Title 41 — GAME, FISH, PARKS AND FORESTRY

Any island or accumulation of land formed in the bed of a navigable stream or meandered lake on the Missouri River below the Fort Randall Power Plant and Lake Francis Case, belonging to the state as provided by § 5-2-4 , is under the supervision of the secretary of the Department…

For purposes of this section and § 41-4-13 , a hunting guide is a person who holds himself or herself out to the public as a hunting guide and, for compensation or remuneration, directs or provides services to any person for the purpose of hunting any wild animal. Source: SL 1998…

No person, acting as a hunting guide as defined in § 41-4-12 , may guide any hunting activity on state - owned or managed game production areas, state parks, recreation areas, and lakeside use areas, federal land leased or under agreement to the state which is posted as a game pr…

Payment for lands acquired by eminent domain, including the cost and expenses of condemnation proceedings, shall be paid out of the Department of Game, Fish and Parks fund, and such part of such fund as may be necessary is hereby appropriated for such purposes, and the state audi…

Three dollars received from the sale of each nonresident small game license shall be placed in a fund to be known as the land acquisition and development fund. The moneys from this fund shall be used for the following purposes: (1) To acquire by purchase or lease real property to…

All timber sold from lands under the jurisdiction of the Department of Game, Fish and Parks shall be sold in the manner provided by §§ 41-4-5 to 41-4-7 , inclusive. Source: SL 1945, ch 90 , § 8; SDC Supp 1960, § 25.1309 (3); redesignated § 25.1308 by SL 1966, ch 73 , § 2.

The Department of Game, Fish and Parks, at its discretion, may sell timber valued in excess of three hundred dollars either by the filing of sealed bids or at public auction. Sales of timber valued at less than three hundred dollars may be made by negotiation and without the nece…

The Department of Game, Fish and Parks shall publish notice of timber sales in three official newspapers in the county or vicinity in which the timber is located, once each week for at least two consecutive weeks before the sales date. The notice shall set forth the approximate b…

No sale may be made under §§ 41-4-4 to 41-4-6 , inclusive, unless the sum offered is at least ninety percent of the appraised value of the timber as fixed by the state forester, and all sales shall be made to the highest responsible bidder. The Department of Game, Fish and Parks …

All state-owned lands, known as public shooting areas, acquired under the provisions of §§ 41-2-19 to 41-2-21 , inclusive, or which may hereafter be so acquired, and all state-owned game production lands or areas and controlled hunting areas, are subject to taxation by the local …

If the United States of America condemns and takes by eminent domain any realty owned by the State of South Dakota that is held and administered by the Department of Game, Fish and Parks and if the department has given leases for the property to private parties before the condemn…

Source: SL 1997, ch 234 , § 4; SL 2000, ch 207 , § 3.

Source: SL 1979, ch 281 , § 2; SL 1988, ch 335 ; SL 1991, ch 337 , § 37; SL 1992, ch 298 ; SL 1998, ch 257 , § 1; SL 2017, ch 184 , § 1. 41-6-66.2. Repealed by SL 2005, ch 224 , § 2, eff. July 1, 2008. 41-6-67. Repealed by SL 1999, ch 210 , § 9

Persons who are exempt from the requirements for obtaining the licenses specified by this chapter are still required to abide by the other conditions required by statute, the conditions of a license, as if they were licensed, and the rules of the Game, Fish and Parks Commission a…

Licenses, permits, and stamps issued under this title are classified as follows: (1) Breeding and raising birds license; (2) Disabled hunter permit; (3) Export bait dealer license; (4) Fur dealer's license; (5) Hoop net, trap, or setline license; (6) Mentored youth hunting licens…

The Department of Game, Fish and Parks may issue combination licenses comprised of those licenses authorized pursuant to this chapter. The fee for this combination license may be less than the sum of the fees charged for the component licenses if issued separately. Source: SL 197…

Any resident who meets the requirements of this section may apply to the licensing office of the Department of Game, Fish and Parks in Pierre and receive a resident small game license and a resident fishing license upon payment of a reduced fee to be established by the Game, Fish…

41-6-13 Hunting license for minor less than sixteen--Restrictions and requirements--Violation as misdemeanor. 41-6-14 Minor hunter--Safety instruction required. 41-6-15

Any person who is a resident of this state, as defined by this title, qualifies as a resident for securing a resident hunting license, fishing license, or preference point. A person who is not a resident of this state, as defined by this title, shall secure an applicable nonresid…

If a hunting license is granted to a person who is under sixteen years of age, the licensee shall be accompanied by a parent, guardian, or responsible adult, and is valid for the license year as provided by the applicable license and rules promulgated by the Game, Fish and Parks …

Except as otherwise provided in § 41-6-81 , a person under the age of sixteen shall comply with the provisions of chapter 41-7 , pertaining to firearms safety, before being granted a resident hunting license or an applicable nonresident hunting license. Source: SDC 1939, § 25.030…

Repealed by SL 2000, ch 205 , § 5 41-6-15.1

41-6-16.1

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 §

41-6-16.2 License not required of resident on active duty in U.S. armed forces--Exception for migratory bird hunting. 41-6-17 Nonresident licenses and permits for hunting of small game and migratory birds--Privileges--Violation as misdemeanor. 41-6-18

armed forces--Exception for migratory bird hunting. 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…

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…

41-6-18.2 Limitation of number of nonresident waterfowl licenses--Lottery selection. 41-6-18.3

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…

41-6-18.5 Temporary nonresident waterfowl license--Active duty military--Limit. 41-6-19 Resident big game license--Privileges and fee--Violation as misdemeanor. 41-6-19.1 Resident elk license--Privileges and fee--Violation as misdemeanor. 41-6-19.2

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…

41-6-19.4 Nonresident landowner--Limited deer or antelope license--Promulgation of rules. 41-6-19.5 Conditions applicable to limited deer permit and antlerless deer licenses--Eligibility for subsequent season. 41-6-19.6 Nonrefundable application fee for resident bighorn sheep, mo…

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 §

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…

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. 41-6-24. Repea…

41-6-25 Fur dealer's license--Privileges--License valid for one year--Violation as misdemeanor. 41-6-26 Revocation of fur dealer's license--New license prohibited for two years. 41-6-27 Resident wild turkey license--Privileges--Violation as misdemeanor. 41-6-28 Nonresident wild t…

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…