reglab/statecodes huggingface dataset:
2023 South Dakota Codified Laws › Title 41 - Game, Fish, Parks and Forestry › Chapter 08 - Hunting And Trapping Seasons And Methods › Section 41-8-23 - Killing of mink, muskrats, and beavers causing damage.

41-8-23. Killing of mink, muskrats, and beavers causing damage.
Mink may be killed at any time if doing damage around buildings but all such mink killed are the property of the state, if taken during the closed season. If muskrat or beaver are injuring irrigation ditches, dams, embankments, or public highways, or causing any other damage to property, the secretary of game, fish and parks may issue a permit to trap or kill such animals at any time. The Game, Fish and Parks Commission may authorize the killing or trapping of beaver upon public lands and game preserves at any time the commission deems necessary.
Source:
SDC 1939, §25.0801; SL 1941, ch 121; SL 1947, ch 113; SL 1951, ch 125; SL 1955, ch 86; SL 1959, ch 122; SL 1959, ch 123; SL 1961, ch 122; SL 2009, ch 206, §53.
2023 South Dakota Codified Laws › Title 41 - Game, Fish, Parks and Forestry › Chapter 08 - Hunting And Trapping Seasons And Methods › Section 41-8-24 - Prohibited methods of hunting mink, muskrats and beavers--Violation as misdemeanor.

41-8-24. Prohibited methods of hunting mink, muskrats and beavers--Violation as misdemeanor.
No person may hunt any mink or muskrat with the aid of any dog, or dig, disturb, or molest any mink den or beaver house for the purpose of capturing any of these animals. No person may use poison, gas, or smokers of any kind to kill, take, or capture mink, muskrats, or beavers. No person may shoot or spear muskrats at any time except under permit as provided in §41-8-23 or except as provided in §41-8-24.1. Any violation of this section is a Class 2 misdemeanor.
Source:
SDC 1939, §25.0801; SL 1941, ch 121; SL 1947, ch 113; SL 1951, ch 125; SL 1955, ch 86; SL 1959, ch 122; SL 1959, ch 123; SL 1961, ch 122; SL 1977, ch 190, §565; SL 2009, ch 206, §54; SL 2012, ch 203, §2.
2023 South Dakota Codified Laws › Title 41 - Game, Fish, Parks and Forestry › Chapter 08 - Hunting And Trapping Seasons And Methods › Section 41-8-24.1 - Shooting of muskrats under certain conditions.

41-8-24.1. Shooting of muskrats under certain conditions.
Muskrats may be hunted by shooting with rimfire cartridges of .22 caliber or smaller, muzzleloaders of .45 caliber or smaller, shotguns, or legal archery equipment. The Game, Fish and Parks Commission shall promulgate rules pursuant to chapter 1-26 to specify hunting seasons, hunting units, licensing requirements, and other restrictions or requirements for the hunting or taking of muskrats necessary for the proper management of wildlife.
Source:
SL 2012, ch 203, §3.
2023 South Dakota Codified Laws › Title 41 - Game, Fish, Parks and Forestry › Chapter 08 - Hunting And Trapping Seasons And Methods › Section 41-8-25 - Maximum number of traps--Disturbance of muskrat houses--Violation as misdemeanor.

41-8-25. Maximum number of traps--Disturbance of muskrat houses--Violation as misdemeanor.
No person may molest, injure, or destroy any muskrat house, except in the open season for the taking, catching, or killing of muskrats. However, muskrat houses may, for the purpose of placing traps therein, be opened in such manner as will not destroy, damage, or injure them as a place of habitation for muskrats. A violation of this section is a Class 2 misdemeanor.
Source:
SDC 1939, §25.0801; SL 1941, ch 121; SL 1947, ch 113; SL 1951, ch 125; SL 1955, ch 86; SL 1959, ch 122; SL 1959, ch 123; SL 1961, ch 122; SL 1982, ch 290; SL 1991, ch 337, §52.
2023 South Dakota Codified Laws › Title 41 - Game, Fish, Parks and Forestry › Chapter 08 - Hunting And Trapping Seasons And Methods › Section 41-8-26 - Counties in which muskrat restrictions not applicable.

41-8-26. Counties in which muskrat restrictions not applicable.
The provisions of §§41-8-24 and 41-8-25 that refer to muskrats do not apply to the counties of Haakon, Jackson, Jones, Lyman, and Stanley.
Source:
SDC 1939, §25.0801 as added by SL 1959, ch 123; SL 1961, ch 122; SL 1977, ch 331; SL 1982, ch 284, §2.
2023 South Dakota Codified Laws › Title 41 - Game, Fish, Parks and Forestry › Chapter 08 - Hunting And Trapping Seasons And Methods › Section 41-8-28 - Trap robbing or injury as misdemeanor.

41-8-28. Trap robbing or injury as misdemeanor.
Any person who steals, damages or destroys a trap of another employed in the manner defined in subdivision 41-1-1(25), or who steals, damages, or destroys animals, animal carcasses, or the pelts thereof, held fast by such traps, is guilty of a Class 1 misdemeanor. A violation of this section is also subject to §41-8-29.
Source:
SL 1964, ch 83, §1; SL 1977, ch 190, §566; SL 1983, ch 300; SL 1991, ch 337, §53; SL 2000, ch 209, §1.
2023 South Dakota Codified Laws › Title 41 - Game, Fish, Parks and Forestry › Chapter 08 - Hunting And Trapping Seasons And Methods › Section 41-8-29 - Cancellation of trapping license on conviction--New license prohibited for two years.

41-8-29. Cancellation of trapping license on conviction--New license prohibited for two years.
Any person who is found guilty as specified in §41-8-28 who holds a South Dakota trapping license shall upon conviction deliver the license to the judge pronouncing sentence. The judge shall forward the license to the Department of Game, Fish and Parks. The department shall cancel the license, and no trapping license may thereafter be issued to the guilty person for a period of two years from the date of the conviction.
Source:
SL 1964, ch 83, §2; SL 2009, ch 206, §55.
2023 South Dakota Codified Laws › Title 41 - Game, Fish, Parks and Forestry › Chapter 08 - Hunting And Trapping Seasons And Methods › Section 41-8-31 - Hunting methods restricted--Violation as misdemeanor.

41-8-31. Hunting methods restricted--Violation as misdemeanor.
No person may at any time hunt, catch, take, attempt to take, or kill any small game or game animal in any other manner than by shooting the same with a firearm, except:
(1)Game birds and animals may be taken with birds trained in falconry or with bow and arrow;
(1A)Cottontail rabbit, red squirrel, fox squirrel, grey squirrel, and any species defined as a predator/varmint in §41-1-1 may be taken with an air gun that complies with specifications established by rules promulgated by the Game, Fish and Parks Commission pursuant to chapter 1-26;
(2)A person with a permanent or temporary disability who is missing an upper limb, physically incapable of using an upper limb, or confined to a wheelchair may obtain a disabled hunter permit to use a crossbow or other legal bow equipped with a draw-lock device to take game birds and animals;
(3)A person who is legally blind, is legally licensed, possesses a disabled hunter permit, and is physically present and participates in the hunt but cannot safely discharge a firearm or bow and arrow, may claim game birds and animals taken by a designated hunter in accordance with the license possessed by the hunter who is legally blind;
(3A)A person who is quadriplegic, is legally licensed, possesses a disabled hunter permit, and is physically present and participates in the hunt but cannot safely discharge a firearm or bow and arrow, may claim game birds and animals taken by a designated hunter in accordance with the license possessed by the hunter who is quadriplegic; and
(4)A person with a permanent or temporary disability as defined in subdivision (2) of this section who is legally licensed for a youth big game hunting season, possesses a disabled hunter permit, and is physically present and participates in the hunt but is unable to safely discharge a firearm or bow and arrow, may claim any big game animal taken by a designated hunter in accordance with the youth big game license possessed by the person with a permanent or temporary disability.
A violation of this section is a Class 2 misdemeanor.
Source:
SDC 1939, §25.0412; SL 1941, ch 109; SL 1943, ch 94; SL 1947, ch 111; SL 1953, ch 105; SL 1957, ch 105; SL 1959, ch 116; SL 1963, ch 138; SL 1969, ch 100; SL 1979, ch 283, §5; SL 1984, ch 274; SL 1986, ch 353; SL 1991, ch 337, §54; SL 2007, ch 243, §1; SL 2008, ch 218, §1; SL 2009, ch 210, §1; SL 2010, ch 210, §1; SL 2011, ch 192, §1.
2023 South Dakota Codified Laws › Title 41 - Game, Fish, Parks and Forestry › Chapter 08 - Hunting And Trapping Seasons And Methods › Section 41-8-31.1 - Use of crossbow for hunting big game during firearm season.

41-8-31.1. Use of crossbow for hunting big game during firearm season.
The provisions of §41-8-31 notwithstanding, any person who holds a big game license to take a big game animal during the firearm season may take the animal by using a crossbow in lieu of a firearm. As used in this section, the term, crossbow, means a device for propelling a bolt by means of traverse limbs mounted on a stock and a string. The crossbow may be drawn, held, and released by a mechanical device and shall have at least one hundred twenty-five pounds pull and have a working mechanical safety.
Source:
SL 2014, ch 202, §1.
2023 South Dakota Codified Laws › Title 41 - Game, Fish, Parks and Forestry › Chapter 08 - Hunting And Trapping Seasons And Methods › Section 41-8-35 - Floating batteries, sink boxes, and similar devices prohibited--Violation as misdemeanor.

41-8-35. Floating batteries, sink boxes, and similar devices prohibited--Violation as misdemeanor.
No person may make use of, hunt or shoot from, any floating battery, sink box, or any similar device on any of the waters of this state. A violation of this section is a Class 2 misdemeanor.
Source:
SDC 1939, §25.0414; SL 1967, ch 85, §5; SL 1969, ch 100; SL 1991, ch 337, §58.
2023 South Dakota Codified Laws › Title 41 - Game, Fish, Parks and Forestry › Chapter 08 - Hunting And Trapping Seasons And Methods › Section 41-8-36 - Use of motorboats in hunting prohibited--Exceptions--Violation as misdemeanor.

41-8-36. Use of motorboats in hunting prohibited--Exceptions--Violation as misdemeanor.
No person may make use of, hunt, or shoot from any boat propelled except with oars or paddles, except when a boat or other craft with motor attached is beached, resting at anchor, or fastened within or tied immediately alongside of any type of fixed hunting blind or natural cover, or is used solely as a means of picking up dead or injured birds. A violation of this section is a Class 2 misdemeanor.
Source:
SDC 1939, §25.0414; SL 1967, ch 85, §5; SL 1969, ch 100; SL 1991, ch 337, §59.
2023 South Dakota Codified Laws › Title 41 - Game, Fish, Parks and Forestry › Chapter 08 - Hunting And Trapping Seasons And Methods › Section 41-8-37 - Hunting from motor vehicle prohibited--Exceptions--Promulgation of rules--Misdemeanor.

41-8-37. Hunting from motor vehicle prohibited--Exceptions--Promulgation of rules--Misdemeanor.
No person, who is in or on a motor vehicle, may discharge a firearm or bow and arrow at any wild animals except coyotes, jackrabbits, rodents, skunks, badgers, raccoons, and foxes.
Licensed hunters who are paraplegics or otherwise physically unable to walk with or without crutches, braces, or other mechanical support or who are otherwise considered to be limited or impaired in their ability to walk, and who have been issued a disabled hunter permit by the department, may shoot in fields, woods, or from public roads from a stationary motor vehicle while hunting game animals or game birds in accordance with the conditions of the permit and rules promulgated by the Game, Fish and Parks Commission. The commission shall promulgate rules pursuant to chapter 1-26 to establish the definition of disabled hunter; the eligibility criteria, application, and approval procedures for issuance of a disabled hunter permit; the duration of a permit; and the extent of the permitted shooting activities.
A violation of this section is a Class 2 misdemeanor.
Source:
SDC 1939, §25.0412 as added by SL 1941, ch 109; SL 1943, ch 94; SL 1947, ch 111; SL 1953, ch 105; SL 1969, ch 100; SL 1974, ch 277; SL 1977, ch 190, §567; SL 1991, ch 337, §60; SL 1998, ch 260, §1; SL 2003, ch 224, §1.
2023 South Dakota Codified Laws › Title 41 - Game, Fish, Parks and Forestry › Chapter 08 - Hunting And Trapping Seasons And Methods › Section 41-8-39 - Use of aircraft in hunting prohibited--Exception--Violation as misdemeanor.

41-8-39. Use of aircraft in hunting prohibited--Exception--Violation as misdemeanor.
It is a Class 1 misdemeanor for any person to:
(1)Kill or attempt to kill any wild bird or animal from an aircraft, except as otherwise provided for in §41-8-39.1; or
(2)Use an aircraft for the purpose of hunting, taking, concentrating, driving, rallying, stirring up, locating, or spotting any wild bird or animal, except that the prohibition in this subdivision does not apply to a person who uses a drone for the purpose of locating or spotting a predator or varmint, if:
(a)The activity occurs only on or over land that is privately owned;
(b)The person operating the drone is the landowner or has permission from the landowner or a lessee;
(c)The activity does not occur during the months of September, October, or November; and
(d)The operation of the drone is in full compliance with all applicable Federal Aviation Administration regulations.
Source:
SDC 1939, §§25.0426, 25.9907; SL 1964, ch 78, §§1, 2; SL 1967, ch 85, §10; SL 1973, ch 268, §1; SL 1977, ch 190, §569; SL 1997, ch 235, §2; SL 2019, ch 187, §1; SL 2020, ch 187, § 1.
2023 South Dakota Codified Laws › Title 41 - Game, Fish, Parks and Forestry › Chapter 08 - Hunting And Trapping Seasons And Methods › Section 41-8-39.1 - Aerial hunting of coyotes and fox by occupier of land where loss of animals threatened--Hunting on neighbor's land--Consent or authorization--Contract.

41-8-39.1. Aerial hunting of coyotes and fox by occupier of land where loss of animals threatened--Hunting on neighbor's land--Consent or authorization--Contract.
Notwithstanding the provisions of §41-8-39, any person occupying land as an owner or lessee may apply to the Department of Game, Fish and Parks for a permit to kill or attempt to kill coyotes or foxes from an aircraft to protect or aid in the protection of the owner's or lessee's land, livestock, domesticated animals, or crops, water, wildlife, or human life as permitted under PL 92-159, as amended to January 1, 2004, or §40-36-9. A permit may not be issued for the purpose of sport hunting. The permit authorizes the owner or lessee, or a person who holds a valid aerial hunting permit issued by the department and who is under contract with the owner or lessee, to kill or attempt to kill coyotes or foxes from the aircraft on the occupied land and up to four miles onto the land of the immediate adjoining neighbor if the owner or lessee has first obtained the written consent of the owner or lessee of the adjoining land. The Game, Fish and Parks Commission shall promulgate rules pursuant to chapter 1-26 to establish the criteria and eligibility of the permittee and conditions under which the permit is granted, number and species of animals to be hunted and killed, location where permitted, reports required of the permittee, and other rules to implement the provisions of this section.
Source:
SL 1973, ch 268, §2; SL 1986, ch 354; SL 1987, ch 305; SL 1989, ch 355; SL 1998, ch 261, §1; SL 2004, ch 265, §1.
2023 South Dakota Codified Laws › Title 41 - Game, Fish, Parks and Forestry › Chapter 08 - Hunting And Trapping Seasons And Methods › Section 41-8-39.2 - Contracts with aerial hunters of foxes and coyotes.

41-8-39.2. Contracts with aerial hunters of foxes and coyotes.
Notwithstanding the provisions of §41-8-39, the Department of Game, Fish and Parks may contract with aerial hunters to control foxes and coyotes as permitted under P. L. 92-159 or §40-36-9 if requested by landowners or tenants.
Source:
SL 1973, ch 268, §3; SL 1978, ch 297, §1; SL 2009, ch 206, §56.
2023 South Dakota Codified Laws › Title 41 - Game, Fish, Parks and Forestry › Chapter 08 - Hunting And Trapping Seasons And Methods › Section 41-8-40 - Hunting on boundary waters in violation of laws of adjoining state as misdemeanor--Agreements for reciprocal recognition of licenses and enforcement.

41-8-40. Hunting on boundary waters in violation of laws of adjoining state as misdemeanor--Agreements for reciprocal recognition of licenses and enforcement.
The taking of game, including any game bird or any game animal of any kind in any river, lake, or waters forming the boundary line between this and any other state, at any time or in any manner prohibited by the laws of any such adjoining state, is a Class 2 misdemeanor. The Department of Game, Fish and Parks may enter into agreements with the appropriate agencies of bordering states for the purpose of providing for reciprocal recognition of licenses and permits and reciprocal enforcement of regulations pertaining to hunting, fishing, boating, and trapping on the boundary waters and contiguous lands of the states.
Source:
SDC 1939, §25.0423; SL 1945, ch 97; SL 1967, ch 85, §9; SL 1977, ch 190, §570; SL 1996, ch 251.
2023 South Dakota Codified Laws › Title 41 - Game, Fish, Parks and Forestry › Chapter 08 - Hunting And Trapping Seasons And Methods › Section 41-8-41 - Wearing of fluorescent orange by certain hunters--Violation as misdemeanor.

41-8-41. Wearing of fluorescent orange by certain hunters--Violation as misdemeanor.
Any person hunting any big game animal, except turkey or mountain lion, with a firearm shall wear in a visible manner one or more fluorescent orange exterior garments. The exterior garment shall be a hat, cap, shirt, jacket, vest, coverall, or poncho worn above the waist. A violation of this section is a Class 2 misdemeanor.
Source:
SL 1986, ch 355; SL 1991, ch 337, §61; SL 2013, ch 212, §1.
2023 South Dakota Codified Laws › Title 41 - Game, Fish, Parks and Forestry › Chapter 08 - Hunting And Trapping Seasons And Methods › Section 41-8-42 - Prairie dog shooting season open year-round.

41-8-42. Prairie dog shooting season open year-round.
A prairie dog shooting season is open statewide year-round, with no limitation on shooting hours and no prairie dog daily or possession limits.
Source:
SL 2011, ch 193, §1.
2023 South Dakota Codified Laws › Title 41 - Game, Fish, Parks and Forestry › Chapter 08 - Hunting And Trapping Seasons And Methods › Section 41-8-43 - Limit of small game taken by hunting party--Exceptions.

41-8-43. Limit of small game taken by hunting party--Exceptions.
Any of two or more persons who mutually agree to hunt small game as a party and who maintain visual and unaided vocal contact may take more than one daily limit of small game. However, the total number of small game taken by the party may not exceed the aggregate daily limit for all members of the party who are licensed to take and possess small game. In accordance with §41-6-71, this section does not apply to any big game license or any tag issued as a part of a hunting license nor does this section apply to hunting of migratory birds. The provisions of this section do not apply to any person who hunts small game in more than one party in one day.
Source:
SL 2013, ch 213, §1.
2023 South Dakota Codified Laws › Title 41 - Game, Fish, Parks and Forestry › Chapter 09 - Fishing, Hunting And Trapping On Private Land And Public Rights Of Way › Section 41-9-1 - Landowner's consent required to fish, hunt or trap on private land--Exception--Violation as misdemeanor.

41-9-1. Landowner's consent required to fish, hunt or trap on private land--Exception--Violation as misdemeanor.
Except as provided in §41-9-2, no person may fish, hunt, or trap upon any private land without permission from the owner or lessee of the land. A violation of this section is a Class 2 misdemeanor and is subject to §41-9-8.
Source:
SDC 1939, §25.0427; SL 1947, ch 112, §1; SL 1949, ch 94; SL 1951, ch 121; SL 1953, ch 107; SL 1955, ch 83; SL 1964, ch 79; SL 1967, ch 86; SL 1968, ch 100; SL 1972, ch 225; SL 1973, ch 269, §1; SL 1974, ch 278, §4; SL 1991, ch 337, §62; SL 2009, ch 206, §57.
2023 South Dakota Codified Laws › Title 41 - Game, Fish, Parks and Forestry › Chapter 09 - Fishing, Hunting And Trapping On Private Land And Public Rights Of Way › Section 41-9-1.2 - Big game hunting on highways and public rights-of-way prohibited--Exceptions--Violation as misdemeanor

41-9-1.2. Big game hunting on highways and public rights-of-way prohibited--Exceptions--Violation as misdemeanor.
No person may hunt big game on interstate highways or controlled access facilities as defined in §31-8-1 within this state.
No person may discharge a firearm, muzzleloader, crossbow, or bow and arrow at any big game animal, except turkey to be taken with a shotgun using shot shells or with a bow and arrow, from within the right-of-way of an improved public highway. However, any person who possesses a disabled hunter permit issued by the department to shoot from a vehicle as provided in §41-8-37 may hunt on public rights-of-way adjoining publicly-owned hunting areas and on rights-of-way adjoining private lands with the written permission of the owner or lessee.
Retrieval of lawfully taken big game is permitted on all public rights-of-way.
A violation of this section is a Class 2 misdemeanor.
Source:
SL 1981, ch 299, §2; SL 1989, ch 356; SL 1990, ch 335; SL 1991, ch 337, §63; SL 1996, ch 252, §4; SL 2008, ch 219, §1.
2023 South Dakota Codified Laws › Title 41 - Game, Fish, Parks and Forestry › Chapter 09 - Fishing, Hunting And Trapping On Private Land And Public Rights Of Way › Section 41-9-1.3 - Requirements for hunting, fishing or trapping along section-line or highway.

41-9-1.3. Requirements for hunting, fishing or trapping along section-line or highway.
For purposes of §41-9-1.1 any public right-of-way along a section-line or other highway is open for public hunting, fishing, or trapping if:
(1)The right-of-way has been commonly used by the public for vehicular travel, as demonstrated by the existence of a well-worn vehicle trail; or
(2)An intentional alteration or adaptation has been made to the right-of-way to enhance the natural terrain's utility for vehicular travel or to permit vehicular travel where it was not previously possible.
Source:
SL 1996, ch 252, §2.
2023 South Dakota Codified Laws › Title 41 - Game, Fish, Parks and Forestry › Chapter 09 - Fishing, Hunting And Trapping On Private Land And Public Rights Of Way › Section 41-9-1.4 - Discharge of firearm while on certain public waters prohibited--Exception--Violation as misdemeanor.

41-9-1.4. Discharge of firearm while on certain public waters prohibited--Exception--Violation as misdemeanor.
No person may discharge a firearm while on that portion of public waters of this state that inundate privately-owned property from a location which is within six hundred sixty feet of an occupied dwelling, church, schoolhouse, or livestock being held in a confined area according to standard animal husbandry practices. However, a landowner or any person receiving permission from the landowner may discharge a firearm while on that portion of public waters that inundate the private property of that landowner. A violation of this section is a Class 2 misdemeanor.
Source:
SL 2001, ch 233, §1.
2023 South Dakota Codified Laws › Title 41 - Game, Fish, Parks and Forestry › Chapter 09 - Fishing, Hunting And Trapping On Private Land And Public Rights Of Way › Section 41-9-1.5 - Motorized vehicles not to be used in hunting from highways--Restrictions.

41-9-1.5. Motorized vehicles not to be used in hunting from highways--Restrictions.
In order to protect the public safety, it is the intent of the Legislature that hunting from highways or other public rights-of-way be accomplished without the use of motorized vehicles. Therefore, the following restrictions apply to such hunting:
(1)No person hunting small game from any highway or other public right-of-way pursuant to §41-9-1.1 may discharge a firearm at any small game animal unless the motor vehicle by which the person has been transported to the hunting location has, to the maximum extent practical, been parked off the main traveled portion of the highway or public right-of-way in a manner that does not create an unreasonable risk of injury or damage to other persons or property using the highway or public right-of-way;
(2)If the person who discharges the firearm is more than fifty yards from the vehicle, the doors on the side of the vehicle nearest the roadway shall be closed, but the engine may be running; and
(3)If the person who discharges the firearm is less than fifty yards from the vehicle, all of the vehicle doors shall be closed and the engine shall be turned off.
A violation of this section is a Class 2 misdemeanor.
Source:
SL 2003, ch 225, §2.
2023 South Dakota Codified Laws › Title 41 - Game, Fish, Parks and Forestry › Chapter 09 - Fishing, Hunting And Trapping On Private Land And Public Rights Of Way › Section 41-9-1.6 - Penalty for endangerment of other while hunting on right-of-way.

41-9-1.6. Penalty for endangerment of other while hunting on right-of-way.
Any person who, while hunting a road right-of-way, negligently endangers another person, or puts that person in fear of imminent serious bodily harm, is guilty of a Class 1 misdemeanor.
Source:
SL 2003, ch 225, §3.
2023 South Dakota Codified Laws › Title 41 - Game, Fish, Parks and Forestry › Chapter 09 - Fishing, Hunting And Trapping On Private Land And Public Rights Of Way › Section 41-9-2 - Hunting prohibited in portions of fire protection district--Notice requirements--Violation as misdemeanor.

41-9-2. Hunting prohibited in portions of fire protection district--Notice requirements--Violation as misdemeanor.
In that part of the Black Hills Fire Protection District lying south of Interstate Highway 90, no person may enter upon any private land with intent to take or kill any bird or animal, after being notified by the owner or lessee not to do so. Such notice may be given orally or by posting written or printed notices to that effect at the residence or where the buildings are located on the private land, at the gates or entering places to the private land, and in conspicuous places around the land posted.
A violation of this section is a Class 2 misdemeanor and is subject to §41-9-8.
Source:
SDC 1939, §25.0427; SL 1947, ch 112, §1; SL 1949, ch 94; SL 1951, ch 121; SL 1953, ch 107; SL 1955, ch 83; SL 1964, ch 79; SL 1967, ch 86; SDCL §41-9-3; SL 1968, ch 100; repealed SL 1973, ch 269, §3; re-enacted SL 1974, ch 278, §1; SL 1991, ch 337, §64; SL 2011, ch 194, §1.
2023 South Dakota Codified Laws › Title 41 - Game, Fish, Parks and Forestry › Chapter 09 - Fishing, Hunting And Trapping On Private Land And Public Rights Of Way › Section 41-9-4 - Posting private land without consent as misdemeanor--Posting public land.

41-9-4. Posting private land without consent as misdemeanor--Posting public land.
It is a Class 1 misdemeanor for any person to post the lands of another without the written consent of its owner or lessee or to post public lands.
Source:
SL 1967, ch 94; repealed SL 1973, ch 269, §3; re-enacted SL 1974, ch 278, §2; SL 1977, ch 190, §571.
2023 South Dakota Codified Laws › Title 41 - Game, Fish, Parks and Forestry › Chapter 09 - Fishing, Hunting And Trapping On Private Land And Public Rights Of Way › Section 41-9-5 - Damage to or destruction of posted notices as misdemeanor.

41-9-5. Damage to or destruction of posted notices as misdemeanor.
It is a Class 2 misdemeanor to remove, damage, mutilate, or destroy any notices legally posted pursuant to this chapter.
Source:
SDC 1939, §25.0428; SL 1967, ch 85, §11; repealed SL 1973, ch 269, §3; re-enacted SL 1974, ch 278, §3; SL 1977, ch 190, §572.
2023 South Dakota Codified Laws › Title 41 - Game, Fish, Parks and Forestry › Chapter 09 - Fishing, Hunting And Trapping On Private Land And Public Rights Of Way › Section 41-9-8 - Unauthorized presence on private property--Retrieval of game--Penalty.

41-9-8. Unauthorized presence on private property--Retrieval of game--Penalty.
If a person violates §41-9-1 or 41-9-2, a court may, upon a finding of guilt or upon a conviction, order the revocation of the person's hunting, fishing, or trapping privileges for one year.
If a person knowingly enters or remains on private property for the purpose of hunting, fishing, or trapping, in violation of §41-9-1 or 41-9-2, the person shall be fined five hundred dollars, and shall lose hunting, trapping, or fishing privileges for one year following a finding of guilt or a conviction.
A person's hunting, fishing, or trapping privileges shall be revoked for two years following a second or subsequent finding of guilt or conviction under §41-9-1 or41-9-2, within ten years.
The court may order that any revocation of hunting, fishing, or trapping privileges, authorized by this section, be served consecutively with any other revocation of a person's hunting, fishing, or trapping privileges imposed for a violation for which the person is convicted and for which revocation of the privileges is authorized under this title.
If the person is the holder of a license to hunt, trap, or fish, the court shall require that the license holder surrender and deliver the license to the court, to be returned to the Department of Game, Fish and Parks.
Unarmed retrieval of lawfully taken small game from private land, land controlled by the Department of Game, Fish and Parks, or other public lands, is not a crime or petty offense, if the retrieval of the small game does not involve the use of a motor vehicle.
It is a Class 2 misdemeanor for any person, while engaged in the retrieval of small game from private land, without permission of the owner or lessee of the land, to intentionally drive or flush any small game located on the land toward other hunters of the retriever's same hunting group, located on other parcels of land or rights-of-way.
It is a Class 2 misdemeanor for any person, who is a member of the same hunting group as the person performing the retrieval without the permission of the owner or lessee of the land, to intentionally discharge a firearm at small game, except waterfowl, that originates from the private land during the retrieval.
This section does not limit any civil remedies available to a landowner.
Source: SL 1981, ch 300; SL 1991, ch 337, §66; SL 2004, ch 266, §1; SL 2009, ch 209, §4; SL 2019, ch 188, §1; SL 2020, ch 188, §1; SL 2022, ch 158, §1.
2023 South Dakota Codified Laws › Title 41 - Game, Fish, Parks and Forestry › Chapter 09 - Fishing, Hunting And Trapping On Private Land And Public Rights Of Way › Section 41-9-9 - Hunter civil liability for injury, death, or property damage caused by negligent actions.

41-9-9. Hunter civil liability for injury, death, or property damage caused by negligent actions.
Any person who is engaged, legally or illegally, in hunting is liable for any injury or death to any person or damages to property caused by the hunter's negligent actions. The injured person or the owner of the property that has been damaged may recover civil damages. Nothing herein shall abrogate any other provision of law.
Source:
SL 1992, ch 299.
2023 South Dakota Codified Laws › Title 41 - Game, Fish, Parks and Forestry › Chapter 09 - Fishing, Hunting And Trapping On Private Land And Public Rights Of Way › Section 41-9-10 - Use of motor vehicle for hunting, fishing or trapping on school or public lands prohibited--Violation as misdemeanor.

41-9-10. Use of motor vehicle for hunting, fishing or trapping on school or public lands prohibited--Violation as misdemeanor.
No person may use a motor vehicle, as defined in subdivision 41-1-1(18), for purposes of hunting, fishing, or trapping on any land under the control of the commissioner of school and public lands on which public hunting, fishing, or trapping is authorized. No person may use a motor vehicle, for purposes of hunting, fishing, or trapping to enter onto or to cross any land under the control of the commissioner of school and public lands on which public hunting, fishing, or trapping is authorized. Any motor vehicle that is used to transport any person to any such lands for purposes of hunting, fishing, or trapping shall remain within a public right of way. Nothing in this section authorizes or prohibits hunting, fishing, or trapping in any area where those activities are otherwise authorized or prohibited. The prohibitions contained in this section do not restrict the use of motor vehicles on roads, trails, or parking areas designated and signed by the Department of Game, Fish and Parks pursuant to a management agreement with the commissioner of school and public lands. Nothing in this section prohibits using a motor vehicle on land under the control of the commissioner of school and public lands for normal lease activities by the lessee or for animal damage control activities. A violation of this section is a Class 2 misdemeanor.
Source:
SL 2000, ch 210, §1.
2023 South Dakota Codified Laws › Title 41 - Game, Fish, Parks and Forestry › Chapter 09 - Fishing, Hunting And Trapping On Private Land And Public Rights Of Way › Section 41-9-11 - Exhibition of license or identification on request of person with authority to control access to private land--Violation as misdemeanor.

41-9-11. Exhibition of license or identification on request of person with authority to control access to private land--Violation as misdemeanor.
Any person who is hunting, fishing, or trapping or is engaged in any recreational activity upon private land shall upon request exhibit the person's license to hunt, fish, or trap, or if unlicensed or engaged in another recreational activity, shall provide the person's first name, last name, town or city of residence, and state or province of residence as shown on the person's driver license, state-issued identification card, or other form of valid identification for the purpose of verifying the person's identity to any person who has legal authority to control access to the private land where the hunting, fishing, trapping, or other recreational activity is occurring. A violation of this section is a Class 2 misdemeanor.
Source:
SL 2015, ch 211, §2.
2023 South Dakota Codified Laws › Title 41 - Game, Fish, Parks and Forestry › Chapter 10 - Private Shooting Preserves › Section 41-10-1 - Definition of terms.

41-10-1. Definition of terms.
Terms used in this chapter mean:
(1)"Commission," the Game, Fish and Parks Commission, acting directly or through its duly authorized officers or agents;
(2)"Department," the Department of Game, Fish and Parks, acting directly or through its duly authorized officers or agents;
(3)"Person," includes individuals, partnerships, associations, corporations, and limited liability companies;
(4)"Shooting preserve," any acreage either privately owned or leased on which hatchery raised game is released for the purpose of hunting, for a fee, over an extended season.
Source:
SL 1963, ch 148, §2; SL 2005, ch 226, §1, eff. Mar. 9, 2005; SL 2011, ch 195, §1.
2023 South Dakota Codified Laws › Title 41 - Game, Fish, Parks and Forestry › Chapter 10 - Private Shooting Preserves › Section 41-10-2 - Issuance and renewal of operating permits.

41-10-2. Issuance and renewal of operating permits.
The department may issue and renew shooting preserve operating permits for privately owned and operated shooting preserves.
Source:
SL 1963, ch 148, §4; SL 1984, ch 273, §77; SL 2005, ch 226, §2.
2023 South Dakota Codified Laws › Title 41 - Game, Fish, Parks and Forestry › Chapter 10 - Private Shooting Preserves › Section 41-10-3 - Application for permit--Maximum area of preserve.

41-10-3. Application for permit--Maximum area of preserve.
Any person owning, holding, or controlling, by lease or otherwise, any contiguous tract of land of not more than two thousand five hundred sixty acres, who desires to establish a shooting preserve under the regulations provided in this chapter, may make application to the department for a shooting preserve operating permit. The application shall be made by the applicant or the applicant's agent or attorney, and shall be accompanied by a fee which is determined as provided by §41-10-4.
Source:
SL 1963, ch 148, §3; SL 2005, ch 226, §3.
2023 South Dakota Codified Laws › Title 41 - Game, Fish, Parks and Forestry › Chapter 10 - Private Shooting Preserves › Section 41-10-4 - Fee for permit.

41-10-4. Fee for permit.
The fee for a shooting preserve operating permit is one hundred dollars per shooting preserve season plus forty cents for each acre within the boundary of the described shooting preserve.
Source:
SL 1963, ch 148, §3; SL 1986, ch 356, §1; SL 1987, ch 308, §2.
2023 South Dakota Codified Laws › Title 41 - Game, Fish, Parks and Forestry › Chapter 10 - Private Shooting Preserves › Section 41-10-4.5 - Notice of application--Submission of opinion--Status as interested party--Notice of decision.

41-10-4.5. Notice of application--Submission of opinion--Status as interested party--Notice of decision.
Upon receipt of a written application for a new shooting preserve operating permit, the department shall notify the public of the application by publishing notice of the time and manner in which interested persons may present data, opinions, or arguments in writing to the department on the application and the manner in which interested persons may request status as an interested party and request receipt of written notice of the decision of the department. The department shall publish the notice once at least twenty days prior to the time designated by the department in the published notice in at least three newspapers of general circulation in areas of the state likely to be affected by the proposed permit. No more than ten days after the time designated by the department in the published notice, the department shall provide and mail by certified mail, return receipt requested, written notice of its decision made in accordance with the requirements of §41-10-7 to the applicant and to any person who submitted within the prescribed time and manner data, opinions, or arguments in writing to the department in opposition to issuance of the new operating permit and who requested the status as an interested party in accordance with this section and the published notice. The date that written notice of the decision is mailed to the applicant and to an interested person who requested the status of an interested party constitutes the respective date notice of application denial or approval has been provided as referenced in §§41-10-7.1 and 41-10-7.2.
Source:
SL 1995, ch 237; SL 2005, ch 226, §4.
2023 South Dakota Codified Laws › Title 41 - Game, Fish, Parks and Forestry › Chapter 10 - Private Shooting Preserves › Section 41-10-6 - Inspection of shooting preserve area--Evaluation of applicant's ability.

41-10-6. Inspection of shooting preserve area--Evaluation of applicant's ability.
Upon receipt of the application for a shooting preserve operating permit, the department shall inspect the area described in the application, the premises, and the facilities. The department also shall evaluate the ability of the applicant to operate an area of this character.
Source:
SL 1963, ch 148, §5; SL 2005, ch 226, §5.
2023 South Dakota Codified Laws › Title 41 - Game, Fish, Parks and Forestry › Chapter 10 - Private Shooting Preserves › Section 41-10-7 - Issuance of permit--Criteria established--Effective date of certain provisions.

41-10-7. Issuance of permit--Criteria established--Effective date of certain provisions.
If the department is satisfied that all of the following criteria have been established by the applicant:
(1)The applicant for a shooting preserve operating permit proposes to comply with all of the provisions of this chapter and the commission rules promulgated pursuant to this chapter;
(2)The applicant is financially able to provide the necessary facilities and services to operate a shooting preserve;
(3)The preserve shall be open to the general public without restrictions as to race, color, or creed;
(4)The operation will not work a fraud upon persons who are permitted to hunt thereon;
(5)The operation is not designed to circumvent game laws and regulations;
(6)The issuance of the permit will be in the public interest;
(7)The applicant is a resident of the state or, if a business entity, is organized or operating under the laws of the State of South Dakota pursuant to a certificate issued by the Office of the Secretary of State;
(8)The applicant does not operate or own any interest in more than one shooting preserve comprised of a contiguous tract of land of more than one thousand two hundred eighty acres nor more than two shooting preserves each of which are comprised of a contiguous tract of land of one thousand two hundred eighty acres or less; and
(9)The preserve for which an operating permit is requested is at least one mile from any game production area or other publicly owned shooting area, or if located within one mile of such areas, the preserve would not take unfair advantage of wildlife habitat developments or wildlife population existing on those areas, or would not otherwise be detrimental to the public interest;
the department shall approve the application and issue a shooting preserve operating permit for the operation of a shooting preserve on the property described in the application with the rights and subject to the limitations prescribed in this chapter and the commission rules promulgated pursuant to this chapter. However, the provisions of subdivisions (7) and (9) of this section do not apply to any shooting preserve licensed pursuant to this chapter, prior to July 1, 1986.
Source:
SL 1963, ch 148, §5; SL 1986, ch 356, §2; SL 1989, ch 357, §1; SL 1991, ch 342; SL 1996, ch 253; SL 2005, ch 226, §6, eff. Mar. 9, 2005; SL 2011, ch 195, §2.
2023 South Dakota Codified Laws › Title 41 - Game, Fish, Parks and Forestry › Chapter 10 - Private Shooting Preserves › Section 41-10-7.1 - Contested case hearing upon denial of shooting preserve operating permit--Request.

41-10-7.1. Contested case hearing upon denial of shooting preserve operating permit--Request.
If an applicant is denied a shooting preserve operating permit by the department, the applicant may make a written request to the department for a contested case hearing before the commission pursuant to chapter 1-26. The written request shall be mailed to the department by certified mail, return receipt requested, on or before ten days have elapsed from the date that the notice of application denial has been provided and mailed to the applicant by certified mail, return receipt requested.
Source:
SL 2005, ch 226, §9.
2023 South Dakota Codified Laws › Title 41 - Game, Fish, Parks and Forestry › Chapter 10 - Private Shooting Preserves › Section 41-10-7.2 - Contested case hearing upon grant of new shooting preserve operating permit--Request.

41-10-7.2. Contested case hearing upon grant of new shooting preserve operating permit--Request.
If an applicant is granted a new shooting preserve operating permit by the department, any interested person who has requested the status of an interested party and who has presented data, opinion, or arguments in writing to the department pursuant to the requirements in §41-10-4.5 may make a written request to the department for a contested case hearing before the commission pursuant to chapter 1-26. The written request shall be mailed to the department and the applicant by certified mail, return receipt requested, on or before ten days have elapsed from the date that the notice of application approval has been provided to the interested party.
Source:
SL 2005, ch 226, §10.
2023 South Dakota Codified Laws › Title 41 - Game, Fish, Parks and Forestry › Chapter 10 - Private Shooting Preserves › Section 41-10-8 - Consent to entry and search of premises by officer--Noncompliance as misdemeanor.

41-10-8. Consent to entry and search of premises by officer--Noncompliance as misdemeanor.
Each shooting preserve operating permit shall be issued upon the express condition that the permittee agrees that any law enforcement officer or any representative of the Department of Game, Fish and Parks may enter and inspect the premises on which preserve operations are conducted, and any part thereof, during normal hours of preserve operation without a search warrant to ensure compliance with the laws of this state and rules and regulations of the commission. Failure to comply with this section is a Class 1 misdemeanor.
Source:
SL 1963, ch 148, §9; SL 1991, ch 337, §67; SL 2011, ch 195, §3.
2023 South Dakota Codified Laws › Title 41 - Game, Fish, Parks and Forestry › Chapter 10 - Private Shooting Preserves › Section 41-10-9 - Species of game hunted under chapter.

41-10-9. Species of game hunted under chapter.
Game that may be hunted under this chapter includes mallard ducks, pheasants, quail, partridges, turkey, and such other species of game as the Game, Fish and Parks Commission may add in rules promulgated pursuant to chapter 1-26. The commission may exclude mallard ducks from the list of permitted species for any period of time and without advance notice if necessary to protect the species.
Source:
SL 1963, ch 148, §6; SL 2009, ch 206, §58.
2023 South Dakota Codified Laws › Title 41 - Game, Fish, Parks and Forestry › Chapter 10 - Private Shooting Preserves › Section 41-10-10 - Marking of game released--Unmarked game deemed wild.

41-10-10. Marking of game released--Unmarked game deemed wild.
All game released on a shooting preserve shall be marked as prescribed by the Game, Fish and Parks Commission. All game not marked as prescribed is deemed wild game.
Source:
SL 1963, ch 148, §6; SL 2009, ch 206, §59.
2023 South Dakota Codified Laws › Title 41 - Game, Fish, Parks and Forestry › Chapter 10 - Private Shooting Preserves › Section 41-10-11 - Season for shooting preserves.

41-10-11. Season for shooting preserves.
The season length on shooting preserves may be all or any part of the seven-month period beginning September first and ending March thirty-first of the following year.
Source:
SL 1963, ch 148, §9.
2023 South Dakota Codified Laws › Title 41 - Game, Fish, Parks and Forestry › Chapter 10 - Private Shooting Preserves › Section 41-10-12 - Resident basic game and fish license or nonresident general hunting license required on preserve--Habitat restoration stamp--Violation as misdemeanor.

41-10-12. Resident basic game and fish license or nonresident general hunting license required on preserve--Habitat restoration stamp--Violation as misdemeanor.
A South Dakota resident small game license or a resident youth small game license is required of each resident hunting on a shooting preserve. Any nonresident hunting small game on a shooting preserve shall obtain a nonresident shooting preserve license or a nonresident small game license.
A violation of this section is a Class 1 misdemeanor.
Source:
SL 1963, ch 148, §7; SL 1985, ch 328; SL 1986, ch 356, §3; SL 1987, ch 308, §1; SL 1989, ch 30, §73; SL 1990, ch 332, §2; SL 1991, ch 337, §68; SL 1991, ch 343; SL 1998, ch 252, §21.
2023 South Dakota Codified Laws › Title 41 - Game, Fish, Parks and Forestry › Chapter 10 - Private Shooting Preserves › Section 41-10-13 - Game taken on preserve by licensed hunter.

41-10-13. Game taken on preserve by licensed hunter.
The guest of a shooting preserve permittee, after securing any necessary hunting licenses as required by this chapter, may harvest any game released in the shooting preserve, and as provided for in §41-10-16, all of the wild game in the area of the same species as those released.
Source:
SL 1963, ch 148, §8; SL 1986, ch 356, §4; SL 2011, ch 195, §4.
2023 South Dakota Codified Laws › Title 41 - Game, Fish, Parks and Forestry › Chapter 10 - Private Shooting Preserves › Section 41-10-14 - Shooting hours, fees, and limitations on game species.

41-10-14. Shooting hours, fees, and limitations on game species.
Within the limits set by the commission, in rules promulgated pursuant to chapter 1-26, the shooting preserve permittee may establish shooting hours and limitations and restrictions on the age, sex, number, and type of each game species that may be taken by each person. The permittee may establish the fees to be charged to the permittee's guests.
Source:
SL 1963, ch 148, §9; SL 2005, ch 226, §7, eff. Mar. 9, 2005; SL 2011, ch 195, §5.