Title 41, GAME, FISH, PARKS AND FORESTRY

Muskrats may be hunted by shooting with rimfire cartridges of .22 caliber or smaller, muzzleloaders of .45 caliber or smaller, shotguns, or legal archery equipment. The Game, Fish and Parks Commission shall promulgate rules pursuant to chapter 1-26 to specify hunting seasons, hun…

No person may molest, injure, or destroy any muskrat house, except in the open season for the taking, catching, or killing of muskrats. However, muskrat houses may, for the purpose of placing traps therein, be opened in such manner as will not destroy, damage, or injure them as a…

The provisions of §§ 41-8-24 and 41-8-25 that refer to muskrats do not apply to the counties of Haakon, Jackson, Jones, Lyman, and Stanley. Source: SDC 1939, § 25.0801 as added by SL 1959, ch 123 ; SL 1961, ch 122 ; SL 1977, ch 331 ; SL 1982, ch 284 , § 2.

Any person who steals, damages or destroys a trap of another employed in the manner defined in subdivision 41-1-1(25), or who steals, damages, or destroys animals, animal carcasses, or the pelts thereof, held fast by such traps, is guilty of a Class 1 misdemeanor. A violation of …

Any person who is found guilty as specified in § 41-8-28 who holds a South Dakota trapping license shall upon conviction deliver the license to the judge pronouncing sentence. The judge shall forward the license to the Department of Game, Fish and Parks. The department shall canc…

No person may at any time hunt, catch, take, attempt to take, or kill any small game or game animal in any other manner than by shooting the same with a firearm, except: (1) Game birds and animals may be taken with birds trained in falconry or with bow and arrow; (1A) Cottontail …

The provisions of § 41-8-31 notwithstanding, any person who holds a big game license to take a big game animal during the firearm season may take the animal by using a crossbow in lieu of a firearm. As used in this section, the term, crossbow, means a device for propelling a bolt…

No person may make use of, hunt or shoot from, any floating battery, sink box, or any similar device on any of the waters of this state. A violation of this section is a Class 2 misdemeanor. Source: SDC 1939, § 25.0414; SL 1967, ch 85 , § 5; SL 1969, ch 100 ; SL 1991, ch 337 , § …

No person may make use of, hunt, or shoot from any boat propelled except with oars or paddles, except when a boat or other craft with motor attached is beached, resting at anchor, or fastened within or tied immediately alongside of any type of fixed hunting blind or natural cover…

No person, who is in or on a motor vehicle, may discharge a firearm or bow and arrow at any wild animals except coyotes, jackrabbits, rodents, skunks, badgers, raccoons, and foxes. Licensed hunters who are paraplegics or otherwise physically unable to walk with or without crutche…

It is a Class 1 misdemeanor for any person to: (1) Kill or attempt to kill any wild bird or animal from an aircraft, except as otherwise provided for in § 41-8-39.1 ; or (2) Use an aircraft for the purpose of hunting, taking, concentrating, driving, rallying, stirring up, locatin…

Notwithstanding the provisions of § 41-8-39 , any person occupying land as an owner or lessee may apply to the Department of Game, Fish and Parks for a permit to kill or attempt to kill coyotes or foxes from an aircraft to protect or aid in the protection of the owner's or lessee…

Notwithstanding the provisions of § 41-8-39 , the Department of Game, Fish and Parks may contract with aerial hunters to control foxes and coyotes as permitted under P. L. 92-159 or § 40-36-9 if requested by landowners or tenants. Source: SL 1973, ch 268 , § 3; SL 1978, ch 297 , …

The taking of game, including any game bird or any game animal of any kind in any river, lake, or waters forming the boundary line between this and any other state, at any time or in any manner prohibited by the laws of any such adjoining state, is a Class 2 misdemeanor. The Depa…

A person using a firearm to hunt any big game animal, other than a turkey or a mountain lion, shall wear, in a visible manner above the waist, a fluorescent orange or fluorescent pink exterior garment. For purposes of this section, the term "exterior garment" means a hat, cap, sh…

A prairie dog shooting season is open statewide year-round, with no limitation on shooting hours and no prairie dog daily or possession limits. Source: SL 2011, ch 193 , § 1.

Any of two or more persons who mutually agree to hunt small game as a party and who maintain visual and unaided vocal contact may take more than one daily limit of small game. However, the total number of small game taken by the party may not exceed the aggregate daily limit for …

No person may pursue, hunt, take, or kill any big game animal at any time, except persons to whom a big game license has been issued. A violation of this section is subject to § 41-8-18 . Source: SDC 1939, § 25.0702; SL 1943, ch 96 ; SL 1967, ch 89 , § 2; SL 1977, ch 190 , § 557;…

Each act of pursuing, hunting, or killing any big game animal without a license is a distinct and separate offense; and every act of pursuing, hunting, or killing of any big game animal during the closed season is a distinct and separate offense. Source: SDC 1939, § 25.0706; SL 1…

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 § 41-9-8 . Source: SDC 1939, § 25.0427; SL 1947, ch 112 , § 1; …

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…

. 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 s…

For purposes of § 41-9-1.1 any public right - of - way along a section - line or other highway is open for public hunting, fishing, or trapping if: (1) The right - of - way has been commonly used by the public for vehicular travel, as demonstrated by the existence of a well - wor…

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…

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 …

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.

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…

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…

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…

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.

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.

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,…

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…

Terms used in this chapter mean: (1) "Commission," the Game, Fish and Parks Commission, acting directly or through its duly authorized officers or agents; (2) "Department," the Department of Game, Fish and Parks, acting directly or through its duly authorized officers or agents; …

All game released on a shooting preserve shall be marked as prescribed by the Game, Fish and Parks Commission. All game not marked as prescribed is deemed wild game. Source: SL 1963, ch 148 , § 6; SL 2009, ch 206 , § 59.

The season length on shooting preserves may be all or any part of the seven - month period beginning September first and ending March thirty - first of the following year. Source: SL 1963, ch 148 , § 9.

A South Dakota resident small game license or a resident youth small game license is required of each resident hunting on a shooting preserve. Any nonresident hunting small game on a shooting preserve shall obtain a nonresident shooting preserve license or a nonresident small gam…

The guest of a shooting preserve permittee, after securing any necessary hunting licenses as required by this chapter, may harvest any game released in the shooting preserve, and as provided for in § 41-10-16 , all of the wild game in the area of the same species as those release…

Within the limits set by the commission, in rules promulgated pursuant to chapter 1-26 , the shooting preserve permittee may establish shooting hours and limitations and restrictions on the age, sex, number, and type of each game species that may be taken by each person. The perm…

Any person licensed to hunt a species as required by this chapter may harvest and legally possess pen raised or wild game shot on a shooting preserve if the game is tagged as directed by the commission in rules promulgated pursuant to chapter 1-26 . The provisions of this section…

Each shooting preserve permittee shall maintain a guest register in which is listed the name, address, and South Dakota general license number or nonresident shooting preserve license of each shooter, the date on which he hunted, and the amount of game and species taken. Likewise…

It is a Class 1 misdemeanor to own, operate, lease, or control a shooting preserve without the operating permit authorized by § 41-10-7 or in violation of statute, the conditions of the permit or the rules of the Game, Fish and Parks Commission. Source: SL 1963, ch 148 , § 12; SL…

The Game, Fish and Parks Commission may pursuant to chapter 1-26 revoke or suspend the permit of a permittee for any violation of this chapter or any of the rules of the commission committed by the permittee or any person involved in the operation of the permittee's preserve. Sou…

The department may issue and renew shooting preserve operating permits for privately owned and operated shooting preserves. Source: SL 1963, ch 148 , § 4; SL 1984, ch 273 , § 77; SL 2005, ch 226 , § 2.

An appeal may be taken to the circuit court pursuant to the procedure of chapter 1-26 within ten days after a decision of the Game, Fish and Parks Commission to suspend or revoke a shooting preserve operating permit. The circuit court may take additional evidence in any action wh…

This chapter may be cited as the Private Shooting Preserve Act. Source: SL 1963, ch 148 , § 1.