Title 41, GAME, FISH, PARKS AND FORESTRY

It is a Class 2 misdemeanor for a resident to hunt small game without a resident small game license or resident youth small game license, or in violation of the rules of the Game, Fish and Parks Commission or § 41-11-5 . It is a Class 2 misdemeanor for a resident to hunt dove, sa…

Any resident who is on active duty in the armed forces of the United States and who is stationed at a location outside the state may fish and hunt small game without payment of a fee or the applicable hunting and fishing license authorizing the activity. However, if the resident …

It is a Class 2 misdemeanor for a nonresident to hunt, take, or kill small game, other than migratory waterfowl, without a nonresident small game license or in violation of the conditions of the license or the rules of the Game, Fish and Parks Commission. It is a Class 2 misdemea…

It is a Class 2 misdemeanor for a nonresident to hunt, take, or kill migratory waterfowl without a nonresident waterfowl license or a temporary nonresident waterfowl license, a migratory bird certification permit, and a federal migratory bird stamp, or in violation of the conditi…

If the Game, Fish and Parks Commission deems it advisable to limit the number of special nonresident waterfowl licenses issued for the hunting, taking, or killing of waterfowl during any season, the commission may by rules adopted pursuant to § 41-2-18 divide the state into two o…

The Game, Fish and Parks Commission may promulgate rules in accordance with chapter 1-26 to authorize the department to issue temporary nonresident waterfowl licenses. Any increase in the number of temporary nonresident waterfowl licenses allocated by the commission in a year may…

An individual who is a nonresident of this state and on active duty in the armed forces of the United States, as defined in § 58-33-117 , may annually purchase one fall three-day temporary nonresident waterfowl license, applicable to any unit for which temporary nonresident water…

It is a Class 1 misdemeanor for a resident to hunt, take, or kill big game animals, except wild turkey, without a resident big game license, or in violation of the conditions of the license or the rules of the Game, Fish and Parks Commission. A resident big game license shall per…

It is a Class 1 misdemeanor for a resident to hunt, take, or kill elk without a resident elk license or in violation of the conditions of the license or the rules of the Game, Fish and Parks Commission. A resident elk license shall permit the licensee to hunt elk in the manner an…

If a resident owns or leases, for agricultural purposes, the minimum acreage necessary to qualify for landowner preference, in accordance with rules promulgated by the Game, Fish and Parks Commission and if the resident has not, pursuant to § 41-6-19 , received a big game license…

If a nonresident owns, for agricultural purposes, at least six hundred forty contiguous acres west of the Missouri River, if the nonresident is an owner-operator of the land, and if the nonresident has not, pursuant to § 41-6-20 , received a big game license that permits the harv…

All the conditions applicable to licenses issued pursuant to § 41-6-19 apply to the limited permit to hunt deer issued pursuant to § 41-6-19.3 and to the antlerless deer licenses issued pursuant to § 41-6-19.8 . However, the receipt of a limited permit under § 41-6-19.3 or an ant…

The Game, Fish and Parks Commission may establish a nonrefundable application fee not to exceed ten dollars for any resident making application for a bighorn sheep, mountain goat, or elk license. Successful applicants shall be selected by drawing. Proceeds from the application fe…

Any member of the national guard or other reserve component of the armed forces of the United States who was issued an elk, bighorn sheep, or mountain goat license pursuant to § 41-6-19.6 , but was ordered into active federal service in the armed forces of the United States befor…

In addition to any deer license authorized in accordance with § 41-6-19.3 or any other law, in areas designated by the commission, a resident who owns and operates or leases and operates, for agricultural purposes, at least one hundred sixty acres of land may apply for and receiv…

The Game, Fish and Parks Commission shall, by rules promulgated pursuant to chapter 1-26 : (1) Establish the number of resident landowner-on-own-land licenses available for the taking of antlerless elk; (2) Establish eligibility criteria for the license; and (3) Establish the fee…

A resident of this state may hunt or take in a lawful manner fox squirrel, grey squirrel, red squirrel, cottontail rabbit, game birds, or fish during an open season on land or waters on land owned or leased by the resident without first securing a license to do so. Notwithstandin…

It is a Class 1 misdemeanor for a nonresident to hunt, take, or kill big game animals, except wild turkey, without a nonresident big game license or in violation of the conditions of the license or the rules of the Game, Fish and Parks Commission. A nonresident big game license s…

The Game, Fish and Parks Commission may, by rules promulgated pursuant to § 41-2-18 , set the number of licenses issued for the hunting, taking, or killing of any big game animal during any season and establish who is eligible to apply for such licenses. Any person in the armed s…

It is a Class 1 misdemeanor for a person to transport part of any big game animal without a transportation permit or in violation of the conditions of the permit or the rules of the Game, Fish and Parks Commission. The Department of Game, Fish and Parks may issue a permit for tra…

Except as provided in this chapter, it is a Class 2 misdemeanor for any person to hunt, take, kill, or trap fur-bearing animals without a license to take fur-bearing animals or in violation of the conditions of the license or the rules of the Game, Fish and Parks Commission. A li…

No license to take fur-bearing animals may be issued to any nonresident unless the nonresident resides in a state that allows nonresidents of that state, including South Dakota residents, to take fur-bearing animals within that state. Source: SL 2011, ch 191 , § 1.

It is a Class 1 misdemeanor for a person to purchase or contract to purchase for a commercial purpose the raw skins of fur-bearing animals or unskinned fur-bearing animals, including jackrabbits, without a fur dealer's license or in violation of the license or the rules of the Ga…

The Game, Fish and Parks Commission may revoke any fur dealer's license if the commission determines that the holder of the license has violated any provision of §§ 41-14-22 and 41-14-23 relating to fur dealers or has knowingly purchased any skin taken out of season. No person wh…

It is a Class 2 misdemeanor for a resident to hunt, take, or kill wild turkeys without a resident wild turkey license or in violation of the conditions of the license or the rules of the Game, Fish and Parks Commission. A resident wild turkey license permits the licensee to hunt …

It is a Class 2 misdemeanor for a nonresident to hunt, take, or kill wild turkeys without a nonresident wild turkey license or in violation of the conditions of the license or the rules of the Game, Fish and Parks Commission. A nonresident wild turkey license permits the licensee…

If any game animals, game birds, black bears, mountain lions, or wolves are a threat to the public's health, safety, and welfare, or are doing damage to property, the secretary of game, fish and parks may by a written permit authorize a conservation officer, a municipality or cou…

In addition to the specific authority of the secretary of game, fish and parks to issue permits pursuant to § 41-6-29 the Game, Fish and Parks Commission may also, by resolution, authorize the secretary of game, fish and parks to issue a specific number of depredation permits to …

Any person, licensed or unlicensed, may kill a mountain lion if reasonably necessary to protect the life of that person or some other person. Any person, licensed or unlicensed, who owns or cares for livestock or pets, may kill any mountain lion posing an imminent threat to such …

A resident of this state may catch, trap, or kill protected fur - bearing animals upon land occupied by him without obtaining a license so to do, during any period when hunting, catching, taking, trapping, or killing such animals is permitted. Source: SDC 1939, § 25.0308 (4).

Except as provided in this section, it is a Class 2 misdemeanor for a nonresident to hunt, take, or kill species defined as a predator/varmint in § 41-1-1 without a nonresident predator/varmint license or in violation of the conditions of the license or the rules of the Game, Fis…

It is a Class 2 misdemeanor to breed, raise, ship, or sell game birds without a license for breeding and raising birds or in violation of the conditions of the license or the rules of the Game, Fish and Parks Commission. A license for breeding and raising birds permits the breedi…

For the purposes of all classification and administration of the statutes of the State of South Dakota, executive orders, administrative orders, and rules pertaining to upland game birds that are being raised in captivity: (1) Such upland game birds and any products that are lawf…

Persons who possess and are acting within the scope of a scientific collector's license are exempt from the other criminal sanctions in this title. A scientific collector's license may be issued by the secretary of game, fish and parks to persons engaged in bona fide scientific r…

It is a Class 2 misdemeanor for a person to preserve or mount birds, animals, or fish that such person does not own without a taxidermist's license or in violation of the conditions of the license or the rules of the Game, Fish and Parks Commission. A taxidermist's license permit…

Any resident fishing license or any resident senior fishing license permits the licensee to take fish, frogs, and turtles in the manner and to the extent provided in chapters 41-12 and 41-13 . Any resident who has served in the armed forces of the United States and is a patient i…

A nonresident fishing license entitles the licensee to all the privileges of a resident fishing license. The license shall describe the licensee and designate place of residence and post office address. Source: SDC 1939, § 25.0302 (5); SL 1941, ch 105 ; SL 1947, ch 104 ; SL 1949,…

A temporary fishing license entitles the licensee to all privileges of a fishing license. Source: SDC 1939, § 25.0302 (6); SL 1941, ch 105 ; SL 1949, ch 90 , § 4; SL 1953, ch 99 , § 1; SDC Supp 1960, § 25.0302 (5); SL 1966, ch 69 , § 2; SL 1970, ch 235 , § 2; SL 1976, ch 258 , § …

The Department of Game, Fish and Parks may establish a nursing facility group fishing license which entitles residents of any nursing facility licensed by the state the privileges of resident fishing licenses on any individual outing. The fees and regulations for group fishing li…

It is a Class 2 misdemeanor for a person to take fish from the public waters of the state by the use of any hoop net, trap, setline, or similar device without a hoop net, trap, or setline license or in violation of the conditions of the license or the rules of the Game, Fish and …

It is a Class 2 misdemeanor for a person to maintain, operate, or sell fish from a fish hatchery without a private fish hatchery license or in violation of the conditions of the license or the rules of the Game, Fish and Parks Commission. A private fish hatchery license may be is…

A license to take fur-bearing animals is not required of a resident of this state less than eighteen years old to exercise the rights and privileges of the holder of such a license. Source: SDC 1939, § 25.0308 (3); SL 1959, ch 113 , § 2; SL 2009, ch 206 , § 44; SL 2021, ch 184 , …

A private fish hatchery licensee may with the permission of the secretary of game, fish and parks, allow the purchaser of fish propagated or held in a hatchery to fish for them in any private pool located on the hatchery and to remove and transport the fish so caught and purchase…

No license is required for the privilege of purchasing and catching fish pursuant to § 41-6-40 . Source: SDC 1939, § 25.0302 as added by SL 1957, ch 101 ; SL 1959, ch 111 ; SDC Supp 1960, § 25.0302 (12) (c); SL 2009, ch 206 , § 48.

A private fish hatchery licensee shall keep such records and render such reports to the Department of Game, Fish and Parks as required by rules promulgated by the Game, Fish and Parks Commission pursuant to § 41-2-18 . Source: SDC 1939, § 25.0302 as added by SL 1957, ch 101 ; SL …

Except as authorized by this section, it is a Class 1 misdemeanor for a resident to sell to any retail, wholesale, or export bait dealer or to possess or transport bait or other wild animals commonly used as fish bait or biological specimens or to transport or sell bait and speci…