Title 41, GAME, FISH, PARKS AND FORESTRY

For the purposes of administering this chapter and compact and to serve as a governing body for the resolution of all matters relating to the operation of this compact, a board of compact administrators is established. The board is composed of one representative from each of the …

Each member of the board of compact administrators is entitled to one vote. No action of the board is binding unless taken at a meeting at which a majority of the total number of the board's votes are cast in favor of the action. Action by the board may be only at a meeting at wh…

The board shall elect annually from its membership a presiding officer and a vice presiding officer. Source: SL 2004, ch 267 , § 19.

The purpose of this chapter and compact is to provide a means through which participating states may join in a reciprocal program to provide for the fair and impartial treatment of wildlife violators operating within participating states in recognition of the violator's right to …

The board shall adopt bylaws consistent with the provisions of this chapter and compact or the laws of a participating state for the conduct of its business and may amend and rescind its bylaws. Source: SL 2004, ch 267 , § 20.

The board may accept for any of its purposes and functions under this compact any and all donations and grants of money, equipment, supplies, materials, and services, conditional or otherwise, from any state, the United States, or any governmental agency, and receive, utilize, an…

The board may contract with, or accept services or personnel from, any governmental or intergovernmental agency, individual, firm, or corporation, or any private nonprofit organization or institution. Source: SL 2004, ch 267 , § 22.

The board shall formulate all necessary procedures and develop uniform forms and documents for administering the provisions of this compact. All procedures and forms adopted pursuant to board action must be contained in a compact manual. Source: SL 2004, ch 267 , § 23.

This compact becomes effective at such time as it is adopted in a substantially similar form by two or more states. Source: SL 2004, ch 267 , § 24.

Entry into the compact shall be made by resolution of ratification approved by the South Dakota Department of Game, Fish and Parks Commission and submitted to the presiding officer of the board. Source: SL 2004, ch 267 , § 25.

The resolution shall substantially be in the form and content as provided in the compact manual and shall include the following: (1) A citation of the authority from which the state is empowered to become a party to this compact; (2) An agreement of compliance with the terms and …

The effective date of entry shall be specified by the applying state but may not be less than sixty days after notice has been given by the presiding officer of the board of the compact administrators or by the secretariat of the board to each participating state that the resolut…

A participating state may withdraw from participation in this compact by official written notice to each participating state. Withdrawal does not become effective until ninety days after the notice of withdrawal is given. The notice shall be directed to the compact administrator …

The South Dakota Department of Game, Fish and Parks Commission is authorized on behalf of the state to enter or withdraw from the interstate wildlife violator compact pursuant to the terms of §§ 41-15A-24 , 41-15A-25 , and 41-15A-26 . Source: SL 2004, ch 267 , § 29.

Terms used in this chapter and compact mean: (1) "Citation," any summons, complaint, summons and complaint, ticket, penalty assessment, or other official document that is issued to a person by a wildlife officer or other peace officer for a wildlife violation and that contains an…

This compact may be amended. Amendments shall be presented in resolution form to the presiding officer of the board of the compact administrators and shall be initiated by one or more participating states. Source: SL 2004, ch 267 , § 30.

Adoption of an amendment requires endorsement by all participating states and becomes effective thirty days after the date of the last endorsement. Source: SL 2004, ch 267 , § 31.

Failure of a participating state to respond to the compact presiding officer within one hundred twenty days after receipt of a proposed amendment constitutes endorsement of the amendment. Source: SL 2004, ch 267 , § 32.

The South Dakota Department of Game, Fish and Parks Commission is authorized to adopt amendments to the interstate wildlife violator compact pursuant to the terms of sections §§ 41-15A-30 , 41-15A-31 , and 41-15A-32 . Source: SL 2004, ch 267 , § 33.

This compact shall be liberally construed so as to effectuate its intended purposes. The provisions of this compact are severable, and if any phrase, clause, sentence, or provision of this compact is declared to be contrary to the constitution of any participating state or the Un…

The Department of Game, Fish and Parks shall enforce the interstate wildlife violator compact and shall do all things within the department's jurisdiction that are necessary to effectuate the purposes and the intent of the compact. Source: SL 2004, ch 267 , § 4.

When issuing a citation for a wildlife violation, a wildlife officer may issue a citation to any person whose primary residence is in a participating state in the same manner as though the person was a resident of the issuing state and may not require such person to post collater…

Personal recognizance is acceptable: (1) If not prohibited by state or local law or the compact manual; and (2) If the violator provides adequate proof of identification to the wildlife officer. Source: SL 2004, ch 267 , § 6.

If a person fails to comply with the terms of a wildlife citation, the person's failure to comply shall be reported to the licensing authority of the issuing state. The report shall be made in accordance with procedures specified by the issuing state and shall contain information…

Upon receipt of the report of noncompliance pursuant to § 41-15A-7 , the licensing authority of the issuing state shall transmit to the licensing authority of the violator's home state information related to the failure of the violator to comply with the terms of a citation in th…

Upon receipt of a report from the licensing authority of the issuing state reporting the failure of a violator to comply with the terms of a citation, the licensing authority of the violator's home state shall notify the violator of the failure to comply through personal contact …

All money received from the forest service of the United States under the Agricultural Act approved June 30, 1906, as receipts from the Black Hills National Forest, shall be distributed annually to the counties of Lawrence, Meade, Pennington, Custer, and Fall River, for the benef…

All money received by the state treasurer as a percentage of the gross receipts, from the Custer National Forest shall be annually paid to Harding County for the benefit of the public roads and public schools of such county. Source: SDC Supp 1960, § 25.1310 as enacted by SL 1966,…

No payment to any county pursuant to §§ 41-16-11 and 41-16-12 may exceed forty percent of the total income of the county, from all sources. Source: SDC Supp 1960, § 25.1310 as enacted by SL 1966, ch 73 , § 2; SL 2009, ch 206 , § 95.

The state auditor shall annually, after the receipt of the funds referred to in §§ 41-16-11 and 41-16-12 , determine the amount due each county and forward to the treasurer of each county entitled to receive payment a warrant for the county's proportion of the funds. One-half of …

Such part of the funds paid to any county under § 41-16-14 and apportioned for the use of the public schools shall be divided among such school districts of the county as include lands which are a part of the forest reserve, in proportion to the area of forest reserve lands in su…

The state parks existing in South Dakota are as follows: (1) Bear Butte State Park, located in Meade County; (2) Custer State Park, located in Custer County; (3) Fort Sisseton State Park, located in Marshall County; (4) Hartford Beach State Park, located in Roberts County; (5) Ne…

The Game, Fish and Parks Commission may adopt such rules as may be necessary to establish uniform procedures for the administration, management, and development of the state park system. The state park system includes all lands and waters owned, leased, or controlled by the Depar…

The Department of Game, Fish and Parks may assist in maintaining schools within Custer County and may pay for such assistance out of any funds available. Payment of such funds by the department may not exceed, for each pupil who attends public school within the county and who is …

The Department of Game, Fish and Parks may enter into an agreement with the adjutant general of the South Dakota National Guard whereby a part of the Custer State Park may be used as a cantonment area for the National Guard. Any such agreement shall be approved by the Governor an…

No highways, roads, or trails may be built in any state park except such as are designated by the Game, Fish and Parks Commission. A violation of this section is a Class 2 misdemeanor. Source: SDC Supp 1960, § 25.1318 as enacted by SL 1966, ch 73 , § 2; SL 1991, ch 337 , § 87.

A park license may be required to permit a motor vehicle and the occupants entry into any state park, except Bear Butte when used by individuals participating in a religious activity, and into any of the following lakeside use or state recreation areas: (1) Angostura; (2) America…

A park license is not required: (1) For any motor vehicle used on official business and owned or leased by the state or its political subdivisions or by the United States government; (2) For commercial vehicles being used for the transportation of property or in the performance o…

Purchase of a park license does not exempt the buyer from payment for campground permits or service charges. Source: SL 1972, ch 228 , § 3; SL 2009, ch 206 , § 104.

Any South Dakota resident who receives a veteran allotment for a total disability which is deemed a service-connected injury or has received the United States Veterans' Administration K Award; any resident who was held as a prisoner of war; or any resident who has served on activ…

The total net receipts from license fees under § 41-17-13 shall be deposited in the parks and recreation fund established by § 41-17-21 and be used by the Game, Fish and Parks Commission for operating and maintaining the existing state park system as defined in § 41-17-1.1 in suc…

The Department of Game, Fish and Parks may issue permits for camping in the state park system. The camping permits shall be issued according to rules adopted pursuant to § 41-17-1.1 . Fees collected for camping permits shall be deposited in the parks and recreation fund establish…

All income realized from the collection of park service fees established by rules adopted pursuant to § 41-17-1.1 shall be deposited in the parks and recreation fund established by § 41-17-21 . The income shall be expended by the Department of Game, Fish and Parks only for the im…

It is a Class 1 misdemeanor for any person to hunt, trap, kill, or capture game animals, bison, or game birds within the boundaries of the Custer State Park, except in accordance with rules adopted pursuant to § 41-17-1.1 by the Game, Fish and Parks Commission. Source: SDC 1939, …

Any person who permits a dog to run at large in a state park is guilty of a Class 2 misdemeanor. Source: SDC Supp 1960, § 25.1315 as enacted by SL 1966, ch 73 , § 2; SDCL, § 41-17-17 ; SL 1968, ch 107 ; SL 1977, ch 190 , § 611.

No state park may hereafter be designated or created except by the designation and creation as a state park by the Legislature. Source: SDC Supp 1960, § 25.1311 as enacted by SL 1966, ch 73 , § 2; SL 2009, ch 206 , § 97.