Title 41 — GAME, FISH, PARKS AND FORESTRY

Any of two or more persons who mutually agree to fish by angling from a single watercraft as a party or who mutually agree to fish by angling from shore or on ice as a party and who maintain visual and unaided vocal contact may take more than one daily limit of fish. However, the…

It is a Class 2 misdemeanor for any person to set, place, erect, or cause to be set, placed, or erected, or to use any fishing house, fishing shanty, or other structure or shelter at any time upon the ice of any of the public waters of the state unless the name and address of the…

41-12-5 Fishing restricted to hook and line except as provided--Violation as misdemeanor. 41-12-6 Fishing with excessive number of lines as misdemeanor. 41-12-7 Fishing lines to be attended--Violation as misdemeanor. 41-12-7.1

Except as otherwise provided by law, only hook and line may be used in the taking of any fish in any waters which have been opened to fishing by Game, Fish and Parks Commission rule. A violation of this section is a Class 2 misdemeanor. Source: SDC 1939, § 25.0602 as enacted by S…

It is a Class 2 misdemeanor for any person to fish with more than the maximum number of hooks or lines that may be established in rules promulgated pursuant to chapter 1-26 by the Game, Fish and Parks Commission. Source: SDC 1939, § 25.0602 (1) as enacted by SL 1961, ch 120 , § 2…

Each line used for fishing shall be attended to the extent that it is under the direct supervision of and within the unaided observation of the legal user at all times. A violation of this section is a Class 2 misdemeanor. Source: SDC 1939, § 25.0602 as enacted by SL 1961, ch 120…

41-12-8 Prohibited bait--Violation as misdemeanor. 41-12-9 Nets, seines, and similar devices, weirs, dams, and artificial obstructions prohibited--Violation as misdemeanor--Permits for use of devices by private landowners. 41-12-9.1 Repealed. 41-12-10

No person may use carp, goldfish, or game fish, except bullhead, lake herring, sunfish of the genus Lepomis, and cleanings of game fish, as bait in hook and line fishing. A violation of this section is a Class 2 misdemeanor. Source: SDC 1939, § 25.0602 as enacted by SL 1961, ch 1…

It is a Class 1 misdemeanor for any person to possess or control, or to place, keep, or maintain in any of the public waters of this state any trammel or gill net, seine, or other similar device for capturing fish. It is a Class 1 misdemeanor for any person to take in any of the …

Source: SL 1982, ch 289 , § 6; SL 1984, ch 273 , § 86; SL 2023, ch 148 , § 1. 41-12-10. Repealed by SL 1984, ch 273 , § 87 41-12-11. Repealed by SL 1985, ch 324 , § 6

It is a Class 1 misdemeanor for any person to empty or allow to be emptied, to place or allow to be placed, any sawdust, manure, refuse matter, sedimentary materials, pollutants, or chemicals of any kind in the waters of this state containing fish and wildlife, or to deposit the …

Liability may not be imposed upon an agricultural producer if the fish or wildlife kill occurred as a result of normal farming practices. Source: SL 1988, ch 338 , § 2.

On the waters of the Missouri River and its impoundments, game fish taken incidentally in operations designed to control rough fish and bullheads, if the condition of the game fish is such that they cannot reasonably be salvaged, may be removed and disposed of in the same manner …

All proceeds derived from the disposal of game fish except bullheads, shall be deposited in the state treasury and credited to the Department of Game, Fish and Parks fund. Source: SDC 1939, § 25.0607 as enacted by SL 1961, ch 120 , § 2.

It is a Class 2 misdemeanor to place chemicals in the public waters of this state containing game fish for the purpose of controlling plants without written permission of the secretary of game, fish and parks. The Game, Fish and Parks Commission may promulgate rules pursuant to c…

It is a Class 2 misdemeanor for any person to transplant or introduce any fish or fish eggs into any of the public waters of this state without express authority of the Department of Game, Fish and Parks. Source: SDC 1939, § 25.0608 as enacted by SL 1961, ch 120 , § 2; SL 1977, c…

It is a Class 2 misdemeanor for any person to import live fishes or viable eggs of the family salmonidae into the State of South Dakota unless such importation complies with rules promulgated pursuant to chapter 1-26 by the Department of Game, Fish and Parks. Source: SL 1970, ch …

It is a Class 2 misdemeanor for any person to empty the contents of any minnow bucket or other receptacle containing bait into any of the public waters of the state. Source: SDC 1939, § 25.0608 as enacted by SL 1961, ch 120 , § 2; SL 1977, ch 190 , § 591.

The Department of Game, Fish and Parks may remove and dispose of rough fish and bullheads from the public waters of the state by the use of seines, nets, chemicals, or by other means or devices. Source: SDC 1939, § 25.0607 as enacted by SL 1961, ch 120 , § 2; SL 2009, ch 206 , § …

In addition to rough fish as defined in chapter 41-1 , the Game, Fish and Parks Commission may by rule adopted pursuant to § 41-2-18 declare one or more species of game fish to be considered and treated as rough fish in any particular waters when the action is necessary or advisa…

The Department of Game, Fish and Parks may contract for the removal of rough fish and bullheads from any of the public waters of the state, if fishing under the contract is done under the personal supervision of a person designated by the secretary of game, fish and parks. Any pe…

All nets or other devices used by contract fishermen shall be tagged with a metal tag furnished by the Department of Game, Fish and Parks when in use, and shall be sealed or otherwise properly identified as deemed appropriate by the Game, Fish and Parks Commission when they are n…

Fish taken under the provisions of §§ 41-13-5 to 41-13-7 , inclusive, may be sold and transported according to rules as adopted pursuant to § 41-2-18 by the Game, Fish and Parks Commission. Source: SDC 1939, § 25.0607 as enacted by SL 1961, ch 120 , § 2; SL 1984, ch 273 , § 91.

Terms used in this chapter mean: (1) "Aquatic invasive species," an aquatic species that is not native to the state, including the seeds, eggs, spores, or larvae of the species, or other biological material capable of propagation, and whose presence within the state may cause eco…

No person may possess, import, ship, or transport within this state any aquatic invasive species unless authorized by the commission in rules promulgated under §

No person may place a conveyance, or cause a conveyance to be placed, into waters within this state without first meeting the requirements in § 41-13A-4 unless authorized by the commission in rules promulgated under §

Any person removing a conveyance from waters shall, to the extent possible, do the following: (1) Clean the conveyance by removing all visible organic material, including plants, animals, and mud; (2) Drain the conveyance by removing any plug or other barrier that prevents water …

To prevent the introduction, importation, infestation, and spread of aquatic invasive species, the department may establish aquatic invasive species inspection stations at any location within the state including interstate borders, highways or other roads, locations adjacent to o…

At inspection stations established under § 41-13A-5 , authorized department personnel may inspect the exterior of any conveyance for the presence of organisms or organic material that may harbor aquatic invasive species. Authorized personnel may examine any interior portion of a …

A law enforcement officer may only stop a conveyance at a location other than an inspection station established under this chapter, and may only inspect the conveyance for the presence of organisms, or organic material that may harbor aquatic invasive species if the conveyance is…

A second or subsequent violation of this section within one year is a Class 1 misdemeanor. Source: SL 2020, ch 181 , § 2, eff. Feb. 26, 2020; SL 2021, ch 186 , § 4.

It is a Class 2 misdemeanor for any person to possess or control any bird, animal, or fish, or any part of any bird, animal, or fish, that has been unlawfully taken, caught, or killed in this or any other state or foreign country, or that has been unlawfully transported into this…

It is a Class 2 misdemeanor for an employee of any common carrier to carry any game bird or part of any game bird on a common carrier either as baggage or otherwise while engaged in the course of his or her employment. Source: SDC 1939, § 25.0503; SL 1977, ch 190 , § 594; SL 2009…

The possession of the carcasses, skins, heads, or antlers of more than one big game animal shall be considered prima facie evidence of the violation of the provisions of § 41-8-6 , except when in the possession of a duly licensed taxidermist for stuffing and mounting. Source: SDC…

It is a Class 1 misdemeanor to purchase, barter, or sell the meat, internal organs, or paws of any big game animal. However, any paws attached to the skin of a big game animal are not subject to the provisions of this section. Source: SDC 1939, § 25.0704; SL 1955, ch 85 ; SL 1961…

41-14-14 Tag required for big game transport--Violation as misdemeanor. 41-14-15 Licensee authorized to transport big game. 41-14-16 Tag required for big game transport--Common carrier. 41-14-17 Transportation permit required for transportation of big game by common carrier--Disp…

No big game animal taken in this state may be transported unless legally tagged, as required by rules promulgated pursuant to chapter 1-26 by the Department of Game, Fish and Parks. The big game must be legally tagged at the time the big game animal is brought out to a road or in…

Any person to whom there has been issued a license to hunt big game may carry, ship, or transport any big game animal or part of any big game animal lawfully possessed by the person upon the conditions set forth in §§ 41-14-16 and

If any big game is transported by a common carrier, to a point within or outside of this state, the animal must be legally tagged, as required by rules promulgated pursuant to chapter 1-26 by the Department of Game, Fish and Parks. No person may have in possession or as common ca…

If a part of any big game animal is transported by a common carrier to a location within or outside of this state, the licensee shall procure the permit provided by §

Except as otherwise specifically provided it is a Class 2 misdemeanor for any person to buy, sell, ship, or have in possession out of season the raw skins of any protected fur - bearing animals, whether caught, taken, or killed without or within this state. Source: SDC 1939, § 25…

The possession or control by any person of the raw skin of any protected fur-bearing animal, or any part of any protected fur-bearing animal, is prima facie evidence that the animal was the property of this state at the time it was caught, taken, or killed and that the animal was…

The possession or control by any person of any bird, animal, or fish, or any part of any bird, animal, or fish, the killing of which is at any time prohibited, is prima facie evidence that the bird, animal, or fish was the property of this state at the time it was caught, taken, …

The possession or control by any person of the raw skin of any protected fur-bearing animal, or any part of any protected fur-bearing animal, at any time when the killing, taking, or possession of such an animal is unlawful is prima facie evidence that the taking and killing occu…

It is a Class 2 misdemeanor for a person or corporation acting as a common carrier to ship, carry, take, or transport either within or beyond the confines of the state any protected fur-bearing animal except as permitted by this title or any fur-bearing animal regulated by the An…

Any licensed fur dealer may hold and store raw furs during closed season, and the agent of any common carrier may accept such furs for shipment at any time upon evidence that the consignor is duly licensed under the provisions of this title. Source: SDC 1939, § 25.0805; SL 2009, …

Each fur dealer licensee, licensed pursuant to the provisions of § 41-6-25 , shall keep a permanent record of each purchase made. The purchase record shall show the kind of each skin purchased, the date and place of each purchase, the full name and address of the vendor, and the …

41-14-25 Sale or knowing purchase of fish as misdemeanor except as provided. 41-14-26 41-14-26 to 41-14-28. Repealed by SL 2000, ch 209 , §§ 5 to 7 41-14-29 Sale and transportation of rough fish permitted. 41-14-30

It is a Class 2 misdemeanor to barter, sell, or offer for sale at any time or knowingly to purchase any fish taken or killed in any of the waters of this state except as provided in §§ 41-6-39 to 41-6-45 , inclusive, §§ 41-13-9 to 41-13-11 , inclusive, and § 41-14-29 , and except…

Rough fish legally taken, acquired, and possessed may be sold or transported or both, within or without the state unless otherwise provide by law. Source: SDC 1939, § 25.0603 as enacted by SL 1961, ch 120 , § 2; SL 2009, ch 206 , § 79. 41-14-30. Repealed by SL 1985, ch 324 , § 7 …