Title 41 — GAME, FISH, PARKS AND FORESTRY

The possession or control by any person of any bird, animal, or fish at any time when the killing, taking, or possession of the bird, animal, or fish is unlawful is prima facie evidence that the taking or killing occurred during the closed season, unless the person in possession …

Repealed by SL 1985, ch 324 , § 7 41-14-31

41-14-33 Transportation of lawfully taken big game animal prohibited unless tagged--Violation as misdemeanor. 41-14-34 Repealed by SL 2012, ch 201 , § 4. 41-14-35 Taking baitfish without license as misdemeanor--Exception.

No person may take, catch, kill, or possess; possess with intent to sell; sell, offer, or expose for sale; ship by common carrier, convey, or cause to be conveyed; or possess with intent to ship or convey to any point, either within or without this state, any bird, animal, or fis…

No person may transport within the jurisdiction of this state any big game animal lawfully taken outside of South Dakota or upon tribal or trust land of an Indian reservation unless the big game animal is properly and securely tagged with a tag supplied by the governmental entity…

Repealed by SL 2012, ch 201 , § 4.

Except for lawful sport fishermen who may trap, seine, and possess up to twelve dozen baitfish for personal use, no person may seine or take baitfish from the waters of this state unless the person is licensed by the Department of Game, Fish and Parks in accordance with the provi…

No person may place into public storage any game bird, game fish, or game animal unless the game bird, game fish, or game animal has attached to it a tag showing the owner's name and address, the number and kind of bird, fish, or animal and the date the bird, fish, or animal is p…

It is a Class 2 misdemeanor for any keeper of any public eating house to serve any guest or patron any game, the taking or killing of which is prohibited by law, during any of the periods when the taking or killing of the same is prohibited, except as provided by §

The keeper of any public eating house may serve to any guest or patron in whole or in part Chinese ringneck or English pheasant produced by a licensee under § 41-6-31 , and any game bird taken under chapter 41-10 . Source: SDC 1939, § 25.0421 as added by SL 1955, ch 82 ; SL 1967,…

Except as permitted by statute, or rule of the Game, Fish and Parks Commission, it is a Class 2 misdemeanor for a common carrier, its officers, agents, or servants to ship, carry, take, or transport any resident or migratory bird either within or beyond the confines of this state…

Any person licensed under the provisions of chapter 41-6 may carry as personal baggage any small game or fish lawfully taken or possessed . No person may knowingly ship or receive for shipment by common carrier any small game or fish unless the container containing the small game…

41-14-11 Possession of more than one big game animal as prima facie evidence of violation--Taxidermist excepted. 41-14-12 Sale, purchase, or barter of meat, organs, or paws of big game animal as misdemeanor. 41-14-13

The permit delivered to the licensee shall be attached to the part of the big game animal to be transported, and if the permit is attached as provided in this section, a common carrier may receive the part of big game animal for shipment. Source: SDC 1939, § 25.0707 (3); SL 1941,…

The Department of Game, Fish and Parks shall enforce the laws of this state involving the protection and propagation of all game animals, game birds, fish, and harmless birds and animals. Source: SDC 1939, § 25.0107.

While performing their lawful duties assigned to them by the Department of Game, Fish and Parks, conservation officers and their supervisors have full power and authority to serve and execute all warrants and process of law issued by a court in enforcing the provisions of any law…

Any conservation officer, who is certified pursuant to §§ 23-3-39 to 23-3-45 , inclusive, or has been appointed on a temporary or probationary basis as permitted by § 23-3-41 , shall enforce every state statute: (1) Which is a crime under Title 22; (2) Which pertains to game, fis…

If any resident is arrested for a violation of any provision of this title, punishable as a misdemeanor, the arresting officer shall take the name and address of the person and information relative to the violation and issue the person a summons in writing to appear in court. The…

41-15-14 Seizure and disposition of contraband game and fish. 41-15-15 Seizure of hunting and fishing equipment for use as evidence--Return to defendant--Abandonment by failure to claim. 41-15-16 Repealed 41-15-16.1 Fish house or other shelter on ice of public waters--Seizure or …

Any person refusing to give written promise pursuant to § 41-15-11 to appear shall be taken immediately by the arresting officer to the nearest or most accessible magistrate. Source: SDC 1939, § 25.0114 as added by SL 1963, ch 134 ; SL 1977, ch 190 , § 605; SL 1991, ch 337 , § 86…

The Department of Game, Fish and Parks has charge of the seizure and disposition of any game bird, game animal, and fish, taken, killed, transported, or possessed contrary to law. Source: SDC 1939, § 25.0107 (6); SL 2009, ch 206 , § 88; SL 2021, ch 188 , § 2.

Any law enforcement officer may seize and hold, for the purpose of being used as evidence at any trial, any hunting and fishing equipment used in violation of the game and fish laws. Such equipment shall be returned to the defendant under the direction of the court or magistrate …

Source: SDC 1939, § 25.0420; SL 1984, ch 273 , § 92; SL 2021, ch 188 , § 3.

Any fish house, enclosure, or other sheltering structure left upon the ice of any public waters of this state for any twenty - four hour period of time after the removal date established by rules of the Game, Fish and Parks Commission is deemed abandoned property and may be seize…

Any court having jurisdiction may, on complaint showing probable cause for believing that any bird, animal, fish, or skin of fur-bearing animals or any part of any such bird, animal, fish, or skin, caught, taken, killed, possessed, or controlled by any person, or shipped or trans…

Any bird, animal, fish, or the skin of any fur-bearing animal, or any part of any such bird, animal, fish, or skin, caught, killed, shipped, possessed, or controlled, contrary to any of the provisions of this title or any rules of the Game, Fish and Parks Commission, and any comp…

Source: SDC 1939, § 25.0422 as added by SL 1969, ch 100 ; SL 2009, ch 206 , § 92; SL 2021, ch 188 , § 5.

All such officers taking or seizing any of the things defined in § 41-15-18 to be contraband shall without unnecessary delay report all of the facts attending such seizure to the secretary of game, fish and parks. Source: SDC 1939, § 25.0422; SL 1963, ch 135 , § 2; SL 1967, ch 85…

For the purpose of enforcing any of the laws under this title and the rules promulgated pursuant to this title, the courts of this state, and the conservation officers of this state, have jurisdiction over the entire boundary waters of the state, to the furthermost shore line. Co…

The secretary of game, fish and parks may sell at the highest market price obtainable any fur, fish, game animal, game bird, hunting equipment, fishing equipment, and other contraband that is abandoned or is deemed contraband as provided in §§ 41-15-15 to 41-15-18 , inclusive. Th…

Repealed by SL 2009, ch 212 , § 1.

The state's attorney, sheriff, constables, and other peace officers shall enforce the game and fish laws of the state. Source: SDC 1939, § 25.0119; SL 2009, ch 206 , § 84. 41-15-4, 41-15-5. Repealed by SL 1996, ch 254 , §§ 1, 2

Any person who possesses any game bird, animal, or fish shall, upon the request of any person authorized to enforce the game and fish laws of the state, permit the inspection and count of the birds, animals, or fish. Any motor vehicle, pickup camper, camper, or any conveyance att…

Any person who refuses to permit the inspection and count of any game birds, animals, or fish in the person's possession or who interferes with or obstructs any officer attempting to make such an inspection or count is guilty of a Class 2 misdemeanor. Source: SDC 1939, § 25.9903;…

Source: SDC 1939, § 25.0419; SL 2009, ch 206 , § 87; SL 2021, ch 188 , § 1. 41-15-9. Repealed by SL 1977, ch 190 , § 604

41-15-10.1 Law enforcement powers of conservation officers certified or appointed by law enforcement officers standards commission. 41-15-11 Summons issued to person arrested for misdemeanor--Release from custody on promise to appear--Bond required of nonresident. 41-15-12

An interstate wildlife violator compact is entered with all states legally joining the compact in the form substantially as contained in this chapter. Source: SL 2004, ch 267 , § 1.

Upon suspending the hunting, trapping, or fishing privileges of any person pursuant to §§ 41-15A-8 and 41-15A-9 , the licensing authority of the home state shall notify the person in writing by certified mail. Within twenty days following mailing of the notice of suspension, the …

At the hearing, the commission, through its authorized agent, may: (1) Administer oaths; (2) Issue subpoenas for the attendance of witnesses; and (3) Admit all relevant evidence and documents, including notifications from participating states. Following the hearing, the commissio…

If the person fails to request a hearing within twenty days of mailing of the notice of suspension, or if the suspension of hunting, trapping, or fishing privileges is affirmed by the commission or its authorized agent following a required hearing, the suspension of hunting, trap…

All participating states may recognize the suspension of license privileges of any person by any participating state as though the violation resulting in the suspension had occurred in their state and could have been the basis for suspension of license privileges in their state. …

Each participating state shall communicate suspension information to other participating states in form and content as contained in the compact manual. Source: SL 2004, ch 267 , § 14.

If the licensing authority of the home state receives notice of the suspension of a person's hunting, trapping, or fishing privileges by a participating state, the licensing authority may suspend the person's hunting, trapping, or fishing privileges in the home state for the same…

Except as expressly required by this compact, nothing in this compact may be construed to affect the right of any participating state to apply any of its laws relating to license privileges to any person or circumstance or to invalidate or prevent any agreement or other cooperati…

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…