reglab/statecodes huggingface dataset:
2023 South Dakota Codified Laws › Title 41 - Game, Fish, Parks and Forestry › Chapter 10 - Private Shooting Preserves › Section 41-10-16 - Tagging of pen raised or wild game taken by licensed hunter on shooting preserve.

41-10-16. Tagging of pen raised or wild game taken by licensed hunter on shooting preserve.
Any person licensed to hunt a species as required by this chapter may harvest and legally possess pen raised or wild game shot on a shooting preserve if the game is tagged as directed by the commission in rules promulgated pursuant to chapter 1-26. The provisions of this section relating to issuance of tags and remittance of tag fees, shall be administered by the department pursuant to commission rules adopted pursuant to §41-2-18. The cost of each tag to the shooting preserve permittee shall be established by the commission in rules promulgated pursuant to chapter 1-26.
Source:
SL 1963, ch 148, §10; SL 1984, ch 273, §78; SL 1987, ch 308, §4; SL 2005, ch 226, §8, eff. Mar. 9, 2005; SL 2011, ch 195, §6.
2023 South Dakota Codified Laws › Title 41 - Game, Fish, Parks and Forestry › Chapter 10 - Private Shooting Preserves › Section 41-10-17 - Guest register and records required of permittee--Inspection by department--Violation as misdemeanor.

41-10-17. Guest register and records required of permittee--Inspection by department--Violation as misdemeanor.
Each shooting preserve permittee shall maintain a guest register in which is listed the name, address, and South Dakota general license number or nonresident shooting preserve license of each shooter, the date on which he hunted, and the amount of game and species taken. Likewise, a record shall be maintained to show the source of the game released and of the date and the number of each game species released. These records shall be open to inspection by the Department of Game, Fish and Parks during normal hours of preserve operation. A violation of this section is a Class 1 misdemeanor.
Source:
SL 1963, ch 148, §11; SL 1991, ch 24, §15; SL 1991, ch 337, §69; SL 1992, ch 300; SL 2011, ch 195, §7.
2023 South Dakota Codified Laws › Title 41 - Game, Fish, Parks and Forestry › Chapter 10 - Private Shooting Preserves › Section 41-10-18 - Owning, operating, leasing, or controlling shooting preserve without license--Misdemeanor.

41-10-18. Owning, operating, leasing, or controlling shooting preserve without license--Misdemeanor.
It is a Class 1 misdemeanor to own, operate, lease, or control a shooting preserve without the operating permit authorized by §41-10-7 or in violation of statute, the conditions of the permit or the rules of the Game, Fish and Parks Commission.
Source:
SL 1963, ch 148, §12; SL 1977, ch 190, §574; SL 1991, ch 337, §70.
2023 South Dakota Codified Laws › Title 41 - Game, Fish, Parks and Forestry › Chapter 10 - Private Shooting Preserves › Section 41-10-19 - Revocation or suspension of permit.

41-10-19. Revocation or suspension of permit.
The Game, Fish and Parks Commission may pursuant to chapter 1-26 revoke or suspend the permit of a permittee for any violation of this chapter or any of the rules of the commission committed by the permittee or any person involved in the operation of the permittee's preserve.
Source:
SL 1963, ch 148, §13; SL 1984, ch 273, §79; SL 2011, ch 195, §8.
2023 South Dakota Codified Laws › Title 41 - Game, Fish, Parks and Forestry › Chapter 10 - Private Shooting Preserves › Section 41-10-20 - Appeal to circuit court from suspension or revocation of permit.

41-10-20. Appeal to circuit court from suspension or revocation of permit.
An appeal may be taken to the circuit court pursuant to the procedure of chapter 1-26 within ten days after a decision of the Game, Fish and Parks Commission to suspend or revoke a shooting preserve operating permit. The circuit court may take additional evidence in any action which is appealed from the administrative determination.
Source:
SL 1963, ch 148, §14.
2023 South Dakota Codified Laws › Title 41 - Game, Fish, Parks and Forestry › Chapter 11 - Protection Of Birds And Small Game › Section 41-11-1 - Wild birds and wild animals as property of state.

41-11-1. Wild birds and wild animals as property of state.
All wild birds or animals as defined by subdivision 41-1-1(24), both resident and migratory, in this state shall be and are hereby declared to be property of the state.
Source:
SDC 1939, §25.0401; SL 1969, ch 100.
2023 South Dakota Codified Laws › Title 41 - Game, Fish, Parks and Forestry › Chapter 11 - Protection Of Birds And Small Game › Section 41-11-2 - Taking, possession, sale or transportation of wild bird or small game prohibited except as provided.

41-11-2. Taking, possession, sale or transportation of wild bird or small game prohibited except as provided.
Except as permitted by §41-11-10 and the rules prescribed by the Game, Fish and Parks Commission, no person may kill, catch, or have in possession, living or dead, any wild bird other than small game, or purchase, offer or expose for sale, transport, or ship within or without the state, any such wild bird or small game after it has been killed or caught. A violation of this section is a Class 2 misdemeanor.
Source:
SDC 1939, §25.0402; SL 1945, ch 96; SL 1967, ch 85, §1; SL 1969, ch 100; SL 1991, ch 337, §71.
2023 South Dakota Codified Laws › Title 41 - Game, Fish, Parks and Forestry › Chapter 11 - Protection Of Birds And Small Game › Section 41-11-4 - Hunting, transportation, sale or possession of game birds prohibited--Violation as misdemeanor.

41-11-4. Hunting, transportation, sale or possession of game birds prohibited--Violation as misdemeanor.
Except as provided in §41-11-5, no person may hunt, take, kill, ship, convey, or cause to be shipped or transported by common or private carrier to any person, either within or without the state, buy, barter, expose for sale, sell to anyone, have in possession or under control at any time, any snipe, prairie chicken or pinnated grouse, white-breasted or sharp-tailed grouse, partridge, or ruffed grouse, sage grouse, Hungarian partridge, Chukar partridge, Chinese ring-necked or English pheasant, wild turkey, upland plover, golden plover, crow, mourning dove, quail, wild duck of any variety, wild geese of any variety, brant, or any variety of aquatic fowl, or any part thereof. A violation of this section is a Class 2 misdemeanor.
Source:
SDC 1939, §25.0501; SL 1941, ch 110; SL 1943, ch 95; SL 1949, ch 95; SL 1951, ch 122; SL 1953, ch 109; SL 1959, ch 117, §2; SL 1981, ch 301, §1; SL 1991, ch 337, §72.
2023 South Dakota Codified Laws › Title 41 - Game, Fish, Parks and Forestry › Chapter 11 - Protection Of Birds And Small Game › Section 41-11-5 - Establishing season for game birds--Closing.

41-11-5. Establishing season for game birds--Closing.
The Game, Fish and Parks Commission may establish a season on any fowl specified in §41-11-4 throughout all or any portion of the state and provide the extent of the season by rules adopted pursuant to §41-2-18. The commission may close or curtail open season once it has been opened as provided in this section.
Source:
SDC 1939, §25.0501; SL 1941, ch 110; SL 1943, ch 95; SL 1949, ch 95; SL 1951, ch 122; SL 1953, ch 109; SL 1959, ch 117, §2; SL 1973, ch 264, §4; SL 1979, ch 284, §1; SL 1984, ch 273, §80.
2023 South Dakota Codified Laws › Title 41 - Game, Fish, Parks and Forestry › Chapter 11 - Protection Of Birds And Small Game › Section 41-11-5.5 - Pheasant hunt--Disabled veterans and former prisoners of war--Promulgation of rules.

41-11-5.5. Pheasant hunt--Disabled veterans and former prisoners of war--Promulgation of rules.
Any nonprofit organization may establish a special pheasant hunt in which disabled veterans or Purple Heart recipients of the United States Armed Forces may participate. The special pheasant hunt may be held before or during the regular pheasant season. No fee may be charged to participants in any such special pheasant hunt, by either the state or the sponsoring organization. The Game, Fish and Parks Commission shall promulgate rules, pursuant to chapter 1-26, to administer the special pheasant hunts authorized in this section.
For the purposes of this section a disabled veteran is a person who meets one of the following criteria:
(1)A resident or nonresident veteran who has been adjudicated by the United States Department of Veterans Affairs as twenty percent or more disabled due to a service-connected disability or has received the United States Department of Veterans Affairs K Award; or
(2)A resident who has served on active duty in the armed forces of the United States or has served as a member of the armed forces reserve or national guard, and the resident is forty percent or more disabled for the purposes of receiving social security benefits.
Source:
SL 1998, ch 252, §23; SL 2016, ch 208, §2; SL 2019, ch 189, §1; SL 2020, ch 180, § 1.
2023 South Dakota Codified Laws › Title 41 - Game, Fish, Parks and Forestry › Chapter 11 - Protection Of Birds And Small Game › Section 41-11-7 - Possession or destruction of nest or eggs of protected birds prohibited--Violation as misdemeanor.

41-11-7. Possession or destruction of nest or eggs of protected birds prohibited--Violation as misdemeanor.
Except as permitted by statute, no person may take or have in possession or break or destroy any nest or the eggs of the kinds of birds, the taking or killing of which is at any time or at all times prohibited. A violation of this section is a Class 2 misdemeanor.
Source:
SDC 1939, §25.0403; SL 1991, ch 337, §74.
2023 South Dakota Codified Laws › Title 41 - Game, Fish, Parks and Forestry › Chapter 11 - Protection Of Birds And Small Game › Section 41-11-8 - Sale of parts of protected bird prohibited--Exceptions--Violation as misdemeanor.

41-11-8. Sale of parts of protected bird prohibited--Exceptions--Violation as misdemeanor.
No part of the plumage, skin, or body of any bird protected by law may be sold or had in possession for sale, irrespective of whether such bird was captured or killed within or without the state, except that the plumage or skin of the Chinese pheasant, sharptail grouse, Hungarian partridge, and prairie chicken legally taken may be sold or had in possession for sale. A violation of this section is a Class 2 misdemeanor.
Source:
SDC 1939, §25.0402; SL 1945, ch 96; SL 1967, ch 85, §1; SL 1969, ch 100; SL 1982, ch 291, §1; SL 1991, ch 337, §75.
2023 South Dakota Codified Laws › Title 41 - Game, Fish, Parks and Forestry › Chapter 11 - Protection Of Birds And Small Game › Section 41-11-10 - Birds not protected or conditionally protected by chapter.

41-11-10. Birds not protected or conditionally protected by chapter.
The English or European house sparrow, unbanded undomesticated pigeon (rock dove), Eurasian collared dove, and European starling are not included among the birds protected by this chapter. Purple grackle, crow, magpie, brown headed cow bird, red-winged blackbird, Brewers blackbird, rusty blackbird, and the bronzed grackle may be taken when committing or about to commit depredation upon ornamental or shade trees, agricultural crops, livestock or wildlife, or when concentrated in such numbers and manner as to constitute a health hazard or other nuisance.
Source:
SDC 1939, §25.0407; SL 1959, ch 114; SL 1961, ch 119; SL 1967, ch 85, §2; SL 1981, ch 301, §2; SL 1998, ch 252, §22; SL 2007, ch 244, §1.
2023 South Dakota Codified Laws › Title 41 - Game, Fish, Parks and Forestry › Chapter 11 - Protection Of Birds And Small Game › Section 41-11-11 - Raptor license required--Violation as misdemeanor.

41-11-11. Raptor license required--Violation as misdemeanor.
A person shall obtain a raptor license from the Department of Game, Fish and Parks to capture or possess a raptor. A violation of this section is a Class 2 misdemeanor.
Source:
SL 1972, ch 226; SL 1984, ch 273, §81.
2023 South Dakota Codified Laws › Title 41 - Game, Fish, Parks and Forestry › Chapter 11 - Protection Of Birds And Small Game › Section 41-11-15 - Reintroduction of black-footed ferret.

41-11-15. Reintroduction of black-footed ferret.
The Department of Game, Fish and Parks and the Department of Agriculture and Natural Resources may participate in programs to reintroduce the black-footed ferret if the following conditions are being met:
(1)Areas containing prairie dogs but not having the potential to support black-footed ferrets shall be identified, evaluated and declared ferret-free;
(2)The existing United States Forest Service Prairie Dog Management Plan for the Conata Basin, Buffalo Gap National Grasslands shall be strictly adhered to, and if future increases in prairie dog acres are needed, a funding mechanism shall be established to provide financial compensation to landowners suffering lost income;
(3)No additional land may be acquired for ferrets through condemnation, and the multiple use concept of the United States Forest Service shall be continued;
(4)The initial ferret reintroduction efforts shall be concentrated within the boundaries of Badlands National Park, and once release techniques are refined, the prairie dog management plan on the Buffalo Gap National Grasslands is functioning and local citizens have had the opportunity to view the progress, then reintroduction efforts may be expanded to the grasslands; and
(5)The United States Fish and Wildlife Service shall attempt to provide for the continued meeting on a regular basis during and after the ferret reintroduction of the local level committee consisting of representatives of the United States Forest Service, Pine Ridge Indian Reservation, United States National Parks Service, United States Fish and Wildlife Service, affected state agencies, private organizations, and local landowners.
Source: SL 1992, ch 301; SL 2021, ch 1 (Ex. Ord.
21-3
), § 14, eff. Apr. 19, 2021.
2023 South Dakota Codified Laws › Title 41 - Game, Fish, Parks and Forestry › Chapter 12 - Fishing Seasons And Methods › Section 41-12-2 - Fishing in private water used for propagation as misdemeanor except by consent.

41-12-2. Fishing in private water used for propagation as misdemeanor except by consent.
It is a Class 2 misdemeanor for any person to catch, kill, or take any fish in any manner from any private water used for the propagation of fish except by the consent of the proprietor of the private water.
Source:
SDC 1939, §25.0613 as enacted by SL 1961, ch 120, §2; SL 1977, ch 190, §578; SL 2009, ch 206, §60.
2023 South Dakota Codified Laws › Title 41 - Game, Fish, Parks and Forestry › Chapter 12 - Fishing Seasons And Methods › Section 41-12-3 - Labeling and access to fishing houses erected on ice--Neglect as misdemeanor--Exception for portable shelters.

41-12-3. Labeling and access to fishing houses erected on ice--Neglect as misdemeanor--Exception for portable shelters.
It is a Class 2 misdemeanor for any person to set, place, erect, or cause to be set, placed, or erected, or to use any fishing house, fishing shanty, or other structure or shelter at any time upon the ice of any of the public waters of the state unless the name and address of the owner is plainly marked on its exterior in letters at least two inches in height, and the door is constructed to permit entry at all times to the structure, except when unoccupied and locked from the outside. Any portable shelter which is removed from the ice daily is exempt from the marking requirements. A portable shelter may be placed upon the ice of any public waters of the state at any time if the shelter is removed daily. The Game, Fish and Parks Commission shall promulgate rules pursuant to chapter 1-26 to establish dates when any structure not removed daily shall be removed from the public waters of the state.
Source:
SL 1953, ch 116, §1; SL 1957, ch 108, §1; SDC Supp 1960, §25.0618; repealed SL 1961, ch 120, §1; re-enacted as SDC Supp 1960, §25.0615 by SL 1965, ch 113, §1; SL 1977, ch 190, §579; SL 1997, ch 237, §1; SL 2001, ch 234, §1.
2023 South Dakota Codified Laws › Title 41 - Game, Fish, Parks and Forestry › Chapter 12 - Fishing Seasons And Methods › Section 41-12-5 - Fishing restricted to hook and line except as provided--Violation as misdemeanor.

41-12-5. Fishing restricted to hook and line except as provided--Violation as misdemeanor.
Except as otherwise provided by law, only hook and line may be used in the taking of any fish in any waters which have been opened to fishing by Game, Fish and Parks Commission rule. A violation of this section is a Class 2 misdemeanor.
Source:
SDC 1939, §25.0602 as enacted by SL 1961, ch 120, §2; SL 1966, ch 70; SL 1984, ch 273, §84; SL 1991, ch 337, §78.
2023 South Dakota Codified Laws › Title 41 - Game, Fish, Parks and Forestry › Chapter 12 - Fishing Seasons And Methods › Section 41-12-6 - Fishing with excessive number of lines as misdemeanor.

41-12-6. Fishing with excessive number of lines as misdemeanor.
It is a Class 2 misdemeanor for any person to fish with more than the maximum number of hooks or lines that may be established in rules promulgated pursuant to chapter 1-26 by the Game, Fish and Parks Commission.
Source:
SDC 1939, §25.0602 (1) as enacted by SL 1961, ch 120, §2; SL 1966, ch 70; SL 1977, ch 190, §581; SL 1977, ch 332, §1; SL 2009, ch 206, §61.
2023 South Dakota Codified Laws › Title 41 - Game, Fish, Parks and Forestry › Chapter 12 - Fishing Seasons And Methods › Section 41-12-7 - Fishing lines to be attended--Violation as misdemeanor.

41-12-7. Fishing lines to be attended--Violation as misdemeanor.
Each line used for fishing shall be attended to the extent that it is under the direct supervision of and within the unaided observation of the legal user at all times. A violation of this section is a Class 2 misdemeanor.
Source:
SDC 1939, §25.0602 as enacted by SL 1961, ch 120, §2; SL 1966, ch 70; SL 1991, ch 337, §79.
2023 South Dakota Codified Laws › Title 41 - Game, Fish, Parks and Forestry › Chapter 12 - Fishing Seasons And Methods › Section 41-12-8 - Prohibited bait--Violation as misdemeanor.

41-12-8. Prohibited bait--Violation as misdemeanor.
No person may use carp, goldfish, or game fish, except bullhead, lake herring, sunfish of the genus Lepomis, and cleanings of game fish, as bait in hook and line fishing. A violation of this section is a Class 2 misdemeanor.
Source:
SDC 1939, §25.0602 as enacted by SL 1961, ch 120, §2; SL 1984, ch 273, §85; SL 2015, ch 212, §1; SL 2019, ch 190, §1.
2023 South Dakota Codified Laws › Title 41 - Game, Fish, Parks and Forestry › Chapter 12 - Fishing Seasons And Methods › 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.

41-12-9. Nets, seines, and similar devices, weirs, dams, and artificial obstructions prohibited--Violation as misdemeanor--Permits for use of devices by private landowners.
It is a Class 1 misdemeanor for any person to possess or control, or to place, keep, or maintain in any of the public waters of this state any trammel or gill net, seine, or other similar device for capturing fish. It is a Class 1 misdemeanor for any person to take in any of the public waters of this state for any purpose whatever, any fish at any time by the erection of any weir, dam, or artificial obstruction or by the use of any trammel or gill net, trap, or similar device, or to place, keep, or maintain the same in any of the public waters of this state. The Department of Game, Fish and Parks may authorize private landowners to use specified devices to take minnows or control undesirable or overpopulated species of fish in their private waters.
Source:
SDC 1939, §25.0606 as enacted by SL 1961, ch 120, §2; SL 1977, ch 190, §582; SL 1982, ch 289, §5; SL 2009, ch 206, §62.
2023 South Dakota Codified Laws › Title 41 - Game, Fish, Parks and Forestry › Chapter 12 - Fishing Seasons And Methods › Section 41-12-12 - Fishing devices prohibited--Landing nets and gaffs permitted--Violation as misdemeanor.

41-12-12. Fishing devices prohibited--Landing nets and gaffs permitted--Violation as misdemeanor.
No spear, spear gun, bow and arrow, crossbow, snaghook, setline, hoop net, trap, artificial light, or other device except hook and line may be used for fishing except as expressly provided by rules promulgated by the Game, Fish and Parks Commission pursuant to chapter 1-26. However, landing nets, gaffs, and similar devices may be used as an aid in landing fish which are in the process of being caught by legal methods. Use of a device prohibited by this section is a Class 2 misdemeanor.
Source:
SDC 1939, §25.0602 (2) as enacted by SL 1961, ch 120, §2; SL 1984, ch 273, §88; SL 2006, ch 220, §1.
2023 South Dakota Codified Laws › Title 41 - Game, Fish, Parks and Forestry › Chapter 12 - Fishing Seasons And Methods › Section 41-12-13 - Use of explosives, electrical devices, and drugs as misdemeanor.

41-12-13. Use of explosives, electrical devices, and drugs as misdemeanor.
It is a Class 1 misdemeanor to kill, take, or attempt to kill, or take in any waters for any purpose, any fish by the use of any explosive, electrical device, poisonous, deleterious, or stupefying substance, unless written authorization to do so is obtained from the Department of Game, Fish and Parks.
Source:
SDC 1939, §25.0610 as enacted by SL 1961, ch 120, §2; SL 1977, ch 190, §584; SL 1993, ch 315.
2023 South Dakota Codified Laws › Title 41 - Game, Fish, Parks and Forestry › Chapter 12 - Fishing Seasons And Methods › Section 41-12-14 - Departmental agents exempt when managing fishery resources.

41-12-14. Departmental agents exempt when managing fishery resources.
Appointees and employees of the Department of Game, Fish and Parks are exempted from the provisions of this chapter and chapter 41-13 when carrying out assigned duties and responsibilities of managing the fisheries resources in the public waters of the state.
Source:
SDC 1939, §25.0614 as enacted by SL 1961, ch 120, §2; SL 2009, ch 206, §63.
2023 South Dakota Codified Laws › Title 41 - Game, Fish, Parks and Forestry › Chapter 12 - Fishing Seasons And Methods › Section 41-12-15 - Law of adjoining state to be observed on boundary waters--Misdemeanor.

41-12-15. Law of adjoining state to be observed on boundary waters--Misdemeanor.
The taking of any fish with or the placing, maintaining, or using of a net or seine in any river, lake, or waters forming the boundary line between this and any other state of the United States, at any time or in any manner prohibited by the laws of any such adjoining state, is a Class 2 misdemeanor, except as provided by §§41-12-16 to 41-12-19, inclusive.
Source:
SDC 1939, §25.0423; SL 1945, ch 97; SL 1967, ch 85, §9; SL 1977, ch 190, §585.
2023 South Dakota Codified Laws › Title 41 - Game, Fish, Parks and Forestry › Chapter 12 - Fishing Seasons And Methods › Section 41-12-16 - Taking of certain species from Missouri River boundary waters permitted.

41-12-16. Taking of certain species from Missouri River boundary waters permitted.
Notwithstanding §41-12-15, any person having a resident fishing license may take suckers, red horse, buffalo, carp, eel, eelpout, and catfish (except bullheads) from the waters of the Missouri River as prescribed by the provisions of §§41-12-5 to 41-12-8, inclusive, and §41-12-12.
Source:
SDC 1939, §25.0423; SL 1945, ch 97; SL 1967, ch 85, §9; SL 1985, ch 15, §57.
2023 South Dakota Codified Laws › Title 41 - Game, Fish, Parks and Forestry › Chapter 12 - Fishing Seasons And Methods › Section 41-12-17 - Seining of scavenger and unprotected fish from boundary waters permitted.

41-12-17. Seining of scavenger and unprotected fish from boundary waters permitted.
Notwithstanding §41-12-15, the Game, Fish and Parks Commission may, in its discretion, at such time as it may deem proper, permit the seining of scavenger or nonprotected fish from the rivers, lakes, or waters described in §41-12-15.
Source:
SDC 1939, §25.0423; SL 1945, ch 97; SL 1967, ch 85, §9.
2023 South Dakota Codified Laws › Title 41 - Game, Fish, Parks and Forestry › Chapter 12 - Fishing Seasons And Methods › Section 41-12-19 - Agreements with adjoining states for reciprocal recognition of licenses and enforcement.

41-12-19. Agreements with adjoining states for reciprocal recognition of licenses and enforcement.
The Department of Game, Fish and Parks may enter into agreements with the appropriate agencies of bordering states for the purpose of providing for reciprocal recognition of licenses and permits and reciprocal enforcement of regulations pertaining to hunting, fishing, boating, and trapping on the boundary waters of the state.
Source:
SDC 1939, §25.0423 as added by SL 1967, ch 85, §9.
2023 South Dakota Codified Laws › Title 41 - Game, Fish, Parks and Forestry › Chapter 12 - Fishing Seasons And Methods › Section 41-12-21 - Limit of fish taken by fishing party--Exception.

41-12-21. Limit of fish taken by fishing party--Exception.
Any of two or more persons who mutually agree to fish by angling from a single watercraft as a party or who mutually agree to fish by angling from shore or on ice as a party and who maintain visual and unaided vocal contact may take more than one daily limit of fish. However, the total number of fish taken by the party may not exceed the aggregate daily limit for all members of the party who are licensed to take and possess fish by angling. The provisions of this section do not apply to any person who fishes in more than one party in one day.
Source:
SL 2013, ch 213, §2; SL 2014, ch 204, §1.
2023 South Dakota Codified Laws › Title 41 - Game, Fish, Parks and Forestry › Chapter 13 - Protection Of Fishing Waters › Section 41-13-1 - Dumping of refuse or chemicals into game fish waters as misdemeanor--Liability for restoration.

41-13-1. Dumping of refuse or chemicals into game fish waters as misdemeanor--Liability for restoration.
It is a Class 1 misdemeanor for any person to empty or allow to be emptied, to place or allow to be placed, any sawdust, manure, refuse matter, sedimentary materials, pollutants, or chemicals of any kind in the waters of this state containing fish and wildlife, or to deposit the same within such distance that it may be carried into such waters by natural causes, except as expressly provided in this chapter. Any person who knowingly or willfully empties, places, or discharges pollutants or chemicals into state waters is liable to the Department of Game, Fish and Parks for an amount, to be deposited in the game, fish and parks fund, which will compensate for restoration of losses.
Source:
SDC 1939, §25.0609 as enacted by SL 1961, ch 120, §2; SL 1977, ch 190, §587; SL 1988, ch 338, §1.
2023 South Dakota Codified Laws › Title 41 - Game, Fish, Parks and Forestry › Chapter 13 - Protection Of Fishing Waters › Section 41-13-1.1 - Agricultural producer not liable for result of normal farming practices.

41-13-1.1. Agricultural producer not liable for result of normal farming practices.
Liability may not be imposed upon an agricultural producer if the fish or wildlife kill occurred as a result of normal farming practices.
Source:
SL 1988, ch 338, §2.
2023 South Dakota Codified Laws › Title 41 - Game, Fish, Parks and Forestry › Chapter 13 - Protection Of Fishing Waters › Section 41-13-2 - Permit required to use plant control chemicals in game fish waters--Violation as misdemeanor--Promulgation of rules.

41-13-2. Permit required to use plant control chemicals in game fish waters--Violation as misdemeanor--Promulgation of rules.
It is a Class 2 misdemeanor to place chemicals in the public waters of this state containing game fish for the purpose of controlling plants without written permission of the secretary of game, fish and parks. The Game, Fish and Parks Commission may promulgate rules pursuant to chapter 1-26 to safeguard game fish and other animals from the effects of such chemicals.
Source:
SDC 1939, §25.0611 as enacted by SL 1961, ch 120, §2; SL 1977, ch 190, §588; SL 2009, ch 206, §64.
2023 South Dakota Codified Laws › Title 41 - Game, Fish, Parks and Forestry › Chapter 13 - Protection Of Fishing Waters › Section 41-13-3 - Commission authority required to introduce fish or eggs into public waters--Violation as misdemeanor.

41-13-3. Commission authority required to introduce fish or eggs into public waters--Violation as misdemeanor.
It is a Class 2 misdemeanor for any person to transplant or introduce any fish or fish eggs into any of the public waters of this state without express authority of the Department of Game, Fish and Parks.
Source:
SDC 1939, §25.0608 as enacted by SL 1961, ch 120, §2; SL 1977, ch 190, §589.
2023 South Dakota Codified Laws › Title 41 - Game, Fish, Parks and Forestry › Chapter 13 - Protection Of Fishing Waters › Section 41-13-3.1 - Unauthorized importation of salmonidae as misdemeanor.

41-13-3.1. Unauthorized importation of salmonidae as misdemeanor.
It is a Class 2 misdemeanor for any person to import live fishes or viable eggs of the family salmonidae into the State of South Dakota unless such importation complies with rules promulgated pursuant to chapter 1-26 by the Department of Game, Fish and Parks.
Source:
SL 1970, ch 240; SL 1977, ch 190, §590; SL 2009, ch 206, §65.
2023 South Dakota Codified Laws › Title 41 - Game, Fish, Parks and Forestry › Chapter 13 - Protection Of Fishing Waters › Section 41-13-4 - Emptying bait container into public waters as misdemeanor.

41-13-4. Emptying bait container into public waters as misdemeanor.
It is a Class 2 misdemeanor for any person to empty the contents of any minnow bucket or other receptacle containing bait into any of the public waters of the state.
Source:
SDC 1939, §25.0608 as enacted by SL 1961, ch 120, §2; SL 1977, ch 190, §591.
2023 South Dakota Codified Laws › Title 41 - Game, Fish, Parks and Forestry › Chapter 13 - Protection Of Fishing Waters › Section 41-13-5 - Department authorized to remove rough fish and bullheads from public waters.

41-13-5. Department authorized to remove rough fish and bullheads from public waters.
The Department of Game, Fish and Parks may remove and dispose of rough fish and bullheads from the public waters of the state by the use of seines, nets, chemicals, or by other means or devices.
Source:
SDC 1939, §25.0607 as enacted by SL 1961, ch 120, §2; SL 2009, ch 206, §66.
2023 South Dakota Codified Laws › Title 41 - Game, Fish, Parks and Forestry › Chapter 13 - Protection Of Fishing Waters › Section 41-13-6 - Additional species to be treated as rough fish.

41-13-6. Additional species to be treated as rough fish.
In addition to rough fish as defined in chapter 41-1, the Game, Fish and Parks Commission may by rule adopted pursuant to §41-2-18 declare one or more species of game fish to be considered and treated as rough fish in any particular waters when the action is necessary or advisable to maintain a desirable fish population.
Source:
SDC 1939, §25.0607 as enacted by SL 1961, ch 120, §2; SL 1984, ch 273, §90.
2023 South Dakota Codified Laws › Title 41 - Game, Fish, Parks and Forestry › Chapter 13 - Protection Of Fishing Waters › Section 41-13-7 - Contract fishing for rough fish and bullheads--Supervision--Bond required.

41-13-7. Contract fishing for rough fish and bullheads--Supervision--Bond required.
The Department of Game, Fish and Parks may contract for the removal of rough fish and bullheads from any of the public waters of the state, if fishing under the contract is done under the personal supervision of a person designated by the secretary of game, fish and parks. Any person carrying on such fishing operations under such a contract shall furnish bond in an amount determined by the department, conditioned upon the person's compliance with all of the terms of the contract.
Source:
SDC 1939, §25.0607 as enacted by SL 1961, ch 120, §2; SL 2009, ch 206, §67.
2023 South Dakota Codified Laws › Title 41 - Game, Fish, Parks and Forestry › Chapter 13 - Protection Of Fishing Waters › Section 41-13-8 - Tagging and identification of devices used by contract fishermen.

41-13-8. Tagging and identification of devices used by contract fishermen.
All nets or other devices used by contract fishermen shall be tagged with a metal tag furnished by the Department of Game, Fish and Parks when in use, and shall be sealed or otherwise properly identified as deemed appropriate by the Game, Fish and Parks Commission when they are not in use and are within the boundaries of this state.
Source:
SDC 1939, §25.0607 as enacted by SL 1961, ch 120, §2.
2023 South Dakota Codified Laws › Title 41 - Game, Fish, Parks and Forestry › Chapter 13 - Protection Of Fishing Waters › Section 41-13-9 - Sale and transportation of fish taken under commission program.

41-13-9. Sale and transportation of fish taken under commission program.
Fish taken under the provisions of §§41-13-5 to 41-13-7, inclusive, may be sold and transported according to rules as adopted pursuant to §41-2-18 by the Game, Fish and Parks Commission.
Source:
SDC 1939, §25.0607 as enacted by SL 1961, ch 120, §2; SL 1984, ch 273, §91.
2023 South Dakota Codified Laws › Title 41 - Game, Fish, Parks and Forestry › Chapter 13 - Protection Of Fishing Waters › Section 41-13-10 - Disposition of game fish taken in rough fish control operations.

41-13-10. Disposition of game fish taken in rough fish control operations.
On the waters of the Missouri River and its impoundments, game fish taken incidentally in operations designed to control rough fish and bullheads, if the condition of the game fish is such that they cannot reasonably be salvaged, may be removed and disposed of in the same manner prescribed for rough fish and bullheads.
Source:
SDC 1939, §25.0607 as enacted by SL 1961, ch 120, §2; SL 2009, ch 206, §68.
2023 South Dakota Codified Laws › Title 41 - Game, Fish, Parks and Forestry › Chapter 13 - Protection Of Fishing Waters › Section 41-13-11 - Disposition of proceeds from sale of game fish.

41-13-11. Disposition of proceeds from sale of game fish.
All proceeds derived from the disposal of game fish except bullheads, shall be deposited in the state treasury and credited to the Department of Game, Fish and Parks fund.
Source:
SDC 1939, §25.0607 as enacted by SL 1961, ch 120, §2.
2023 South Dakota Codified Laws › Title 41 - Game, Fish, Parks and Forestry › Chapter 13A - Aquatic Invasive Species › Section 41-13A-1 - Definitions.

41-13A-1. Definitions.
Terms used in this chapter mean:
(1)"Aquatic invasive species," an aquatic species that is not native to the state, including the seeds, eggs, spores, or larvae of the species, or other biological material capable of propagation, and whose presence within the state may cause economic or environmental harm;
(2)"Conveyance," a motorized or nonmotorized boat and associated equipment that may come in contact with water or that is able to transport water. A conveyance includes any trailer, engine, motor, live well, ballast tank, bilge area, anchor, and any other item that may come in contact with water or is able to transport water that could harbor an aquatic invasive species;
(3)"Decontamination," a process used to kill, destroy, or remove aquatic invasive species and other organic material that may be present in or on a conveyance;
(4)"Inspection," a visual and tactile examination of a conveyance to determine whether it may harbor any organisms or other organic material that could present a risk of spreading an aquatic invasive species;
(5)"Waters," all waters within the jurisdiction of the state used for recreational boating, including rivers, streams, and natural or manmade lakes, ponds, and reservoirs.
Source:
SL 2020, ch 181, § 1, eff. Feb. 26, 2020.
2023 South Dakota Codified Laws › Title 41 - Game, Fish, Parks and Forestry › Chapter 13A - Aquatic Invasive Species › Section 41-13A-2 - Aquatic invasive species--Prohibitions--Violation as misdemeanor.

41-13A-2. Aquatic invasive species--Prohibitions--Violation as misdemeanor.
No person may possess, import, ship, or transport within this state any aquatic invasive species unless authorized by the commission in rules promulgated under § 41-2-18.
A violation of this section is a Class 2 misdemeanor. A second or subsequent violation of this section within one year is a Class 1 misdemeanor.
Source:
SL 2020, ch 181, § 2, eff. Feb. 26, 2020; SL 2021, ch 186, § 4.
2023 South Dakota Codified Laws › Title 41 - Game, Fish, Parks and Forestry › Chapter 13A - Aquatic Invasive Species › Section 41-13A-3 - Conveyance placement--Requirements--Violation as misdemeanor.

41-13A-3. Conveyance placement--Requirements--Violation as misdemeanor.
No person may place a conveyance, or cause a conveyance to be placed, into waters within this state without first meeting the requirements in §41-13A-4 unless authorized by the commission in rules promulgated under § 41-2-18.
A violation of this section is a Class 2 misdemeanor. A second or subsequent violation of this section within one year is a Class 1 misdemeanor.
Source:
SL 2020, ch 181, § 3, eff. Feb. 26, 2020; SL 2021, ch 186, § 5.
2023 South Dakota Codified Laws › Title 41 - Game, Fish, Parks and Forestry › Chapter 13A - Aquatic Invasive Species › Section 41-13A-4 - Conveyance removal--Requirements--Violation as misdemeanor.

41-13A-4. Conveyance removal--Requirements--Violation as misdemeanor.
Any person removing a conveyance from waters shall, to the extent possible, do the following:
(1)Clean the conveyance by removing all visible organic material, including plants, animals, and mud;
(2)Drain the conveyance by removing any plug or other barrier that prevents water drainage and running any pumps on board to expunge water; and
(3)Comply with any other requirements and protocols for the cleaning, draining, and drying of a conveyance established by the commission in rules promulgated under § 41-2-18.
Failure to comply with the provisions of this section is a Class 2 misdemeanor. A second or subsequent violation of this section within one year is a Class 1 misdemeanor.
Source:
SL 2020, ch 181, § 4, eff. Feb. 26, 2020; SL 2021, ch 186, § 6.
2023 South Dakota Codified Laws › Title 41 - Game, Fish, Parks and Forestry › Chapter 13A - Aquatic Invasive Species › Section 41-13A-5 - Inspection stations--Required inspections--Violation as misdemeanor.

41-13A-5. Inspection stations--Required inspections--Violation as misdemeanor.
To prevent the introduction, importation, infestation, and spread of aquatic invasive species, the department may establish aquatic invasive species inspection stations at any location within the state including interstate borders, highways or other roads, locations adjacent to or near public waters, and at department offices. Any person with a conveyance is required to stop at an inspection station. The department shall receive approval from the Department of Transportation before establishing an inspection station along any road that is part of the state trunk system.
Failure to comply with the provisions of this section is a Class 2 misdemeanor. A second or subsequent violation of this section within one year is a Class 1 misdemeanor.
Source:
SL 2020, ch 181, § 5, eff. Feb. 26, 2020.
2023 South Dakota Codified Laws › Title 41 - Game, Fish, Parks and Forestry › Chapter 13A - Aquatic Invasive Species › Section 41-13A-6 - Inspection stations--Inspections--Decontamination.

41-13A-6. Inspection stations--Inspections--Decontamination.
At inspection stations established under §41-13A-5, authorized department personnel may inspect the exterior of any conveyance for the presence of organisms or organic material that may harbor aquatic invasive species. Authorized personnel may examine any interior portion of a conveyance that may carry or transport water or organic material, including an engine, motor, live well, ballast tank, or bilge area. A law enforcement officer may stop a person with a conveyance at a location other than an inspection station if the person fails to stop at an inspection station or fails to comply with required inspection and decontamination procedures. During the inspection, personnel may also check for compliance with the requirements established in §§41-13A-2 to 41-13A-4, inclusive.
If any organisms or organic material that may harbor aquatic invasive species are found or suspected to be present as a result of the inspection, the department may decontaminate the conveyance or order the decontamination of the conveyance.
Source:
SL 2020, ch 181, § 6, eff. Feb. 26, 2020.
2023 South Dakota Codified Laws › Title 41 - Game, Fish, Parks and Forestry › Chapter 13A - Aquatic Invasive Species › Section 41-13A-7 - Law enforcement authority--Inspections--Decontamination.

41-13A-7. Law enforcement authority--Inspections--Decontamination.
A law enforcement officer may only stop a conveyance at a location other than an inspection station established under this chapter, and may only inspect the conveyance for the presence of organisms, or organic material that may harbor aquatic invasive species if the conveyance is visibly transporting organisms or organic material, including animals, plants, or mud, or the law enforcement officer otherwise reasonably believes, based on articulable facts, that the conveyance is in violation of any of the provisions of §§41-13A-2 through 41-13A-4. If a law enforcement officer conducts an inspection of a conveyance and finds the presence of organisms, organic material, or water, that may harbor aquatic invasive species, a law enforcement officer may do the following:
(1)Escort the conveyance to the nearest inspection station for immediate decontamination;
(2)Issue an order requiring the decontamination of the conveyance; or
(3)Detain the conveyance until the decontamination is complete.
Source:
SL 2020, ch 181, § 7, eff. Feb. 26, 2020.
2023 South Dakota Codified Laws › Title 41 - Game, Fish, Parks and Forestry › Chapter 14 - Possession Transportation And Sale Of Game And Fish › Section 41-14-1 - Possession of unlawfully taken or imported bird, animal, or fish as misdemeanor.

41-14-1. Possession of unlawfully taken or imported bird, animal, or fish as misdemeanor.
It is a Class 2 misdemeanor for any person to possess or control any bird, animal, or fish, or any part of any bird, animal, or fish, that has been unlawfully taken, caught, or killed in this or any other state or foreign country, or that has been unlawfully transported into this state.
It is a Class 1 misdemeanor for any person to possess or control any big game animal, or any part of any big game animal, that has been unlawfully taken, caught, or killed in any other state or foreign country, or that has been unlawfully transported into this state.
Source:
SDC 1939, §25.0415; SL 1977, ch 190, §592; SL 1991, ch 337, §80; SL 2009, ch 206, §69.
2023 South Dakota Codified Laws › Title 41 - Game, Fish, Parks and Forestry › Chapter 14 - Possession Transportation And Sale Of Game And Fish › Section 41-14-2 - Possession of protected bird, animal, or fish as prima facie evidence of state ownership.

41-14-2. Possession of protected bird, animal, or fish as prima facie evidence of state ownership.
The possession or control by any person of any bird, animal, or fish, or any part of any bird, animal, or fish, the killing of which is at any time prohibited, is prima facie evidence that the bird, animal, or fish was the property of this state at the time it was caught, taken, or killed, and that it was caught, taken, or killed in this state.
Source:
SDC 1939, §25.0416; SL 1969, ch 100; SL 2009, ch 206, §70.
2023 South Dakota Codified Laws › Title 41 - Game, Fish, Parks and Forestry › Chapter 14 - Possession Transportation And Sale Of Game And Fish › Section 41-14-3 - Possession during closed season as prima facie evidence of taking during closed season--Burden of proof as to lawful taking.

41-14-3. Possession during closed season as prima facie evidence of taking during closed season--Burden of proof as to lawful taking.
The possession or control by any person of any bird, animal, or fish at any time when the killing, taking, or possession of the bird, animal, or fish is unlawful is prima facie evidence that the taking or killing occurred during the closed season, unless the person in possession of the bird, animal, or fish shows that at the time it was caught, taken, or killed, it was lawfully caught, taken, or killed either within or without the state, and that the person was lawfully in possession of the bird, animal, or fish.
Source:
SDC 1939, §25.0416; SL 1969, ch 100; SL 2009, ch 206, §71.
2023 South Dakota Codified Laws › Title 41 - Game, Fish, Parks and Forestry › Chapter 14 - Possession Transportation And Sale Of Game And Fish › Section 41-14-4 - Tagging required for public storage of game--Tagging requirements to be posted--Public storage defined--Violation as misdemeanor.

41-14-4. Tagging required for public storage of game--Tagging requirements to be posted--Public storage defined--Violation as misdemeanor.
No person may place into public storage any game bird, game fish, or game animal unless the game bird, game fish, or game animal has attached to it a tag showing the owner's name and address, the number and kind of bird, fish, or animal and the date the bird, fish, or animal is placed in storage. Any person who accepts into public storage any game bird, game fish, or game animal must post notice of the tagging requirements of this section in a conspicuous place adjacent to the public storage. For the purposes of this section, public storage is any business that stores game birds, game fish, or game animals for a fee or a convenience and has a South Dakota sales tax license. A violation of this section is a Class 2 misdemeanor.
Source:
SDC 1939, §25.0404 as added by SL 1941, ch 108; SL 1943, ch 93; SL 1947, ch 110; SL 1957, ch 104; SL 1992, ch 293, §12; SL 2000, ch 209, §2.
2023 South Dakota Codified Laws › Title 41 - Game, Fish, Parks and Forestry › Chapter 14 - Possession Transportation And Sale Of Game And Fish › Section 41-14-5 - Service of game in public eating house during closed season as misdemeanor.

41-14-5. Service of game in public eating house during closed season as misdemeanor.
It is a Class 2 misdemeanor for any keeper of any public eating house to serve any guest or patron any game, the taking or killing of which is prohibited by law, during any of the periods when the taking or killing of the same is prohibited, except as provided by §41-14-6.
Source:
SDC 1939, §25.0421; SL 1955, ch 82; SL 1967, ch 85, §7; SL 1977, ch 190, §593.
2023 South Dakota Codified Laws › Title 41 - Game, Fish, Parks and Forestry › Chapter 14 - Possession Transportation And Sale Of Game And Fish › Section 41-14-6 - Service of game birds in public eating house permitted when obtained from authorized private sources.

41-14-6. Service of game birds in public eating house permitted when obtained from authorized private sources.
The keeper of any public eating house may serve to any guest or patron in whole or in part Chinese ringneck or English pheasant produced by a licensee under §41-6-31, and any game bird taken under chapter 41-10.
Source:
SDC 1939, §25.0421 as added by SL 1955, ch 82; SL 1967, ch 85, §7.
2023 South Dakota Codified Laws › Title 41 - Game, Fish, Parks and Forestry › Chapter 14 - Possession Transportation And Sale Of Game And Fish › Section 41-14-7 - Transportation of birds by common carrier prohibited except as provided--Violation as misdemeanor.

41-14-7. Transportation of birds by common carrier prohibited except as provided--Violation as misdemeanor.
Except as permitted by statute, or rule of the Game, Fish and Parks Commission, it is a Class 2 misdemeanor for a common carrier, its officers, agents, or servants to ship, carry, take, or transport any resident or migratory bird either within or beyond the confines of this state.
Source:
SDC 1939, §25.0404; SL 1941, ch 108; SL 1943, ch 93; SL 1947, ch 110; SL 1957, ch 104; SL 1991, ch 337, §81.