Title 41, GAME, FISH, PARKS AND FORESTRY

No person other than a resident as defined in this title may make application for, purchase, or attempt to purchase a resident license under §§ 41-6-12 to 41-6-45.1 , inclusive. A violation of this section is a Class 2 misdemeanor. Source: SDC 1939, § 25.0306 (1); SL 1941, ch 106…

A nonresident or visitor's license may only be granted under §§ 41-6-16 to 41-6-45.1 , inclusive, to a person whose residence does not qualify the person for a resident license. Source: SDC 1939, § 25.0306 (2); SL 1941, ch 106 ; SL 1949, ch 91 ; SL 1953, ch 103 , § 2; SL 1959, ch…

Only one license of any one type, except visitor's fishing license, nonresident small game license, and nonresident waterfowl license may be obtained under §§ 41-6-16 to 41-6-45.1 , inclusive, by any one person. However, the Game, Fish and Parks Commission may prescribe rules for…

The Game, Fish and Parks Commission may promulgate rules pursuant to chapter 1-26 for the purpose of regulating the remittance to the department of fees collected by agents appointed by the department for the sale of licenses. Source: SL 1985, ch 326 , § 1; SL 1999, ch 210 , § 5.

A license to fish, to the extent and in the manner permitted by a fishing license, is not required of any person less than eighteen years old. Source: SDC 1939, § 25.0308 (2); SL 1959, ch 113 , § 2; SL 2009, ch 206 , § 46; SL 2021, ch 184 , § 2.

Permits under § 41-6-22 may be issued by the secretary of game, fish and parks or any conservation officer. Source: SDC 1939, § 25.0303 (2); SL 1947, ch 103 , § 2; SL 1953, ch 102 ; SL 1959, ch 109 , § 2.

Licenses under §§ 41-6-25 to 41-6-28 , inclusive, under §§ 41-6-31 to 41-6-33 , inclusive, and under §§ 41-6-38 to 41-6-43 , inclusive, may be issued by the secretary of game, fish and parks. The granting of licenses provided under §§ 41-6-32 to 41-6-33 , inclusive, and under §§ …

Any application for any license under this title shall show that the applicant is legally eligible for the license for which the applicant applies. Any person authorized under §§ 41-2-33 and 41-6-61 to issue a license may take the oath of the applicant thereto with the same force…

A licensee shall exhibit the licensee's license or other form of license authorization issued by the Department of Game, Fish and Parks pursuant to Titles 41 and 42 upon request by a conservation officer or other law enforcement officer. A licensee who is sixteen years of age or …

Any license permitted or provided for in this title and § 32-20A-15.1 shall be in such form as the Game, Fish, and Parks Commission or department directs. Source: SDC 1939, § 25.0303 (1) as added by SL 1947, ch 103 , § 2; SL 1953, ch 102 ; SL 1959, ch 109 , § 2; SL 1967, ch 84 , …

No more than four dollars, to be paid for by the licensee, may be charged for the issuing of any one game, fish, or trapping license by the various license agents. However, the maximum amount to be charged for issuing any nonresident small game or nonresident big game license may…

It is a Class 2 misdemeanor for any person to enter upon or into any boundary river, stream, or lake from the South Dakota side of such waters for the purpose of hunting, fishing, or taking of any protected game, fish, or wild fowl therefrom without having first lawfully obtained…

A portion of the license fees collected by the Department of Game, Fish and Parks, in an amount equal to one million thirty - three thousand two hundred sixty - nine dollars and ten cents per year, shall be used only for the following purposes: administration of licensing service…

No license issued under this chapter or part of a license or tag is transferable. A violation of this section is a Class 1 misdemeanor. Source: SDC 1939, § 25.0306 (5); SL 1941, ch 106 ; SL 1949, ch 91 ; SL 1992, ch 293 , § 10.

Licenses issued under this title are valid for the license year as provided by the applicable license and rules promulgated by the Game, Fish and Parks Commission in accordance with chapter 1-26 . Waterfowl hunting licenses expire at the end of the last day of the hunting season …

No person may at any time apply for, procure, or possess a license or preference point under an assumed name or in which an address other than the person's regular place of residence is given, or make any false statement whatsoever in securing a license or preference point, lend …

At the time of conviction for any one of the following offenses: (1) Violation of any game and fish law punishable as a Class 1 misdemeanor; (2) Violation of § 41-8-37 , 41-9-1.2 , or 41-8-17 except for a landowner, occupant, or accompanying guests of the landowner or occupant on…

At the time of conviction for taking or possessing in excess of the lawful daily or possession limit any of the following: (1) Three or more paddlefish; (2) Four or more turkeys; (3) Seven or more of any one game fish as regulated other than paddlefish; (4) Seven or more of any o…

If a person's privilege has been revoked pursuant to § 41-6-74.1 or 41-6-74.2 , the person, if present at the time of conviction, shall immediately surrender and deliver the license to the court or clerk of courts at which time the revocation shall be noted on the face of the lic…

Any person hunting, fishing, or trapping during any period when that privilege has been revoked pursuant to § 41-6-74.1 or 41-6-74.2 or who purchases or attempts to purchase a license to which that person is not entitled while under revocation is guilty of a Class 1 misdemeanor. …

Any person who has had hunting, fishing, or trapping privileges revoked or suspended in any other state or country may not purchase a license for or exercise that same privilege in this state during the period of revocation or suspension. Any hunting, fishing, or trapping license…

A person whose hunting, trapping, or fishing privileges have been suspended is prohibited from exercising the suspended privilege, or applying for a license, permit, or preference point that corresponds to the suspended privilege. A violation of this section is a Class 1 misdemea…

Except as otherwise provided, it is a Class 2 misdemeanor for a resident to catch or attempt to catch, take, kill, or have in the resident's possession any fish, frogs, or turtles without a resident fishing license, a resident senior fishing license, a temporary fishing license, …

Except as otherwise provided, it is a Class 2 misdemeanor for a nonresident to catch or attempt to catch, take, kill, or possess any fish, frogs, or turtles without a nonresident fishing license, a temporary fishing license, or a nonresident family fishing license or in violation…

No person may train dogs on wild game birds from April fifteenth to July thirty - first, inclusive. The commission shall promulgate rules pursuant to chapter 1-26 to impose restrictions on the methods, dates, and number of dogs that may be trained on wild game birds on public lan…

Except as provided in § 41-6-6 , it is a Class 2 misdemeanor for any nonresident of the State of South Dakota to take, shoot, or kill, in any manner whatsoever, any protected game, fish, or wildfowl on any boundary river, stream, or lake of the State of South Dakota or to carry o…

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

A mentored youth hunting license may be issued to a child under the age of sixteen. The child must be accompanied by a hunting mentor. A hunting mentor may be the child's parent or guardian or any other competent adult who has the consent of the child's parent or guardian. The hu…

Any person convicted of unlawfully killing, destroying, taking, or possessing a trophy animal, as defined in § 41-1-1.3 , shall forfeit all preference points accumulated pursuant to rules promulgated pursuant to chapter 1-26 by the Game, Fish and Parks Commission. Source: SL 2013…

Wolves may only be hunted, taken, or killed in any area of the state in which the State of South Dakota has preeminent authority over the management of wolves. Source: SL 2013, ch 206 , § 2.

The Game, Fish and Parks Commission may provide for a special license that allows a person to hunt one or more game animals. The commission may establish a nonrefundable application fee, not to exceed ten dollars for any resident and not to exceed twenty dollars for any nonreside…

Except as provided in § 41-6-10.2 , a person eighteen years of age or older shall purchase a habitat stamp when applying for or purchasing a hunting or fishing license. The fee for the habitat stamp shall be ten dollars for residents and twenty-five dollars for nonresidents. A pe…

All revenue collected from the sale of the habitat stamp provided for in § 41-6-85 shall be deposited in the game, fish and parks fund for the purposes of enhancing terrestrial habitat on public lands, providing additional public access to private lands and aquatic habitat enhanc…

Notwithstanding § 41-6-13 , a hunting license, other than a mentored youth hunting license, may not be issued to a child under the age of sixteen, unless the child presents to the person authorized to issue the license: (1) A certificate verifying the successful completion of a h…

The Game, Fish and Parks Commission shall provide by rules promulgated pursuant to chapter 1-26 for a course of instruction and training in the safe handling of firearms and other hunting implements, provide for compensation to instructors, issuance of a certificate of successful…

No person may hunt, shoot, shoot at, wound, kill, or pursue any big game animal with any muzzle loading rifle which discharges a projectile the diameter of which projectile is less than forty - four hundredths of an inch. A violation of this section is a Class 2 misdemeanor. Sour…

No self - loading or auto - loading firearm that holds more than six cartridges may be used to hunt, pursue, shoot at, shoot, kill, or wound any of the big game animals of this state. A violation of this section is a Class 2 misdemeanor. Source: SDC 1939, § 25.0708 as enacted by …

No firearm that is capable of being operated as a full automatic may be used to hunt, shoot, shoot at, wound, kill, or pursue any of the big game or small game animals of this state. A violation of this section is a Class 2 misdemeanor. Source: SDC 1939, § 25.0708 as enacted by S…

No buckshot may be used, and no single ball or rifled slug weighing less than one - half ounce may be used in hunting big game animals. A violation of this section is a Class 2 misdemeanor. Source: SDC 1939, § 25.0708 as enacted by SL 1945, ch 100 ; SL 1949, ch 99 ; SL 1953, ch 1…

No dog may be used in hunting big game animals except as follows: (1) A dog may be used in the hunting of mountain lions during established hunting seasons in the manner and under such conditions as provided by rules promulgated by the Game, Fish and Parks Commission pursuant to …

No person may place any salt or salt lick or construct, occupy, or use any screen, blind, or scaffold, or other device at or near any salt or salt lick for the purpose of enticing or baiting big game animals to the same for the purpose of hunting, watching for, or killing of big …

Between sunset and sunrise, no person may use or possess night-vision equipment or throw or cast the rays of a spotlight, motor vehicle headlight, or other artificial light onto a highway, or into any field, pasture, woodland, forest, or prairie, for the purpose of spotting, loca…

Except as otherwise provided in § 41-8-17, between 10 p.m. and sunrise, from September first to January thirty-first, inclusive, no person may cast the rays of a spotlight, or any artificial light other than a motor vehicle headlight, into any field, pasture, woodland, forest, or…

A violation of § 41-8-2 , 41-8-6 , or 41-8-15 is a Class 1 misdemeanor for each prohibited act or each big game animal or any part thereof, taken, caught, killed, sold, offered, or exposed for sale, in possession or in possession with intent to sell, shipped by common carrier, or…

Except as authorized by chapter 41-6 and this chapter, no person may set or operate any trap, hunt, catch, take, trap, or kill any fur-bearing animal. A violation of this section is a Class 2 misdemeanor. Source: SDC 1939, § 25.0801; SL 1941, ch 121 ; SL 1947, ch 113 ; SL 1951, c…

Except as otherwise expressly provided, no person may pursue, hunt, take, possess, shoot at, kill, wound, or capture any big game animal within the limits of this state at any time. A violation of this section is subject to § 41-8-18 . Source: SDC 1939, § 25.0701; SL 1941, ch 119…