Title 41 — GAME, FISH, PARKS AND FORESTRY

An interstate wildlife violator compact is entered with all states legally joining the compact in the form substantially as contained in this chapter. Source: SL 2004, ch 267 , § 1.

Upon suspending the hunting, trapping, or fishing privileges of any person pursuant to §§ 41-15A-8 and 41-15A-9 , the licensing authority of the home state shall notify the person in writing by certified mail. Within twenty days following mailing of the notice of suspension, the …

At the hearing, the commission, through its authorized agent, may: (1) Administer oaths; (2) Issue subpoenas for the attendance of witnesses; and (3) Admit all relevant evidence and documents, including notifications from participating states. Following the hearing, the commissio…

If the person fails to request a hearing within twenty days of mailing of the notice of suspension, or if the suspension of hunting, trapping, or fishing privileges is affirmed by the commission or its authorized agent following a required hearing, the suspension of hunting, trap…

All participating states may recognize the suspension of license privileges of any person by any participating state as though the violation resulting in the suspension had occurred in their state and could have been the basis for suspension of license privileges in their state. …

Each participating state shall communicate suspension information to other participating states in form and content as contained in the compact manual. Source: SL 2004, ch 267 , § 14.

If the licensing authority of the home state receives notice of the suspension of a person's hunting, trapping, or fishing privileges by a participating state, the licensing authority may suspend the person's hunting, trapping, or fishing privileges in the home state for the same…

Except as expressly required by this compact, nothing in this compact may be construed to affect the right of any participating state to apply any of its laws relating to license privileges to any person or circumstance or to invalidate or prevent any agreement or other cooperati…

For the purposes of administering this chapter and compact and to serve as a governing body for the resolution of all matters relating to the operation of this compact, a board of compact administrators is established. The board is composed of one representative from each of the …

Each member of the board of compact administrators is entitled to one vote. No action of the board is binding unless taken at a meeting at which a majority of the total number of the board's votes are cast in favor of the action. Action by the board may be only at a meeting at wh…

The board shall elect annually from its membership a presiding officer and a vice presiding officer. Source: SL 2004, ch 267 , § 19.

The purpose of this chapter and compact is to provide a means through which participating states may join in a reciprocal program to provide for the fair and impartial treatment of wildlife violators operating within participating states in recognition of the violator's right to …

The board shall adopt bylaws consistent with the provisions of this chapter and compact or the laws of a participating state for the conduct of its business and may amend and rescind its bylaws. Source: SL 2004, ch 267 , § 20.

The board may accept for any of its purposes and functions under this compact any and all donations and grants of money, equipment, supplies, materials, and services, conditional or otherwise, from any state, the United States, or any governmental agency, and receive, utilize, an…

The board may contract with, or accept services or personnel from, any governmental or intergovernmental agency, individual, firm, or corporation, or any private nonprofit organization or institution. Source: SL 2004, ch 267 , § 22.

The board shall formulate all necessary procedures and develop uniform forms and documents for administering the provisions of this compact. All procedures and forms adopted pursuant to board action must be contained in a compact manual. Source: SL 2004, ch 267 , § 23.

This compact becomes effective at such time as it is adopted in a substantially similar form by two or more states. Source: SL 2004, ch 267 , § 24.

Entry into the compact shall be made by resolution of ratification approved by the South Dakota Department of Game, Fish and Parks Commission and submitted to the presiding officer of the board. Source: SL 2004, ch 267 , § 25.

The resolution shall substantially be in the form and content as provided in the compact manual and shall include the following: (1) A citation of the authority from which the state is empowered to become a party to this compact; (2) An agreement of compliance with the terms and …

The effective date of entry shall be specified by the applying state but may not be less than sixty days after notice has been given by the presiding officer of the board of the compact administrators or by the secretariat of the board to each participating state that the resolut…

A participating state may withdraw from participation in this compact by official written notice to each participating state. Withdrawal does not become effective until ninety days after the notice of withdrawal is given. The notice shall be directed to the compact administrator …

The South Dakota Department of Game, Fish and Parks Commission is authorized on behalf of the state to enter or withdraw from the interstate wildlife violator compact pursuant to the terms of §§ 41-15A-24 , 41-15A-25 , and

Terms used in this chapter and compact mean: (1) "Citation," any summons, complaint, summons and complaint, ticket, penalty assessment, or other official document that is issued to a person by a wildlife officer or other peace officer for a wildlife violation and that contains an…

This compact may be amended. Amendments shall be presented in resolution form to the presiding officer of the board of the compact administrators and shall be initiated by one or more participating states. Source: SL 2004, ch 267 , § 30.

Adoption of an amendment requires endorsement by all participating states and becomes effective thirty days after the date of the last endorsement. Source: SL 2004, ch 267 , § 31.

Failure of a participating state to respond to the compact presiding officer within one hundred twenty days after receipt of a proposed amendment constitutes endorsement of the amendment. Source: SL 2004, ch 267 , § 32.

The South Dakota Department of Game, Fish and Parks Commission is authorized to adopt amendments to the interstate wildlife violator compact pursuant to the terms of sections §§ 41-15A-30 , 41-15A-31 , and

This compact shall be liberally construed so as to effectuate its intended purposes. The provisions of this compact are severable, and if any phrase, clause, sentence, or provision of this compact is declared to be contrary to the constitution of any participating state or the Un…

The Department of Game, Fish and Parks shall enforce the interstate wildlife violator compact and shall do all things within the department's jurisdiction that are necessary to effectuate the purposes and the intent of the compact. Source: SL 2004, ch 267 , § 4.

When issuing a citation for a wildlife violation, a wildlife officer may issue a citation to any person whose primary residence is in a participating state in the same manner as though the person was a resident of the issuing state and may not require such person to post collater…

Personal recognizance is acceptable: (1) If not prohibited by state or local law or the compact manual; and (2) If the violator provides adequate proof of identification to the wildlife officer. Source: SL 2004, ch 267 , § 6.

If a person fails to comply with the terms of a wildlife citation, the person's failure to comply shall be reported to the licensing authority of the issuing state. The report shall be made in accordance with procedures specified by the issuing state and shall contain information…

Upon receipt of the report of noncompliance pursuant to § 41-15A-7 , the licensing authority of the issuing state shall transmit to the licensing authority of the violator's home state information related to the failure of the violator to comply with the terms of a citation in th…

Upon receipt of a report from the licensing authority of the issuing state reporting the failure of a violator to comply with the terms of a citation, the licensing authority of the violator's home state shall notify the violator of the failure to comply through personal contact …

Source: SL 2004, ch 267 , § 15.