legislature.

Source: SL 2013, ch 196, § 17.
S.D. Codified Laws § 41-20-24 — SD Code / Title 41 / Chapter 20 / Section 41-20-24
Control and mitigation of damage by forest insects and diseases
Status: in_force

The Department of Agriculture and Natural Resources, through the state forester, may take action to control or mitigate the damage caused by forest insects and diseases on all state and privately owned forestlands or privately owned lands, and to establish the maximum state-federal cost share assistance available to private landowners for such control measures.

Source: SL 2013, ch 196, § 15; SL 2021, ch 1 (Ex. Ord. 21-3 ), § 51, eff. Apr. 19, 2021.
S.D. Codified Laws § 41-2-36 — SD Code / Title 41 / Chapter 2 / Section 41-2-36
Audit of departmental books and vouchers
Status: in_force

The books and vouchers of the Department of Game, Fish and Parks are subject to examination by the Department of Legislative Audit at all times.

Source: SDC 1939, § 25.0108; SL 2009, ch 206, § 24.
S.D. Codified Laws § 41-2-34.2 — SD Code / Title 41 / Chapter 2 / Section 41-2-34.2
Surcharge on licenses--Deposit in fund--Disbursement of money in fund
Status: in_force

The Game, Fish and Parks Commission shall impose a surcharge in the amount of six dollars on each classification of hunting licenses issued by the Department of Game, Fish and Parks with the exception of licenses to take fur-bearing animals, one-day small game licenses, predator/varmint licenses, migratory bird certification permits, youth deer licenses, youth small game licenses, and mentored youth big game licenses authorized by § 41-6-81 . Of the revenue from the surcharge for each such license, one dollar shall be deposited in the animal damage control fund established pursuant to § 40-36-10 ; and five dollars shall be deposited in a special fund known as the South Dakota sportsmen's access and landowner depredation fund, which is hereby established. Money in the fund is continuously appropriated for the purposes set forth in this section. Fifty percent of the money in the South Dakota sportsmen's access and landowner depredation fund shall be available to landowners pursuant to procedures and amounts to be established in rules promulgated by the commission pursuant to chapter 1-26 for purposes of providing hunting access on the landowners' land and for wildlife depredation and damage management programs. Fifty percent of the money in the South Dakota sportsmen's access and landowner depredation fund shall be available for purposes of acquiring free public hunting access by lease agreement.

Source: SL 1998, ch 253, § 1; SL 2001, ch 229, § 1; SL 2004, ch 261, § 2; SL 2007, ch 240, § 2; SL 2010, ch 207, § 1; SL 2013, ch 208, § 1, eff. Mar. 20, 2013.
S.D. Codified Laws § 41-14-21 — SD Code / Title 41 / Chapter 14 / Section 41-14-21
Transportation of fur-bearing animal by common carrier prohibited except as provided--Violation as misdemeanor
Status: in_force

It is a Class 2 misdemeanor for a person or corporation acting as a common carrier to ship, carry, take, or transport either within or beyond the confines of the state any protected fur-bearing animal except as permitted by this title or any fur-bearing animal regulated by the Animal Industry Board under Title 40.

Source: SDC 1939, § 25.0808; SL 1991, ch 337, § 83; SL 2007, ch 245, § 1.
S.D. Codified Laws § 41-8-26 — SD Code / Title 41 / Chapter 8 / Section 41-8-26
Counties in which muskrat restrictions not applicable
Status: in_force

The provisions of §§ 41-8-24 and 41-8-25 that refer to muskrats do not apply to the counties of Haakon, Jackson, Jones, Lyman, and Stanley.

Source: SDC 1939, § 25.0801 as added by SL 1959, ch 123; SL 1961, ch 122; SL 1977, ch 331; SL 1982, ch 284, § 2.
S.D. Codified Laws § 41-17-1.1 — SD Code / Title 41 / Chapter 17 / Section 41-17-1.1
Rules for administration, management, and development of state park system--Violation as misdemeanor
Status: in_force

The Game, Fish and Parks Commission may adopt such rules as may be necessary to establish uniform procedures for the administration, management, and development of the state park system. The state park system includes all lands and waters owned, leased, or controlled by the Department of Game, Fish and Parks and designated as a state park, a state recreation area, a state nature area, a state lakeside use area, or a state recreational trail. Such rules may be adopted in the following areas:

(1) Management and control of public use of all lands, structures, and waters in the state park system;

(2) Issuance, display, inspection, and expiration of park entrance licenses;

(3) Management, control, and protection of the natural, historical, archaeological, and geological resources in the state park system, if the rules do not conflict with chapters 1-19A and 1-20 ;

(4) Management, control, and protection of wild and domestic animals in the state park system;

(5) Regulate the operation of all vehicles, on and off roads, in the state park system;

(6) Granting, termination, management, and development of easements, leases, or permits authorizing the commercial or noncommercial use of land, buildings, cabins, mobile homes, and docks or dock systems in the state park system;

(7) Issuance and administration of camping permits and the establishment and collection of fees for camping permits and for other park services in the state park system, if the fees and procedures are not set by statute;

(8) Control and prohibit the type, location and use of uncased firearms and bows in the state park system;

(9) Fees for licenses to permit the harvest within Custer State Park of surplus animals including but not limited to mountain goat, bighorn sheep, elk, bison, and coyote;

(10) Fees for special events held within a unit of the state park system.

The rules shall be adopted pursuant to chapter 1-26 and shall be in accordance with the provisions of this chapter. A violation of the substantive provision of any rule authorized by this chapter relating to prohibited use of lands, structures, buildings, cabins, mobile homes, docks, waters, and resources in the state park system, park entrance license and camping permit requirements, regulation of wild and domestic animals in the state park system, prohibited operation of vehicles within the state park system, and prohibitions of the use of firearms and bows in the state park system is a Class 2 misdemeanor. If the same incident is a violation of statute and of the rules authorized by this chapter, only the penalty authorized for the violation of the statute may be imposed.

Source: SL 1984, ch 273, § 1; SL 1988, ch 340, § 1; SL 1993, ch 316, § 1; SL 1994, ch 324, § 1, 2.
S.D. Codified Laws § 41-15-6 — SD Code / Title 41 / Chapter 15 / Section 41-15-6
Inspection and counting of birds, animals, and fish to be permitted by person in possession--Stopping of motor vehicle or other conveyance for inspection
Status: in_force

Any person who possesses any game bird, animal, or fish shall, upon the request of any person authorized to enforce the game and fish laws of the state, permit the inspection and count of the birds, animals, or fish. Any motor vehicle, pickup camper, camper, or any conveyance attached thereto, may be stopped for such an inspection and count by any uniformed law enforcement officer.

Source: SDC 1939, § 25.0418; SL 1967, ch 85, § 6; SL 1969, ch 100; SL 2009, ch 206, § 85.
S.D. Codified Laws § 41-1-11 — SD Code / Title 41 / Chapter 1 / Section 41-1-11
Certain judgment debtors denied licenses--Automatic revocation pending satisfaction--Violation as misdemeanor
Status: in_force

No person who is subject to an unpaid and unsatisfied judgment in favor of the State of South Dakota for wildlife civil damages as determined in § 41-1-5.1 may purchase, attempt to purchase, or possess any South Dakota hunting, fishing, or trapping license. If any person is in violation of this section, such person's hunting, fishing, or trapping licenses and privileges are automatically revoked without hearing until the judgment is paid in full and satisfied. A violation of this section is a Class 1 misdemeanor.

Source: SL 2001, ch 228, § 1.
S.D. Codified Laws § 41-4-7 — SD Code / Title 41 / Chapter 4 / Section 41-4-7
Minimum price of timber sales--Sale to highest bidder--Rejection of bids and readvertisement
Status: in_force

No sale may be made under §§ 41-4-4 to 41-4-6 , inclusive, unless the sum offered is at least ninety percent of the appraised value of the timber as fixed by the state forester, and all sales shall be made to the highest responsible bidder. The Department of Game, Fish and Parks may reject any bids and readvertise the sale if no bid is satisfactory, or if the department believes any agreement has been entered into by the bidders to prevent competition.

Source: SDC Supp 1960, § 25.1308 as enacted by SL 1966, ch 73, § 2; SL 1984, ch 276, § 5; SL 2009, ch 206, § 36.
S.D. Codified Laws § 41-1-3 — SD Code / Title 41 / Chapter 1 / Section 41-1-3
Lawful use of game bird, animal, or fish
Status: in_force

Any person who kills, catches, or takes any game bird, game animal, or game fish in the manner provided by law or rules promulgated by the Game, Fish and Parks Commission, for the purposes authorized by law, and during the periods when their killing is not prohibited, may use the game bird, game animal, or game fish during the time, in the manner, and for the purposes expressly authorized by law.

Source: SDC 1939, § 25.0411; SL 2009, ch 206, § 2.
S.D. Codified Laws § 41-10-8 — SD Code / Title 41 / Chapter 10 / Section 41-10-8
Consent to entry and search of premises by officer--Noncompliance as misdemeanor
Status: in_force

Each shooting preserve operating permit shall be issued upon the express condition that the permittee agrees that any law enforcement officer or any representative of the Department of Game, Fish and Parks may enter and inspect the premises on which preserve operations are conducted, and any part thereof, during normal hours of preserve operation without a search warrant to ensure compliance with the laws of this state and rules and regulations of the commission. Failure to comply with this section is a Class 1 misdemeanor.

Source: SL 1963, ch 148, § 9; SL 1991, ch 337, § 67; SL 2011, ch 195, § 3.
S.D. Codified Laws § 41-11-4 — SD Code / Title 41 / Chapter 11 / Section 41-11-4
Hunting, transportation, sale or possession of game birds prohibited--Violation as misdemeanor
Status: in_force

Except as provided in § 41-11-5 , no person may hunt, take, kill, ship, convey, or cause to be shipped or transported by common or private carrier to any person, either within or without the state, buy, barter, expose for sale, sell to anyone, have in possession or under control at any time, any snipe, prairie chicken or pinnated grouse, white - breasted or sharp - tailed grouse, partridge, or ruffed grouse, sage grouse, Hungarian partridge, Chukar partridge, Chinese ring - necked or English pheasant, wild turkey, upland plover, golden plover, crow, mourning dove, quail, wild duck of any variety, wild geese of any variety, brant, or any variety of aquatic fowl, or any part thereof. A violation of this section is a Class 2 misdemeanor.

Source: SDC 1939, § 25.0501; SL 1941, ch 110; SL 1943, ch 95; SL 1949, ch 95; SL 1951, ch 122; SL 1953, ch 109; SL 1959, ch 117, § 2; SL 1981, ch 301, § 1; SL 1991, ch 337, § 72.
S.D. Codified Laws § 41-11-5.5 — SD Code / Title 41 / Chapter 11 / Section 41-11-5.5
Pheasant hunt--Disabled veterans and Purple Heart recipients--Promulgation of rules
Status: in_force

A nonprofit organization may host a special pheasant hunt in which disabled veterans and Purple Heart recipients of the armed forces of the United States may participate. The special pheasant hunt may be held during the private shooting preserve season, pursuant to § 41-10-11 . No fee may be charged to participants in the hunt, by the state or the sponsoring organization.

The Game, Fish and Parks Commission shall promulgate rules, pursuant to chapter 1-26 , to administer the special pheasant hunts authorized in this section.

For the purposes of this section, "disabled veteran" means a veteran of the armed forces of the United States who:

(1) Has been adjudicated by the United States Department of Veterans Affairs as being twenty percent or more disabled due to a service-connected disability; or

(2) Is designated by the United States Department of Veterans Affairs to receive Special Monthly Compensation Level K pursuant to 38 U.S.C. § 1114 (January 1, 2026).

Source: SL 1998, ch 252, § 23; SL 2016, ch 208, § 2; SL 2019, ch 189, § 1; SL 2020, ch 180, § 1; SL 2026, ch 171, § 1.
S.D. Codified Laws § 41-12-13 — SD Code / Title 41 / Chapter 12 / Section 41-12-13
Use of explosives, electrical devices, and drugs as misdemeanor
Status: in_force

It is a Class 1 misdemeanor to kill, take, or attempt to kill, or take in any waters for any purpose, any fish by the use of any explosive, electrical device, poisonous, deleterious, or stupefying substance, unless written authorization to do so is obtained from the Department of Game, Fish and Parks.

Source: SDC 1939, § 25.0610 as enacted by SL 1961, ch 120, § 2; SL 1977, ch 190, § 584; SL 1993, ch 315.
S.D. Codified Laws § 41-17-8 — SD Code / Title 41 / Chapter 17 / Section 41-17-8
Sale of revenue bonds--Terms--Negotiability
Status: in_force

Bonds issued under the authority of this chapter may be sold in a manner and upon terms as the Game, Fish and Parks Commission may determine to be for the best interest of the state. All bonds issued hereunder shall have all the qualities of negotiable instruments.

Source: SL 1959, ch 108, § 4; SDC Supp 1960, § 25.0128; SL 1970, ch 241, § 4; SL 1983, ch 28, § 53.
S.D. Codified Laws § 41-9-1 — SD Code / Title 41 / Chapter 9 / Section 41-9-1
Landowner's consent required to fish, hunt or trap on private land--Exception--Violation as misdemeanor
Status: in_force

Except as provided in § 41-9-2 , no person may fish, hunt, or trap upon any private land without permission from the owner or lessee of the land. A violation of this section is a Class 2 misdemeanor and is subject to § 41-9-8 .

Source: SDC 1939, § 25.0427; SL 1947, ch 112, § 1; SL 1949, ch 94; SL 1951, ch 121; SL 1953, ch 107; SL 1955, ch 83; SL 1964, ch 79; SL 1967, ch 86; SL 1968, ch 100; SL 1972, ch 225; SL 1973, ch 269, § 1; SL 1974, ch 278, § 4; SL 1991, ch 337, § 62; SL 2009, ch 206, § 57.
S.D. Codified Laws § 41-4-6 — SD Code / Title 41 / Chapter 4 / Section 41-4-6
Publication of notice of timber sales--Contents
Status: in_force

The Department of Game, Fish and Parks shall publish notice of timber sales in three official newspapers in the county or vicinity in which the timber is located, once each week for at least two consecutive weeks before the sales date. The notice shall set forth the approximate boundaries of the timber sale, the estimated amount of timber to be sold, the time when bids may be filed with the department, and when such bids will be considered if sold on sealed bids, or, if the timber is to be sold by auction, the time and place where the public auction will be held.

Source: SDC Supp 1960, § 25.1308 as enacted by SL 1966, ch 73, § 2; SL 1972, ch 28, § 15; SL 2009, ch 206, § 35.
S.D. Codified Laws § 41-15-2 — SD Code / Title 41 / Chapter 15 / Section 41-15-2
Jurisdiction of courts and officers over boundary waters--Concurrent jurisdiction of adjoining states
Status: in_force

For the purpose of enforcing any of the laws under this title and the rules promulgated pursuant to this title, the courts of this state, and the conservation officers of this state, have jurisdiction over the entire boundary waters of the state, to the furthermost shore line. Concurrent jurisdiction of the courts and administrative officers of the adjoining states of Minnesota, North Dakota, Montana, Wyoming, Iowa, and Nebraska over all boundary waters between such states and this state, and the whole of such boundary waters, is hereby recognized.

Source: SDC 1939, § 25.0424; SL 1965, ch 112; SL 2009, ch 206, § 83.
S.D. Codified Laws § 41-2-21 — SD Code / Title 41 / Chapter 2 / Section 41-2-21
Acquisition and development of property for public shooting areas, water conservation, and recreation
Status: in_force

The Department of Game, Fish and Parks may acquire by any means or methods as specified in § 41-2-19 any public or private real property especially desirable for purposes of establishing public shooting areas or for the purposes of water conservation or recreation and may develop and improve the property for such purposes.

Source: SDC 1939, § 25.0106 (3); SL 1945, ch 92; SL 1947, ch 101; SL 2009, ch 206, § 13.
S.D. Codified Laws § 41-18-14 — SD Code / Title 41 / Chapter 18 / Section 41-18-14
Resolution for payment of agreed price for property
Status: in_force

If an agreement is reached with the owner of the property or any portion of the property for a reasonable price for the property, the board of county commissioners shall pass a resolution for the purchase of the property or any portion of the property. The resolution shall contain a general description of the property, including the acreage and the price for which the property is to be purchased.

Source: SDC 1939, § 12.2403; SL 2009, ch 206, § 114.
S.D. Codified Laws § 41-2-30 — SD Code / Title 41 / Chapter 2 / Section 41-2-30
Predatory animal control activities--Cooperation with other agencies
Status: in_force

The Department of Game, Fish and Parks shall engage in predatory animal control activities and cooperate with the United States or any agency of the United States, with other states, or with any other department, agency, or public corporation of this state in the execution of such control activities.

Source: SL 1945, ch 91, § 5; SDC Supp 1960, § 25.0106-1 (2); SL 2009, ch 206, § 21.
S.D. Codified Laws § 41-4-11 — SD Code / Title 41 / Chapter 4 / Section 41-4-11
Supervision of certain islands in Missouri River--Purposes of use--Sand and gravel contracts
Status: in_force

Any island or accumulation of land formed in the bed of a navigable stream or meandered lake on the Missouri River below the Fort Randall Power Plant and Lake Francis Case, belonging to the state as provided by § 5-2-4 , is under the supervision of the secretary of the Department of Game, Fish and Parks. The secretary shall administer such lands primarily for wildlife habitat or public recreation or both. In addition, the secretary may enter into contracts with persons desiring to take sand, silt, or gravel from such lands upon such terms and conditions and terms of payment to the State of South Dakota as the secretary may determine. No contract may give any person any exclusive privilege thereunder.

Source: SL 1981, ch 296, § 1; SL 1984, ch 273, § 42.
S.D. Codified Laws § 41-17-2 — SD Code / Title 41 / Chapter 17 / Section 41-17-2
Legislative adoption required for new state park
Status: in_force

No state park may hereafter be designated or created except by the designation and creation as a state park by the Legislature.

Source: SDC Supp 1960, § 25.1311 as enacted by SL 1966, ch 73, § 2; SL 2009, ch 206, § 97.
S.D. Codified Laws § 41-3-9 — SD Code / Title 41 / Chapter 3 / Section 41-3-9
Permission for scientific collection of protected birds, animals, and fish--Resale prohibited
Status: in_force

The Game, Fish and Parks Commission may grant permission under its seal to any accredited representative of any incorporated society of natural history to collect for scientific purposes only, nests, eggs, birds, animals, or fish protected by this title. Such specimens may not be sold or transferred.

Source: SDC 1939, § 25.0120; SL 2009, ch 206, § 27.
S.D. Codified Laws § 41-12-17 — SD Code / Title 41 / Chapter 12 / Section 41-12-17
Seining of scavenger and unprotected fish from boundary waters permitted
Status: in_force

Notwithstanding § 41-12-15 , the Game, Fish and Parks Commission may, in its discretion, at such time as it may deem proper, permit the seining of scavenger or nonprotected fish from the rivers, lakes, or waters described in § 41-12-15 .

Source: SDC 1939, § 25.0423; SL 1945, ch 97; SL 1967, ch 85, § 9.
S.D. Codified Laws § 41-20-17 — SD Code / Title 41 / Chapter 20 / Section 41-20-17
Duties of state forester
Status: in_force

The state forester, under the direction of the Department of Agriculture and Natural Resources, shall administer and enforce all state laws with reference to forests, woodlands, trees, and tree plantations, public and private, and shall provide for their health and protection from trespass, and other damaging influences.

Source: SL 2013, ch 196, § 8; SL 2021, ch 1 (Ex. Ord. 21-3 ), § 51, eff. Apr. 19, 2021.
S.D. Codified Laws § 41-2-43 — SD Code / Title 41 / Chapter 2 / Section 41-2-43
Approval by Interstate Commerce Commission
Status: in_force

Any disposal of lands under §§ 41-2-39 to 41-2-46 , inclusive, if the lands are located to south of the north line of block 139, original plat of Custer City, South Dakota, shall be approved by the United States Interstate Commerce Commission under the commission's abandonment procedures.

Source: SL 1994, ch 326, § 5.
S.D. Codified Laws § 41-15-18 — SD Code / Title 41 / Chapter 15 / Section 41-15-18
Unlawfully possessed bird, animal, fish, skin, or container as contraband--Seizure by officer
Status: in_force

Any bird, animal, fish, or the skin of any fur-bearing animal, or any part of any such bird, animal, fish, or skin, caught, killed, shipped, possessed, or controlled, contrary to any of the provisions of this title or any rules of the Game, Fish and Parks Commission, and any compartment, chest, box, locker, crate, basket, package, or other similar receptacle or similar contrivance in which any such bird, animal, fish, or skin is kept, or concealed, unless otherwise expressly excepted by law, are deemed contraband. Any conservation officer or law enforcement officer shall seize and take possession of the contraband pending action by a court of competent jurisdiction.

Source: SDC 1939, § 25.0422; SL 1963, ch 135, § 2; SL 1967, ch 85, § 8; SL 1969, ch 100; SL 2009, ch 206, § 91; SL 2021, ch 188, § 4.
S.D. Codified Laws § 41-6-81 — SD Code / Title 41 / Chapter 6 / Section 41-6-81
Hunter mentoring program--License--Requirements--Promulgation of rules
Status: in_force

A mentored youth hunting license may be issued to a child under the age of sixteen. The child must be accompanied by a hunting mentor. A hunting mentor may be the child's parent or guardian or any other competent adult who has the consent of the child's parent or guardian.

The hunting mentor shall be unarmed, except as otherwise provided in this section, and shall have successfully completed a hunter safety or hunter education course that meets the requirements of chapter 41-7 .

A child who hunts pursuant to this section must be under the immediate physical control, direct supervision, and responsibility of a hunting mentor, at the time the child discharges a firearm or operates a bow and arrow in the act of hunting.

A hunting mentor may accompany no more than one mentored child at any one time.

Nothing in this section prohibits the hunting mentor from carrying a concealed pistol or other legally possessed handgun.

The Game, Fish and Parks Commission shall promulgate rules, pursuant to chapter 1-26 , to establish criteria and conditions governing the mentored youth hunting license and the hunter mentoring program established in this section.

Source: SL 2008, ch 217, § 1; SL 2018, ch 252, § 1; SL 2020, ch 184, § 1; SL 2021, ch 184, § 8; SL 2025, ch 175, § 4.
S.D. Codified Laws § 41-6-19.6 — SD Code / Title 41 / Chapter 6 / Section 41-6-19.6
Nonrefundable application fee for resident bighorn sheep, mountain goat, or elk license--Drawing--Use of proceeds--Rules
Status: in_force

The Game, Fish and Parks Commission may establish a nonrefundable application fee not to exceed ten dollars for any resident making application for a bighorn sheep, mountain goat, or elk license. Successful applicants shall be selected by drawing. Proceeds from the application fees collected shall be used for big game research and management. The commission may promulgate rules, pursuant to chapter 1-26 , for the purpose of establishing a season and guidelines therefor and to establish the fee provisions.

Source: SL 1987, ch 303; SL 2014, ch 199, § 1.
S.D. Codified Laws § 41-12-7 — SD Code / Title 41 / Chapter 12 / Section 41-12-7
Fishing lines to be attended--Violation as misdemeanor
Status: in_force

Each line used for fishing shall be attended to the extent that it is under the direct supervision of and within the unaided observation of the legal user at all times. A violation of this section is a Class 2 misdemeanor.

Source: SDC 1939, § 25.0602 as enacted by SL 1961, ch 120, § 2; SL 1966, ch 70; SL 1991, ch 337, § 79.
S.D. Codified Laws § 41-2-34.1 — SD Code / Title 41 / Chapter 2 / Section 41-2-34.1
Resident small game license revenue--Use--Purchase and use of land--Power of eminent domain not to be exercised
Status: in_force

An amount equal to thirty - five percent of the resident small game license revenue shall be used for the purpose of restoring the state pheasant and wildlife population. Any land purchased with such funds shall be identified as game production areas. Any such purchase shall be from a willing seller and shall be approved by the Governor. No acquisition of land made pursuant to this section may be accomplished through the state's power of eminent domain.

Source: SL 1977, ch 327, § 5; SL 1988, ch 331; SL 1998, ch 252, § 5.
S.D. Codified Laws § 41-1-10 — SD Code / Title 41 / Chapter 1 / Section 41-1-10
Enjoining interference--Damages allowable
Status: in_force

The court may enjoin conduct which is in violation of § 41-1-8 upon petition by a person affected or who reasonably may be affected by such conduct, upon a showing that such conduct is threatened or that it has occurred on a particular premises in the past and may reasonably be expected to be repeated. The court may award damages to any person adversely affected by a violation of § 41-1-8 . Damages may include an award for punitive damages, license fees, travel, or other expenses which were rendered futile by preventing the licensee from taking game or fish.

Source: SL 1983, ch 298, § 3.
S.D. Codified Laws § 41-17-22.5 — SD Code / Title 41 / Chapter 17 / Section 41-17-22.5
Custer State Park bond redemption fund created--Expenditures
Status: in_force

There is hereby created in the state treasury the Custer State Park concession bond redemption fund. The fund shall be budgeted and expended in accordance with Title 4 on warrants drawn by the state auditor on vouchers approved by the secretary of the Department of Game, Fish and Parks. Expenditures or transfers from the fund may only be made to make bond payments, to reimburse the general fund for bond payments made pursuant to SL 1989, ch 362 or for maintenance and renovation of state - owned concession facilities at Custer State Park.

Source: SL 1989, ch 362, § 8.
S.D. Codified Laws § 41-13-5 — SD Code / Title 41 / Chapter 13 / Section 41-13-5
Department authorized to remove rough fish and bullheads from public waters
Status: in_force

The Department of Game, Fish and Parks may remove and dispose of rough fish and bullheads from the public waters of the state by the use of seines, nets, chemicals, or by other means or devices.

Source: SDC 1939, § 25.0607 as enacted by SL 1961, ch 120, § 2; SL 2009, ch 206, § 66.
S.D. Codified Laws § 41-17-7 — SD Code / Title 41 / Chapter 17 / Section 41-17-7
Bond recital as to sources of payment--Disclaimer of state obligation
Status: in_force

All bonds issued under the authority of this chapter shall recite in substance that such bonds and interest thereon are payable solely from the revenues pledged to the payment thereof and that such bonds do not constitute a debt of the State of South Dakota within the meaning of any constitutional or statutory limitation.

Source: SL 1959, ch 108, § 5; SDC Supp 1960, § 25.0129.
S.D. Codified Laws § 41-20-18 — SD Code / Title 41 / Chapter 20 / Section 41-20-18
Assistance in management and protection of forestland, woodland, shelterbelt, and rangeland
Status: in_force

The state forester, with the sanction of the Department of Agriculture and Natural Resources, may, upon request, assist and cooperate with any agency of the United States government; all state, county, and municipal agencies; and with any corporation, association, partnership, or individual owning or controlling any forestland, woodland, shelterbelt, or rangeland in the management and protection of such forestland, woodland, shelterbelt, or rangeland, including:

(1) Preparation of plans for management and protection of forest health including during a declared forest insect or disease emergency;

(2) Management, surveying, harvesting, marketing, and processing of forest products; and

(3) Collection of receipts from the sale of federal timber and depositing them in the forestry fund as provided in § 41-20-22 .

In providing timber sale assistance pursuant to subdivisions (1) and (2) of this section, on private lands, the state forester shall determine that such assistance is not reasonably available through a consulting forester. If the assistance is determined to be unavailable from a consulting forester, the state forester may provide the assistance after courtesy notification to private industrial foresters. However, the assistance provided is limited to thirty man-days over a period of six years per individual owner.

Source: SL 2013, ch 196, § 9; SL 2021, ch 1 (Ex. Ord. 21-3), § 51, eff. Apr. 19, 2021; SL 2022, ch 160, § 1.
S.D. Codified Laws § 41-15A-1 — SD Code / Title 41 / Chapter 15A / Section 41-15A-1
Compact entry by participating states--Form
Status: in_force

An interstate wildlife violator compact is entered with all states legally joining the compact in the form substantially as contained in this chapter.

Source: SL 2004, ch 267, § 1.
S.D. Codified Laws § 41-6-12 — SD Code / Title 41 / Chapter 6 / Section 41-6-12
Resident, nonresident licenses--Preference point--Minimum age
Status: in_force

Any person who is a resident of this state, as defined by this title, qualifies as a resident for securing a resident hunting license, fishing license, or preference point. A person who is not a resident of this state, as defined by this title, shall secure an applicable nonresident hunting license, fishing license, or preference point.

Except as otherwise provided in § 41-6-81 , a person under the age of twelve may not be granted a hunting license. A person who is ten years of age or older may be granted a hunting preference point. A person who is eleven years of age and who will become twelve years of age during the period of September first to December thirty-first, inclusive, may be granted a hunting license or preference point and may be allowed to hunt beginning September first.

Source: SDC 1939, § 25.0301 as added by SL 1959, ch 109, § 1; SL 1961, ch 116, § 1; SL 1968, ch 99, § 1; SL 1979, ch 278, § 3; SL 1990, ch 332, § 4; SL 1992, ch 296, § 1; SL 1998, ch 252, § 9; SL 2007, ch 241, § 3; SL 2018, ch 250, § 1; SL 2025, ch 175, § 2.
S.D. Codified Laws § 41-14-18 — SD Code / Title 41 / Chapter 14 / Section 41-14-18
Sale, shipment, or possession of raw skins of fur-bearing animals as misdemeanor except as provided
Status: in_force

Except as otherwise specifically provided it is a Class 2 misdemeanor for any person to buy, sell, ship, or have in possession out of season the raw skins of any protected fur - bearing animals, whether caught, taken, or killed without or within this state.

Source: SDC 1939, § 25.0808; SL 1977, ch 190, § 597.
S.D. Codified Laws § 41-2-35 — SD Code / Title 41 / Chapter 2 / Section 41-2-35
Annual appropriation of departmental fund
Status: in_force

All moneys in the Department of Game, Fish and Parks fund are hereby annually appropriated to be used with any moneys otherwise appropriated to pay the necessary expenses of effectuating the purposes of this title.

Source: SDC 1939, § 25.0115; SL 1945, ch 36, § 11; SL 1945, ch 91, § 7; SL 1957, ch 99, § 6; SDC Supp 1960, § 25.01 15-1 .
S.D. Codified Laws § 41-15-15 — SD Code / Title 41 / Chapter 15 / Section 41-15-15
Seizure of hunting and fishing equipment for use as evidence--Return to defendant--Abandonment by failure to claim
Status: in_force

Any law enforcement officer may seize and hold, for the purpose of being used as evidence at any trial, any hunting and fishing equipment used in violation of the game and fish laws. Such equipment shall be returned to the defendant under the direction of the court or magistrate when its purpose as evidence has been fulfilled. Any property left in the possession of the court or any law enforcement officer for a period of one year after its purpose as evidence has been fulfilled is deemed abandoned.

Source: SDC 1939, § 25.0422 as added by SL 1963, ch 135, § 2; SL 1969, ch 100; SL 2009, ch 206, § 89.
S.D. Codified Laws § 41-17-27 — SD Code / Title 41 / Chapter 17 / Section 41-17-27
Mickelson Trail--Motorized vehicle prohibited--Exceptions--Penalty
Status: in_force

An individual may not operate a motorized vehicle within the right-of-way of the George S. Mickelson Trail. This section does not apply to:

(1) An individual operating a snowmobile, from December first to March thirty-first, inclusive, on the trail from Lead/Deadwood south to the Dumont trailhead, excluding the portion of the right-of-way crossing the subdivisions known as Englewood Acres and Black Forest Ranchettes;

(2) A governmental employee while in the performance of an official duty;

(3) A member of an organized rescue or fire fighting force, while in the performance of an official duty;

(4) An individual authorized by the Department of Game, Fish and Parks to operate a motorized vehicle within the right-of-way, for a purpose other than a recreational purpose, under a permit, lease, or contract;

(5) An individual operating a self-propelled wheelchair; or

(6) An individual operating a Class I electric bicycle, as defined in § 32-20B-9 .

A violation of this section is a Class 2 misdemeanor.

Source: SL 1992, ch 302; SL 2025, ch 178, § 1.
S.D. Codified Laws § 41-6-31.1 — SD Code / Title 41 / Chapter 6 / Section 41-6-31.1
Upland game birds raised in captivity and derived products deemed agricultural products
Status: in_force

For the purposes of all classification and administration of the statutes of the State of South Dakota, executive orders, administrative orders, and rules pertaining to upland game birds that are being raised in captivity:

(1) Such upland game birds and any products that are lawfully derived from the upland game birds are agricultural products; and

(2) The breeding, raising, producing, or selling of such upland game birds or lawfully derived products by the producer is an agricultural pursuit.

For purposes of this section, the term, upland game birds, includes all species and subspecies of quail, partridges, pheasants, wild turkeys, grouse, and prairie chickens.

Source: SL 2006, ch 219, § 1.
S.D. Codified Laws § 41-8-31 — SD Code / Title 41 / Chapter 8 / Section 41-8-31
Hunting methods restricted--Violation as misdemeanor
Status: in_force

No person may at any time hunt, catch, take, attempt to take, or kill any small game or game animal in any other manner than by shooting the same with a firearm, except:

(1) Game birds and animals may be taken with birds trained in falconry or with bow and arrow;

(1A) Cottontail rabbit, red squirrel, fox squirrel, grey squirrel, and any species defined as a predator/varmint in § 41-1-1 may be taken with an air gun that complies with specifications established by rules promulgated by the Game, Fish and Parks Commission pursuant to chapter 1-26 ;

(2) A person with a permanent or temporary disability who is missing an upper limb, physically incapable of using an upper limb, or confined to a wheelchair may obtain a disabled hunter permit to use a crossbow or other legal bow equipped with a draw-lock device to take game birds and animals;

(3) A person who is legally blind, is legally licensed, possesses a disabled hunter permit, and is physically present and participates in the hunt but cannot safely discharge a firearm or bow and arrow, may claim game birds and animals taken by a designated hunter in accordance with the license possessed by the hunter who is legally blind;

(3A) A person who is quadriplegic, is legally licensed, possesses a disabled hunter permit, and is physically present and participates in the hunt but cannot safely discharge a firearm or bow and arrow, may claim game birds and animals taken by a designated hunter in accordance with the license possessed by the hunter who is quadriplegic; and

(4) A person with a permanent or temporary disability as defined in subdivision (2) of this section who is legally licensed for a youth big game hunting season, possesses a disabled hunter permit, and is physically present and participates in the hunt but is unable to safely discharge a firearm or bow and arrow, may claim any big game animal taken by a designated hunter in accordance with the youth big game license possessed by the person with a permanent or temporary disability.

A violation of this section is a Class 2 misdemeanor.

Source: SDC 1939, § 25.0412; SL 1941, ch 109; SL 1943, ch 94; SL 1947, ch 111; SL 1953, ch 105; SL 1957, ch 105; SL 1959, ch 116; SL 1963, ch 138; SL 1969, ch 100; SL 1979, ch 283, § 5; SL 1984, ch 274; SL 1986, ch 353; SL 1991, ch 337, § 54; SL 2007, ch 243, § 1; SL 2008, ch 218, § 1; SL 2009, ch 210, § 1; SL 2010, ch 210, § 1; SL 2011, ch 192, § 1.
S.D. Codified Laws § 41-15-11 — SD Code / Title 41 / Chapter 15 / Section 41-15-11
Summons issued to person arrested for misdemeanor--Release from custody on promise to appear--Bond required of nonresident
Status: in_force

If any resident is arrested for a violation of any provision of this title, punishable as a misdemeanor, the arresting officer shall take the name and address of the person and information relative to the violation and issue the person a summons in writing to appear in court. The officer shall release the person from custody upon receiving from the person a written promise to appear at the time and place designated by the officer. A nonresident arrested for a violation of any provision of this title may be required to post bond in the amount set forth on the fine and bond schedule provided by the presiding circuit court judge, or in an amount set by a magistrate or judge for that offense, before being released from custody. Any person who intentionally violates the written promise to appear, given in accordance with the provisions of this section, is guilty of a Class 2 misdemeanor.

Source: SDC 1939, § 25.0114 as added by SL 1963, ch 134; SL 1964, ch 76; SL 1982, ch 294; SL 1999, ch 214, § 1; SL 2005, ch 227, § 1.
S.D. Codified Laws § 41-6-2 — SD Code / Title 41 / Chapter 6 / Section 41-6-2
License not required to hunt certain animals or fish on owned or leased land during open season
Status: in_force

A resident of this state may hunt or take in a lawful manner fox squirrel, grey squirrel, red squirrel, cottontail rabbit, game birds, or fish during an open season on land or waters on land owned or leased by the resident without first securing a license to do so. Notwithstanding any other provisions of law, a resident is not in violation of any season, daily, or possession limit established for the species of fish in a man-made water body on land owned by the resident provided the resident owns the bed of the water body in its entirety, and the fish taken remain on the resident's land, unless said body of water has been stocked or managed by the Department of Game, Fish and Parks within the past five years.

Source: SDC 1939, § 25.0308 (1); SL 1943, ch 92; SL 2007, ch 239, § 1; SL 2017, ch 183, § 1.
S.D. Codified Laws § 41-6-60 — SD Code / Title 41 / Chapter 6 / Section 41-6-60
Big game transportation permits issued by conservation officers
Status: in_force

Permits under § 41-6-22 may be issued by the secretary of game, fish and parks or any conservation officer.

Source: SDC 1939, § 25.0303 (2); SL 1947, ch 103, § 2; SL 1953, ch 102; SL 1959, ch 109, § 2.
S.D. Codified Laws § 41-9-9 — SD Code / Title 41 / Chapter 9 / Section 41-9-9
Hunter civil liability for injury, death, or property damage caused by negligent actions
Status: in_force

Any person who is engaged, legally or illegally, in hunting is liable for any injury or death to any person or damages to property caused by the hunter's negligent actions. The injured person or the owner of the property that has been damaged may recover civil damages. Nothing herein shall abrogate any other provision of law.

Source: SL 1992, ch 299.
S.D. Codified Laws § 41-6-19.7 — SD Code / Title 41 / Chapter 6 / Section 41-6-19.7
License issued to national guard member called to active duty
Status: in_force

Any member of the national guard or other reserve component of the armed forces of the United States who was issued an elk, bighorn sheep, or mountain goat license pursuant to § 41-6-19.6 , but was ordered into active federal service in the armed forces of the United States before the license could be used, may be issued a replacement license as provided in this section. After the member has been released from active federal service, the member may request and shall be issued the applicable replacement bighorn sheep, mountain goat, or elk license under the same or substantially similar terms and conditions as those under which the original license was issued. The replacement license shall be issued for the hunting season immediately following the member's release from active federal service. However, if the release occurs during the hunting season, the member may choose either to obtain the replacement license for the remainder of the current season or to obtain the replacement license for use during the next succeeding full season. The replacement license expires at the end of the season during which it is used.

Source: SL 2006, ch 217, § 1.
S.D. Codified Laws § 41-3-1 — SD Code / Title 41 / Chapter 3 / Section 41-3-1
Department in charge of propagation and preservation of game and fish
Status: in_force

The Department of Game, Fish and Parks shall have charge of the propagation and preservation of such varieties of game and fish as it shall deem to be of public value.

Source: SDC 1939, § 25.0107 (1).
S.D. Codified Laws § 41-1-12 — SD Code / Title 41 / Chapter 1 / Section 41-1-12
Euthanasia of animal injured in motor vehicle accident
Status: in_force

Notwithstanding any other provision of law, any person who has seriously injured a wildlife animal in a motor vehicle accident or any person who comes upon a wildlife animal that has been seriously injured in a motor vehicle accident may euthanize the seriously injured animal so that it will not suffer needlessly if that person has the means, skill, and will to euthanize the animal humanely.

Source: SL 2013, ch 207, § 1.
S.D. Codified Laws § 41-8-19 — SD Code / Title 41 / Chapter 8 / Section 41-8-19
Trapping of fur-bearing animals prohibited--Exceptions--Violation as misdemeanor
Status: in_force

Except as authorized by chapter 41-6 and this chapter, no person may set or operate any trap, hunt, catch, take, trap, or kill any fur-bearing animal. A violation of this section is a Class 2 misdemeanor.

Source: SDC 1939, § 25.0801; SL 1941, ch 121; SL 1947, ch 113; SL 1951, ch 125; SL 1955, ch 86; SL 1959, ch 122; SL 1959, ch 123; SL 1961, ch 122; SL 1976, ch 261, § 2; SL 1991, ch 337, § 50; SL 2012, ch 203, § 1.
S.D. Codified Laws § 41-12-8 — SD Code / Title 41 / Chapter 12 / Section 41-12-8
Prohibited bait--Violation as misdemeanor
Status: in_force

No person may use carp, goldfish, or game fish, except bullhead, lake herring, sunfish of the genus Lepomis, and cleanings of game fish, as bait in hook and line fishing. A violation of this section is a Class 2 misdemeanor.

Source: SDC 1939, § 25.0602 as enacted by SL 1961, ch 120, § 2; SL 1984, ch 273, § 85; SL 2015, ch 212, § 1; SL 2019, ch 190, § 1.
S.D. Codified Laws § 41-6-29.1 — SD Code / Title 41 / Chapter 6 / Section 41-6-29.1
Issuance of depredation permits--Application procedures--Fee--Limit on permits--Violation as misdemeanor
Status: in_force

In addition to the specific authority of the secretary of game, fish and parks to issue permits pursuant to § 41-6-29 the Game, Fish and Parks Commission may also, by resolution, authorize the secretary of game, fish and parks to issue a specific number of depredation permits to respond to property damage by game animals that cannot be resolved by any other method. Upon such authorization by the commission, the secretary shall issue the depredation permits. The depredation permit authorizes the permit holder to kill and take game animals identified by the department as causing property damage. The secretary shall establish when and where each depredation permit is valid and the number of game animals that may be killed under each permit. The commission shall, by rules promulgated pursuant to chapter 1-26 , establish the application procedures for the depredation permits, the procedures to be followed by the secretary in issuing the depredation permits to applicants, the fee for the permits, and the maximum number of depredation permits that may be issued each year.

Any person who violates the conditions of the permit is guilty of a Class 1 misdemeanor.

Source: SL 1996, ch 250, § 2.
S.D. Codified Laws § 41-23-17 — SD Code / Title 41 / Chapter 23 / Section 41-23-17
Restrictions on portion of nonmeandered lake opened for transportation
Status: in_force

The commission shall set the size and location of the area of the marked portion of a nonmeandered lake opened for transportation pursuant to § 41-23-16 and set reasonable speed, wake, and other limitations to protect the privacy, safety, and substantially affected financial interests of the owner of private property underlying the marked portion of the nonmeandered lake.

Source: SL 2017 (SS), ch 1, § 17, eff. June 12, 2017.
S.D. Codified Laws § 41-6-44.1 — SD Code / Title 41 / Chapter 6 / Section 41-6-44.1
Nonresident wholesale bait dealer license--Privileges granted--Rules--Violation as misdemeanor
Status: in_force

It is a Class 1 misdemeanor for a nonresident to transport bait and biological specimens into the state, possess bait or biological specimens within the state, or sell bait and biological specimen animals within the state without a nonresident wholesale bait dealer license or in violation of the conditions of the license or the rules of the Game, Fish and Parks Commission.

The Department of Game, Fish and Parks may issue any nonresident a nonresident wholesale bait dealer license, if the home state of the nonresident dealer provides a like opportunity to South Dakota residents to be licensed in that state. The license permits the licensee to transport bait and biological specimens into the state, possess bait and biological specimens within the state, and sell bait and biological specimen animals within the state to any retail, wholesale or export bait dealer licensed under the provisions of this chapter. The licensee shall comply with the rules adopted pursuant to § 41-2-18 by the Game, Fish and Parks Commission to protect and perpetuate the bait and biological specimen animal resources of the state.

Source: SL 1985, ch 324, § 3; SL 1988, ch 334, § 3; SL 1991, ch 337, § 34; SL 1992, ch 293, § 6.
S.D. Codified Laws § 41-18-2 — SD Code / Title 41 / Chapter 18 / Section 41-18-2
Acceptance of gift for park purposes authorized without petition or hearing
Status: in_force

If property described in § 41-18-1 or any portion thereof is offered to the county as a gift for the purpose described therein, the commissioners may without the necessity of a petition of freehold voters as provided for in § 41-18-3 , accept such gift by resolution passed at a regular meeting or special meeting called for that purpose. In such case no notice of such meeting or resolution accepting such gift need be published.

Source: SDC 1939, § 12.2408; SL 1985, ch 15, § 59.
S.D. Codified Laws § 41-15-7 — SD Code / Title 41 / Chapter 15 / Section 41-15-7
Refusal to permit or interference with inspection as misdemeanor
Status: in_force

Any person who refuses to permit the inspection and count of any game birds, animals, or fish in the person's possession or who interferes with or obstructs any officer attempting to make such an inspection or count is guilty of a Class 2 misdemeanor.

Source: SDC 1939, § 25.9903; SL 1977, ch 190, § 603; SL 2009, ch 206, § 86.
S.D. Codified Laws § 41-8-39.2 — SD Code / Title 41 / Chapter 8 / Section 41-8-39.2
Contracts with aerial hunters of foxes and coyotes
Status: in_force

Notwithstanding the provisions of § 41-8-39 , the Department of Game, Fish and Parks may contract with aerial hunters to control foxes and coyotes as permitted under P. L. 92-159 or § 40-36-9 if requested by landowners or tenants.

Source: SL 1973, ch 268, § 3; SL 1978, ch 297, § 1; SL 2009, ch 206, § 56.
S.D. Codified Laws § 41-6-6 — SD Code / Title 41 / Chapter 6 / Section 41-6-6
Fishing license not required--Individuals under eighteen
Status: in_force

A license to fish, to the extent and in the manner permitted by a fishing license, is not required of any person less than eighteen years old.

Source: SDC 1939, § 25.0308 (2); SL 1959, ch 113, § 2; SL 2009, ch 206, § 46; SL 2021, ch 184, § 2.
S.D. Codified Laws § 41-8-23 — SD Code / Title 41 / Chapter 8 / Section 41-8-23
Killing of mink, muskrats, and beavers causing damage
Status: in_force

Mink may be killed at any time if doing damage around buildings but all such mink killed are the property of the state, if taken during the closed season. If muskrat or beaver are injuring irrigation ditches, dams, embankments, or public highways, or causing any other damage to property, the secretary of game, fish and parks may issue a permit to trap or kill such animals at any time. The Game, Fish and Parks Commission may authorize the killing or trapping of beaver upon public lands and game preserves at any time the commission deems necessary.

Source: SDC 1939, § 25.0801; SL 1941, ch 121; SL 1947, ch 113; SL 1951, ch 125; SL 1955, ch 86; SL 1959, ch 122; SL 1959, ch 123; SL 1961, ch 122; SL 2009, ch 206, § 53.
S.D. Codified Laws § 41-1-7 — SD Code / Title 41 / Chapter 1 / Section 41-1-7
Fish grown or raised for breeding purposes or sale
Status: in_force

For the purposes of sales taxes and commercial motor vehicle licensing and all other classifications and administration of the statutes of the State of South Dakota, the executive orders of the Governor of the State of South Dakota, administrative rules and regulations promulgated pursuant to chapter 1-26 , fish grown or raised for breeding purposes for sale to others means:

(1) The fish and the products thereof are agricultural products;

(2) The breeding, raising, producing, or marketing of such fish or their products by the producer is a farming operation;

(3) One who engages in an operation defined by subdivision (2) of this section is a farmer.

Source: SL 1979, ch 275.
S.D. Codified Laws § 41-14-29 — SD Code / Title 41 / Chapter 14 / Section 41-14-29
Sale and transportation of rough fish permitted
Status: in_force

Rough fish legally taken, acquired, and possessed may be sold or transported or both, within or without the state unless otherwise provide by law.

Source: SDC 1939, § 25.0603 as enacted by SL 1961, ch 120, § 2; SL 2009, ch 206, § 79.
S.D. Codified Laws § 41-6-76 — SD Code / Title 41 / Chapter 6 / Section 41-6-76
Resident license required to catch, kill, or possess fish, frogs, or turtles--Violation as misdemeanor
Status: in_force

Except as otherwise provided, it is a Class 2 misdemeanor for a resident to catch or attempt to catch, take, kill, or have in the resident's possession any fish, frogs, or turtles without a resident fishing license, a resident senior fishing license, a temporary fishing license, or a nursing facility group fishing license, or in violation of the conditions of the license or the rules of the Game, Fish and Parks Commission.

Source: SL 1991, ch 337, § 28; SL 1998, ch 252, § 19.
S.D. Codified Laws § 41-17-23 — SD Code / Title 41 / Chapter 17 / Section 41-17-23
Grazing on state park or game preserve without permit as misdemeanor
Status: in_force

It is a Class 2 misdemeanor for any person owning, having charge of, or possessing any horses, mules, cattle, goats, sheep, swine, or other domestic grazing animals, to cause or permit such animals to enter or graze upon any state park or game preserve within this state, except on permits issued by the Department of Game, Fish and Parks or other governing body.

Source: SDC Supp 1960, § 25.1316 as enacted by SL 1966, ch 73, § 2; SDCL § 41-16-4 ; SL 1977, ch 190, § 606; SL 2009, ch 206, § 107.
S.D. Codified Laws § 41-6-25 — SD Code / Title 41 / Chapter 6 / Section 41-6-25
Fur dealer's license--Privileges--License valid for one year--Violation as misdemeanor
Status: in_force

It is a Class 1 misdemeanor for a person to purchase or contract to purchase for a commercial purpose the raw skins of fur-bearing animals or unskinned fur-bearing animals, including jackrabbits, without a fur dealer's license or in violation of the license or the rules of the Game, Fish and Parks Commission. For purposes of this section, commercial purpose is the purchase of or contract to purchase the property by persons who hold themselves out as engaging in the business of purchasing such property and does not include the isolated or occasional purchase of such property.

A fur dealer's license permits the licensee to purchase or contract to purchase the skins of fur-bearing animals, including jackrabbits, for the purpose of resale or other commercial purpose, to the extent and in the manner provided by §§ 41-14-22 and 41-14-23 . A fur dealer's license is valid for a period of one year from July first to June thirtieth.

Any person convicted of issuing an insufficient funds check or no account check shall be denied a fur dealer's license until such time as all such checks are paid.

Source: SDC 1939, § 25.0302 (19); SL 1941, ch 105; SL 1947, ch 107; SL 1953, ch 100; SDC Supp 1960, § 25.0302 (17); SL 1961, ch 116, § 2; SL 1966, ch 69, § 2; SL 1979, ch 278, § 13; SL 1979, ch 279; SL 1982, ch 287; SL 1984, ch 29, § 5Y; SL 1986, ch 345; SL 1986, ch 346; SL 1991, ch 337, § 20; SL 2001, ch 230, § 1.
S.D. Codified Laws § 41-23-15 — SD Code / Title 41 / Chapter 23 / Section 41-23-15
Walking, wading, standing, or operating motor vehicle on bed of nonmeandered lake, or trapping or hunting on frozen surface without permission prohibited
Status: in_force

No person may walk, wade, stand, or operate a motor vehicle on the bed of a nonmeandered lake, or trap or hunt on the frozen surface above private land, without permission from the landowner or any other person legally in possession of the privately owned property underlying the waters of that portion of the nonmeandered lake.

Source: SL 2017 (SS), ch 1, § 15, eff. June 12, 2017.
S.D. Codified Laws § 41-2-13 — SD Code / Title 41 / Chapter 2 / Section 41-2-13
Rangers and park managers as unpaid conservation officers--Emergency appointments
Status: in_force

All rangers and park managers employed by the department shall be conservation officers without additional compensation. If the emergency exists, the Department of Game, Fish and Parks may appoint additional conservation officers who shall serve without additional compensation and shall have all the powers of other conservation officers.

Source: SDC 1939, § 25.0110; SL 1945, ch 93, § 2; SL 1947, ch 102; SL 1949, ch 89, § 1; SL 1951, ch 116, § 1; SL 1955, ch 77, § 1; SL 1957, ch 97, § 2; SL 1971, ch 231, § 1; SL 1984, ch 276, § 2.
S.D. Codified Laws § 41-12-16 — SD Code / Title 41 / Chapter 12 / Section 41-12-16
Taking of certain species from Missouri River boundary waters permitted
Status: in_force

Notwithstanding § 41-12-15 , any person having a resident fishing license may take suckers, red horse, buffalo, carp, eel, eelpout, and catfish (except bullheads) from the waters of the Missouri River as prescribed by the provisions of §§ 41-12-5 to 41-12-8 , inclusive, and § 41-12-12 .

Source: SDC 1939, § 25.0423; SL 1945, ch 97; SL 1967, ch 85, § 9; SL 1985, ch 15, § 57.
S.D. Codified Laws § 41-6-28 — SD Code / Title 41 / Chapter 6 / Section 41-6-28
Nonresident wild turkey license--Privileges--Violation as misdemeanor
Status: in_force

It is a Class 2 misdemeanor for a nonresident to hunt, take, or kill wild turkeys without a nonresident wild turkey license or in violation of the conditions of the license or the rules of the Game, Fish and Parks Commission.

A nonresident wild turkey license permits the licensee to hunt wild turkey in the manner and to the extent provided in § 41-11-5 .

Source: SDC 1939, § 25.0302 (25) as added by SL 1966, ch 69, § 3; SL 1979, ch 278, § 15; SL 1984, ch 29, § 5S; SL 1984, ch 273, § 53; SL 1991, ch 337, § 22.
S.D. Codified Laws § 41-9-1.5 — SD Code / Title 41 / Chapter 9 / Section 41-9-1.5
Motorized vehicles not to be used in hunting from highways--Restrictions
Status: in_force

In order to protect the public safety, it is the intent of the Legislature that hunting from highways or other public rights - of - way be accomplished without the use of motorized vehicles. Therefore, the following restrictions apply to such hunting:

(1) No person hunting small game from any highway or other public right - of - way pursuant to § 41-9-1.1 may discharge a firearm at any small game animal unless the motor vehicle by which the person has been transported to the hunting location has, to the maximum extent practical, been parked off the main traveled portion of the highway or public right - of - way in a manner that does not create an unreasonable risk of injury or damage to other persons or property using the highway or public right - of - way;

(2) If the person who discharges the firearm is more than fifty yards from the vehicle, the doors on the side of the vehicle nearest the roadway shall be closed, but the engine may be running; and

(3) If the person who discharges the firearm is less than fifty yards from the vehicle, all of the vehicle doors shall be closed and the engine shall be turned off.

A violation of this section is a Class 2 misdemeanor.

Source: SL 2003, ch 225, § 2.
S.D. Codified Laws § 41-2-24 — SD Code / Title 41 / Chapter 2 / Section 41-2-24
Acquisition and management of parks--Fees--Bonds--Cooperation with other agencies
Status: in_force

The Department of Game, Fish and Parks shall acquire by gift, purchase, lease, or condemnation and shall improve and manage land areas suitable for park purposes in various portions of the state so that a comprehensive state park system may be established. The department may levy and collect service fees for the use of the facilities in the state parks, upon the conditions as provided in this title. The department may issue its negotiable bonds for such purposes, and in such amounts, forms and upon such conditions as provided in this title. The department may cooperate with the United States, with any agency of the United States, and with any other department or public corporation of this state in such park activities.

Source: SL 1945, ch 91, § 5; SL 1959, ch 108, § 1; SDC Supp 1960, § 25.0106-1 (1); SL 1966, ch 68, § 1; SL 2009, ch 206, § 15.
S.D. Codified Laws § 41-11-2 — SD Code / Title 41 / Chapter 11 / Section 41-11-2
Taking, possession, sale or transportation of wild bird or small game prohibited except as provided
Status: in_force

Except as permitted by § 41-11-10 and the rules prescribed by the Game, Fish and Parks Commission, no person may kill, catch, or have in possession, living or dead, any wild bird other than small game, or purchase, offer or expose for sale, transport, or ship within or without the state, any such wild bird or small game after it has been killed or caught. A violation of this section is a Class 2 misdemeanor.

Source: SDC 1939, § 25.0402; SL 1945, ch 96; SL 1967, ch 85, § 1; SL 1969, ch 100; SL 1991, ch 337, § 71.
S.D. Codified Laws § 41-17-15 — SD Code / Title 41 / Chapter 17 / Section 41-17-15
Deposit and use of park service fees
Status: in_force

All income realized from the collection of park service fees established by rules adopted pursuant to § 41-17-1.1 shall be deposited in the parks and recreation fund established by § 41-17-21 . The income shall be expended by the Department of Game, Fish and Parks only for the improvement and development of the state parks, or in payment of any revenue bond issued under the provisions of this chapter.

Source: SL 1959, ch 108, § 2; SDC Supp 1960, § 25.0126; SL 1984, ch 273, § 7; SL 2004, ch 334, § 12.
S.D. Codified Laws § 41-17-1 — SD Code / Title 41 / Chapter 17 / Section 41-17-1
State parks--Enumeration
Status: in_force

The state parks existing in South Dakota are as follows:

(1) Bear Butte State Park, located in Meade County;

(2) Custer State Park, located in Custer County;

(3) Fort Sisseton State Park, located in Marshall County;

(4) Hartford Beach State Park, located in Roberts County;

(5) Newton Hills State Park, located in Lincoln County;

(6) Oakwood State Park, located in Brookings County;

(7) Roy Lake State Park, located in Marshall County;

(8) Union Grove State Park, located in Union County;

(9) Lake Herman State Park, located in Lake County;

(10) Sica Hollow State Park, located in Roberts and Marshall counties;

(11) Fisher Grove State Park, located in Spink County;

(12) Palisades State Park, located in Minnehaha County; and

(13) Good Earth State Park at Blood Run, located in Lincoln County.

Source: SDC Supp 1960, § 25.1311 as enacted by SL 1966, ch 73, § 2; SL 1968, ch 106; SL 1972, ch 229; SL 1973, ch 271; SL 1997, ch 238, § 1; SL 2001, ch 237, § 1; SL 2013, ch 214, § 1.
S.D. Codified Laws § 41-11-11 — SD Code / Title 41 / Chapter 11 / Section 41-11-11
Raptor license required--Violation as misdemeanor
Status: in_force

A person shall obtain a raptor license from the Department of Game, Fish and Parks to capture or possess a raptor. A violation of this section is a Class 2 misdemeanor.

Source: SL 1972, ch 226; SL 1984, ch 273, § 81.
S.D. Codified Laws § 41-12-14 — SD Code / Title 41 / Chapter 12 / Section 41-12-14
Departmental agents exempt when managing fishery resources
Status: in_force

Appointees and employees of the Department of Game, Fish and Parks are exempted from the provisions of this chapter and chapter 41-13 when carrying out assigned duties and responsibilities of managing the fisheries resources in the public waters of the state.

Source: SDC 1939, § 25.0614 as enacted by SL 1961, ch 120, § 2; SL 2009, ch 206, § 63.
S.D. Codified Laws § 41-6-55 — SD Code / Title 41 / Chapter 6 / Section 41-6-55
One license of any type to one person--Exceptions--Sale of additional license of same type--License types
Status: in_force

Only one license of any one type, except visitor's fishing license, nonresident small game license, and nonresident waterfowl license may be obtained under §§ 41-6-16 to 41-6-45.1 , inclusive, by any one person. However, the Game, Fish and Parks Commission may prescribe rules for the issuance or sale of an additional license of the same type if the original license is lost, stolen or destroyed or the licenses of a particular type remain unsold following the lottery and follow - up purchase period. The Game, Fish and Parks Commission may promulgate rules to define license types.

Source: SDC 1939, § 25.0306 (10) as added by SL 1963, ch 136; SL 1964, ch 77; SL 1982, ch 288, § 5; SL 1986, ch 350; SL 1988, ch 334, §§ 6 to 8.
S.D. Codified Laws § 41-4-10 — SD Code / Title 41 / Chapter 4 / Section 41-4-10
Use of unused section-line roads for game production--Notice and cooperation by eastern political subdivisions
Status: in_force

The Department of Game, Fish and Parks may acquire by gift or lease, from willing landowners, the right to maintain unused, terminated, or abandoned section-line rights-of-way as game production areas. This section does not apply to section lines where roads have never been developed. No such interest acquired by the department may prevent a roadway from being reopened to public travel.

Every political subdivision of the state east of the Missouri River having highways or roadways under its jurisdiction may notify the Department of Game, Fish and Parks of any of its developed rights-of-way that are not being maintained as public highways or roads and shall cooperate with the department in acquiring and maintaining such rights-of-way for use as game production areas.

Source: SL 1977, ch 325; SL 2009, ch 206, § 39.
S.D. Codified Laws § 41-8-13 — SD Code / Title 41 / Chapter 8 / Section 41-8-13
Buckshot prohibited in hunting big game--Minimum weight of slug--Violation as misdemeanor
Status: in_force

No buckshot may be used, and no single ball or rifled slug weighing less than one - half ounce may be used in hunting big game animals. A violation of this section is a Class 2 misdemeanor.

Source: SDC 1939, § 25.0708 as enacted by SL 1945, ch 100; SL 1949, ch 99; SL 1953, ch 112; SL 1991, ch 337, § 44.
S.D. Codified Laws § 41-14-3 — SD Code / Title 41 / Chapter 14 / Section 41-14-3
Possession 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 any bird, animal, or fish at any time when the killing, taking, or possession of the bird, animal, or fish is unlawful is prima facie evidence that the taking or killing occurred during the closed season, unless the person in possession of the bird, animal, or fish shows that at the time it was caught, taken, or killed, it was lawfully caught, taken, or killed either within or without the state, and that the person was lawfully in possession of the bird, animal, or fish.

Source: SDC 1939, § 25.0416; SL 1969, ch 100; SL 2009, ch 206, § 71.
S.D. Codified Laws § 41-2-39 — SD Code / Title 41 / Chapter 2 / Section 41-2-39
Disposal of surplus lands within George S. Mickleson Trail--Lands and persons eligible
Status: in_force

The Department of Game, Fish and Parks may dispose of surplus lands within the George S. Mickelson Trail by giving them to the respective landowners adjoining the trail as set out in §§ 41-2-39 to 41-2-46 , inclusive. The lands described may be disposed of only to those landowners whose lands border or surround the trail, and each landowner may receive only such land as lies within the lot, description, or subdivision owned by the landowner.

Source: SL 1994, ch 326, § 1.
S.D. Codified Laws § 41-20-20 — SD Code / Title 41 / Chapter 20 / Section 41-20-20
Preference to trees and seeds grown in state and to state dealers
Status: in_force

In all purchases of seeds or trees under the provisions of § 41-20-19 , preference shall be given to trees and tree seeds grown in this state and to South Dakota dealers.

Source: SL 2013, ch 196, § 11; SL 2015, ch 203, § 23.
S.D. Codified Laws § 41-13-6 — SD Code / Title 41 / Chapter 13 / Section 41-13-6
Additional species to be treated as rough fish
Status: in_force

In addition to rough fish as defined in chapter 41-1 , the Game, Fish and Parks Commission may by rule adopted pursuant to § 41-2-18 declare one or more species of game fish to be considered and treated as rough fish in any particular waters when the action is necessary or advisable to maintain a desirable fish population.

Source: SDC 1939, § 25.0607 as enacted by SL 1961, ch 120, § 2; SL 1984, ch 273, § 90.
S.D. Codified Laws § 41-9-1.3 — SD Code / Title 41 / Chapter 9 / Section 41-9-1.3
Requirements for hunting, fishing or trapping along section-line or highway
Status: in_force

For purposes of § 41-9-1.1 any public right - of - way along a section - line or other highway is open for public hunting, fishing, or trapping if:

(1) The right - of - way has been commonly used by the public for vehicular travel, as demonstrated by the existence of a well - worn vehicle trail; or

(2) An intentional alteration or adaptation has been made to the right - of - way to enhance the natural terrain's utility for vehicular travel or to permit vehicular travel where it was not previously possible.

Source: SL 1996, ch 252, § 2.
S.D. Codified Laws § 41-8-17 — SD Code / Title 41 / Chapter 8 / Section 41-8-17
Night-vision equipment and artificial light in hunting prohibited--Exceptions--Penalty
Status: in_force

Between sunset and sunrise, no person may use or possess night-vision equipment or throw or cast the rays of a spotlight, motor vehicle headlight, or other artificial light onto a highway, or into any field, pasture, woodland, forest, or prairie, for the purpose of spotting, locating, taking, attempting to take, or hunting any animal, if the person is in possession or control of a firearm, bow, or other implement by which an animal could be killed. The prohibitions set forth in this section do not apply to a law enforcement officer in the performance of the officer's duties.

Notwithstanding the prohibitions set forth in this section:

(1) A person may use a handheld light, while the person is on foot, to:

(a) Take raccoons after the raccoons have been treed by dogs; or

(b) Engage in trapping activity and take trapped fur-bearing animals;

(2) From January first to August thirty-first, inclusive, a person may use night vision equipment, but not artificial light, to take jackrabbits, coyotes, beaver during its hunting season, foxes, raccoons, opossums, badgers, skunks, and rodents, provided the person is on public land and uses:

(a) A shotgun and shotshells; or

(b) A firearm and a cartridge having a bullet diameter of less than .312 inches;

(3) From January first to August thirty-first, a person may use night vision equipment, but not artificial light, to take jackrabbits, coyotes, beaver during its hunting season, foxes, raccoons, opossums, badgers, skunks, and rodents, provided the person is on private land that is under lease to the Department of Game, Fish and Parks for the purpose of providing public access, has the permission of the landowner, and uses:

(a) A shotgun and shot shells; or

(b) A firearm and a cartridge having a bullet diameter of less than .312 inches;

(4) A person may use night vision equipment and artificial light to take jackrabbits, coyotes, beaver during its hunting season, foxes, raccoons, opossums, badgers, skunks, and rodents, provided the person is on private land, and uses:

(a) A shotgun and shot shells; or

(b) A firearm and a cartridge having a bullet diameter of less than .312 inches; and

(5) An employee of the Department of Game, Fish and Parks may, while performing animal damage control, use night-vision equipment and artificial lights, provided the employee obtains permission from the person owning or occupying the land prior to taking an animal that is causing damage.

For purposes of this section, artificial light, means a man-made light or lighting device that projects lumination for an unaided eye.

For purposes of this section, night-vision equipment, means an electronic or battery-powered device that enhances a person's ability to see in the dark.

A violation of this section is a Class 2 misdemeanor.

Source: SDC 1939, § 25.0702 as added by SL 1943, ch 96; SL 1967, ch 89, § 2; SL 1977, ch 190, § 561; SL 1982, ch 289, § 1; SL 1985, ch 327; SL 1991, ch 337, § 47; SL 1991, ch 341; SL 2000, ch 208, § 1; SL 2014, ch 201, § 1; SL 2016, ch 209, § 1; SL 2018, ch 253, § 1; SL 2020, ch 186, § 1; SL 2022, ch 157, § 1; SL 2025, ch 177, § 1.
S.D. Codified Laws § 41-4-12 — SD Code / Title 41 / Chapter 4 / Section 41-4-12
"Hunting guide" defined
Status: in_force

For purposes of this section and § 41-4-13 , a hunting guide is a person who holds himself or herself out to the public as a hunting guide and, for compensation or remuneration, directs or provides services to any person for the purpose of hunting any wild animal.

Source: SL 1998, ch 259, § 2.
S.D. Codified Laws § 41-10-20 — SD Code / Title 41 / Chapter 10 / Section 41-10-20
Appeal to circuit court from suspension or revocation of permit
Status: in_force

An appeal may be taken to the circuit court pursuant to the procedure of chapter 1-26 within ten days after a decision of the Game, Fish and Parks Commission to suspend or revoke a shooting preserve operating permit. The circuit court may take additional evidence in any action which is appealed from the administrative determination.

Source: SL 1963, ch 148, § 14.
S.D. Codified Laws § 41-12-15 — SD Code / Title 41 / Chapter 12 / Section 41-12-15
Law of adjoining state to be observed on boundary waters--Misdemeanor
Status: in_force

The taking of any fish with or the placing, maintaining, or using of a net or seine in any river, lake, or waters forming the boundary line between this and any other state of the United States, at any time or in any manner prohibited by the laws of any such adjoining state, is a Class 2 misdemeanor, except as provided by §§ 41-12-16 to 41-12-19 , inclusive.

Source: SDC 1939, § 25.0423; SL 1945, ch 97; SL 1967, ch 85, § 9; SL 1977, ch 190, § 585.
S.D. Codified Laws § 41-20A-3 — SD Code / Title 41 / Chapter 20A / Section 41-20A-3
Duties of state wildland fire coordinator
Status: in_force

The state wildland fire coordinator, under the direction of the Department of Public Safety, shall administer and enforce all state laws for the protection of all forests and woodlands, both public and private, from fire.

Source: SL 2013, ch 196, § 22; SL 2021 ch 1 (Ex. Ord. 21-3), § 69, eff. Apr. 19, 2021.
S.D. Codified Laws § 41-20-22 — SD Code / Title 41 / Chapter 20 / Section 41-20-22
Forestry fund
Status: in_force

There is continued the forestry fund which is in addition to any fund which may be made available by appropriation to the Department of Agriculture and Natural Resources for the operation of forestry programs. The fund shall consist of funds coming to the Department of Agriculture and Natural Resources that are available to the department for the operation of forestry programs. All money in the fund is annually appropriated to be disbursed by the Department of Agriculture and Natural Resources as provided by law. The money in the fund shall be used for necessary purposes and shall be expended upon warrants drawn by the state auditor on vouchers approved by authorized personnel.

Source: SL 2013, ch 196, § 13; SL 2021, ch 1 (Ex. Ord. 21-3 ), § 51, eff. Apr. 19, 2021.
S.D. Codified Laws § 41-6-66 — SD Code / Title 41 / Chapter 6 / Section 41-6-66
Commission or department to direct form of licenses
Status: in_force

Any license permitted or provided for in this title and § 32-20A-15.1 shall be in such form as the Game, Fish, and Parks Commission or department directs.

Source: SDC 1939, § 25.0303 (1) as added by SL 1947, ch 103, § 2; SL 1953, ch 102; SL 1959, ch 109, § 2; SL 1967, ch 84, § 1; SL 1997, ch 233, § 2; SL 1999, ch 210, § 8.
S.D. Codified Laws § 41-8-39.1 — SD Code / Title 41 / Chapter 8 / Section 41-8-39.1
Aerial hunting of coyotes and fox by occupier of land where loss of animals threatened--Hunting on neighbor's land--Consent or authorization--Contract
Status: in_force

Notwithstanding the provisions of § 41-8-39 , any person occupying land as an owner or lessee may apply to the Department of Game, Fish and Parks for a permit to kill or attempt to kill coyotes or foxes from an aircraft to protect or aid in the protection of the owner's or lessee's land, livestock, domesticated animals, or crops, water, wildlife, or human life as permitted under PL 92-159, as amended to January 1, 2004, or § 40-36-9 . A permit may not be issued for the purpose of sport hunting. The permit authorizes the owner or lessee, or a person who holds a valid aerial hunting permit issued by the department and who is under contract with the owner or lessee, to kill or attempt to kill coyotes or foxes from the aircraft on the occupied land and up to four miles onto the land of the immediate adjoining neighbor if the owner or lessee has first obtained the written consent of the owner or lessee of the adjoining land. The Game, Fish and Parks Commission shall promulgate rules pursuant to chapter 1-26 to establish the criteria and eligibility of the permittee and conditions under which the permit is granted, number and species of animals to be hunted and killed, location where permitted, reports required of the permittee, and other rules to implement the provisions of this section.

Source: SL 1973, ch 268, § 2; SL 1986, ch 354; SL 1987, ch 305; SL 1989, ch 355; SL 1998, ch 261, § 1; SL 2004, ch 265, § 1.
S.D. Codified Laws § 41-6-16.2 — SD Code / Title 41 / Chapter 6 / Section 41-6-16.2
License not required of resident on active duty in U.S. armed forces--Exception for migratory bird hunting
Status: in_force

Any resident who is on active duty in the armed forces of the United States and who is stationed at a location outside the state may fish and hunt small game without payment of a fee or the applicable hunting and fishing license authorizing the activity. However, if the resident is hunting migratory birds, the resident shall obtain a migratory bird certification permit and federal migratory bird stamp. While engaged in the permitted activity, the resident shall possess and display appropriate military orders indicating the resident is on active duty stationed outside of South Dakota and a valid military identification card. This section does not apply to any person who is serving on active duty for training as a member of the armed forces reserve or National Guard.

Source: SL 2003, ch 221, § 1; SL 2008, ch 216, § 6.
S.D. Codified Laws § 41-13-7 — SD Code / Title 41 / Chapter 13 / Section 41-13-7
Contract fishing for rough fish and bullheads--Supervision--Bond required
Status: in_force

The Department of Game, Fish and Parks may contract for the removal of rough fish and bullheads from any of the public waters of the state, if fishing under the contract is done under the personal supervision of a person designated by the secretary of game, fish and parks. Any person carrying on such fishing operations under such a contract shall furnish bond in an amount determined by the department, conditioned upon the person's compliance with all of the terms of the contract.

Source: SDC 1939, § 25.0607 as enacted by SL 1961, ch 120, § 2; SL 2009, ch 206, § 67.
S.D. Codified Laws § 41-10-13 — SD Code / Title 41 / Chapter 10 / Section 41-10-13
Game taken on preserve by licensed hunter
Status: in_force

The guest of a shooting preserve permittee, after securing any necessary hunting licenses as required by this chapter, may harvest any game released in the shooting preserve, and as provided for in § 41-10-16 , all of the wild game in the area of the same species as those released.

Source: SL 1963, ch 148, § 8; SL 1986, ch 356, § 4; SL 2011, ch 195, § 4.
S.D. Codified Laws § 41-13-3 — SD Code / Title 41 / Chapter 13 / Section 41-13-3
Commission authority required to introduce fish or eggs into public waters--Violation as misdemeanor
Status: in_force

It is a Class 2 misdemeanor for any person to transplant or introduce any fish or fish eggs into any of the public waters of this state without express authority of the Department of Game, Fish and Parks.

Source: SDC 1939, § 25.0608 as enacted by SL 1961, ch 120, § 2; SL 1977, ch 190, § 589.
S.D. Codified Laws § 41-6-14 — SD Code / Title 41 / Chapter 6 / Section 41-6-14
Minor hunter--Safety instruction required
Status: in_force

Except as otherwise provided in § 41-6-81 , a person under the age of sixteen shall comply with the provisions of chapter 41-7 , pertaining to firearms safety, before being granted a resident hunting license or an applicable nonresident hunting license.

Source: SDC 1939, § 25.0301 as added by SL 1959, ch 109, § 1; SL 1961, ch 116, § 1; SL 1968, ch 99, § 1; SL 1975, ch 263, § 1; SL 1976, ch 258, § 1; SL 1979, ch 278, § 5; SL 1985, ch 15, § 53; SL 1986, ch 344, § 1; SL 1990, ch 332, § 5; SL 1992, ch 296, § 2; SL 1998, ch 252, § 11; SL 2025, ch 175, § 3.
S.D. Codified Laws § 41-18-15 — SD Code / Title 41 / Chapter 18 / Section 41-18-15
Resolution for condemnation of private property for park
Status: in_force

If the board of county commissioners deems it necessary to take, damage, or condemn any private property or any portion of the property for any of the purposes mentioned in § 41-18-11 , the board shall by proper resolution declare the necessity of the taking or damaging, stating the purpose and extent of the taking or damaging.

Source: SDC 1939, § 12.2403; SL 2009, ch 206, § 115.
S.D. Codified Laws § 41-2-41 — SD Code / Title 41 / Chapter 2 / Section 41-2-41
State funds not to be expended--Landowner assumption of costs
Status: in_force

No funds belonging to the state may be expended to dispose of lands under §§ 41-2-39 to 41-2-46 , inclusive. All costs of disposal, including surveying, drafting of documents, preparation and filing of plats, transfer fees, recording fees, abstract or title insurance costs, and attorney's fees, shall be paid by the landowner.

Source: SL 1994, ch 326, § 3.
S.D. Codified Laws § 41-6-66.1 — SD Code / Title 41 / Chapter 6 / Section 41-6-66.1
Maximum amounts for issuing license--Violation as misdemeanor
Status: in_force

No more than four dollars, to be paid for by the licensee, may be charged for the issuing of any one game, fish, or trapping license by the various license agents. However, the maximum amount to be charged for issuing any nonresident small game or nonresident big game license may not exceed eight dollars. No more than two dollars, to be paid for by the licensee, may be charged for issuing any one park entrance or snowmobile permit. A violation of this section is a Class 2 misdemeanor.

Of the fees collected by the Department of Game, Fish and Parks pursuant to this section, one dollar for each resident game, fish, and trapping license and two dollars for each nonresident hunting license shall be deposited in the sportsmen's access and landowner depredation fund established pursuant to § 41-2-34.2 and shall be used for wildlife depredation and damage management programs and one dollar for each resident game, fish, and trapping license and two dollars for each nonresident hunting license shall be deposited in the animal damage control fund established pursuant to § 40-36-10 . The department shall provide a report to the Legislature each year concerning the use of the money deposited in the funds pursuant to this section.

Source: SL 1979, ch 281, § 2; SL 1988, ch 335; SL 1991, ch 337, § 37; SL 1992, ch 298; SL 1998, ch 257, § 1; SL 2017, ch 184, § 1.
S.D. Codified Laws § 41-6-70.1 — SD Code / Title 41 / Chapter 6 / Section 41-6-70.1
License fees--Portion for designated purposes
Status: in_force

A portion of the license fees collected by the Department of Game, Fish and Parks, in an amount equal to one million thirty - three thousand two hundred sixty - nine dollars and ten cents per year, shall be used only for the following purposes: administration of licensing services provided by the department; increased contribution to the animal damage control fund as provided in § 40-36-11 ; development of public access, other than fee - title purchase of land, for hunting and fishing; wildlife habitat improvements; management of wildlife damage; or to be credited toward a reduction of resident license fees. The Game, Fish and Parks Commission shall approve amounts allocated to the specific purposes identified in this section.

Source: SL 1999, ch 210, § 15; SL 2021, ch 186, § 3.
S.D. Codified Laws § 41-20A-9 — SD Code / Title 41 / Chapter 20A / Section 41-20A-9
Payments from fund
Status: in_force

Costs payable from the state fire suppression special revenue fund shall be paid by warrant of the state auditor on vouchers approved by the secretary of public safety.

Source: SL 2013, ch 196, § 28; SL 2021, ch 1 (Ex. Ord. 21-3), § 69, eff. Apr. 19, 2021.
S.D. Codified Laws § 41-12-9 — SD Code / Title 41 / Chapter 12 / Section 41-12-9
Nets, seines, and similar devices, weirs, dams, and artificial obstructions prohibited--Violation as misdemeanor--Permits for use of devices by private landowners
Status: in_force

It is a Class 1 misdemeanor for any person to possess or control, or to place, keep, or maintain in any of the public waters of this state any trammel or gill net, seine, or other similar device for capturing fish. It is a Class 1 misdemeanor for any person to take in any of the public waters of this state for any purpose whatever, any fish at any time by the erection of any weir, dam, or artificial obstruction or by the use of any trammel or gill net, trap, or similar device, or to place, keep, or maintain the same in any of the public waters of this state. The Department of Game, Fish and Parks may authorize private landowners to use specified devices to take minnows or control undesirable or overpopulated species of fish in their private waters.

Source: SDC 1939, § 25.0606 as enacted by SL 1961, ch 120, § 2; SL 1977, ch 190, § 582; SL 1982, ch 289, § 5; SL 2009, ch 206, § 62.
S.D. Codified Laws § 41-2-26 — SD Code / Title 41 / Chapter 2 / Section 41-2-26
Easements, leases, and permits on property controlled by department--Purposes for which granted
Status: in_force

The Department of Game, Fish and Parks may grant easements, leases, or permits on property that it owns or controls, for public utilities; for agricultural purposes; for electrical power or telephone lines; for towers for radio, television, or radar; for cabin sites; for concessions; and for the development, operation, or management of facilities to service the needs of the public.

Source: SDC Supp 1960, § 25.0106-1 (6) as added by SL 1961, ch 114; SL 1966, ch 68, § 1; SL 2009, ch 206, § 17.
S.D. Codified Laws § 41-17-13.2 — SD Code / Title 41 / Chapter 17 / Section 41-17-13.2
Exemptions from park license requirement
Status: in_force

A park license is not required:

(1) For any motor vehicle used on official business and owned or leased by the state or its political subdivisions or by the United States government;

(2) For commercial vehicles being used for the transportation of property or in the performance of services in the course of commerce;

(3) During a time of the year other than the park season as set by the Game, Fish and Parks Commission; or

(4) In Custer State Park, for motor vehicles engaged in through traffic using no park facilities other than traveling upon U.S. Highway 16A.

Source: SL 1969, ch 96, § 2; SDCL Supp, § 41-17-13.1 ; SL 1972, ch 228, § 2; SL 1985, ch 15, § 58; SL 1996, ch 255, § 3.
S.D. Codified Laws § 41-10-4.5 — SD Code / Title 41 / Chapter 10 / Section 41-10-4.5
Notice of application--Submission of opinion--Status as interested party--Notice of decision
Status: in_force

Upon receipt of a written application for a new shooting preserve operating permit, the department shall notify the public of the application by publishing notice of the time and manner in which interested persons may present data, opinions, or arguments in writing to the department on the application and the manner in which interested persons may request status as an interested party and request receipt of written notice of the decision of the department. The department shall publish the notice once at least twenty days prior to the time designated by the department in the published notice in at least three newspapers of general circulation in areas of the state likely to be affected by the proposed permit. No more than ten days after the time designated by the department in the published notice, the department shall provide and mail by certified mail, return receipt requested, written notice of its decision made in accordance with the requirements of § 41-10-7 to the applicant and to any person who submitted within the prescribed time and manner data, opinions, or arguments in writing to the department in opposition to issuance of the new operating permit and who requested the status as an interested party in accordance with this section and the published notice. The date that written notice of the decision is mailed to the applicant and to an interested person who requested the status of an interested party constitutes the respective date notice of application denial or approval has been provided as referenced in §§ 41-10-7.1 and 41-10-7.2 .

Source: SL 1995, ch 237; SL 2005, ch 226, § 4.
S.D. Codified Laws § 41-15-1 — SD Code / Title 41 / Chapter 15 / Section 41-15-1
Department to enforce game and fish laws
Status: in_force

The Department of Game, Fish and Parks shall enforce the laws of this state involving the protection and propagation of all game animals, game birds, fish, and harmless birds and animals.

Source: SDC 1939, § 25.0107.
S.D. Codified Laws § 41-2-35.1 — SD Code / Title 41 / Chapter 2 / Section 41-2-35.1
Informational budget--Review
Status: in_force

Notwithstanding any other provisions of law, all funds received by the Department of Game, Fish and Parks shall be set forth in an informational budget as described in § 4-7-7.2 and be annually reviewed by the Legislature. Nothing in this section affects department control over expenditures of any portion of dedicated revenues received by the department.

Source: SL 1979, ch 278, §§ 21, 22; SL 2009, ch 206, § 23.
S.D. Codified Laws § 41-2-16 — SD Code / Title 41 / Chapter 2 / Section 41-2-16
Duties assigned to departmental officers and employees
Status: in_force

The officers and employees authorized by this title and any other necessary employees or assistants shall perform such duties for the Department of Game, Fish and Parks as may be assigned to them by the department.

Source: SL 1945, ch 91, § 6; SDC Supp 1960, § 25.0107-1.
S.D. Codified Laws § 41-9-2 — SD Code / Title 41 / Chapter 9 / Section 41-9-2
Hunting prohibited in portions of fire protection district--Notice requirements--Violation as misdemeanor
Status: in_force

In that part of the Black Hills Fire Protection District lying south of Interstate Highway 90, no person may enter upon any private land with intent to take or kill any bird or animal, after being notified by the owner or lessee not to do so. Such notice may be given orally or by posting written or printed notices to that effect at the residence or where the buildings are located on the private land, at the gates or entering places to the private land, and in conspicuous places around the land posted.

A violation of this section is a Class 2 misdemeanor and is subject to § 41-9-8 .

Source: SDC 1939, § 25.0427; SL 1947, ch 112, § 1; SL 1949, ch 94; SL 1951, ch 121; SL 1953, ch 107; SL 1955, ch 83; SL 1964, ch 79; SL 1967, ch 86; SDCL § 41-9-3 ; SL 1968, ch 100; repealed SL 1973, ch 269, § 3; re-enacted SL 1974, ch 278, § 1; SL 1991, ch 337, § 64; SL 2011, ch 194, § 1.
S.D. Codified Laws § 41-20-15 — SD Code / Title 41 / Chapter 20 / Section 41-20-15
Promulgation of rules
Status: in_force

The secretary of agriculture and natural resources may promulgate rules pursuant to chapter 1-26 concerning:

(1) The establishment of a register of qualified professional foresters for the referral of timber sale assistance requests;

(2) Provisions for the removal of foresters from the register;

(3) Establishment of a forest insect and disease control area;

(4) Landowner notification of forest insect and disease infestation and timetable for control; and

(5) Provisions for reimbursing landowners for control costs.

Source: SL 2013, ch 196, § 6; SL 2021, ch 1 (Ex. Ord. 21-3 ), § 51, eff. Apr. 19, 2021.
S.D. Codified Laws § 41-6-23.1 — SD Code / Title 41 / Chapter 6 / Section 41-6-23.1
Reciprocal nonresident license to take fur-bearing animals
Status: in_force

No license to take fur-bearing animals may be issued to any nonresident unless the nonresident resides in a state that allows nonresidents of that state, including South Dakota residents, to take fur-bearing animals within that state.

Source: SL 2011, ch 191, § 1.
S.D. Codified Laws § 41-8-24 — SD Code / Title 41 / Chapter 8 / Section 41-8-24
Prohibited methods of hunting mink, muskrats and beavers--Violation as misdemeanor
Status: in_force

No person may hunt any mink or muskrat with the aid of any dog, or dig, disturb, or molest any mink den or beaver house for the purpose of capturing any of these animals. No person may use poison, gas, or smokers of any kind to kill, take, or capture mink, muskrats, or beavers. No person may shoot or spear muskrats at any time except under permit as provided in § 41-8-23 or except as provided in § 41-8-24.1 . Any violation of this section is a Class 2 misdemeanor.

Source: SDC 1939, § 25.0801; SL 1941, ch 121; SL 1947, ch 113; SL 1951, ch 125; SL 1955, ch 86; SL 1959, ch 122; SL 1959, ch 123; SL 1961, ch 122; SL 1977, ch 190, § 565; SL 2009, ch 206, § 54; SL 2012, ch 203, § 2.
S.D. Codified Laws § 41-15A-17 — SD Code / Title 41 / Chapter 15A / Section 41-15A-17
Board of compact administrators--Appointment of compact administrators--Alternate
Status: in_force

For the purposes of administering this chapter and compact and to serve as a governing body for the resolution of all matters relating to the operation of this compact, a board of compact administrators is established. The board is composed of one representative from each of the participating states to be known as the compact administrator. The compact administrator shall be appointed by the head of the licensing authority of each participating state and serves and is subject to removal in accordance with the laws of the state that the compact administrator represents. A compact administrator may provide for the discharge of duties and the performance of functions as a board member by an alternate. An alternate is not entitled to serve unless written notification of the identity of the alternate has been given to the board.

Source: SL 2004, ch 267, § 17.
S.D. Codified Laws § 41-15-10.1 — SD Code / Title 41 / Chapter 15 / Section 41-15-10.1
Law enforcement powers of conservation officers certified or appointed by law enforcement officers standards commission
Status: in_force

Any conservation officer, who is certified pursuant to §§ 23-3-39 to 23-3-45 , inclusive, or has been appointed on a temporary or probationary basis as permitted by § 23-3-41 , shall enforce every state statute:

(1) Which is a crime under Title 22;

(2) Which pertains to game, fish, parks, forestry, or boating;

(3) Which pertains to driving while intoxicated, reckless driving, or eluding an officer;

(4) Which is a crime under §§ 35-1-9.1 and 35-9-2 and occurs on property owned, managed, or leased by the Department of Game, Fish and Parks;

(5) Which is a crime under § 32-5-84.2 ;

(6) Which is a crime under § 32-20-6.6 ;

(7) Which is a crime under chapter 32-20A ; and

(8) Which is a crime under chapter 34A-7 .

While performing any duty pursuant to this section, a conservation officer is a law enforcement officer with the same authority as any other law enforcement officer.

Source: SL 1975, ch 264; SL 1982, ch 293; SL 1990, ch 336; SL 1995, ch 238; SL 1996, ch 193, § 2; SL 2001, ch 236, § 1.
S.D. Codified Laws § 41-17-24 — SD Code / Title 41 / Chapter 17 / Section 41-17-24
Failure to close gate in park or game preserve as misdemeanor
Status: in_force

It is a Class 2 misdemeanor for any person passing or driving any animal or conveyance through any gate located within or upon the borders of any state or federal park or game preserve within this state to fail to close and securely fasten such gate immediately after such passage.

Source: SDC Supp 1960, § 25.1317 as enacted by SL 1966, ch 73, § 2; SDCL, § 41-16-5; SL 1977, ch 190, § 607.
S.D. Codified Laws § 41-18-11 — SD Code / Title 41 / Chapter 18 / Section 41-18-11
Acquisition of park property--Payment from county general fund
Status: in_force

The board of county commissioners may acquire and condemn private property within the county for the uses and purposes of public parks and bodies of water in the county if and to the extent that the property is deemed necessary for such purposes. The board may pay for all property acquired and all property damaged, and the expense of creating bodies of water on the property, out of any money in the county general fund within the limitations fixed in § 41-18-12 .

Source: SDC 1939, § 12.2403; SL 2009, ch 206, § 111.
S.D. Codified Laws § 41-6-45.1 — SD Code / Title 41 / Chapter 6 / Section 41-6-45.1
Export bait dealer license--Privileges granted--Rules--Violation as misdemeanor
Status: in_force

It is a Class 1 misdemeanor for a person to transport bait or biological specimen animals from the state for resale without an export bait dealer license or in violation of the conditions of the license or the rules of the Game, Fish and Parks Commission.

The Department of Game, Fish and Parks may issue any person an export bait dealer license. The license permits the licensee to buy and possess bait and biological specimen animals within the state and transport the bait and biological specimen animals without the state for resale. The licensee shall comply with the rules adopted pursuant to § 41-2-18 by the Game, Fish and Parks Commission to protect and perpetuate the bait and biological specimen animal resources of the state.

Source: SL 1985, ch 324, § 5; SL 1988, ch 334, § 5; SL 1991, ch 337, § 36; SL 1992, ch 293, § 8.
S.D. Codified Laws § 41-13-9 — SD Code / Title 41 / Chapter 13 / Section 41-13-9
Sale and transportation of fish taken under commission program
Status: in_force

Fish taken under the provisions of §§ 41-13-5 to 41-13-7 , inclusive, may be sold and transported according to rules as adopted pursuant to § 41-2-18 by the Game, Fish and Parks Commission.

Source: SDC 1939, § 25.0607 as enacted by SL 1961, ch 120, § 2; SL 1984, ch 273, § 91.
S.D. Codified Laws § 41-6-5 — SD Code / Title 41 / Chapter 6 / Section 41-6-5
License not required to kill raccoons, skunks, fox, and badger doing damage
Status: in_force

Raccoon, skunk, fox, and badger may be killed by a property owner, lessee, or the property owner's or lessee's agent at any time without a license if the animal is doing damage around buildings or causing injury to livestock or poultry.

Source: SDC 1939, § 25.0308 (5); SL 1979, ch 277, § 2; SL 2009, ch 206, § 45.
S.D. Codified Laws § 41-2-29 — SD Code / Title 41 / Chapter 2 / Section 41-2-29
Sale of forest products or department lands--Disposition of proceeds
Status: in_force

The Department of Game, Fish and Parks may authorize sales of any and all forest products or of lands owned by the department. Proceeds from such sales shall become a part of the funds authorized for use of the Department of Game, Fish and Parks by this chapter.

Source: SL 1945, ch 91, § 5; SDC Supp 1960, § 25.0106-1 (3); SL 1966, ch 68, § 1; SL 1984, ch 276, § 4.
S.D. Codified Laws § 41-6-32 — SD Code / Title 41 / Chapter 6 / Section 41-6-32
Scientific collector's license--Privileges--Approval
Status: in_force

Persons who possess and are acting within the scope of a scientific collector's license are exempt from the other criminal sanctions in this title.

A scientific collector's license may be issued by the secretary of game, fish and parks to persons engaged in bona fide scientific research and shall authorize the licensee to take, possess, exchange, transport, and collect birds, nests, eggs, or wild animals in such manner and under such conditions as the secretary may prescribe for scientific purposes only.

A scientific collector's license must be approved by the Game, Fish and Parks Commission. The commission shall promulgate rules pursuant to chapter 1-26 setting the requirements for a scientific collector's license.

Source: SDC 1939, § 25.0302 (10); SL 1941, ch 105; SDC Supp 1960, § 25.0302 (9); SL 1966, ch 69, § 2; SL 1984, ch 29, § 5Z; SL 1991, ch 337, § 26.
S.D. Codified Laws § 41-9-5 — SD Code / Title 41 / Chapter 9 / Section 41-9-5
Damage to or destruction of posted notices as misdemeanor
Status: in_force

It is a Class 2 misdemeanor to remove, damage, mutilate, or destroy any notices legally posted pursuant to this chapter.

Source: SDC 1939, § 25.0428; SL 1967, ch 85, § 11; repealed SL 1973, ch 269, § 3; re - enacted SL 1974, ch 278, § 3; SL 1977, ch 190, § 572.
S.D. Codified Laws § 41-15A-22 — SD Code / Title 41 / Chapter 15A / Section 41-15A-22
Board authority to contract or accept services or personnel
Status: in_force

The board may contract with, or accept services or personnel from, any governmental or intergovernmental agency, individual, firm, or corporation, or any private nonprofit organization or institution.

Source: SL 2004, ch 267, § 22.
S.D. Codified Laws § 41-23-3 — SD Code / Title 41 / Chapter 23 / Section 41-23-3
Agreements for recreational use of nonmeandered lakes
Status: in_force

The department, on behalf of and in the name of the state, may negotiate with each landowner to acquire, by gift, grant, devise, purchase, lease, or license, recreational use of all or any portion of any nonmeandered lake overlying private property. Any agreement reached pursuant to this section, or any failure to reach an agreement, is not an appealable final action of the department.

Source: SL 2017 (SS), ch 1, § 3, eff. June 12, 2017.
S.D. Codified Laws § 41-10-14 — SD Code / Title 41 / Chapter 10 / Section 41-10-14
Shooting hours, fees, and limitations on game species
Status: in_force

Within the limits set by the commission, in rules promulgated pursuant to chapter 1-26 , the shooting preserve permittee may establish shooting hours and limitations and restrictions on the age, sex, number, and type of each game species that may be taken by each person. The permittee may establish the fees to be charged to the permittee's guests.

Source: SL 1963, ch 148, § 9; SL 2005, ch 226, § 7, eff. Mar. 9, 2005; SL 2011, ch 195, § 5.
S.D. Codified Laws § 41-6-21 — SD Code / Title 41 / Chapter 6 / Section 41-6-21
Limiting number of big game licenses--Preferences in eligibility--Application by ineligible person as misdemeanor
Status: in_force

The Game, Fish and Parks Commission may, by rules promulgated pursuant to § 41-2-18 , set the number of licenses issued for the hunting, taking, or killing of any big game animal during any season and establish who is eligible to apply for such licenses. Any person in the armed services of the United States who is absent from this state on active duty during the entire time for making application, and is otherwise qualified and a resident of South Dakota, may apply for and shall receive deer, turkey, and antelope licenses. In addition, any spouse and any minor dependent child of such a person in the armed services who are also absent from this state during the entire time for making application, and are otherwise qualified, may apply for and shall receive deer, turkey, and antelope licenses. In establishing eligibility, the commission may give preference to persons who actually operate or live as owner or tenant on agricultural, timber, or grazing lands situated within the areas opened to such big game hunting. It is a Class 2 misdemeanor for anyone to apply for such licenses except those persons whose eligibility has been established by statute or rule of the Game, Fish and Parks Commission.

Source: SDC 1939, § 25.0701 as added by SL 1949, ch 98; SL 1953, ch 111; SL 1959, ch 121; SL 1963, ch 140; SL 1967, ch 88; SL 1967, ch 89, § 1; SL 1974, ch 276; SL 1977, ch 190, § 551; SL 1984, ch 273, § 50; SL 1990, ch 334; SL 1991, ch 337, § 16; SL 2004, ch 263, § 1; SL 2006, ch 218, § 1.
S.D. Codified Laws § 41-20A-10 — SD Code / Title 41 / Chapter 20A / Section 41-20A-10
Assistance in protection of forestland, woodland, shelterbelt, and rangeland--Collection of costs
Status: in_force

The state wildland fire coordinator, with the sanction of the Department of Public Safety, may, upon request, assist and cooperate with any agency of the United States government; any ministry of a Canadian province; all state, county, and municipal agencies; any fire suppression organization; any person qualified by the state wildland fire coordinator; any person needed for an incident management team for the purposes of training and fire prevention or suppression; and with any corporation, association, partnership, or individual owning or controlling any forestland, woodland, shelterbelt, or rangeland in the protection of such forestland, woodland, shelterbelt, or rangeland, including:

(1) Creation and administration of fire protection districts;

(2) Disposal of slash, debris from logging operations, and other fire and insect hazards; and

(3) Assistance to the state wildland fire coordinator in the prevention and suppression of fires.

After providing assistance in the suppression of fires pursuant to subdivision (3) of this section, the state wildland fire coordinator may collect fire suppression and extinguishment costs pursuant to this chapter if the costs were initially incurred by the coordinator or if the secretary of public safety has repaid any of the governmental agencies or persons described by this section for goods or services used in fire suppression efforts directed by the coordinator.

Source: SL 2013, ch 196, § 29; SL 2015, ch 203, § 25; SL 2016, ch 182, § 2; SL 2021, ch 1 (Ex. Ord. 21-3), § 69, eff. Apr. 19, 2021.
S.D. Codified Laws § 41-17-14.1 — SD Code / Title 41 / Chapter 17 / Section 41-17-14.1
Camping permits--Issuance--Use of fees
Status: in_force

The Department of Game, Fish and Parks may issue permits for camping in the state park system. The camping permits shall be issued according to rules adopted pursuant to § 41-17-1.1 . Fees collected for camping permits shall be deposited in the parks and recreation fund established by § 41-17-21 . The funds shall be used for development, capital improvement, operating, and maintaining the state park system as defined in § 41-17-1.1 . No portion of the moneys raised by these fees may be used to purchase land for park sites.

Source: SL 1977, ch 334; SL 1984, ch 273, § 6; SL 2004, ch 334, § 11.
S.D. Codified Laws § 41-8-40 — SD Code / Title 41 / Chapter 8 / Section 41-8-40
Hunting on boundary waters in violation of laws of adjoining state as misdemeanor--Agreements for reciprocal recognition of licenses and enforcement
Status: in_force

The taking of game, including any game bird or any game animal of any kind in any river, lake, or waters forming the boundary line between this and any other state, at any time or in any manner prohibited by the laws of any such adjoining state, is a Class 2 misdemeanor. The Department of Game, Fish and Parks may enter into agreements with the appropriate agencies of bordering states for the purpose of providing for reciprocal recognition of licenses and permits and reciprocal enforcement of regulations pertaining to hunting, fishing, boating, and trapping on the boundary waters and contiguous lands of the states.

Source: SDC 1939, § 25.0423; SL 1945, ch 97; SL 1967, ch 85, § 9; SL 1977, ch 190, § 570; SL 1996, ch 251.
S.D. Codified Laws § 41-1-1.4 — SD Code / Title 41 / Chapter 1 / Section 41-1-1.4
Definition of nontrophy animals
Status: in_force

For purposes of this chapter, any antelope, mule deer, white-tailed deer, or elk not defined as a trophy is considered nontrophy.

Source: SL 2010, ch 206, § 2.
S.D. Codified Laws § 41-23-5 — SD Code / Title 41 / Chapter 23 / Section 41-23-5
Markers identifying area of nonmeandered lake not open to public recreational use without permission or agreement
Status: in_force

Any nonmeandered lake overlying private property is open to recreational use without permission of any owner of the private property underlying the nonmeandered lake unless the owner of the private property installs conspicuous markers, which may consist of signs or buoys, to identify the area of the nonmeandered lake that is not open to public recreational use without permission or agreement as provided under this chapter.

Source: SL 2017 (SS), ch 1, § 5, eff. June 12, 2017.
S.D. Codified Laws § 41-8-21 — SD Code / Title 41 / Chapter 8 / Section 41-8-21
Possession of raw furs after close of season--Furs checked with conservation officer--Violation as misdemeanor
Status: in_force

The raw furs of animals hunted, caught, taken, trapped, or killed pursuant to § 41-8-20 may be had in possession after the close of any season prescribed by § 41-8-20 if they have been checked with a conservation officer within ten days after the close of the season. A violation of this section is a Class 2 misdemeanor.

Source: SDC 1939, § 25.0801; SL 1941, ch 121; SL 1947, ch 113; SL 1951, ch 125; SL 1955, ch 86; SL 1959, ch 122; SL 1959, ch 123; SL 1961, ch 122; SL 1991, ch 337, § 51.
S.D. Codified Laws § 41-13A-1 — SD Code / Title 41 / Chapter 13A / Section 41-13A-1
Definitions
Status: in_force

(1) "Aquatic invasive species," an aquatic species that is not native to the state, including the seeds, eggs, spores, or larvae of the species, or other biological material capable of propagation, and whose presence within the state may cause economic or environmental harm;

(2) "Conveyance," a motorized or nonmotorized boat and associated equipment that may come in contact with water or that is able to transport water. A conveyance includes any trailer, engine, motor, live well, ballast tank, bilge area, anchor, and any other item that may come in contact with water or is able to transport water that could harbor an aquatic invasive species;

(3) "Decontamination," a process used to kill, destroy, or remove aquatic invasive species and other organic material that may be present in or on a conveyance;

(4) "Inspection," a visual and tactile examination of a conveyance to determine whether it may harbor any organisms or other organic material that could present a risk of spreading an aquatic invasive species;

(5) "Waters," all waters within the jurisdiction of the state used for recreational boating, including rivers, streams, and natural or manmade lakes, ponds, and reservoirs.

Source: SL 2020, ch 181, § 1, eff. Feb. 26, 2020.
S.D. Codified Laws § 41-2-27 — SD Code / Title 41 / Chapter 2 / Section 41-2-27
Publicity and advertising activities
Status: in_force

The Department of Game, Fish and Parks shall publicize the game and fish, scenic, recreational, park, health, natural, and other resources of this state in such manner as the department deems most effective to attract tourists and others to this state. The department shall cooperate with any other agency, department, or public corporation of this state for such purpose.

Source: SL 1945, ch 91, § 5; SDC Supp 1960, § 25.0106-1 (4); SL 2009, ch 206, § 18.
S.D. Codified Laws § 41-15A-33 — SD Code / Title 41 / Chapter 15A / Section 41-15A-33
Commission authorized to adopt amendments
Status: in_force

The South Dakota Department of Game, Fish and Parks Commission is authorized to adopt amendments to the interstate wildlife violator compact pursuant to the terms of sections §§ 41-15A-30 , 41-15A-31 , and 41-15A-32 .

Source: SL 2004, ch 267, § 33.
S.D. Codified Laws § 41-2-5 — SD Code / Title 41 / Chapter 2 / Section 41-2-5
Removal of commissioner from office--Procedure
Status: in_force

The Governor may remove a game, fish and parks commissioner for inefficiency, neglect of duty, or misconduct in office after giving the commissioner a copy of the charges against the commissioner and opportunity to be heard publicly in person or by counsel in his or her own defense, upon not less than ten days' notice. If the commissioner is removed, the Governor shall file in the Office of the Secretary of State a complete statement of all charges made against the commissioner and his or her findings on the charges, together with a complete record of the proceedings.

Source: SDC 1939, § 25.0103; SL 2009, ch 206, § 8.
S.D. Codified Laws § 41-11-8 — SD Code / Title 41 / Chapter 11 / Section 41-11-8
Sale of parts of protected bird prohibited--Exceptions--Violation as misdemeanor
Status: in_force

No part of the plumage, skin, or body of any bird protected by law may be sold or had in possession for sale, irrespective of whether such bird was captured or killed within or without the state, except that the plumage or skin of the Chinese pheasant, sharptail grouse, Hungarian partridge, and prairie chicken legally taken may be sold or had in possession for sale. A violation of this section is a Class 2 misdemeanor.

Source: SDC 1939, § 25.0402; SL 1945, ch 96; SL 1967, ch 85, § 1; SL 1969, ch 100; SL 1982, ch 291, § 1; SL 1991, ch 337, § 75.
S.D. Codified Laws § 41-13A-2 — SD Code / Title 41 / Chapter 13A / Section 41-13A-2
Aquatic invasive species--Prohibitions--Violation as misdemeanor
Status: in_force

No person may possess, import, ship, or transport within this state any aquatic invasive species unless authorized by the commission in rules promulgated under § 41-2-18 .

A violation of this section is a Class 2 misdemeanor. A second or subsequent violation of this section within one year is a Class 1 misdemeanor.

Source: SL 2020, ch 181, § 2, eff. Feb. 26, 2020; SL 2021, ch 186, § 4.
S.D. Codified Laws § 41-10-10 — SD Code / Title 41 / Chapter 10 / Section 41-10-10
Marking of game released--Unmarked game deemed wild
Status: in_force

All game released on a shooting preserve shall be marked as prescribed by the Game, Fish and Parks Commission. All game not marked as prescribed is deemed wild game.

Source: SL 1963, ch 148, § 6; SL 2009, ch 206, § 59.
S.D. Codified Laws § 41-18-6 — SD Code / Title 41 / Chapter 18 / Section 41-18-6
Bond issue for county park or body of water authorized--Issuance--Sale--Election
Status: in_force

If the county commissioners deem it necessary or desirable that the county borrow money for this purpose, the county may issue its bonds to purchase the lands for a park and create bodies of water and improve them. All bonds shall be authorized, issued, and sold as provided in chapter 6-8B and § 9-54-12 , if a majority of all registered voters voting at the bond election authorize the bond issue.

Source: SDC 1939, § 12.2405; SL 1984, ch 43, § 119.
S.D. Codified Laws § 41-10-7.2 — SD Code / Title 41 / Chapter 10 / Section 41-10-7.2
Contested case hearing upon grant of new shooting preserve operating permit--Request
Status: in_force

If an applicant is granted a new shooting preserve operating permit by the department, any interested person who has requested the status of an interested party and who has presented data, opinion, or arguments in writing to the department pursuant to the requirements in § 41-10-4.5 may make a written request to the department for a contested case hearing before the commission pursuant to chapter 1-26 . The written request shall be mailed to the department and the applicant by certified mail, return receipt requested, on or before ten days have elapsed from the date that the notice of application approval has been provided to the interested party.

Source: SL 2005, ch 226, § 10.
S.D. Codified Laws § 41-6-10.2 — SD Code / Title 41 / Chapter 6 / Section 41-6-10.2
Certain disabled residents and residents held as prisoners of war eligible for reduced license fees
Status: in_force

Any resident who meets the requirements of this section may apply to the licensing office of the Department of Game, Fish and Parks in Pierre and receive a resident small game license and a resident fishing license upon payment of a reduced fee to be established by the Game, Fish and Parks Commission in rules promulgated pursuant to chapter 1-26 . A resident is eligible for the reduced fee if the resident:

(1) Receives a veterans allotment for a forty percent or more disability which is deemed a service-connected injury or has received the United States Veterans' Administration K Award;

(2) Has served on active duty in the armed forces of the United States or has served as a member of the armed forces reserve or national guard, and the resident is forty percent or more disabled for the purposes of receiving social security benefits;

(3) Was held as a prisoner of war; or

(4) Has a total disability as defined by rules promulgated by the Game, Fish and Parks Commission.

The resident small game license and the resident fishing license are valid for a period of four calendar years if the licensee remains a resident of the state. A veteran may provide proof at the time of application of receipt of such an allotment, social security disability benefits, or award. Any other applicant shall provide proof of any disability on a form provided by the Department of Game, Fish and Parks.

Source: SL 1986, ch 348; SL 1989, ch 30, § 68; SL 1990, ch 333; SL 1991, ch 338; SL 1993, ch 309, § 1; SL 1994, ch 322; SL 1998, ch 252, § 7; SL 1999, ch 211, § 1; SL 2004, ch 262, § 1; SL 2016, ch 208, § 1.
S.D. Codified Laws § 41-6-72 — SD Code / Title 41 / Chapter 6 / Section 41-6-72
Expiration of licenses
Status: in_force

Licenses issued under this title are valid for the license year as provided by the applicable license and rules promulgated by the Game, Fish and Parks Commission in accordance with chapter 1-26 . Waterfowl hunting licenses expire at the end of the last day of the hunting season for which the license was issued.

Source: SDC 1939, § 25.0302 as added by SL 1961, ch 116, § 2; SL 2000, ch 205, § 4; SL 2002, ch 193, § 3.
S.D. Codified Laws § 41-14-15 — SD Code / Title 41 / Chapter 14 / Section 41-14-15
Licensee authorized to transport big game
Status: in_force

Any person to whom there has been issued a license to hunt big game may carry, ship, or transport any big game animal or part of any big game animal lawfully possessed by the person upon the conditions set forth in §§ 41-14-16 and 41-14-17 .

Source: SDC 1939, § 25.0707; SL 1941, ch 120; SL 1961, ch 121, § 2; SL 2009, ch 206, § 74.
S.D. Codified Laws § 41-2-45 — SD Code / Title 41 / Chapter 2 / Section 41-2-45
Conveyance by quitclaim deed--Execution
Status: in_force

If the determinations required by § 41-2-44 are made, and if all other conditions of §§ 41-2-39 to 41-2-46 , inclusive, are met, the Department of Game, Fish and Parks and the Game, Fish and Parks Commission shall, by resolution, request that the Governor and the commissioner of school and public lands convey the affected lands to the surrounding landowner. The conveyance shall be by quitclaim deed, but otherwise shall be executed in the manner provided in § 5-2-11 .

Source: SL 1994, ch 326, § 8.
S.D. Codified Laws § 41-6-10.1 — SD Code / Title 41 / Chapter 6 / Section 41-6-10.1
Combination licenses--Issuance
Status: in_force

The Department of Game, Fish and Parks may issue combination licenses comprised of those licenses authorized pursuant to this chapter. The fee for this combination license may be less than the sum of the fees charged for the component licenses if issued separately.

Source: SL 1979, ch 276, §§ 1, 2; SL 1984, ch 273, § 46; SL 1988, ch 332.
S.D. Codified Laws § 41-10-7 — SD Code / Title 41 / Chapter 10 / Section 41-10-7
Issuance of permit--Criteria established--Effective date of certain provisions
Status: in_force

If the department is satisfied that all of the following criteria have been established by the applicant:

(1) The applicant for a shooting preserve operating permit proposes to comply with all of the provisions of this chapter and the commission rules promulgated pursuant to this chapter;

(2) The applicant is financially able to provide the necessary facilities and services to operate a shooting preserve;

(3) The preserve shall be open to the general public without restrictions as to race, color, or creed;

(4) The operation will not work a fraud upon persons who are permitted to hunt thereon;

(5) The operation is not designed to circumvent game laws and regulations;

(6) The issuance of the permit will be in the public interest;

(7) The applicant is a resident of the state or, if a business entity, is organized or operating under the laws of the State of South Dakota pursuant to a certificate issued by the Office of the Secretary of State;

(8) The applicant does not operate or own any interest in more than one shooting preserve comprised of a contiguous tract of land of more than one thousand two hundred eighty acres nor more than two shooting preserves each of which are comprised of a contiguous tract of land of one thousand two hundred eighty acres or less; and

(9) The preserve for which an operating permit is requested is at least one mile from any game production area or other publicly owned shooting area, or if located within one mile of such areas, the preserve would not take unfair advantage of wildlife habitat developments or wildlife population existing on those areas, or would not otherwise be detrimental to the public interest;

Source: SL 1963, ch 148, § 5; SL 1986, ch 356, § 2; SL 1989, ch 357, § 1; SL 1991, ch 342; SL 1996, ch 253; SL 2005, ch 226, § 6, eff. Mar. 9, 2005; SL 2011, ch 195, § 2.
S.D. Codified Laws § 41-6-29.2 — SD Code / Title 41 / Chapter 6 / Section 41-6-29.2
Killing of mountain lion permitted under certain circumstances--Notification of conservation officer
Status: in_force

Any person, licensed or unlicensed, may kill a mountain lion if reasonably necessary to protect the life of that person or some other person. Any person, licensed or unlicensed, who owns or cares for livestock or pets, may kill any mountain lion posing an imminent threat to such person's livestock or pets. If any mountain lion is killed pursuant to this section, the person who killed the mountain lion shall notify a conservation officer within twenty-four hours of killing the mountain lion.

Source: SL 2009, ch 208, § 1.
S.D. Codified Laws § 41-15A-21 — SD Code / Title 41 / Chapter 15A / Section 41-15A-21
Donations and grants--Acceptance, use, and disposal
Status: in_force

The board may accept for any of its purposes and functions under this compact any and all donations and grants of money, equipment, supplies, materials, and services, conditional or otherwise, from any state, the United States, or any governmental agency, and receive, utilize, and dispose of the same.

Source: SL 2004, ch 267, § 21.
S.D. Codified Laws § 41-13A-4 — SD Code / Title 41 / Chapter 13A / Section 41-13A-4
Conveyance removal--Requirements--Violation as misdemeanor
Status: in_force

Any person removing a conveyance from waters shall, to the extent possible, do the following:

(1) Clean the conveyance by removing all visible organic material, including plants, animals, and mud;

(2) Drain the conveyance by removing any plug or other barrier that prevents water drainage and running any pumps on board to expunge water; and

(3) Comply with any other requirements and protocols for the cleaning, draining, and drying of a conveyance established by the commission in rules promulgated under § 41-2-18 .

Failure to comply with the provisions of this section is a Class 2 misdemeanor. A second or subsequent violation of this section within one year is a Class 1 misdemeanor.

Source: SL 2020, ch 181, § 4, eff. Feb. 26, 2020; SL 2021, ch 186, § 6.
S.D. Codified Laws § 41-14-22 — SD Code / Title 41 / Chapter 14 / Section 41-14-22
Storage and shipment of raw furs permitted during closed season to licensed dealers
Status: in_force

Any licensed fur dealer may hold and store raw furs during closed season, and the agent of any common carrier may accept such furs for shipment at any time upon evidence that the consignor is duly licensed under the provisions of this title.

Source: SDC 1939, § 25.0805; SL 2009, ch 206, § 78.
S.D. Codified Laws § 41-9-1.1 — SD Code / Title 41 / Chapter 9 / Section 41-9-1.1
Certain highways and public rights-of-way excepted from restrictions--Discharging firearms, hunting, and trapping within certain distance from building or livestock prohibited--Violation as misdemeanor--Revocation of hunting privileges
Status: in_force

Except for controlled access facilities as defined in § 31-8-1 , interstate highways, unimproved section lines not commonly used as public rights-of-way, and highways within parks or recreation areas or within or adjoining public shooting areas or game refuges posted for restriction of an applicable use as hereinafter set forth by the Department of Game, Fish and Parks, § 41-9-1 does not apply to fishing, trapping, or hunting on highways or other public rights-of-way within this state that meet the requirements of § 41-9-1.3 . For purposes of this section, hunting on highways or other public rights-of-way includes:

(1) The shooting at or taking by legal methods of small game, except mourning dove, that are located within the boundaries of the highway or public right-of-way; and

(2) The shooting at or taking by legal methods of small game, except mourning dove, that are in flight over private land if the small game has either originated from or has taken flight from the highway or public right-of-way or if the small game is in the process of flying over the highway or public right-of-way.

Only the owner of the occupied dwelling, church, or schoolhouse; the owner of livestock; or a person who has written permission from the owner of the occupied dwelling, church, or schoolhouse, or the owner of the livestock may use such highways or rights-of-way for the purposes of discharging any firearm or for the purposes of hunting defined in this title within a six hundred sixty-foot safety zone surrounding an occupied dwelling, a church, schoolhouse, or livestock. No other person may discharge a firearm at small game within the safety zone. No person, except the adjoining landowner or any person receiving written permission from the adjoining landowner, may use such highways or rights-of-way for the purpose of trapping within six hundred sixty feet of an occupied dwelling, church, or schoolhouse. A violation of this section is a Class 2 misdemeanor. If any person is convicted of knowingly discharging a firearm within six hundred sixty feet of any occupied dwelling, church, or schoolhouse for which that distance has been clearly and accurately marked and posted, the court shall, in addition to any other penalty, revoke the person's hunting privileges for a period of one year from the date of conviction. The sentencing court may order the revocation of hunting privileges authorized by this section to be served consecutively with any other revocation of the person's hunting privileges imposed for a violation for which the person is convicted and for which revocation of the privileges is authorized under this title.

Source: SDC 1939, § 25.0427 as enacted by SL 1947, ch 112, § 1; SL 1949, ch 94; SL 1951, ch 121; SL 1953, ch 107; SL 1955, ch 83; SL 1964, ch 79; SL 1967, ch 86; SDCL § 41-9-1 ; SL 1968, ch 100; SL 1972, ch 225; SL 1973, ch 269, § 2; SL 1981, ch 299, § 1; SL 1988, ch 337; SL 1992, ch 293, § 13; SL 1996, ch 252, § 1; SL 2003, ch 225, § 1; SL 2009, ch 209, § 3; SL 2014, ch 203, § 1; SL 2016, ch 210, § 1.
S.D. Codified Laws § 41-14-1 — SD Code / Title 41 / Chapter 14 / Section 41-14-1
Possession of unlawfully taken or imported bird, animal, or fish as misdemeanor
Status: in_force

It is a Class 2 misdemeanor for any person to possess or control any bird, animal, or fish, or any part of any bird, animal, or fish, that has been unlawfully taken, caught, or killed in this or any other state or foreign country, or that has been unlawfully transported into this state.

It is a Class 1 misdemeanor for any person to possess or control any big game animal, or any part of any big game animal, that has been unlawfully taken, caught, or killed in any other state or foreign country, or that has been unlawfully transported into this state.

Source: SDC 1939, § 25.0415; SL 1977, ch 190, § 592; SL 1991, ch 337, § 80; SL 2009, ch 206, § 69.
S.D. Codified Laws § 41-23-12 — SD Code / Title 41 / Chapter 23 / Section 41-23-12
Promulgation of rules regarding marker standards
Status: in_force

The commission shall promulgate rules, pursuant to chapter 1-26 , to specify standards for the markers described in § 41-23-5 after weighing the cost and burden of compliance by the owner of private property against the visibility of the markers to the public.

Source: SL 2017 (SS), ch 1, § 12, eff. June 12, 2017.
S.D. Codified Laws § 41-18-10 — SD Code / Title 41 / Chapter 18 / Section 41-18-10
Bond proceeds deposited in park fund--Warrants for disbursements
Status: in_force

If bonds of the county are issued for the purpose of acquiring or improving a public park and creating bodies of water in the park, the proceeds of the bonds shall be deposited with the county treasurer in a fund to be designated as a county park fund and shall be paid out only upon warrants of the county auditor on the fund issued under the orders of the board of county commissioners.

Source: SDC 1939, § 12.2407; SL 2009, ch 206, § 110.
S.D. Codified Laws § 41-8-39 — SD Code / Title 41 / Chapter 8 / Section 41-8-39
Use of aircraft in hunting prohibited--Exception--Violation as misdemeanor
Status: in_force

It is a Class 1 misdemeanor for any person to:

(1) Kill or attempt to kill any wild bird or animal from an aircraft, except as otherwise provided for in § 41-8-39.1 ; or

(2) Use an aircraft for the purpose of hunting, taking, concentrating, driving, rallying, stirring up, locating, or spotting any wild bird or animal, except that the prohibition in this subdivision does not apply to a person who uses a drone for the purpose of locating or spotting a predator or varmint, if:

(a) The activity occurs only on or over land that is privately owned;

(b) The person operating the drone is the landowner or has permission from the landowner or a lessee;

(c) The activity does not occur during the months of September, October, or November; and

(d) The operation of the drone is in full compliance with all applicable Federal Aviation Administration regulations.

Source: SDC 1939, §§ 25.0426, 25.9907; SL 1964, ch 78, §§ 1, 2; SL 1967, ch 85, § 10; SL 1973, ch 268, § 1; SL 1977, ch 190, § 569; SL 1997, ch 235, § 2; SL 2019, ch 187, § 1; SL 2020, ch 187, § 1.
S.D. Codified Laws § 41-8-7 — SD Code / Title 41 / Chapter 8 / Section 41-8-7
Each violation of big game hunting restrictions as separate offense
Status: in_force

Each act of pursuing, hunting, or killing any big game animal without a license is a distinct and separate offense; and every act of pursuing, hunting, or killing of any big game animal during the closed season is a distinct and separate offense.

Source: SDC 1939, § 25.0706; SL 1967, ch 89, § 5; SL 2009, ch 206, § 52.
S.D. Codified Laws § 41-1-4 — SD Code / Title 41 / Chapter 1 / Section 41-1-4
Wanton waste or destruction of protected birds, animals and fish prohibited--Violation as misdemeanor
Status: in_force

No person may wantonly waste or destroy any of the birds, animals, or fish of the kinds protected by the laws of this state. A violation of this section is a Class 2 misdemeanor.

Source: SDC 1939, § 25.0417; SL 1992, ch 293, § 1.
S.D. Codified Laws § 41-6-39 — SD Code / Title 41 / Chapter 6 / Section 41-6-39
Private fish hatchery license--Privileges granted--Violation as misdemeanor
Status: in_force

It is a Class 2 misdemeanor for a person to maintain, operate, or sell fish from a fish hatchery without a private fish hatchery license or in violation of the conditions of the license or the rules of the Game, Fish and Parks Commission.

A private fish hatchery license may be issued by the Department of Game, Fish and Parks to maintain and operate a fish hatchery. Fish propagated at such hatchery or any other licensed hatchery may be sold by written permission of the department.

Source: SDC 1939, § 25.0302 (13); SL 1941, ch 105; SL 1957, ch 101; SL 1959, ch 111; SDC Supp 1960, § 25.0302 (12); SL 1984, ch 273, § 59; SL 1991, ch 337, § 32.
S.D. Codified Laws § 41-20A-1 — SD Code / Title 41 / Chapter 20A / Section 41-20A-1
Division of Wildland Fire
Status: in_force

There is hereby created within the Department of Public Safety a Division of Wildland Fire. The division is responsible for prevention, fire suppression, fuels mitigation and reduction, education, and training of homeowners, the public, and firefighters, along with other duties or responsibilities as may be necessary to fulfill the purpose of this chapter.

Source: SL 2013, ch 196, § 20; SL 2021, ch 1 (Ex. Ord. 21-3), § 69, eff. Apr. 19, 2021.
S.D. Codified Laws § 41-6-63 — SD Code / Title 41 / Chapter 6 / Section 41-6-63
Exhibition of license on request--Violation as misdemeanor
Status: in_force

A licensee shall exhibit the licensee's license or other form of license authorization issued by the Department of Game, Fish and Parks pursuant to Titles 41 and 42 upon request by a conservation officer or other law enforcement officer. A licensee who is sixteen years of age or older who holds the other form of license authorization, shall exhibit and provide for inspection a driver's license, a state-issued identification card, or another form of valid identification for the purpose of verifying the identity of the licensee. Failure to exhibit the licensee's license or other form of license authorization required by this section is a Class 2 misdemeanor.

Source: SDC 1939, § 25.0314; SL 1984, ch 273, § 68; SL 2001, ch 232, § 1; SL 2015, ch 211, § 1.
S.D. Codified Laws § 41-2-38 — SD Code / Title 41 / Chapter 2 / Section 41-2-38
Department to manage certain property transferred to state for fish and wildlife purposes or recreation uses--Promulgation of rules
Status: in_force

The State of South Dakota accepts from the United States ownership of property pursuant to and as described in Title VI of the Water Resources Development Act of 1999, Public Law 106-53 consisting of property, land, improvements, and recreation areas to be utilized for fish, wildlife, park, and all other recreational uses and purposes. Upon transfer of ownership or interim acquisition of the property by lease or agreement, the Department of Game, Fish and Parks may manage, control, and improve the property on behalf of the state. The Game, Fish and Parks Commission may promulgate rules pursuant to chapter 1-26 to designate areas within the property as a state recreation area, a state nature area, a state lakeside use area, a state recreational trail, a public shooting area, a game production area, a wildlife refuge, a lake and fishing access use area, or a controlled hunting area. Management of the property includes the power to lease any of the property acquired in this section for any agricultural, recreational, or other purposes authorized by law. Any other statutory authority of the commission to promulgate rules shall apply to the property subject to the Water Resource Development Act.

Source: SL 2000, ch 204, § 1.
S.D. Codified Laws § 41-14-16 — SD Code / Title 41 / Chapter 14 / Section 41-14-16
Tag required for big game transport--Common carrier
Status: in_force

If any big game is transported by a common carrier, to a point within or outside of this state, the animal must be legally tagged, as required by rules promulgated pursuant to chapter 1-26 by the Department of Game, Fish and Parks. No person may have in possession or as common carrier any big game animal without being legally tagged. No big game animal may be offered for shipment, shipped, or received for shipment by transportation companies unless legally tagged. The provisions of this section do not apply to any nondomestic animal regulated pursuant to § 40-3-26 , as long as the animals are accompanied by a bill of sale or other proof of ownership.

Source: SDC 1939, § 25.0707 (2); SL 1941, ch 120; SDC Supp 1960, § 25.0707 (1); SL 1961, ch 121, § 2; SL 1967, ch 89, § 6; SL 1968, ch 102, § 2; SL 1983, ch 288, § 3; SL 1993, ch 311, § 7; SL 2021, ch 187, § 2.
S.D. Codified Laws § 41-9-1.6 — SD Code / Title 41 / Chapter 9 / Section 41-9-1.6
Penalty for endangerment of other while hunting on right-of-way
Status: in_force

Any person who, while hunting a road right - of - way, negligently endangers another person, or puts that person in fear of imminent serious bodily harm, is guilty of a Class 1 misdemeanor.

Source: SL 2003, ch 225, § 3.
S.D. Codified Laws § 41-15A-8 — SD Code / Title 41 / Chapter 15A / Section 41-15A-8
Issuing state to transmit information on noncompliance to violator's home state--Form and content
Status: in_force

Upon receipt of the report of noncompliance pursuant to § 41-15A-7 , the licensing authority of the issuing state shall transmit to the licensing authority of the violator's home state information related to the failure of the violator to comply with the terms of a citation in the form and content as prescribed in the compact manual.

Source: SL 2004, ch 267, § 8.
S.D. Codified Laws § 41-1-5.2 — SD Code / Title 41 / Chapter 1 / Section 41-1-5.2
Civil action for recovery of damages for unlawful killing or taking of animals--Effect of criminal conviction or acquittal--Deposit of damages and costs--Collection of judgments--Collection fees
Status: in_force

The liquidated damages provided for in this chapter and taxable costs may be collected by the Department of Game, Fish and Parks in a civil suit brought by it, in the name of the State of South Dakota, against the person claimed to be liable therefor. Conviction of a criminal offense for the same incident leading to the charges specified in § 41-1-5.1 is prima facie evidence of the defendant's civil liability. Failure to obtain conviction on a criminal charge is not a bar to a separate civil action for such liquidated damages.

The department, collecting such liquidated damages and taxable costs for wild animals other than trophy antelope, trophy mule deer, trophy white-tailed deer, and trophy elk as defined in § 41-1-1.3 , shall deposit them in the Department of Game, Fish and Parks fund. Any other public agency or department of the state, collecting liquidated damages and taxable costs for wild animals other than trophy antelope, trophy mule deer, trophy white-tailed deer, and trophy elk as defined by § 41-1-1.3 , shall remit the moneys collected, less the agreed collection fee, to the state treasurer who shall deposit them in the Department of Game, Fish and Parks fund.

From the civil damages collected for each trophy antelope, trophy mule deer, trophy white-tailed deer, and trophy elk as defined in § 41-1-1.3 , an amount equal to the liquidated damages for a nontrophy antelope, nontrophy mule deer, nontrophy white-tailed deer, or nontrophy elk as defined in § 41-1-1.4 , as the case may be, shall be deposited in the Game, Fish and Parks fund with the excess to be deposited in the general fund of the school district in which the trophy animal was illegally taken.

The judgment and liquidated damages may be collected by an agent. Fees to agents authorized to collect on a judgment under this section may not exceed fifty percent of the total amount collected. With approval of the department, agreed collection fees may be deducted from the moneys collected when remitted or may be paid on warrants drawn by the state auditor on itemized vouchers approved by the secretary of game, fish and parks and submitted simultaneously with the moneys collected.

Source: SL 1969, ch 104; SL 1976, ch 255; SL 1989, ch 351, § 1; SL 1989, ch 352, § 1; SL 1991, ch 337, § 2; SL 1996, ch 5, § 3; SL 1997, ch 235, § 4; SL 2001, ch 227, § 2; SL 2010, ch 206, § 4.
S.D. Codified Laws § 41-6-19.8 — SD Code / Title 41 / Chapter 6 / Section 41-6-19.8
Antlerless deer licenses--Restrictions--Residents and nonresidents
Status: in_force

In addition to any deer license authorized in accordance with § 41-6-19.3 or any other law, in areas designated by the commission, a resident who owns and operates or leases and operates, for agricultural purposes, at least one hundred sixty acres of land may apply for and receive two antlerless deer licenses, free of charge, for use as provided in this section, during the west river deer season, the east river deer season, or any other deer season set by the commission pursuant to § 41-2-18 .

In addition to any deer license authorized in accordance with § 41-6-19.4 or any other law, in areas designated by the commission, a nonresident who owns and operates, for agricultural purposes, at least six hundred forty contiguous acres of land west of the Missouri River or one hundred sixty contiguous acres east of the Missouri River, may apply for and receive two antlerless deer licenses, free of charge, for use as provided in this section, during the west river deer season, the east river deer season, or any other deer season set by the commission pursuant to § 41-2-18 .

The six-dollar surcharge established pursuant to § 41-2-34.2 does not apply to the licenses provided for in this section.

The licenses may only be used in areas designated by the department on lands owned by the nonresident, within any unit, for the specified hunting season.

No more than two such licenses may be issued for use on any single farm or ranch.

Upon receipt of an application that is prescribed by the department and that meets the requirements of this section, the department shall issue two antlerless deer licenses that restrict the holder to the taking of the big game animals, as designated on the license.

Resident license holders may take big game only from land owned or leased by the holder.

Nonresident license holders may take big game only from land owned by the holder.

Source: SL 2010, ch 209, § 1; SL 2020, ch 183, § 3; SL 2021, ch 185, § 3.
S.D. Codified Laws § 41-6-61 — SD Code / Title 41 / Chapter 6 / Section 41-6-61
Licenses to be issued by secretary--Discretionary licenses
Status: in_force

Licenses under §§ 41-6-25 to 41-6-28 , inclusive, under §§ 41-6-31 to 41-6-33 , inclusive, and under §§ 41-6-38 to 41-6-43 , inclusive, may be issued by the secretary of game, fish and parks. The granting of licenses provided under §§ 41-6-32 to 41-6-33 , inclusive, and under §§ 41-6-39 to 41-6-43 , inclusive, shall be in the discretion of the secretary.

Source: SDC 1939, § 25.0303 (3); SL 1947, ch 103, § 2; SL 1953, ch 102; SL 1959, ch 109, § 2; SL 2021, ch 186, § 2.
S.D. Codified Laws § 41-17-22.6 — SD Code / Title 41 / Chapter 17 / Section 41-17-22.6
Amount of revenue from concession contracts deposited in Custer State Park fund
Status: in_force

The first one hundred thousand dollars of revenue from the concession contracts at Custer State Park in each fiscal year shall be deposited in the Custer State Park fund. Any state revenue from concession contracts at Custer State Park in addition to one hundred thousand dollars in a fiscal year shall be deposited in the Custer State Park concession bond redemption fund created by § 41-17-22.5 .

Source: SL 1989, ch 362, § 9.
S.D. Codified Laws § 41-10-19 — SD Code / Title 41 / Chapter 10 / Section 41-10-19
Revocation or suspension of permit
Status: in_force

The Game, Fish and Parks Commission may pursuant to chapter 1-26 revoke or suspend the permit of a permittee for any violation of this chapter or any of the rules of the commission committed by the permittee or any person involved in the operation of the permittee's preserve.

Source: SL 1963, ch 148, § 13; SL 1984, ch 273, § 79; SL 2011, ch 195, § 8.
S.D. Codified Laws § 41-20-25 — SD Code / Title 41 / Chapter 20 / Section 41-20-25
Entry on private land to locate forest insect or disease infestation
Status: in_force

The state forester may enter upon or cross any privately owned forestland or privately owned land for the purpose of surveying for and locating a forest insect or disease infestation. Upon finding any such forest insect or disease infestation, the state forester shall notify the landowner in writing of the presence of the infestation and establish a length of time in which the landowner may control the infestation. The state forester shall further advise the landowner of any acceptable methods and means of effectively controlling the infestation.

Source: SL 2013, ch 196, § 16.
S.D. Codified Laws § 41-17-26 — SD Code / Title 41 / Chapter 17 / Section 41-17-26
Department required to fence land used for rails to trails program
Status: in_force

The Game, Fish and Parks Department shall, unless otherwise agreed to by the adjoining landowner, construct a fence upon the boundaries of any property interest the state of South Dakota possesses along any railroad right - of - way acquired pursuant to the rails to trails program authorized by the National Trails System Act prior to development and use of the right - of - way as a public trail. After construction, the adjoining landowner shall have responsibility to maintain the fence and request materials from the Game, Fish and Parks Department which are reasonably needed to repair the fence.

Source: SL 1991, ch 345.
S.D. Codified Laws § 41-18-24 — SD Code / Title 41 / Chapter 18 / Section 41-18-24
Improvement and maintenance of county parks--Payment of expense
Status: in_force

The county commissioners shall have charge of the improvement and maintenance of public parks established pursuant to this chapter, the expense thereof to be paid on their order by warrants upon the park fund.

Source: SDC 1939, § 12.2412; SL 1947, ch 44, § 2.
S.D. Codified Laws § 41-10-16 — SD Code / Title 41 / Chapter 10 / Section 41-10-16
Tagging of pen raised or wild game taken by licensed hunter on shooting preserve
Status: in_force

Any person licensed to hunt a species as required by this chapter may harvest and legally possess pen raised or wild game shot on a shooting preserve if the game is tagged as directed by the commission in rules promulgated pursuant to chapter 1-26 . The provisions of this section relating to issuance of tags and remittance of tag fees, shall be administered by the department pursuant to commission rules adopted pursuant to § 41-2-18 . The cost of each tag to the shooting preserve permittee shall be established by the commission in rules promulgated pursuant to chapter 1-26 .

Source: SL 1963, ch 148, § 10; SL 1984, ch 273, § 78; SL 1987, ch 308, § 4; SL 2005, ch 226, § 8, eff. Mar. 9, 2005; SL 2011, ch 195, § 6.