Title 41 — GAME, FISH, PARKS AND FORESTRY
26 chapters · 596 sections in this title.
SDCL § 41-9-1 Landowner's consent required to fish, hunt or trap on private land--Exception--Violation as misdemeanor
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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 §
SDCL § 41-9-1.1 Certain highways and public rights-of-way excepted from restrictions--Discharging firearms, hunting, and trapping within certain distance from building or livestock prohibited--Violation as misdemeanor--Revocation of hunting privileges
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Except for controlled access facilities as defined in § 31-8-1 , interstate highways, unimproved section lines not commonly used as public rights-of-way, and highways within parks or recreation areas or within or adjoining public shooting areas or game refuges posted for restrict…
SDCL § 41-9-1.2 Big game hunting on highways and public rights-of-way prohibited--Exceptions--Violation as misdemeanor
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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 she…
SDCL § 41-9-1.3 SDCL 41-9-1.3
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Only the owner of the occupied dwelling, church, or schoolhouse; the owner of livestock; or a person who has written permission from the owner of the occupied dwelling, church, or schoolhouse, or the owner of the livestock may use such highways or rights-of-way for the purposes o…
SDCL § 41-9-1.4 Discharge of firearm while on certain public waters prohibited--Exception--Violation as misdemeanor
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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 accordin…
SDCL § 41-9-1.5 Motorized vehicles not to be used in hunting from highways--Restrictions
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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 …
SDCL § 41-9-1.6 Penalty for endangerment of other while hunting on right - of - way
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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.
SDCL § 41-9-10 Use of motor vehicle for hunting, fishing or trapping on school or public lands prohibited--Violation as misdemeanor
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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 mot…
SDCL § 41-9-11 Exhibition of license or identification on request of person with authority to control access to private land--Violation as misdemeanor
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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…
SDCL § 41-9-2 Hunting prohibited in portions of fire protection district--Notice requirements--Violation as misdemeanor
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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…
SDCL § 41-9-4 Posting private land without consent as misdemeanor--Posting public land
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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.
SDCL § 41-9-5 Damage to or destruction of posted notices as misdemeanor
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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. 41-9-6. Repeal…
SDCL § 41-9-6 SDCL 41-9-6
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Repealed by SL 1973, ch 269 , § 3 41-9-7
SDCL § 41-9-7 Repealed by SL 1991, ch 337 , § 65 41-9-8 Unauthorized presence on private property--Retrieval of game--Penalty
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41-9-9 Hunter civil liability for injury, death, or property damage caused by negligent actions. 41-9-10 Use of motor vehicle for hunting, fishing or trapping on school or public lands prohibited--Violation as misdemeanor. 41-9-11 Exhibition of license or identification on reques…
SDCL § 41-9-8 Unauthorized presence on private property--Retrieval of game--Penalty
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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,…
SDCL § 41-9-9 Hunter civil liability for injury, death, or property damage caused by negligent actions
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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 he…