reglab/statecodes huggingface dataset:
2023 South Dakota Codified Laws › Title 41 - Game, Fish, Parks and Forestry › Chapter 01 - Definitions And General Provisions › Section 41-1-1.4 - Definition of nontrophy animals.

41-1-1.4. Definition of nontrophy animals.
For purposes of this chapter, any antelope, mule deer, white-tailed deer, or elk not defined as a trophy is considered nontrophy.
Source:
SL 2010, ch 206, §2.
2023 South Dakota Codified Laws › Title 41 - Game, Fish, Parks and Forestry › Chapter 01 - Definitions And General Provisions › Section 41-1-2 - Game birds, animals, and fish as property of state.

41-1-2. Game birds, animals, and fish as property of state.
No person may acquire any property in, or subject to dominion or control, any game bird, game animal, or game fish, or any part thereof. Game birds, game animals, and game fish are the property of the state, except as provided by §41-1-3.
Source:
SDC 1939, §25.0411; SL 2009, ch 206, §1.
2023 South Dakota Codified Laws › Title 41 - Game, Fish, Parks and Forestry › Chapter 01 - Definitions And General Provisions › Section 41-1-3 - Lawful use of game bird, animal, or fish.

41-1-3. Lawful use of game bird, animal, or fish.
Any person who kills, catches, or takes any game bird, game animal, or game fish in the manner provided by law or rules promulgated by the Game, Fish and Parks Commission, for the purposes authorized by law, and during the periods when their killing is not prohibited, may use the game bird, game animal, or game fish during the time, in the manner, and for the purposes expressly authorized by law.
Source:
SDC 1939, §25.0411; SL 2009, ch 206, §2.
2023 South Dakota Codified Laws › Title 41 - Game, Fish, Parks and Forestry › Chapter 01 - Definitions And General Provisions › Section 41-1-4 - Wanton waste or destruction of protected birds, animals and fish prohibited--Violation as misdemeanor.

41-1-4. Wanton waste or destruction of protected birds, animals and fish prohibited--Violation as misdemeanor.
No person may wantonly waste or destroy any of the birds, animals, or fish of the kinds protected by the laws of this state. A violation of this section is a Class 2 misdemeanor.
Source:
SDC 1939, §25.0417; SL 1992, ch 293, §1.
2023 South Dakota Codified Laws › Title 41 - Game, Fish, Parks and Forestry › Chapter 01 - Definitions And General Provisions › Section 41-1-5 - Forfeiture of right to game by unlawful taking, shipment or possession--State entitled to possession.

41-1-5. Forfeiture of right to game by unlawful taking, shipment or possession--State entitled to possession.
Any person who kills, catches, takes, ships, possesses, or controls any game bird, game animal, or game fish, or any part of any such bird, animal, or fish, at any time or in any manner prohibited by law, thereby forfeits any right to use or possess the bird, animal, or fish, or any part thereof. The state is entitled to the sole possession of the bird, animal, or fish.
Source:
SDC 1939, §25.0411; SL 2009, ch 206, §3.
2023 South Dakota Codified Laws › Title 41 - Game, Fish, Parks and Forestry › Chapter 01 - Definitions And General Provisions › Section 41-1-5.1 - Civil damage liability to state for unlawful killing or taking of wild animals--Amount--Return of uninjured animal--Exemption.

41-1-5.1. Civil damage liability to state for unlawful killing or taking of wild animals--Amount--Return of uninjured animal--Exemption.
Any person, other than a minor under the age of sixteen years, who willfully and unlawfully kills, destroys, takes, or possesses in this state any wild animal designated by this section:
(1)Without an applicable and valid big game or small game license;
(2)At a time or place when and where taking or possession of such regulated wild animal is prohibited;
(3)In excess of the legal limit of big game if exceeded by one or more; or
(4)In excess of the legal daily or possession limit of small game bird or fish if exceeded by two or more;
is liable to the state for civil damages.
The civil damages are five thousand dollars for each nontrophy elk, mountain lion, or buffalo; ten thousand dollars for each mountain goat or mountain sheep; one thousand dollars for each nontrophy mule deer, nontrophy white-tailed deer, nontrophy antelope, or bobcat; two hundred dollars for each turkey; two hundred dollars for each paddlefish; one hundred dollars for each small game bird; and fifty dollars for each fish for any species, other than paddlefish, with an established daily limit of less than twenty-five. The civil damages for each trophy antelope, trophy mule deer, and trophy white-tailed deer as defined in §41-1-1.3 may not be less than two thousand dollars and may not exceed five thousand dollars, and the civil damages for each trophy elk as defined in §41-1-1.3 may not be less than six thousand dollars and may not exceed ten thousand dollars.
If a person has taken or is in possession of more than two times the lawful daily or possession limit of a regulated wild animal, such person is liable for twice the damages provided in this section.
However, the return uninjured of the wild animal to the place where captured, or to such other place as the Department of Game, Fish and Parks may direct, constitutes a discharge of such damages. Moreover, the provisions of this section do not apply to any person, who, after providing written notice received by the Department of Game, Fish and Parks, forty-eight hours in advance, takes reasonable actions to protect the person's land, livestock, or crops from serious and extraordinary damages caused by elk, deer, antelope, wild turkey, or mountain lion. Nothing in this section or any other provision of law prevents any person from taking any action necessary to protect the personal safety of that person or any other person who is in immediate danger of harm from a mountain lion or other animal specified in this section.
Source:
SL 1969, ch 104; SL 1985, ch 321, §2; SL 1998, ch 254, §1; SL 1999, ch 209, §2; SL 2001, ch 227, §1; SL 2010, ch 206, §3.
2023 South Dakota Codified Laws › Title 41 - Game, Fish, Parks and Forestry › Chapter 01 - Definitions And General Provisions › Section 41-1-5.2 - Civil action for recovery of damages for unlawful killing or taking of animals--Effect of criminal conviction or acquittal--Deposit of damages and costs--Collection of judgments--Collection fees.

41-1-5.2. Civil action for recovery of damages for unlawful killing or taking of animals--Effect of criminal conviction or acquittal--Deposit of damages and costs--Collection of judgments--Collection fees.
The liquidated damages provided for in this chapter and taxable costs may be collected by the Department of Game, Fish and Parks in a civil suit brought by it, in the name of the State of South Dakota, against the person claimed to be liable therefor. Conviction of a criminal offense for the same incident leading to the charges specified in §41-1-5.1 is prima facie evidence of the defendant's civil liability. Failure to obtain conviction on a criminal charge is not a bar to a separate civil action for such liquidated damages.
The department, collecting such liquidated damages and taxable costs for wild animals other than trophy antelope, trophy mule deer, trophy white-tailed deer, and trophy elk as defined in §41-1-1.3, shall deposit them in the Department of Game, Fish and Parks fund. Any other public agency or department of the state, collecting liquidated damages and taxable costs for wild animals other than trophy antelope, trophy mule deer, trophy white-tailed deer, and trophy elk as defined by §41-1-1.3, shall remit the moneys collected, less the agreed collection fee, to the state treasurer who shall deposit them in the Department of Game, Fish and Parks fund.
From the civil damages collected for each trophy antelope, trophy mule deer, trophy white-tailed deer, and trophy elk as defined in §41-1-1.3, an amount equal to the liquidated damages for a nontrophy antelope, nontrophy mule deer, nontrophy white-tailed deer, or nontrophy elk as defined in §41-1-1.4, as the case may be, shall be deposited in the Game, Fish and Parks fund with the excess to be deposited in the general fund of the school district in which the trophy animal was illegally taken.
The judgment and liquidated damages may be collected by an agent. Fees to agents authorized to collect on a judgment under this section may not exceed fifty percent of the total amount collected. With approval of the department, agreed collection fees may be deducted from the moneys collected when remitted or may be paid on warrants drawn by the state auditor on itemized vouchers approved by the secretary of game, fish and parks and submitted simultaneously with the moneys collected.
Source:
SL 1969, ch 104; SL 1976, ch 255; SL 1989, ch 351, §1; SL 1989, ch 352, §1; SL 1991, ch 337, §2; SL 1996, ch 5, §3; SL 1997, ch 235, §4; SL 2001, ch 227, §2; SL 2010, ch 206, §4.
2023 South Dakota Codified Laws › Title 41 - Game, Fish, Parks and Forestry › Chapter 01 - Definitions And General Provisions › Section 41-1-5.6 - Statement of liability provisions printed on citations--Acknowledgment noted through specific receipt form--Failure to give required warnings.

41-1-5.6. Statement of liability provisions printed on citations--Acknowledgment noted through specific receipt form--Failure to give required warnings.
A statement generally outlining the civil liability provisions of §41-1-5.1 shall be printed on the reverse of the citation given by an arresting officer at the time of the arrest to the person violating game and fish statutes. Acknowledgment of receipt of the information concerning civil liability by the defendant is to be noted specifically through a specific receipt form to draw attention to civil penalties.
No person who has been prosecuted for a criminal offense may be held liable for civil damages pursuant to §§41-1-5.1 and 41-1-5.2 arising from the same offense or incident if the person has not received the warnings required in this section.
Source:
SL 1985, ch 322, §4; SL 1989, ch 352, §2; SL 2001, ch 227, §6.
2023 South Dakota Codified Laws › Title 41 - Game, Fish, Parks and Forestry › Chapter 01 - Definitions And General Provisions › Section 41-1-5.7 - Disposition of deer and antelope killed by motor vehicle.

41-1-5.7. Disposition of deer and antelope killed by motor vehicle.
If any deer or antelope is killed by a motor vehicle on a public highway, any person who desires to possess that animal shall notify a conservation officer, as defined by §41-15-10, prior to taking possession of the animal. The conservation officer may give a dated and written authorization allowing possession of the animal. The conservation officer may give verbal authorization to take immediate possession of the animal prior to receipt of the written authorization. The written authorization allows the possession and disposal of the animal. The written authorization shall remain with the carcass while in processing or storage. No part of an animal so obtained may be sold, bartered or traded. There is no fee for the issuance of such authorization.
Source:
SL 1992, ch 294.
2023 South Dakota Codified Laws › Title 41 - Game, Fish, Parks and Forestry › Chapter 01 - Definitions And General Provisions › Section 41-1-7 - Fish grown or raised for breeding purposes or sale.

41-1-7. Fish grown or raised for breeding purposes or sale.
For the purposes of sales taxes and commercial motor vehicle licensing and all other classifications and administration of the statutes of the State of South Dakota, the executive orders of the Governor of the State of South Dakota, administrative rules and regulations promulgated pursuant to chapter 1-26, fish grown or raised for breeding purposes for sale to others means:
(1)The fish and the products thereof are agricultural products;
(2)The breeding, raising, producing, or marketing of such fish or their products by the producer is a farming operation;
(3)One who engages in an operation defined by subdivision (2) of this section is a farmer.
Source:
SL 1979, ch 275.
2023 South Dakota Codified Laws › Title 41 - Game, Fish, Parks and Forestry › Chapter 01 - Definitions And General Provisions › Section 41-1-8 - Interference with lawful hunting, trapping, or fishing prohibited--Violation as misdemeanor.

41-1-8. Interference with lawful hunting, trapping, or fishing prohibited--Violation as misdemeanor.
No person may intentionally interfere with any person or group of persons lawfully engaged in the process of taking or attempting to take any game or fish. No person may engage in any activity specifically intended to harass or otherwise prevent the lawful taking of any game or fish. No person may engage in any activity to scare or disturb any game with specific intent to prevent their lawful taking. This section may not be construed to prohibit a landowner from revoking a prior grant of permission to hunt on his land. A violation of any provision of this section is a Class 2 misdemeanor.
Source:
SL 1983, ch 298, §1.
2023 South Dakota Codified Laws › Title 41 - Game, Fish, Parks and Forestry › Chapter 01 - Definitions And General Provisions › Section 41-1-9 - Disobeying order of peace officer to desist from interfering as misdemeanor.

41-1-9. Disobeying order of peace officer to desist from interfering as misdemeanor.
Any person who fails to obey the order of a peace officer to desist from conduct in violation of §41-1-8, if the officer observes such conduct, or has reasonable grounds to believe the person was engaged in such conduct that day or intends to engage in such conduct that day on a specific premises, is guilty of a Class 1 misdemeanor.
Source:
SL 1983, ch 298, §2.
2023 South Dakota Codified Laws › Title 41 - Game, Fish, Parks and Forestry › Chapter 01 - Definitions And General Provisions › Section 41-1-10 - Enjoining interference--Damages allowable.

41-1-10. Enjoining interference--Damages allowable.
The court may enjoin conduct which is in violation of §41-1-8 upon petition by a person affected or who reasonably may be affected by such conduct, upon a showing that such conduct is threatened or that it has occurred on a particular premises in the past and may reasonably be expected to be repeated. The court may award damages to any person adversely affected by a violation of §41-1-8. Damages may include an award for punitive damages, license fees, travel, or other expenses which were rendered futile by preventing the licensee from taking game or fish.
Source:
SL 1983, ch 298, §3.
2023 South Dakota Codified Laws › Title 41 - Game, Fish, Parks and Forestry › Chapter 01 - Definitions And General Provisions › Section 41-1-11 - Certain judgment debtors denied licenses--Automatic revocation pending satisfaction--Violation as misdemeanor.

41-1-11. Certain judgment debtors denied licenses--Automatic revocation pending satisfaction--Violation as misdemeanor.
No person who is subject to an unpaid and unsatisfied judgment in favor of the State of South Dakota for wildlife civil damages as determined in §41-1-5.1 may purchase, attempt to purchase, or possess any South Dakota hunting, fishing, or trapping license. If any person is in violation of this section, such person's hunting, fishing, or trapping licenses and privileges are automatically revoked without hearing until the judgment is paid in full and satisfied. A violation of this section is a Class 1 misdemeanor.
Source:
SL 2001, ch 228, §1.
2023 South Dakota Codified Laws › Title 41 - Game, Fish, Parks and Forestry › Chapter 01 - Definitions And General Provisions › Section 41-1-12 - Euthanasia of animal injured in motor vehicle accident.

41-1-12. Euthanasia of animal injured in motor vehicle accident.
Notwithstanding any other provision of law, any person who has seriously injured a wildlife animal in a motor vehicle accident or any person who comes upon a wildlife animal that has been seriously injured in a motor vehicle accident may euthanize the seriously injured animal so that it will not suffer needlessly if that person has the means, skill, and will to euthanize the animal humanely.
Source:
SL 2013, ch 207, §1.
2023 South Dakota Codified Laws › Title 41 - Game, Fish, Parks and Forestry › Chapter 01 - Definitions And General Provisions › Section 41-1-13 - Report of euthanasia to department.

41-1-13. Report of euthanasia to department.
Any person who euthanizes a wildlife animal pursuant to §41-1-12 shall report the event to the Department of Game, Fish and Parks or any conservation office within twenty-four hours.
Source:
SL 2013, ch 207, §2.
2023 South Dakota Codified Laws › Title 41 - Game, Fish, Parks and Forestry › Chapter 02 - State Department Of Game Fish And Parks › Section 41-2-1 - Department and commission continued.

41-2-1. Department and commission continued.
There is hereby continued the department of state government known as the Department of Game, Fish and Parks, and a commission comprised of eight members, appointed by the Governor as provided in §41-2-3 subject to confirmation by the State Senate.
Source:
SDC 1939, §25.0102; SL 1945, ch 91, §1; SL 1947, ch 116; SL 1949, ch 101; SL 1955, ch 76.
2023 South Dakota Codified Laws › Title 41 - Game, Fish, Parks and Forestry › Chapter 02 - State Department Of Game Fish And Parks › Section 41-2-1.1 - Department continued--Performance of functions.

41-2-1.1. Department continued--Performance of functions.
The Department of Game, Fish and Parks shall continue as the Department of Game, Fish and Parks created by chapter 1-39, and except as provided by §41-2-1.2, all its functions shall be administered as provided by §1-39-5.
Source:
SL 1973, ch 2, §112; SL 1973, ch 264, §6.
2023 South Dakota Codified Laws › Title 41 - Game, Fish, Parks and Forestry › Chapter 02 - State Department Of Game Fish And Parks › Section 41-2-1.2 - Direction and supervision of commission--Independent functions retained.

41-2-1.2. Direction and supervision of commission--Independent functions retained.
The Game, Fish and Parks Commission is administered under the direction and supervision of the Department of Game, Fish and Parks and the secretary of game, fish and parks. However, the commission retains the quasi-judicial, quasi-legislative, advisory, other nonadministrative and special budgetary functions (as defined in §1-32-1) otherwise vested in it and shall exercise those functions independently of the secretary of game, fish and parks.
Source:
SL 1973, ch 2, §113; SL 2009, ch 206, §4.
2023 South Dakota Codified Laws › Title 41 - Game, Fish, Parks and Forestry › Chapter 02 - State Department Of Game Fish And Parks › Section 41-2-2 - Political affiliations of commissioners--Farmer members--Residence and gross income requirements.

41-2-2. Political affiliations of commissioners--Farmer members--Residence and gross income requirements.
Not more than four of the game, fish and parks commissioners may be members of the same political party, and, at the time of their appointment, at least four shall be farmers actually residing on a farm or working primarily on a farm, engaged in agriculture, deriving at least two-thirds of their gross annual incomes from crop or livestock production or both, and interested in wildlife conservation. At the time of their appointment three commissioners shall reside west of the Missouri River and five shall reside east of the Missouri River.
Source:
SDC 1939, §25.0102; SL 1945, ch 91, §1; SL 1947, ch 116; SL 1949, ch 101; SL 1955, ch 76; SL 1966, ch 67; SL 1969, ch 93; SL 1994, ch 321; SL 2009, ch 206, §5; SL 2018, ch 249, §1.
2023 South Dakota Codified Laws › Title 41 - Game, Fish, Parks and Forestry › Chapter 02 - State Department Of Game Fish And Parks › Section 41-2-3 - Terms of office of commissioners--Annual appointments--Restrictions on appointments.

41-2-3. Terms of office of commissioners--Annual appointments--Restrictions on appointments.
The term of office of the game, fish and parks commissioners is four years. The Governor shall preserve:
(1)An arrangement of length of terms whereby two members have terms expiring each year;
(2)A rotation of terms between the republican and democratic parties.
The expiration of terms occurs on the tenth day of January of each year, and all required appointments shall be made by the first day of March. The appointments shall fill all vacancies on the commission arising either by expiration of term or from any other cause. No person may serve on the commission for more than eight years. However, if the person's first appointment is for two years the person may be reappointed thereafter for no more than two additional four-year terms.
Source:
SL 1945, ch 91, §1; SL 1947, ch 116; SL 1949, ch 101; SL 1955, ch 76; SDC Supp 1960, §25.0102; SL 1970, ch 234, §1; SL 1972, ch 223; SL 2009, ch 206, §6.
2023 South Dakota Codified Laws › Title 41 - Game, Fish, Parks and Forestry › Chapter 02 - State Department Of Game Fish And Parks › Section 41-2-4 - Oath and bond of commissioners.

41-2-4.Oath and bond of commissioners.
Each game, fish and parks commissioner shall qualify by taking the oath of office prescribed by S. D. Const., Art. XXI, §3. The commissioner shall give bond to the state in the penal sum of five thousand dollars conditioned upon the faithful discharge of the duties of the office, and shall file the bond with the secretary of state.
Source:
SDC 1939, §25.0102; SL 1945, ch 91, §1; SL 1947, ch 116; SL 1949, ch 101; SL 1955, ch 76; SL 2009, ch 206, §7.
2023 South Dakota Codified Laws › Title 41 - Game, Fish, Parks and Forestry › Chapter 02 - State Department Of Game Fish And Parks › Section 41-2-5 - Removal of commissioner from office--Procedure.

41-2-5. Removal of commissioner from office--Procedure.
The Governor may remove a game, fish and parks commissioner for inefficiency, neglect of duty, or misconduct in office after giving the commissioner a copy of the charges against the commissioner and opportunity to be heard publicly in person or by counsel in his or her own defense, upon not less than ten days' notice. If the commissioner is removed, the Governor shall file in the Office of the Secretary of State a complete statement of all charges made against the commissioner and his or her findings on the charges, together with a complete record of the proceedings.
Source:
SDC 1939, §25.0103; SL 2009, ch 206, §8.
2023 South Dakota Codified Laws › Title 41 - Game, Fish, Parks and Forestry › Chapter 02 - State Department Of Game Fish And Parks › Section 41-2-6 - Filling of vacancies on commission.

41-2-6. Filling of vacancies on commission.
Any vacancy on the Game, Fish and Parks Commission occurring from any cause shall be filled by the Governor for the unexpired term, subject to confirmation by the State Senate at the succeeding regular legislative session.
Source:
SDC 1939, §25.0102; SL 1945, ch 91, §1; SL 1947, ch 116; SL 1949, ch 101; SL 1955, ch 76.
2023 South Dakota Codified Laws › Title 41 - Game, Fish, Parks and Forestry › Chapter 02 - State Department Of Game Fish And Parks › Section 41-2-8 - Annual meeting of commission--Chair and vice chair--Additional meetings.

41-2-8. Annual meeting of commission--Chair and vice chair--Additional meetings.
The Game, Fish and Parks Commission shall hold its annual meeting at the capital to elect a chair and vice chair for the ensuing year, and to transact such other business as may properly come before the meeting. Additional meetings may be held as determined by the commission.
Source:
SDC 1939, §25.0105; SL 1941, ch 103; SL 1945, ch 91, §8; SL 1978, ch 292, §1; SL 2009, ch 206, §9.
2023 South Dakota Codified Laws › Title 41 - Game, Fish, Parks and Forestry › Chapter 02 - State Department Of Game Fish And Parks › Section 41-2-11 - Employment of conservation officers--Qualifications--Career service.

41-2-11. Employment of conservation officers--Qualifications--Career service.
The Department of Game, Fish and Parks may employ an adequate force of conservation officers to enforce the provisions of this title. Each conservation officer shall meet requirements as to education and training of law enforcement officers provided pursuant to chapter 23-3. The provisions of chapter 3-6D apply to each conservation officer.
Source:
SDC 1939, §25.0110; SL 1945, ch 93, §2; SL 1947, ch 102; SL 1949, ch 89, §1; SL 1951, ch 116, §1; SL 1955, ch 77, §1; SL 1957, ch 97, §2; SL 1973, ch 23, §4; SDCL §41-15-10 as added by SL 1973, ch 270; SL 2009, ch 206, §10; SL 2018, ch 12, §23.
2023 South Dakota Codified Laws › Title 41 - Game, Fish, Parks and Forestry › Chapter 02 - State Department Of Game Fish And Parks › Section 41-2-13 - Rangers and park managers as unpaid conservation officers--Emergency appointments.

41-2-13. Rangers and park managers as unpaid conservation officers--Emergency appointments.
All rangers and park managers employed by the department shall be conservation officers without additional compensation. If the emergency exists, the Department of Game, Fish and Parks may appoint additional conservation officers who shall serve without additional compensation and shall have all the powers of other conservation officers.
Source:
SDC 1939, §25.0110; SL 1945, ch 93, §2; SL 1947, ch 102; SL 1949, ch 89, §1; SL 1951, ch 116, §1; SL 1955, ch 77, §1; SL 1957, ch 97, §2; SL 1971, ch 231, §1; SL 1984, ch 276, §2.
2023 South Dakota Codified Laws › Title 41 - Game, Fish, Parks and Forestry › Chapter 02 - State Department Of Game Fish And Parks › Section 41-2-16 - Duties assigned to departmental officers and employees.

41-2-16. Duties assigned to departmental officers and employees.
The officers and employees authorized by this title and any other necessary employees or assistants shall perform such duties for the Department of Game, Fish and Parks as may be assigned to them by the department.
Source:
SL 1945, ch 91, §6; SDC Supp 1960, §25.0107-1.
2023 South Dakota Codified Laws › Title 41 - Game, Fish, Parks and Forestry › Chapter 02 - State Department Of Game Fish And Parks › Section 41-2-19 - Acquisition, management, and improvement of property.

41-2-19. Acquisition, management, and improvement of property.
The Department of Game, Fish and Parks may, on behalf and in the name of the state, acquire public or private property by gift, grant, devise, purchase, lease, or condemnation proceedings, and may manage, control, and improve the property for the purpose of exercising the powers granted in this title.
Source:
SDC 1939, §25.0106 (2); SL 1941, ch 104; SL 2009, ch 206, §11.
2023 South Dakota Codified Laws › Title 41 - Game, Fish, Parks and Forestry › Chapter 02 - State Department Of Game Fish And Parks › Section 41-2-20 - Sale of property no longer needed--Procedures.

41-2-20. Sale of property no longer needed--Procedures.
Any personal property or buildings or fixtures on real estate, acquired pursuant to §41-2-19, may be sold by the Game, Fish and Parks Commission if the commission determines it to be obsolete or no longer useful. The property shall be sold according to procedures prescribed by the commissioner of the Bureau of Administration.
Source:
SDC 1939, §25.0106 (2) as added by SL 1941, ch 104; SL 1977, ch 54, §13; SL 2009, ch 206, §12.
2023 South Dakota Codified Laws › Title 41 - Game, Fish, Parks and Forestry › Chapter 02 - State Department Of Game Fish And Parks › Section 41-2-21 - Acquisition and development of property for public shooting areas, water conservation, and recreation.

41-2-21. Acquisition and development of property for public shooting areas, water conservation, and recreation.
The Department of Game, Fish and Parks may acquire by any means or methods as specified in §41-2-19 any public or private real property especially desirable for purposes of establishing public shooting areas or for the purposes of water conservation or recreation and may develop and improve the property for such purposes.
Source:
SDC 1939, §25.0106 (3); SL 1945, ch 92; SL 1947, ch 101; SL 2009, ch 206, §13.
2023 South Dakota Codified Laws › Title 41 - Game, Fish, Parks and Forestry › Chapter 02 - State Department Of Game Fish And Parks › Section 41-2-21.1 - Railroad right-of-way responsibility--Taxation.

41-2-21.1. Railroad right-of-way responsibility--Taxation.
The Department of Game, Fish and Parks has the same responsibility for any railroad right-of-way that it acquires as a hiking or biking recreation trail as it bears toward land acquired as a public shooting area. However, the property interest which the department holds in such right-of-way may not be taxed by any local taxing district.
Source:
SL 1990, ch 331, §1.
2023 South Dakota Codified Laws › Title 41 - Game, Fish, Parks and Forestry › Chapter 02 - State Department Of Game Fish And Parks › Section 41-2-22 - Operation of controlled hunting areas.

41-2-22. Operation of controlled hunting areas.
The Department of Game, Fish and Parks may establish and operate controlled hunting areas whenever in the opinion of the Game, Fish and Parks Commission the establishment of such areas is in the best interest of the people of South Dakota.
Source:
SL 1959, ch 107; SDC Supp 1960, §25.0106-1 (5); SL 1984, ch 273, §39.
2023 South Dakota Codified Laws › Title 41 - Game, Fish, Parks and Forestry › Chapter 02 - State Department Of Game Fish And Parks › Section 41-2-23 - Improvement of wildlife habitat--Access lands--State title not required.

41-2-23. Improvement of wildlife habitat--Access lands--State title not required.
The Department of Game, Fish and Parks shall, if directed by the Game, Fish and Parks Commission, expend funds for the improvement of wildlife habitat, access to hunting, and access to fishing or recreation areas on any land, public or private, within the state, notwithstanding the provisions of §5-14-10. Any land so improved is open to reasonable use by the public.
Source:
SDC Supp 1960, §25.0106-1 (7) as added by SL 1965, ch 108; SL 2009, ch 206, §14.
2023 South Dakota Codified Laws › Title 41 - Game, Fish, Parks and Forestry › Chapter 02 - State Department Of Game Fish And Parks › Section 41-2-24 - Acquisition and management of parks--Fees--Bonds--Cooperation with other agencies.

41-2-24. Acquisition and management of parks--Fees--Bonds--Cooperation with other agencies.
The Department of Game, Fish and Parks shall acquire by gift, purchase, lease, or condemnation and shall improve and manage land areas suitable for park purposes in various portions of the state so that a comprehensive state park system may be established. The department may levy and collect service fees for the use of the facilities in the state parks, upon the conditions as provided in this title. The department may issue its negotiable bonds for such purposes, and in such amounts, forms and upon such conditions as provided in this title. The department may cooperate with the United States, with any agency of the United States, and with any other department or public corporation of this state in such park activities.
Source:
SL 1945, ch 91, §5; SL 1959, ch 108, §1; SDC Supp 1960, §25.0106-1 (1); SL 1966, ch 68, §1; SL 2009, ch 206, §15.
2023 South Dakota Codified Laws › Title 41 - Game, Fish, Parks and Forestry › Chapter 02 - State Department Of Game Fish And Parks › Section 41-2-25 - Park and recreational improvements on leased lands.

41-2-25. Park and recreational improvements on leased lands.
The Department of Game, Fish and Parks may make capital improvements that the Game, Fish and Parks Commission deems necessary or proper for the extension, improvement, or development of state parks and recreation areas on all land leased by the department. The provisions of §5-14-10 do not apply to this section.
Source:
SDC Supp 1960, §25.0106-1 (8) as added by SL 1966, ch 68, §2; SL 2009, ch 206, §16; SL 2016, ch 206, §1.
2023 South Dakota Codified Laws › Title 41 - Game, Fish, Parks and Forestry › Chapter 02 - State Department Of Game Fish And Parks › Section 41-2-26 - Easements, leases, and permits on property controlled by department--Purposes for which granted.

41-2-26. Easements, leases, and permits on property controlled by department--Purposes for which granted.
The Department of Game, Fish and Parks may grant easements, leases, or permits on property that it owns or controls, for public utilities; for agricultural purposes; for electrical power or telephone lines; for towers for radio, television, or radar; for cabin sites; for concessions; and for the development, operation, or management of facilities to service the needs of the public.
Source:
SDC Supp 1960, §25.0106-1 (6) as added by SL 1961, ch 114; SL 1966, ch 68, §1; SL 2009, ch 206, §17.
2023 South Dakota Codified Laws › Title 41 - Game, Fish, Parks and Forestry › Chapter 02 - State Department Of Game Fish And Parks › Section 41-2-27 - Publicity and advertising activities.

41-2-27. Publicity and advertising activities.
The Department of Game, Fish and Parks shall publicize the game and fish, scenic, recreational, park, health, natural, and other resources of this state in such manner as the department deems most effective to attract tourists and others to this state. The department shall cooperate with any other agency, department, or public corporation of this state for such purpose.
Source:
SL 1945, ch 91, §5; SDC Supp 1960, §25.0106-1 (4); SL 2009, ch 206, §18.
2023 South Dakota Codified Laws › Title 41 - Game, Fish, Parks and Forestry › Chapter 02 - State Department Of Game Fish And Parks › Section 41-2-29 - Sale of forest products or department lands--Disposition of proceeds.

41-2-29. Sale of forest products or department lands--Disposition of proceeds.
The Department of Game, Fish and Parks may authorize sales of any and all forest products or of lands owned by the department. Proceeds from such sales shall become a part of the funds authorized for use of the Department of Game, Fish and Parks by this chapter.
Source:
SL 1945, ch 91, §5; SDC Supp 1960, §25.0106-1 (3); SL 1966, ch 68, §1; SL 1984, ch 276, §4.
2023 South Dakota Codified Laws › Title 41 - Game, Fish, Parks and Forestry › Chapter 02 - State Department Of Game Fish And Parks › Section 41-2-29.1 - Sale of real property owned by state--Requirements and procedure.

41-2-29.1. Sale of real property owned by state--Requirements and procedure.
The Department of Game, Fish and Parks shall sell real property owned by the state and held by the department if such real property is no longer needed for game, fish, or parks purposes. Such sale may be made only by the following procedure:
(1)At the full value established by a qualified appraiser employed by the department;
(2)For cash at public auction;
(3)Five days after the last of at least two publications of notice of the sale in at least three daily newspapers of the state. The publications shall disclose all details relative to the sale;
(4)Money received shall be deposited with the state treasurer and credited to the game, fish and parks fund;
(5)Conveyance shall be made in the name of the State of South Dakota acting by and through the Department of Game, Fish and Parks and executed in the manner provided by §5-2-11.
Source:
SDC Supp 1960, §25.0106-1 as added by SL 1968, ch 98; SL 1972, ch 28, §14; SL 2009, ch 206, §19.
2023 South Dakota Codified Laws › Title 41 - Game, Fish, Parks and Forestry › Chapter 02 - State Department Of Game Fish And Parks › Section 41-2-29.2 - Trade or exchange of real property owned by state--Requirements and procedure.

41-2-29.2. Trade or exchange of real property owned by state--Requirements and procedure.
The Department of Game, Fish and Parks, in addition to or as an alternative to the requirements and methods specified in §41-2-29.1, may trade or exchange real property owned by the state and held by the department if the real property is no longer needed for game, fish or parks purposes or if real property more suitable to department purposes may be obtained by an exchange. The exchange may be made only for other real property of equal value as determined by a qualified appraiser employed by the department. Conveyance shall be made in the name of the State of South Dakota acting by and through the Department of Game, Fish and Parks and executed in the manner provided by §5-2-11.
Source:
SDC Supp 1960, §25.0106-1 as added by SL 1968, ch 98; SL 2009, ch 206, §20.
2023 South Dakota Codified Laws › Title 41 - Game, Fish, Parks and Forestry › Chapter 02 - State Department Of Game Fish And Parks › Section 41-2-30 - Predatory animal control activities--Cooperation with other agencies.

41-2-30. Predatory animal control activities--Cooperation with other agencies.
The Department of Game, Fish and Parks shall engage in predatory animal control activities and cooperate with the United States or any agency of the United States, with other states, or with any other department, agency, or public corporation of this state in the execution of such control activities.
Source:
SL 1945, ch 91, §5; SDC Supp 1960, §25.0106-1 (2); SL 2009, ch 206, §21.
2023 South Dakota Codified Laws › Title 41 - Game, Fish, Parks and Forestry › Chapter 02 - State Department Of Game Fish And Parks › Section 41-2-31 - Acceptance and use of federal grants and other donations.

41-2-31. Acceptance and use of federal grants and other donations.
The Department of Game, Fish and Parks may accept, use, and expend any funds directed to it and provided by any agency of the United States government or provided by any other private or public sources.
Source:
SDC Supp 1960, §25.0106-1 (1) as added by SL 1966, ch 68, §1; SL 2009, ch 206, §22.
2023 South Dakota Codified Laws › Title 41 - Game, Fish, Parks and Forestry › Chapter 02 - State Department Of Game Fish And Parks › Section 41-2-33 - Appointment of licensing agents.

41-2-33. Appointment of licensing agents.
The Department of Game, Fish and Parks may appoint license issuing agents to issue on behalf of the department any license, permit, or stamp permitted or provided for by this title and §32-20A-15.1. No conservation officer may be appointed as a license issuing agent. The licensing issuing agents shall remit all license fees collected at the time and in the manner required by rules adopted pursuant to chapter 1-26.
Source:
SDC 1939, §25.0106 (5); SL 1984, ch 273, §41; SL 1999, ch 210, §1.
2023 South Dakota Codified Laws › Title 41 - Game, Fish, Parks and Forestry › Chapter 02 - State Department Of Game Fish And Parks › Section 41-2-34 - Fees and collections paid into departmental fund.

41-2-34. Fees and collections paid into departmental fund.
All moneys collected under any of the game and fish laws of this state including sums paid for licenses or on account of bonds or contracts entered into with any persons, and money due from other sources connected with the game and fish laws of this state, except fines, shall be paid into the state treasury to be credited to the Department of Game, Fish and Parks fund. Excepting receipts from sales of timber on school lands, all sums received from rentals, contracts, licenses, sales of personal property, or any source, except such sums as are derived from or which have accrued through the operation of the Division of Forestry and Parks and Custer State Park, shall be paid into the state treasury and credited to the Department of Game, Fish and Parks fund.
Source:
SDC 1939, §25.0115; SL 1945, ch 36, §11; SL 1945, ch 91, §7; SL 1957, ch 99, §6; SDC Supp 1960, §25.0115-1.
2023 South Dakota Codified Laws › Title 41 - Game, Fish, Parks and Forestry › Chapter 02 - State Department Of Game Fish And Parks › Section 41-2-34.1 - Resident small game license revenue--Use--Purchase and use of land--Power of eminent domain not to be exercised.

41-2-34.1. Resident small game license revenue--Use--Purchase and use of land--Power of eminent domain not to be exercised.
An amount equal to thirty-five percent of the resident small game license revenue shall be used for the purpose of restoring the state pheasant and wildlife population. Any land purchased with such funds shall be identified as game production areas. Any such purchase shall be from a willing seller and shall be approved by the Governor. No acquisition of land made pursuant to this section may be accomplished through the state's power of eminent domain.
Source: SL 1977, ch 327, §5; SL 1988, ch 331; SL 1998, ch 252, §5.
2023 South Dakota Codified Laws › Title 41 - Game, Fish, Parks and Forestry › Chapter 02 - State Department Of Game Fish And Parks › Section 41-2-34.2 - Surcharge on licenses--Deposit in fund--Disbursement of money in fund.

41-2-34.2. Surcharge on licenses--Deposit in fund--Disbursement of money in fund.
The Game, Fish and Parks Commission shall impose a surcharge in the amount of six dollars on each classification of hunting licenses issued by the Department of Game, Fish and Parks with the exception of licenses to take fur-bearing animals, one-day small game licenses, predator/varmint licenses, migratory bird certification permits, youth deer licenses, youth small game licenses, and mentored youth big game licenses authorized by §41-6-81. Of the revenue from the surcharge for each such license, one dollar shall be deposited in the animal damage control fund established pursuant to §40-36-10; and five dollars shall be deposited in a special fund known as the South Dakota sportsmen's access and landowner depredation fund, which is hereby established. Money in the fund is continuously appropriated for the purposes set forth in this section. Fifty percent of the money in the South Dakota sportsmen's access and landowner depredation fund shall be available to landowners pursuant to procedures and amounts to be established in rules promulgated by the commission pursuant to chapter 1-26 for purposes of providing hunting access on the landowners' land and for wildlife depredation and damage management programs. Fifty percent of the money in the South Dakota sportsmen's access and landowner depredation fund shall be available for purposes of acquiring free public hunting access by lease agreement.
Source:
SL 1998, ch 253, §1; SL 2001, ch 229, §1; SL 2004, ch 261, §2; SL 2007, ch 240, §2; SL 2010, ch 207, §1; SL 2013, ch 208, §1, eff. Mar. 20, 2013.
2023 South Dakota Codified Laws › Title 41 - Game, Fish, Parks and Forestry › Chapter 02 - State Department Of Game Fish And Parks › Section 41-2-35 - Annual appropriation of departmental fund.

41-2-35. Annual appropriation of departmental fund.
All moneys in the Department of Game, Fish and Parks fund are hereby annually appropriated to be used with any moneys otherwise appropriated to pay the necessary expenses of effectuating the purposes of this title.
Source:
SDC 1939, §25.0115; SL 1945, ch 36, §11; SL 1945, ch 91, §7; SL 1957, ch 99, §6; SDC Supp 1960, §25.0115-1.
2023 South Dakota Codified Laws › Title 41 - Game, Fish, Parks and Forestry › Chapter 02 - State Department Of Game Fish And Parks › Section 41-2-35.1 - Informational budget--Review.

41-2-35.1. Informational budget--Review.
Notwithstanding any other provisions of law, all funds received by the Department of Game, Fish and Parks shall be set forth in an informational budget as described in §4-7-7.2 and be annually reviewed by the Legislature. Nothing in this section affects department control over expenditures of any portion of dedicated revenues received by the department.
Source:
SL 1979, ch 278, §§21, 22; SL 2009, ch 206, §23.
2023 South Dakota Codified Laws › Title 41 - Game, Fish, Parks and Forestry › Chapter 02 - State Department Of Game Fish And Parks › Section 41-2-36 - Audit of departmental books and vouchers.

41-2-36. Audit of departmental books and vouchers.
The books and vouchers of the Department of Game, Fish and Parks are subject to examination by the Department of Legislative Audit at all times.
Source:
SDC 1939, §25.0108; SL 2009, ch 206, §24.
2023 South Dakota Codified Laws › Title 41 - Game, Fish, Parks and Forestry › Chapter 02 - State Department Of Game Fish And Parks › Section 41-2-39 - Disposal of surplus lands within George S. Mickleson Trail--Lands and persons eligible.

41-2-39. Disposal of surplus lands within George S. Mickleson Trail--Lands and persons eligible.
The Department of Game, Fish and Parks may dispose of surplus lands within the George S. Mickelson Trail by giving them to the respective landowners adjoining the trail as set out in §§41-2-39 to 41-2-46, inclusive. The lands described may be disposed of only to those landowners whose lands border or surround the trail, and each landowner may receive only such land as lies within the lot, description, or subdivision owned by the landowner.
Source:
SL 1994, ch 326, §1.
2023 South Dakota Codified Laws › Title 41 - Game, Fish, Parks and Forestry › Chapter 02 - State Department Of Game Fish And Parks › Section 41-2-40 - Determination of land as disposable.

41-2-40. Determination of land as disposable.
No lands may be considered for disposal under §§41-2-39 to 41-2-46, inclusive, unless the lands lie outside the fence to be constructed under §41-17-26. No lands may be disposed of under §§41-2-39 to 41-2-46, inclusive, unless the Department of Game, Fish and Parks and the Game, Fish and Parks Commission first determine that the lands are surplus and not needed for present or future development of the trail, nor for other transportation uses.
Source:
SL 1994, ch 326, §§2 and 7.
2023 South Dakota Codified Laws › Title 41 - Game, Fish, Parks and Forestry › Chapter 02 - State Department Of Game Fish And Parks › Section 41-2-41 - State funds not to be expended--Landowner assumption of costs.

41-2-41. State funds not to be expended--Landowner assumption of costs.
No funds belonging to the state may be expended to dispose of lands under §§41-2-39 to 41-2-46, inclusive. All costs of disposal, including surveying, drafting of documents, preparation and filing of plats, transfer fees, recording fees, abstract or title insurance costs, and attorney's fees, shall be paid by the landowner.
Source:
SL 1994, ch 326, §3.
2023 South Dakota Codified Laws › Title 41 - Game, Fish, Parks and Forestry › Chapter 02 - State Department Of Game Fish And Parks › Section 41-2-42 - Approval of conveyances.

41-2-42. Approval of conveyances.
Any conveyance under §§41-2-39 to 41-2-46, inclusive, shall be specifically approved by the Burlington Northern Company, formerly known as Burlington Northern, Incorporated.
Source:
SL 1994, ch 326, §4.
2023 South Dakota Codified Laws › Title 41 - Game, Fish, Parks and Forestry › Chapter 02 - State Department Of Game Fish And Parks › Section 41-2-43 - Approval by Interstate Commerce Commission.

41-2-43. Approval by Interstate Commerce Commission.
Any disposal of lands under §§41-2-39 to 41-2-46, inclusive, if the lands are located to south of the north line of block 139, original plat of Custer City, South Dakota, shall be approved by the United States Interstate Commerce Commission under the commission's abandonment procedures.
Source:
SL 1994, ch 326, §5.
2023 South Dakota Codified Laws › Title 41 - Game, Fish, Parks and Forestry › Chapter 02 - State Department Of Game Fish And Parks › Section 41-2-44 - Landowner agreement--Contents.

41-2-44. Landowner agreement--Contents.
Prior to any disposal of lands under §§41-2-39 to 41-2-46, inclusive, the landowner shall sign an agreement, setting out that the landowner is receiving the land under the conditions of §§41-2-39 to 41-2-46, inclusive, that the landowner will provide a survey and recording of plats fully and accurately describing the land to be conveyed, and that the landowner agrees to assume all expenses that arise as a result of the disposal of the lands.
Source:
SL 1994, ch 326, §6.
2023 South Dakota Codified Laws › Title 41 - Game, Fish, Parks and Forestry › Chapter 02 - State Department Of Game Fish And Parks › Section 41-2-45 - Conveyance by quitclaim deed--Execution.

41-2-45. Conveyance by quitclaim deed--Execution.
If the determinations required by §41-2-44 are made, and if all other conditions of §§41-2-39 to 41-2-46, inclusive, are met, the Department of Game, Fish and Parks and the Game, Fish and Parks Commission shall, by resolution, request that the Governor and the commissioner of school and public lands convey the affected lands to the surrounding landowner. The conveyance shall be by quitclaim deed, but otherwise shall be executed in the manner provided in §5-2-11.
Source:
SL 1994, ch 326, §8.