Title 41 — GAME, FISH, PARKS AND FORESTRY

41-6-70. Repealed by SL 1999, ch 210 , § 13

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…

41-6-71 License not transferable--Violation as misdemeanor. 41-6-72 Expiration of licenses. 41-6-73 Unauthorized application for, or procurement or possession of, license or preference point--Misdemeanor. 41-6-74

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 …

41-6-74.2 Revocation of hunting, fishing, or trapping privilege for conviction of taking or possessing in excess of limit. 41-6-74.3 Revocation to be noted on face of license--Violation as misdemeanor. 41-6-75 Penalty for hunting, fishing or trapping while under license revocatio…

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…

If a person's privilege has been revoked pursuant to § 41-6-74.1 or 41-6-74.2 , the person, if present at the time of conviction, shall immediately surrender and deliver the license to the court or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. …

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…

41-6-81 Hunter mentoring program--License--Requirements--Promulgation of rules. 41-6-82 Forfeiture of preference points for killing or possessing trophy animals. 41-6-83 Restriction on hunting wolves. 41-6-84 Special license to hunt game animals--Proceeds used for habitat program…

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…

41-6-10.1 Combination licenses--Issuance. 41-6-10.2 Certain disabled residents and residents held as prisoners of war eligible for reduced license fees. 41-6-11

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…

The permit authorizes the owner or lessee, or a person who holds a valid aerial hunting permit issued by the department and who is under contract with the owner or lessee, to kill or attempt to kill coyotes or foxes from the aircraft on the occupied land and up to four miles onto…

In addition, the court shall revoke that person's hunting privileges for a period of five years. Source: SDC 1939, § 25.9906; SL 1970, ch 20 , § 1 (3); SL 1976, ch 260 ; SL 1977, ch 190 , § 562; SL 1978, ch 158 , § 68; SL 1980, ch 285 , § 2; SL 1982, ch 289 , § 3; SL 1991, ch 337…

41-8-2 Hunting or possession of big game prohibited except as expressly provided--Violation. 41-8-2.1

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…

41-8-16 Use of salt to attract big game prohibited. 41-8-17 Night-vision equipment and artificial light in hunting prohibited--Exceptions--Penalty. 41-8-17.1 Spotlighting and artificial lighting--Prohibitions--Exceptions--Violation as misdemeanor. 41-8-18 Big game hunting violati…

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…

41-8-20 Open seasons on fur-bearing animals. 41-8-21 Possession of raw furs after close of season--Furs checked with conservation officer--Violation as misdemeanor. 41-8-22

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 §

Repealed by SL 1999, ch 209 , § 1 41-8-3

Fur - bearing animals may be hunted, caught, taken, trapped, or killed by the holder of the license provided by § 41-6-23 , or by a person specifically exempted from obtaining a license during seasons prescribed by the Game, Fish and Parks Commission. The commission may set the e…

The raw furs of animals hunted, caught, taken, trapped, or killed pursuant to § 41-8-20 may be had in possession after the close of any season prescribed by § 41-8-20 if they have been checked with a conservation officer within ten days after the close of the season. A violation …

41-8-23 Killing of mink, muskrats, and beavers causing damage. 41-8-24 Prohibited methods of hunting mink, muskrats and beavers--Violation as misdemeanor. 41-8-24.1 Shooting of muskrats under certain conditions. 41-8-25 Maximum number of traps--Disturbance of muskrat houses--Viol…

Mink may be killed at any time if doing damage around buildings but all such mink killed are the property of the state, if taken during the closed season. If muskrat or beaver are injuring irrigation ditches, dams, embankments, or public highways, or causing any other damage to p…

No person may hunt any mink or muskrat with the aid of any dog, or dig, disturb, or molest any mink den or beaver house for the purpose of capturing any of these animals. No person may use poison, gas, or smokers of any kind to kill, take, or capture mink, muskrats, or beavers. N…

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…