reglab/statecodes huggingface dataset:
2023 South Dakota Codified Laws › Title 41 - Game, Fish, Parks and Forestry › Chapter 02 - State Department Of Game Fish And Parks › Section 41-2-46 - Landowner presentation of proof of ownership--Contents.

41-2-46. Landowner presentation of proof of ownership--Contents.
Prior to delivery of the quitclaim deed as provided in §§41-2-39 to 41-2-46, inclusive, the landowner shall present to the Department of Game, Fish and Parks and to the commissioner of school and public lands satisfactory proof of ownership of the lot, description, or subdivision containing the lands to be conveyed, when the state holds an easement over the lands. If the state holds fee title, the landowner shall present satisfactory proof of ownership of the land bordering or surrounding the right-of-way. This proof shall be made by presentation of an owner's policy of title insurance dated as of the contemplated date of conveyance, or an abstract certified to that date by a licensed and bonded abstractor of the county containing the lands to be conveyed.
Source:
SL 1994, ch 326, §9.
2023 South Dakota Codified Laws › Title 41 - Game, Fish, Parks and Forestry › Chapter 02 - State Department Of Game Fish And Parks › Section 41-2-47 - Appraisals of real property by department--Market value defined.

41-2-47. Appraisals of real property by department--Market value defined.
Any appraisal of real property done by or on behalf of the Department of Game, Fish and Parks shall be done by a state certified appraiser to determine the market value of the property. Market value is the amount in cash, or on terms reasonably equivalent to cash, for which in all probability the property would have sold on the effective date of the appraisal, after a reasonable exposure time on the open competitive market, from a willing and reasonably knowledgeable seller to a willing and reasonably knowledgeable buyer, with neither acting under any compulsion to buy or sell, giving due consideration to all available economic uses of the property at the time of the appraisal.
Source:
SL 2009, ch 207, §1.
2023 South Dakota Codified Laws › Title 41 - Game, Fish, Parks and Forestry › Chapter 02 - State Department Of Game Fish And Parks › Section 41-2-48 - Conservation officers--Entering private land--Prohibition--Exceptions.

41-2-48. Conservation officers--Entering private land--Prohibition--Exceptions.
No conservation officer may, in the course of performing the duties of a conservation officer, enter any private land unless the conservation officer has a warrant or has the explicit or implied permission of the landowner or lessee. However, any conservation officer may enter any private land without permission:
(1)If reasonable suspicion or probable cause exists that a violation of a law that the conservation officer is authorized to enforce has been, is being, or is about to be committed on the private land;
(2)To dispatch crippled or distressed wildlife the conservation officer has personally and lawfully observed on the private land; or
(3)To respond to emergency situations, accidents, or other threats to public safety occurring on the private land.
Source:
SL 2021, ch 183, § 1.
2023 South Dakota Codified Laws › Title 41 - Game, Fish, Parks and Forestry › Chapter 02 - State Department Of Game Fish And Parks › Section 41-2-49 - Conservation officers--Entering private land--Liability.

41-2-49. Conservation officers--Entering private land--Liability.
Nothing contained in § 41-2-48 creates criminal or civil liability for a conservation officer.
Source:
SL 2021, ch 183, § 2.
2023 South Dakota Codified Laws › Title 41 - Game, Fish, Parks and Forestry › Chapter 03 - State And Federal Conservation Activities › Section 41-3-1 - Department in charge of propagation and preservation of game and fish.

41-3-1. Department in charge of propagation and preservation of game and fish.
The Department of Game, Fish and Parks shall have charge of the propagation and preservation of such varieties of game and fish as it shall deem to be of public value.
Source:
SDC 1939, §25.0107 (1).
2023 South Dakota Codified Laws › Title 41 - Game, Fish, Parks and Forestry › Chapter 03 - State And Federal Conservation Activities › Section 41-3-2 - Collection and publication of conservation information.

41-3-2. Collection and publication of conservation information.
The Department of Game, Fish and Parks shall have charge of the collection and diffusion of such statistics and information as shall be germane to the purpose of conservation.
Source:
SDC 1939, §25.0107 (2).
2023 South Dakota Codified Laws › Title 41 - Game, Fish, Parks and Forestry › Chapter 03 - State And Federal Conservation Activities › Section 41-3-3 - Cooperation with federal agencies in propagation, preservation and protection of game and fish--Expenditure of funds.

41-3-3. Cooperation with federal agencies in propagation, preservation and protection of game and fish--Expenditure of funds.
The State of South Dakota having assented to the provisions of the act or acts of Congress authorizing federal participation with the various states in projects for the propagation, preservation, and protection of game and fish which assent is hereby continued, the Department of Game, Fish and Parks is expressly authorized and empowered to cooperate with the appropriate agency, department, or commission of the federal government in projects for the propagation, preservation, and protection of game and fish and to use and expend funds of the department in connection with like appropriations of the federal government for such projects.
Source:
SDC 1939, §25.0201.
2023 South Dakota Codified Laws › Title 41 - Game, Fish, Parks and Forestry › Chapter 03 - State And Federal Conservation Activities › Section 41-3-4 - Assent to federal wildlife restoration act--Cooperation in projects--Hunting license fees committed.

41-3-4. Assent to federal wildlife restoration act--Cooperation in projects--Hunting license fees committed.
The State of South Dakota hereby assents to the provisions of the act of Congress entitled "An Act to provide that the United States shall aid the states in wildlife-restoration projects, and for other purposes," approved September 2, 1937, (Public Law 415, 75th Congress, 1st session) and the Department of Game, Fish and Parks is hereby authorized, empowered, and directed to perform such acts as may be necessary to the conduct and establishment of cooperative wildlife-restoration projects, as defined in said act of Congress, in compliance with said act and rules and regulations promulgated by the secretary of the interior thereunder; and no moneys accruing to the State of South Dakota from license fees paid by hunters shall be diverted for any other purpose than the administration of the Department of Game, Fish and Parks.
Source:
SL 1939, ch 100; SDC Supp 1960, §25.0203.
2023 South Dakota Codified Laws › Title 41 - Game, Fish, Parks and Forestry › Chapter 03 - State And Federal Conservation Activities › Section 41-3-4.1 - Wildlife mitigation condemnations to be restricted to direct beneficiaries of project--Federal contracts--Missouri River reservoirs excepted.

41-3-4.1. Wildlife mitigation condemnations to be restricted to direct beneficiaries of project--Federal contracts--Missouri River reservoirs excepted.
It is the policy of this state that the federal government should not acquire land by condemnation for wildlife mitigation, except for land owned by direct beneficiaries of the project of which the wildlife mitigation is a part. The Legislature, state agencies, and the Governor may not support funding or enter into any contractual agreement for construction with the federal government for any project that does not meet the provisions of this section.
This section does not apply to any mitigation acquisition resulting from construction of the Missouri River reservoirs.
Source:
SL 1978, ch 294; SL 2009, ch 206, §25.
2023 South Dakota Codified Laws › Title 41 - Game, Fish, Parks and Forestry › Chapter 03 - State And Federal Conservation Activities › Section 41-3-5 - Assent to federal recreation and fish and wildlife act--Cooperation in management of fish, wildlife, and recreation areas.

41-3-5. Assent to federal recreation and fish and wildlife act--Cooperation in management of fish, wildlife, and recreation areas.
The State of South Dakota hereby assents to the provisions of the act of Congress entitled, "An Act to provide uniform policies with respect to recreation and fish and wildlife benefits and costs of federal multiple-purpose water resource projects, and for other purposes," approved July 9, 1965 (Public Law 89-72, 89th Congress). The Department of Game, Fish and Parks shall perform such acts in cooperation with the United States government and all other legal entities as may be necessary to the establishment and management of fish, wildlife, and recreation areas as defined in the act of Congress in compliance with the act and rules and regulations promulgated by the secretary of the interior under the act.
Source:
SL 1967, ch 91; SL 2009, ch 206, §26.
2023 South Dakota Codified Laws › Title 41 - Game, Fish, Parks and Forestry › Chapter 03 - State And Federal Conservation Activities › Section 41-3-6 - Assent to federal acquisition of property for migratory bird conservation.

41-3-6. Assent to federal acquisition of property for migratory bird conservation.
So that the United States may acquire by deed or other instrument of conveyance, areas of land, water, or land and water within this state for the better protection of desirable migratory birds, the State of South Dakota hereby consents to the acquisition by deed or other instrument of conveyance by the United States, of land, water, or land and water within this state, under the terms of the federal "Migratory Bird Conservation Act" of 1929.
Source:
SDC 1939, §25.0202.
2023 South Dakota Codified Laws › Title 41 - Game, Fish, Parks and Forestry › Chapter 03 - State And Federal Conservation Activities › Section 41-3-7 - Purchase and exchange of animals, birds, and fish for breeding purposes.

41-3-7. Purchase and exchange of animals, birds, and fish for breeding purposes.
The Department of Game, Fish and Parks may secure by purchase or otherwise, game animals, birds, and fish, and fur-bearing animals, and exchange specimens of any of the same with the game commission or similar otherwise designated government agency or department of other states of the United States, or any foreign country, for breeding purposes, and not otherwise.
Source:
SDC 1939, §25.0120; SL 1971, ch 232.
2023 South Dakota Codified Laws › Title 41 - Game, Fish, Parks and Forestry › Chapter 03 - State And Federal Conservation Activities › Section 41-3-8 - Enforcement of laws for protection and propagation of animals, birds, and fish.

41-3-8. Enforcement of laws for protection and propagation of animals, birds, and fish.
The Department of Game, Fish and Parks shall enforce the laws of this state involving the protection and propagation of all game animals, game birds, fish, and harmless birds and animals.
Source:
SDC 1939, §25.0107.
2023 South Dakota Codified Laws › Title 41 - Game, Fish, Parks and Forestry › Chapter 03 - State And Federal Conservation Activities › Section 41-3-9 - Permission for scientific collection of protected birds, animals, and fish--Resale prohibited.

41-3-9. Permission for scientific collection of protected birds, animals, and fish--Resale prohibited.
The Game, Fish and Parks Commission may grant permission under its seal to any accredited representative of any incorporated society of natural history to collect for scientific purposes only, nests, eggs, birds, animals, or fish protected by this title. Such specimens may not be sold or transferred.
Source:
SDC 1939, §25.0120; SL 2009, ch 206, §27.
2023 South Dakota Codified Laws › Title 41 - Game, Fish, Parks and Forestry › Chapter 03 - State And Federal Conservation Activities › Section 41-3-10 - Management of fish hatcheries.

41-3-10. Management of fish hatcheries.
The Department of Game, Fish and Parks has charge of the construction, control, and management of all fish hatcheries, including the control of grounds owned or leased for such purposes.
Source:
SDC 1939, §25.0107 (3); SL 2009, ch 206, §28.
2023 South Dakota Codified Laws › Title 41 - Game, Fish, Parks and Forestry › Chapter 03 - State And Federal Conservation Activities › Section 41-3-11 - Assent to federal fish restoration and management act--Cooperative projects--Fishing license fees committed.

41-3-11. Assent to federal fish restoration and management act--Cooperative projects--Fishing license fees committed.
The State of South Dakota hereby assents to the provisions of the act of Congress entitled, "An Act to provide that the United States shall aid the states in fish restoration and management projects, and for other purposes," approved August 9, 1950 (Public Law 681, 81st Congress). The Department of Game, Fish and Parks shall perform such acts as may be necessary to the conduct and establishment of cooperative fish restoration projects, as defined in the act of Congress, in compliance with the act and rules and regulations promulgated by the secretary of the interior under the act. No funds accruing to the State of South Dakota from license fees paid by fishermen may be diverted for any other purpose than the administration of the Department of Game, Fish and Parks and for the protection, propagation, preservation, and investigation of fish and game.
Source:
SL 1951, ch 130; SDC Supp 1960, §25.0204; SL 2009, ch 206, §29.
2023 South Dakota Codified Laws › Title 41 - Game, Fish, Parks and Forestry › Chapter 03 - State And Federal Conservation Activities › Section 41-3-12 - Receipt and distribution of fish and spawn.

41-3-12. Receipt and distribution of fish and spawn.
The Department of Game, Fish and Parks has charge of the receiving from the United States Fish and Wildlife Service or other persons, and the gathering, purchase, and distribution to the waters of this state of fish, fish spawn, and fry.
Source:
SDC 1939, §25.0107 (4); SL 2009, ch 206, §30.
2023 South Dakota Codified Laws › Title 41 - Game, Fish, Parks and Forestry › Chapter 03 - State And Federal Conservation Activities › Section 41-3-13 - Propagation and stocking of fishing waters--Stocking of game animals and birds.

41-3-13. Propagation and stocking of fishing waters--Stocking of game animals and birds.
The Department of Game, Fish and Parks has charge of the taking of fish from public waters of the state for the propagation and stocking of other waters in the state and the transferring of game animals or game birds from one section of the state to another for stocking purposes.
Source:
SDC 1939, §25.0107 (5); SL 2009, ch 206, §31.
2023 South Dakota Codified Laws › Title 41 - Game, Fish, Parks and Forestry › Chapter 03 - State And Federal Conservation Activities › Section 41-3-14 - Obstruction of departmental fish management activities--Obstruction of waters--Disturbance of departmental devices--Violation as misdemeanor.

41-3-14. Obstruction of departmental fish management activities--Obstruction of waters--Disturbance of departmental devices--Violation as misdemeanor.
It is a Class 2 misdemeanor for any person to obstruct any appointee or employee of the Department of Game, Fish and Parks who is engaged in assigned duties of gathering fish spawn, collecting or killing fish, or any other activities undertaken to carry out the department's duties and responsibilities of managing the fisheries resources of the state. It is a Class 2 misdemeanor for any person to place in public waters any logs or other debris or objects if such action may impede the accomplishment of assigned duties by departmental appointees or employees. It is a Class 2 misdemeanor for any person to move, handle, or disturb any net or other device used by department appointees or employees for the purpose of carrying out assigned duties.
Source:
SDC 1939, §25.0612 as enacted by SL 1961, ch 120, §2; SL 1977, ch 190, §545; SL 2009, ch 206, §32.
2023 South Dakota Codified Laws › Title 41 - Game, Fish, Parks and Forestry › Chapter 04 - Land Acquisition And Management By State › Section 41-4-1 - Acquisition of private property authorized--Condemnation resolution and proceedings.

41-4-1. Acquisition of private property authorized--Condemnation resolution and proceedings.
The Department of Game, Fish and Parks may acquire or condemn private property if the property is necessary to carry out the purposes and intent of this title. If the Game, Fish and Parks Commission deems it necessary to take or condemn any private property for such purposes, the commission shall by proper resolution declare such necessity, stating the purpose and extent of the action. The commission shall communicate the resolution to the attorney general, and thereupon the proceedings to take or condemn the property shall be conducted as provided by the laws of this state in the name of the state as plaintiff.
Source:
SDC 1939, §25.0117; SL 2009, ch 206, §33.
2023 South Dakota Codified Laws › Title 41 - Game, Fish, Parks and Forestry › Chapter 04 - Land Acquisition And Management By State › Section 41-4-1.1 - Notice to landowner required prior to purchase of land.

41-4-1.1. Notice to landowner required prior to purchase of land.
Before the Department of Game, Fish and Parks purchases any land pursuant to §41-2-19, 41-2-21, 41-2-24, 41-4-1, or 41-4-3 the department shall notify the owners of any land, which is located adjacent to the land sought to be purchased by the department, that the department is seeking to purchase such land. The notification shall be by publishing notice of the same once in each legal newspaper of the county in which the property to be purchased is located. The notification shall be made at least thirty days prior to the date of action by the Game, Fish and Parks Commission authorizing the intended purchase. The notice shall include the time and location of the meeting at which the commission's action is expected and instructions for presenting oral and written comments to the commission.
Source:
SL 1992, ch 295.
2023 South Dakota Codified Laws › Title 41 - Game, Fish, Parks and Forestry › Chapter 04 - Land Acquisition And Management By State › Section 41-4-2 - Condemnation costs payable from departmental fund--Vouchers and warrants.

41-4-2. Condemnation costs payable from departmental fund--Vouchers and warrants.
Payment for lands acquired by eminent domain, including the cost and expenses of condemnation proceedings, shall be paid out of the Department of Game, Fish and Parks fund, and such part of such fund as may be necessary is hereby appropriated for such purposes, and the state auditor shall issue warrants upon the state treasurer against such fund upon vouchers duly approved by the Game, Fish and Parks Commission.
Source:
SDC 1939, §25.0118.
2023 South Dakota Codified Laws › Title 41 - Game, Fish, Parks and Forestry › Chapter 04 - Land Acquisition And Management By State › 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.

41-4-3. Nonresident small game license fees paid into land acquisition and development fund--Use for game production areas and public shooting areas.
Three dollars received from the sale of each nonresident small game license shall be placed in a fund to be known as the land acquisition and development fund. The moneys from this fund shall be used for the following purposes:
(1)To acquire by purchase or lease real property to be used primarily for game production. Such real property shall remain open for public hunting;
(2)To pay the salary and any necessary expenses of any employee of the Department of Game, Fish and Parks engaged in the acquisition of such real property;
(3)For improving and maintaining game production areas; and
(4)For the payment of taxes on public shooting areas.
Not more than twenty-five percent of the land acquisition and development fund, after the payment of taxes, may be used for the administration of the fund or for improving and maintaining game production areas.
Source:
SDC 1939, §25.0302 (3) as added by SL 1941, ch 105; SL 1943, ch 91, §2; SL 1945, ch 94; SL 1947, ch 104; SL 1947, ch 105; SL 1949, ch 90, §2; SL 1951, ch 117, §1; SL 1959, ch 110; SDC Supp 1960, §25.0302 (2); SL 1961, ch 116, §2; SL 1987, ch 300, §1; SL 2009, ch 206, §34.
2023 South Dakota Codified Laws › Title 41 - Game, Fish, Parks and Forestry › Chapter 04 - Land Acquisition And Management By State › Section 41-4-4 - Procedure for timber sales.

41-4-4. Procedure for timber sales.
All timber sold from lands under the jurisdiction of the Department of Game, Fish and Parks shall be sold in the manner provided by §§41-4-5 to 41-4-7, inclusive.
Source:
SL 1945, ch 90, §8; SDC Supp 1960, §25.1309 (3); redesignated §25.1308 by SL 1966, ch 73, §2.
2023 South Dakota Codified Laws › Title 41 - Game, Fish, Parks and Forestry › Chapter 04 - Land Acquisition And Management By State › Section 41-4-5 - Timber sales on sealed bids or at auction--Negotiated small sales.

41-4-5. Timber sales on sealed bids or at auction--Negotiated small sales.
The Department of Game, Fish and Parks, at its discretion, may sell timber valued in excess of three hundred dollars either by the filing of sealed bids or at public auction. Sales of timber valued at less than three hundred dollars may be made by negotiation and without the necessity of public notice.
Source:
SDC Supp 1960, §25.1308 as enacted by SL 1966, ch 73, §2.
2023 South Dakota Codified Laws › Title 41 - Game, Fish, Parks and Forestry › Chapter 04 - Land Acquisition And Management By State › Section 41-4-6 - Publication of notice of timber sales--Contents.

41-4-6. Publication of notice of timber sales--Contents.
The Department of Game, Fish and Parks shall publish notice of timber sales in three official newspapers in the county or vicinity in which the timber is located, once each week for at least two consecutive weeks before the sales date. The notice shall set forth the approximate boundaries of the timber sale, the estimated amount of timber to be sold, the time when bids may be filed with the department, and when such bids will be considered if sold on sealed bids, or, if the timber is to be sold by auction, the time and place where the public auction will be held.
Source:
SDC Supp 1960, §25.1308 as enacted by SL 1966, ch 73, §2; SL 1972, ch 28, §15; SL 2009, ch 206, §35.
2023 South Dakota Codified Laws › Title 41 - Game, Fish, Parks and Forestry › Chapter 04 - Land Acquisition And Management By State › Section 41-4-7 - Minimum price of timber sales--Sale to highest bidder--Rejection of bids and readvertisement.

41-4-7. Minimum price of timber sales--Sale to highest bidder--Rejection of bids and readvertisement.
No sale may be made under §§41-4-4 to 41-4-6, inclusive, unless the sum offered is at least ninety percent of the appraised value of the timber as fixed by the state forester, and all sales shall be made to the highest responsible bidder. The Department of Game, Fish and Parks may reject any bids and readvertise the sale if no bid is satisfactory, or if the department believes any agreement has been entered into by the bidders to prevent competition.
Source:
SDC Supp 1960, §25.1308 as enacted by SL 1966, ch 73, §2; SL 1984, ch 276, §5; SL 2009, ch 206, §36.
2023 South Dakota Codified Laws › Title 41 - Game, Fish, Parks and Forestry › Chapter 04 - Land Acquisition And Management By State › Section 41-4-8 - State-owned areas subject to taxation for county, township, and school purposes--Assessment and extension of levies.

41-4-8. State-owned areas subject to taxation for county, township, and school purposes--Assessment and extension of levies.
All state-owned lands, known as public shooting areas, acquired under the provisions of §§41-2-19 to 41-2-21, inclusive, or which may hereafter be so acquired, and all state-owned game production lands or areas and controlled hunting areas, are subject to taxation by the local taxing districts within which the lands are severally located for county, township, and school purposes only.
The lands shall be assessed by the directors of equalization in the same manner as other lands are assessed for taxation. The assessments shall be equalized and the lands entered upon the tax lists for taxation in the same manner as other lands are equalized and entered, but in extending the levy of taxes against the lands, the taxing officer may extend only the levies made by the local taxing districts for county, township, and school purposes.
Source:
SL 1949, ch 429; SL 1957, ch 100; SDC Supp 1960, §25.0123; SL 1961, ch 115; SL 2009, ch 206, §37.
2023 South Dakota Codified Laws › Title 41 - Game, Fish, Parks and Forestry › Chapter 04 - Land Acquisition And Management By State › Section 41-4-9 - Reimbursement of lessees of state-owned land condemned by United States.

41-4-9. Reimbursement of lessees of state-owned land condemned by United States.
If the United States of America condemns and takes by eminent domain any realty owned by the State of South Dakota that is held and administered by the Department of Game, Fish and Parks and if the department has given leases for the property to private parties before the condemnation and taking, the department may reimburse the private parties whose leasehold interest has been taken to fully compensate the private parties for the loss of their leasehold interest. The department may pay out of such funds paid by the United States of America such amounts to the private parties as are established by the appraised value of the leasehold interest by the United States of America, or any agency of the United States, and are agreed as acceptable by the private parties. Upon receipt of payment, the private parties shall give a release to the State of South Dakota, releasing the state from all further claims for payment for damages to the leasehold interests.
Source:
SL 1959, ch 303; SDC Supp 1960, §25.0106-3; SL 2009, ch 206, §38.
2023 South Dakota Codified Laws › Title 41 - Game, Fish, Parks and Forestry › Chapter 04 - Land Acquisition And Management By State › Section 41-4-10 - Use of unused section-line roads for game production--Notice and cooperation by eastern political subdivisions.

41-4-10. Use of unused section-line roads for game production--Notice and cooperation by eastern political subdivisions.
The Department of Game, Fish and Parks may acquire by gift or lease, from willing landowners, the right to maintain unused, terminated, or abandoned section-line rights-of-way as game production areas. This section does not apply to section lines where roads have never been developed. No such interest acquired by the department may prevent a roadway from being reopened to public travel.
Every political subdivision of the state east of the Missouri River having highways or roadways under its jurisdiction may notify the Department of Game, Fish and Parks of any of its developed rights-of-way that are not being maintained as public highways or roads and shall cooperate with the department in acquiring and maintaining such rights-of-way for use as game production areas.
Source:
SL 1977, ch 325; SL 2009, ch 206, §39.
2023 South Dakota Codified Laws › Title 41 - Game, Fish, Parks and Forestry › Chapter 04 - Land Acquisition And Management By State › Section 41-4-11 - Supervision of certain islands in Missouri River--Purposes of use--Sand and gravel contracts.

41-4-11. Supervision of certain islands in Missouri River--Purposes of use--Sand and gravel contracts.
Any island or accumulation of land formed in the bed of a navigable stream or meandered lake on the Missouri River below the Fort Randall Power Plant and Lake Francis Case, belonging to the state as provided by §5-2-4, is under the supervision of the secretary of the Department of Game, Fish and Parks. The secretary shall administer such lands primarily for wildlife habitat or public recreation or both. In addition, the secretary may enter into contracts with persons desiring to take sand, silt, or gravel from such lands upon such terms and conditions and terms of payment to the State of South Dakota as the secretary may determine. No contract may give any person any exclusive privilege thereunder.
Source:
SL 1981, ch 296, §1; SL 1984, ch 273, §42.
2023 South Dakota Codified Laws › Title 41 - Game, Fish, Parks and Forestry › Chapter 04 - Land Acquisition And Management By State › Section 41-4-12 - "Hunting guide" defined.

41-4-12."Hunting guide" defined.
For purposes of this section and §41-4-13, a hunting guide is a person who holds himself or herself out to the public as a hunting guide and, for compensation or remuneration, directs or provides services to any person for the purpose of hunting any wild animal.
Source:
SL 1998, ch 259, §2.
2023 South Dakota Codified Laws › Title 41 - Game, Fish, Parks and Forestry › Chapter 04 - Land Acquisition And Management By State › Section 41-4-13 - Hunting guide activities barred from certain state-owned or state-managed areas--Violations.

41-4-13. Hunting guide activities barred from certain state-owned or state-managed areas--Violations.
No person, acting as a hunting guide as defined in §41-4-12, may guide any hunting activity on state-owned or managed game production areas, state parks, recreation areas, and lakeside use areas, federal land leased or under agreement to the state which is posted as a game production area and managed for wildlife purposes, or private land leased or under agreement to the department for the purpose of providing public access, or on highways or other public rights-of-way within this state that otherwise meet the requirements of §41-9-1.3, except that a hunting guide or employees of a hunting guide may guide a hunting activity on the road right-of-way immediately adjacent to property owned or leased by the hunting guide. A violation of this section is a Class 1 misdemeanor.
Source:
SL 1998, ch 259, §1.
2023 South Dakota Codified Laws › Title 41 - Game, Fish, Parks and Forestry › Chapter 06 - Game And Fish Licenses And Permits › Section 41-6-1 - Exempt persons--Conditions and rules.

41-6-1. Exempt persons--Conditions and rules.
Persons who are exempt from the requirements for obtaining the licenses specified by this chapter are still required to abide by the other conditions required by statute, the conditions of a license, as if they were licensed, and the rules of the Game, Fish and Parks Commission and are subject to the same criminal penalties for the violations thereof.
Source:
SDC 1939, §§25.0301, 25.0308; SL 1959, ch 109, §1; SL 1961, ch 116, §1; SL 1991, ch 337, §6.
2023 South Dakota Codified Laws › Title 41 - Game, Fish, Parks and Forestry › Chapter 06 - Game And Fish Licenses And Permits › Section 41-6-2 - License not required to hunt certain animals or fish on owned or leased land during open season.

41-6-2. License not required to hunt certain animals or fish on owned or leased land during open season.
A resident of this state may hunt or take in a lawful manner fox squirrel, grey squirrel, red squirrel, cottontail rabbit, game birds, or fish during an open season on land or waters on land owned or leased by the resident without first securing a license to do so. Notwithstanding any other provisions of law, a resident is not in violation of any season, daily, or possession limit established for the species of fish in a man-made water body on land owned by the resident provided the resident owns the bed of the water body in its entirety, and the fish taken remain on the resident's land, unless said body of water has been stocked or managed by the Department of Game, Fish and Parks within the past five years.
Source:
SDC 1939, §25.0308 (1); SL 1943, ch 92; SL 2007, ch 239, §1; SL 2017, ch 183, §1.
2023 South Dakota Codified Laws › Title 41 - Game, Fish, Parks and Forestry › Chapter 06 - Game And Fish Licenses And Permits › Section 41-6-3 - License not required to hunt fur-bearing animals on own land during open season.

41-6-3. License not required to hunt fur-bearing animals on own land during open season.
A resident of this state may catch, trap, or kill protected fur-bearing animals upon land occupied by him without obtaining a license so to do, during any period when hunting, catching, taking, trapping, or killing such animals is permitted.
Source:
SDC 1939, §25.0308 (4).
2023 South Dakota Codified Laws › Title 41 - Game, Fish, Parks and Forestry › Chapter 06 - Game And Fish Licenses And Permits › Section 41-6-4 - Fur-bearing license not required--Resident under eighteen.

41-6-4. Fur-bearing license not required--Resident under eighteen.
A license to take fur-bearing animals is not required of a resident of this state less than eighteen years old to exercise the rights and privileges of the holder of such a license.
Source:
SDC 1939, §25.0308 (3); SL 1959, ch 113, §2; SL 2009, ch 206, §44; SL 2021, ch 184, § 1.
2023 South Dakota Codified Laws › Title 41 - Game, Fish, Parks and Forestry › Chapter 06 - Game And Fish Licenses And Permits › Section 41-6-5 - License not required to kill raccoons, skunks, fox, and badger doing damage.

41-6-5. License not required to kill raccoons, skunks, fox, and badger doing damage.
Raccoon, skunk, fox, and badger may be killed by a property owner, lessee, or the property owner's or lessee's agent at any time without a license if the animal is doing damage around buildings or causing injury to livestock or poultry.
Source:
SDC 1939, §25.0308 (5); SL 1979, ch 277, §2; SL 2009, ch 206, §45.
2023 South Dakota Codified Laws › Title 41 - Game, Fish, Parks and Forestry › Chapter 06 - Game And Fish Licenses And Permits › Section 41-6-6 - Fishing license not required--Individuals under eighteen.

41-6-6. Fishing license not required--Individuals under eighteen.
A license to fish, to the extent and in the manner permitted by a fishing license, is not required of any person less than eighteen years old.
Source:
SDC 1939, §25.0308 (2); SL 1959, ch 113, §2; SL 2009, ch 206, §46; SL 2021, ch 184, § 2.
2023 South Dakota Codified Laws › Title 41 - Game, Fish, Parks and Forestry › Chapter 06 - Game And Fish Licenses And Permits › Section 41-6-7 - Entry of unlicensed person onto boundary waters from South Dakota for hunting or fishing as misdemeanor.

41-6-7. Entry of unlicensed person onto boundary waters from South Dakota for hunting or fishing as misdemeanor.
It is a Class 2 misdemeanor for any person to enter upon or into any boundary river, stream, or lake from the South Dakota side of such waters for the purpose of hunting, fishing, or taking of any protected game, fish, or wild fowl therefrom without having first lawfully obtained a South Dakota hunting or fishing license.
Source:
SL 1955, ch 88, §1; SDC Supp 1960, §25.0429 (1); SL 1977, ch 190, §548.
2023 South Dakota Codified Laws › Title 41 - Game, Fish, Parks and Forestry › Chapter 06 - Game And Fish Licenses And Permits › Section 41-6-8 - Nonresident without license--Hunting or fishing on boundary waters--Carrying game into South Dakota--Violation as misdemeanor--Exception.

41-6-8. Nonresident without license--Hunting or fishing on boundary waters--Carrying game into South Dakota--Violation as misdemeanor--Exception.
Except as provided in § 41-6-6, it is a Class 2 misdemeanor for any nonresident of the State of South Dakota to take, shoot, or kill, in any manner whatsoever, any protected game, fish, or wildfowl on any boundary river, stream, or lake of the State of South Dakota or to carry or transport from such waters onto the South Dakota side of such waters, without first having lawfully obtained a valid and applicable South Dakota nonresident small game, big game, wild turkey, waterfowl, fishing, bait dealer, or predator license and having fully complied with all other laws of the State of South Dakota relating to or concerning the transportation, shipping, or carrying of protected game, fish, or wildfowl.
Source:
SL 1955, ch 88, §2; SDC Supp 1960, §25.0429 (2); SL 1969, ch 100; SL 1977, ch 190, §549; SL 1990, ch 332, §3; SL 2021, ch 184, § 3.
2023 South Dakota Codified Laws › Title 41 - Game, Fish, Parks and Forestry › Chapter 06 - Game And Fish Licenses And Permits › Section 41-6-10 - Licenses, stamps, and permits enumerated--Fees set by commission.

41-6-10. Licenses, stamps, and permits enumerated--Fees set by commission.
Licenses, permits, and stamps issued under this title are classified as follows:
(1)Disabled hunter permit;
(2)Export bait dealer license;
(2A)Fall three-day temporary nonresident waterfowl license;
(3)Fur dealer's license;
(4)Hoop net, trap, or setline license;
(5)License for breeding and domesticating animals and birds;
(6)Resident license to take fur-bearing animals;
(6A)Reciprocal nonresident license to take fur-bearing animals;
(7)Nonresident big game license;
(8)Nonresident fishing license;
(9)Nonresident predator/varmint license;
(10)Repealed by SL 1999, ch 213, §3.
(11)Nonresident retail bait dealer license;
(12)Nonresident shooting preserve license;
(13)Nonresident small game license;
(14)Nonresident and resident migratory bird certification permit;
(15)Nonresident wholesale bait dealer license;
(16)Nonresident wild turkey license;
(17)Nursing facility group fishing license;
(18)Park user's license;
(19)Permit for transportation of big game animal;
(20)Private fish hatchery license;
(21)Resident big game license;
(22)Resident elk license;
(23)Resident fishing license and resident senior fishing license;
(24)Repealed by SL 1999, ch 213, §3.
(25)Resident retail bait dealer license;
(26)Resident small game license and resident youth small game license;
(27)Resident predator/varmint license;
(28)Resident wholesale bait dealer license;
(29)Resident wild turkey license;
(30)Scientific collector's license;
(31)Special nonresident waterfowl license;
(32)Repealed by SL 1999, ch 213, §3.
(33)Taxidermist's license;
(33A)Spring snow goose temporary nonresident license;
(33B)Early fall Canada goose temporary nonresident license;
(34)Temporary fishing and hunting licenses.
The rights and privileges of such licensees are set forth in §§41-6-12 to 41-6-45.1, inclusive, and in §41-17-13. The Game, Fish and Parks Commission shall promulgate rules pursuant to chapter 1-26 to set the fees, eligibility, and duration for such licenses.
Source:
SDC 1939, §25.0302; SL 1941, ch 105; SL 1947, ch 108; SL 1953, ch 99, §3; SL 1961, ch 116, §§2, 3; SL 1965, ch 109, §§1, 2; SL 1965, ch 110, §§1, 2; SL 1966, ch 69, §3; SL 1967, ch 81, §1; SL 1968, ch 99, §§2 to 4; SL 1969, ch 95; SL 1969, ch 96, §1; SL 1971, ch 233, §1; SL 1976, ch 257, §4; SL 1977, ch 327, §§1, 2; SL 1978, ch 298, §3; SL 1979, ch 278, §1; SL 1979, ch 280, §4; SL 1984, ch 29, §5A; SL 1985, ch 324, §10; SL 1986, ch 343, §1; SL 1988, ch 334, §§6-8; SL 1989, ch 30, §67; SL 1989, ch 354, §2; SL 1990, ch 332, §1; SL 1991, ch 337, §7; SL 1991, ch 340, §1; SL 1998, ch 252, §6; SL 1998, ch 255, §3; SL 1998, ch 255, §4; SL 1999, ch 213, §3; SL 2000, ch 205, §1; SL 2003, ch 219, §1; SL 2011, ch 191, §2.
2023 South Dakota Codified Laws › Title 41 - Game, Fish, Parks and Forestry › Chapter 06 - Game And Fish Licenses And Permits › Section 41-6-10.1 - Combination licenses--Issuance.

41-6-10.1. Combination licenses--Issuance.
The Department of Game, Fish and Parks may issue combination licenses comprised of those licenses authorized pursuant to this chapter. The fee for this combination license may be less than the sum of the fees charged for the component licenses if issued separately.
Source:
SL 1979, ch 276, §§1, 2; SL 1984, ch 273, §46; SL 1988, ch 332.
2023 South Dakota Codified Laws › Title 41 - Game, Fish, Parks and Forestry › Chapter 06 - Game And Fish Licenses And Permits › Section 41-6-10.2 - Certain disabled residents and residents held as prisoners of war eligible for reduced license fees.

41-6-10.2. Certain disabled residents and residents held as prisoners of war eligible for reduced license fees.
Any resident who meets the requirements of this section may apply to the licensing office of the Department of Game, Fish and Parks in Pierre and receive a resident small game license and a resident fishing license upon payment of a reduced fee to be established by the Game, Fish and Parks Commission in rules promulgated pursuant to chapter 1-26. A resident is eligible for the reduced fee if the resident:
(1)Receives a veterans allotment for a forty percent or more disability which is deemed a service-connected injury or has received the United States Veterans' Administration K Award;
(2)Has served on active duty in the armed forces of the United States or has served as a member of the armed forces reserve or national guard, and the resident is forty percent or more disabled for the purposes of receiving social security benefits;
(3)Was held as a prisoner of war; or
(4)Has a total disability as defined by rules promulgated by the Game, Fish and Parks Commission.
The resident small game license and the resident fishing license are valid for a period of four calendar years if the licensee remains a resident of the state. A veteran may provide proof at the time of application of receipt of such an allotment, social security disability benefits, or award. Any other applicant shall provide proof of any disability on a form provided by the Department of Game, Fish and Parks.
Source:
SL 1986, ch 348; SL 1989, ch 30, §68; SL 1990, ch 333; SL 1991, ch 338; SL 1993, ch 309, §1; SL 1994, ch 322; SL 1998, ch 252, §7; SL 1999, ch 211, §1; SL 2004, ch 262, §1; SL 2016, ch 208, §1.
2023 South Dakota Codified Laws › Title 41 - Game, Fish, Parks and Forestry › Chapter 06 - Game And Fish Licenses And Permits › Section 41-6-12 - Resident and nonresident licenses and preference points--Minimum age.

41-6-12. Resident and nonresident licenses and preference points--Minimum age.
Any person who is a resident of this state, as defined by this title, qualifies as a resident for securing a resident hunting or fishing license or preference point. A person who is not a resident of this state, as defined by this title, shall secure an applicable nonresident hunting and fishing license or preference point. No person under the age of twelve years may be granted a hunting license. A person who is ten years of age or older may be granted a hunting preference point. A person who is eleven years of age and who will become twelve years of age during the period of September first to December thirty-first, inclusive, may be granted a hunting license or preference point and may be allowed to hunt beginning September first.
Source:
SDC 1939, §25.0301 as added by SL 1959, ch 109, §1; SL 1961, ch 116, §1; SL 1968, ch 99, §1; SL 1979, ch 278, §3; SL 1990, ch 332, §4; SL 1992, ch 296, §1; SL 1998, ch 252, §9; SL 2007, ch 241, §3; SL 2018, ch 250, §1.
2023 South Dakota Codified Laws › Title 41 - Game, Fish, Parks and Forestry › Chapter 06 - Game And Fish Licenses And Permits › Section 41-6-13 - Hunting license for minor less than sixteen--Restrictions and requirements--Violation as misdemeanor.

41-6-13. Hunting license for minor less than sixteen--Restrictions and requirements--Violation as misdemeanor.
If a hunting license is granted to a person who is under sixteen years of age, the licensee shall be accompanied by a parent, guardian, or responsible adult, and is valid for the license year as provided by the applicable license and rules promulgated by the Game, Fish and Parks Commission pursuant to chapter 1-26. A violation of this section is a Class 2 misdemeanor.
Source:
SDC 1939, §25.0306 (3); SL 1941, ch 106; SL 1949, ch 91; SL 1953, ch 103, §3; SL 1963, ch 137; SL 1979, ch 278, §4; SL 1992, ch 297; SL 1996, ch 249; SL 1998, ch 252, §10; SL 2002, ch 193, §1; SL 2021, ch 184, § 4.
2023 South Dakota Codified Laws › Title 41 - Game, Fish, Parks and Forestry › Chapter 06 - Game And Fish Licenses And Permits › Section 41-6-14 - Safety instruction required for licensing of child under sixteen--Fee waived.

41-6-14. Safety instruction required for licensing of child under sixteen--Fee waived.
Any person between the ages of eleven years and sixteen years shall first comply with the provisions of chapter 41-7, pertaining to firearms safety, before being granted a resident hunting license or the applicable nonresident hunting licenses.
Source:
SDC 1939, §25.0301 as added by SL 1959, ch 109, §1; SL 1961, ch 116, §1; SL 1968, ch 99, §1; SL 1975, ch 263, §1; SL 1976, ch 258, §1; SL 1979, ch 278, §5; SL 1985, ch 15, §53; SL 1986, ch 344, §1; SL 1990, ch 332, §5; SL 1992, ch 296, §2; SL 1998, ch 252, §11.
2023 South Dakota Codified Laws › Title 41 - Game, Fish, Parks and Forestry › Chapter 06 - Game And Fish Licenses And Permits › Section 41-6-16 - Resident licenses, permits, and stamps for hunting of small game, migratory birds, and migratory waterfowl--Violation as misdemeanor.

41-6-16. Resident licenses, permits, and stamps for hunting of small game, migratory birds, and migratory waterfowl--Violation as misdemeanor.
It is a Class 2 misdemeanor for a resident to hunt small game without a resident small game license or resident youth small game license, or in violation of the rules of the Game, Fish and Parks Commission or §41-11-5. It is a Class 2 misdemeanor for a resident to hunt dove, sandhill crane, and snipe without a migratory bird certification permit and a resident small game license or a resident youth small game license, or in violation of the rules of the Game, Fish and Parks Commission. It is a Class 2 misdemeanor for a person to hunt migratory waterfowl without the applicable small game license, a migratory bird certification permit, and a federal migratory bird stamp.
Source:
SDC 1939, §25.0302 (1); SL 1941, ch 105; SL 1949, ch 90, §1; SL 1951, ch 118; SL 1961, ch 116, §2; SL 1968, ch 99, §2; SL 1975, ch 263, §3; SL 1977, ch 327, §3; SL 1979, ch 278, §8; SL 1984, ch 29, §5C; SL 1986, ch 343, §2; SL 1989, ch 30, §69; SL 1991, ch 337, §8; SL 1998, ch 252, §13; SL 2000, ch 203, §2.
2023 South Dakota Codified Laws › Title 41 - Game, Fish, Parks and Forestry › Chapter 06 - Game And Fish Licenses And Permits › Section 41-6-16.2 - License not required of resident on active duty in U.S. armed forces--Exception for migratory bird hunting.

41-6-16.2.License not required of resident on active duty in U. S. armed forces--Exception for migratory bird hunting.
Any resident who is on active duty in the armed forces of the United States and who is stationed at a location outside the state may fish and hunt small game without payment of a fee or the applicable hunting and fishing license authorizing the activity. However, if the resident is hunting migratory birds, the resident shall obtain a migratory bird certification permit and federal migratory bird stamp. While engaged in the permitted activity, the resident shall possess and display appropriate military orders indicating the resident is on active duty stationed outside of South Dakota and a valid military identification card. This section does not apply to any person who is serving on active duty for training as a member of the armed forces reserve or National Guard.
Source:
SL 2003, ch 221, §1; SL 2008, ch 216, §6.