Title 41 — GAME, FISH, PARKS AND FORESTRY

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.

Any person owning, holding, or controlling, by lease or otherwise, any contiguous tract of land of not more than two thousand five hundred sixty acres, who desires to establish a shooting preserve under the regulations provided in this chapter, may make application to the departm…

The fee for a shooting preserve operating permit is one hundred dollars per shooting preserve season plus forty cents for each acre within the boundary of the described shooting preserve. Source: SL 1963, ch 148 , § 3; SL 1986, ch 356 , § 1; SL 1987, ch 308 , § 2.

Upon receipt of a written application for a new shooting preserve operating permit, the department shall notify the public of the application by publishing notice of the time and manner in which interested persons may present data, opinions, or arguments in writing to the departm…

Upon receipt of the application for a shooting preserve operating permit, the department shall inspect the area described in the application, the premises, and the facilities. The department also shall evaluate the ability of the applicant to operate an area of this character. So…

If the department is satisfied that all of the following criteria have been established by the applicant: (1) The applicant for a shooting preserve operating permit proposes to comply with all of the provisions of this chapter and the commission rules promulgated pursuant to this…

If an applicant is denied a shooting preserve operating permit by the department, the applicant may make a written request to the department for a contested case hearing before the commission pursuant to chapter 1-26 . The written request shall be mailed to the department by cert…

If an applicant is granted a new shooting preserve operating permit by the department, any interested person who has requested the status of an interested party and who has presented data, opinion, or arguments in writing to the department pursuant to the requirements in § 41-10-…

Each shooting preserve operating permit shall be issued upon the express condition that the permittee agrees that any law enforcement officer or any representative of the Department of Game, Fish and Parks may enter and inspect the premises on which preserve operations are conduc…

Game that may be hunted under this chapter includes mallard ducks, pheasants, quail, partridges, turkey, and such other species of game as the Game, Fish and Parks Commission may add in rules promulgated pursuant to chapter 1-26 . The commission may exclude mallard ducks from the…

All wild birds or animals as defined by subdivision 41-1-1(24), both resident and migratory, in this state shall be and are hereby declared to be property of the state. Source: SDC 1939, § 25.0401; SL 1969, ch 100 .

The English or European house sparrow, unbanded undomesticated pigeon (rock dove), Eurasian collared dove, and European starling are not included among the birds protected by this chapter. Purple grackle, crow, magpie, brown headed cow bird, red-winged blackbird, Brewers blackbir…

A person shall obtain a raptor license from the Department of Game, Fish and Parks to capture or possess a raptor. A violation of this section is a Class 2 misdemeanor. Source: SL 1972, ch 226 ; SL 1984, ch 273 , § 81. 41-11-12 to 41-11-14. Repealed by SL 1985, ch 15 , §§ 54 to 5…

The Department of Game, Fish and Parks and the Department of Agriculture and Natural Resources may participate in programs to reintroduce the black - footed ferret if the following conditions are being met: (1) Areas containing prairie dogs but not having the potential to support…

Except as permitted by § 41-11-10 and the rules prescribed by the Game, Fish and Parks Commission, no person may kill, catch, or have in possession, living or dead, any wild bird other than small game, or purchase, offer or expose for sale, transport, or ship within or without th…

41-11-5 Establishing season for game birds--Closing. 41-11-5.1

Except as provided in § 41-11-5 , no person may hunt, take, kill, ship, convey, or cause to be shipped or transported by common or private carrier to any person, either within or without the state, buy, barter, expose for sale, sell to anyone, have in possession or under control …

The Game, Fish and Parks Commission may establish a season on any fowl specified in § 41-11-4 throughout all or any portion of the state and provide the extent of the season by rules adopted pursuant to §

Repealed by SL 1972, ch 227 , § 3 41-11-5.2

Repealed by SL 1991, ch 337 , § 73 41-11-5.3

Repealed by SL 1972, ch 227 , § 3 41-11-5.4

41-11-6

Any nonprofit organization may establish a special pheasant hunt in which disabled veterans or Purple Heart recipients of the United States Armed Forces may participate. The special pheasant hunt may be held before or during the regular pheasant season. No fee may be charged to p…

41-11-8 Sale of parts of protected bird prohibited--Exceptions--Violation as misdemeanor. 41-11-9

Except as permitted by statute, no person may take or have in possession or break or destroy any nest or the eggs of the kinds of birds, the taking or killing of which is at any time or at all times prohibited. A violation of this section is a Class 2 misdemeanor. Source: SDC 193…

No part of the plumage, skin, or body of any bird protected by law may be sold or had in possession for sale, irrespective of whether such bird was captured or killed within or without the state, except that the plumage or skin of the Chinese pheasant, sharptail grouse, Hungarian…

41-11-11 Raptor license required--Violation as misdemeanor. 41-11-12 41-11-12 to 41-11-14. Repealed by SL 1985, ch 15 , §§ 54 to 56 41-11-15 Reintroduction of black-footed ferret.

41-12-2 Fishing in private water used for propagation as misdemeanor except by consent. 41-12-3 Labeling and access to fishing houses erected on ice--Neglect as misdemeanor--Exception for portable shelters. 41-12-4

41-12-11

41-12-12 Fishing devices prohibited--Landing nets and gaffs permitted--Violation as misdemeanor. 41-12-13 Use of explosives, electrical devices, and drugs as misdemeanor. 41-12-14 Departmental agents exempt when managing fishery resources. 41-12-15 Law of adjoining state to be ob…

No spear, spear gun, bow and arrow, crossbow, snaghook, setline, hoop net, trap, artificial light, or other device except hook and line may be used for fishing except as expressly provided by rules promulgated by the Game, Fish and Parks Commission pursuant to chapter 1-26 . Howe…

It is a Class 1 misdemeanor to kill, take, or attempt to kill, or take in any waters for any purpose, any fish by the use of any explosive, electrical device, poisonous, deleterious, or stupefying substance, unless written authorization to do so is obtained from the Department of…

Appointees and employees of the Department of Game, Fish and Parks are exempted from the provisions of this chapter and chapter 41-13 when carrying out assigned duties and responsibilities of managing the fisheries resources in the public waters of the state. Source: SDC 1939, § …

The taking of any fish with or the placing, maintaining, or using of a net or seine in any river, lake, or waters forming the boundary line between this and any other state of the United States, at any time or in any manner prohibited by the laws of any such adjoining state, is a…

Notwithstanding § 41-12-15 , any person having a resident fishing license may take suckers, red horse, buffalo, carp, eel, eelpout, and catfish (except bullheads) from the waters of the Missouri River as prescribed by the provisions of §§ 41-12-5 to 41-12-8 , inclusive, and §

Notwithstanding § 41-12-15 , the Game, Fish and Parks Commission may, in its discretion, at such time as it may deem proper, permit the seining of scavenger or nonprotected fish from the rivers, lakes, or waters described in §

41-12-19 Agreements with adjoining states for reciprocal recognition of licenses and enforcement. 41-12-20

The Department of Game, Fish and Parks may enter into agreements with the appropriate agencies of bordering states for the purpose of providing for reciprocal recognition of licenses and permits and reciprocal enforcement of regulations pertaining to hunting, fishing, boating, an…

It is a Class 2 misdemeanor for any person to catch, kill, or take any fish in any manner from any private water used for the propagation of fish except by the consent of the proprietor of the private water. Source: SDC 1939, § 25.0613 as enacted by SL 1961, ch 120 , § 2; SL 1977…

41-12-21 Limit of fish taken by fishing party--Exception. 41-12-1. Repealed by SL 1991, ch 337 , § 77