26 chapters · 596 sections in this title.
SDCL § 41-1-1 Definitions
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Terms used in this title mean: (1) "Any part thereof" or "the parts thereof," includes the hide, horns, and hoofs of any animal so referred to, and the plumage and skin and every other part of any bird so referred to; (2) "Bait," baitfish, frogs, toads, salamanders, crayfish, fre…
SDCL § 41-1-1.1 Persons deemed state residents
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For the purposes of this title, the following are deemed to be residents of this state: (1) Any person who previously had a domicile in this state who is absent due to business of the United States or of this state, or is serving in the armed forces of the United States or the sp…
SDCL § 41-1-1.2 Termination of resident status
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Except for a person who continues to qualify for resident privileges as provided in § 41-1-1.1 , a person is deemed to have terminated the person's South Dakota resident status if the person applies for, purchases, or accepts a resident hunting, fishing, or trapping license issue…
SDCL § 41-1-1.3 Definition of trophy animals
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Terms, as used in this chapter, mean: (1) "Trophy antelope," any antelope with at least one horn greater than fifteen inches in length, as measured along the outside curve from base to tip; (2) "Trophy mule deer," any mule deer having a Boone and Crockett gross score of one hundr…
SDCL § 41-1-1.4 Definition of nontrophy animals
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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.
SDCL § 41-1-10 Enjoining interference--Damages allowable
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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 e…
SDCL § 41-1-11 Certain judgment debtors denied licenses--Automatic revocation pending satisfaction--Violation as misdemeanor
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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 vi…
SDCL § 41-1-12 Euthanasia of animal injured in motor vehicle accident
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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 …
SDCL § 41-1-13 Report of euthanasia to department
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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.
SDCL § 41-1-2 Game birds, animals, and fish as property of state
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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 §
SDCL § 41-1-3 Lawful use of game bird, animal, or fish
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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…
SDCL § 41-1-4 Wanton waste or destruction of protected birds, animals and fish prohibited--Violation as misdemeanor
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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.
SDCL § 41-1-5 Forfeiture of right to game by unlawful taking, shipment or possession--State entitled to possession
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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 …
SDCL § 41-1-5.1 Civil damage liability to state for unlawful killing or taking of wild animals--Amount--Return of uninjured animal--Exemption
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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 wh…
SDCL § 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
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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 off…
SDCL § 41-1-5.6 Statement of liability provisions printed on citations--Acknowledgment noted through specific receipt form--Failure to give required warnings
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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 concer…
SDCL § 41-1-5.7 Disposition of deer and antelope killed by motor vehicle
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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 …
SDCL § 41-1-5.8 SDCL 41-1-5.8
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Repealed by SL 2001, ch 227 , § 7 41-1-6
SDCL § 41-1-6 Repealed by SL 1991, ch 337 , § 3 41-1-7 Fish grown or raised for breeding purposes or sale
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41-1-8 Interference with lawful hunting, trapping, or fishing prohibited--Violation as misdemeanor. 41-1-9 Disobeying order of peace officer to desist from interfering as misdemeanor. 41-1-10 Enjoining interference--Damages allowable. 41-1-11 Certain judgment debtors denied licen…
SDCL § 41-1-7 Fish grown or raised for breeding purposes or sale
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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 promulgate…
SDCL § 41-1-8 Interference with lawful hunting, trapping, or fishing prohibited--Violation as misdemeanor
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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 f…
SDCL § 41-1-9 Disobeying order of peace officer to desist from interfering as misdemeanor
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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 …