Title 41 — GAME, FISH, PARKS AND FORESTRY

Source: SL 1973, ch 2 , § 112; SL 1973, ch 264 , § 6.

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.

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; S…

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 §

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 an…

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…

Executed 41-2-12

41-2-14 41-2-14 , 41-2-15. Repealed by SL 1971, ch 231 , § 3 41-2-16 Duties assigned to departmental officers and employees. 41-2-17

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 an…

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. 41-2-17…

41-2-18.1 Repealed by SL 2012, ch 201 , § 1. 41-2-19 Acquisition, management, and improvement of property. 41-2-19.1 Acquisition, management, and improvement of property--Large projects--Legislature’s prior approval required--Project division prohibited--Attorney general action--…

Repealed by SL 2012, ch 201 , § 1.

Subject to § 41-2-19.1 , 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 …

Notwithstanding any provision of this title to the contrary, the Department of Game, Fish and Parks may not acquire, build, or significantly improve a building, facility, or other physical asset, or build or significantly improve any infrastructure, or enter into a lease or a lea…

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…

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 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…

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 su…

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,…

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 t…

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…

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 § 5-1…

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 concessi…

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 cooper…

41-2-29.1 Sale 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. 41-2-30 Predatory animal control activities--Cooperation with other agencies. 41-2-31 Acceptance and use of federal…

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, …

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…

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 park…

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 …

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 suc…

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 2…

41-2-34 Fees and collections paid into departmental fund. 41-2-34.1 Resident small game license revenue--Use--Purchase and use of land--Power of eminent domain not to be exercised. 41-2-34.2 Surcharge on licenses--Deposit in fund--Disbursement of money in fund. 41-2-34.3

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 §

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 …

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 f…

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/…

41-2-35.1 Informational budget--Review. 41-2-36 Audit of departmental books and vouchers. 41-2-37

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 9…

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 e…

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. 41-2-37. Repealed by SL 1982, ch 16 , § 38

41-2-39 Disposal of surplus lands within George S. Mickleson Trail--Lands and persons eligible. 41-2-40 Determination of land as disposable. 41-2-41 State funds not to be expended--Landowner assumption of costs. 41-2-42 Approval of conveyances. 41-2-43 Approval by Interstate Comm…

The State of South Dakota accepts from the United States ownership of property pursuant to and as described in Title VI of the Water Resources Development Act of 1999, Public Law 106-53 consisting of property, land, improvements, and recreation areas to be utilized for fish, wild…

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 describ…

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,…

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 §

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 a…

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.

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 pr…

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…

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 …