Title 41 — GAME, FISH, PARKS AND FORESTRY

The term of office of the game, fish and parks commissioners is four years. The Governor shall preserve: (1) An arrangement of length of terms whereby two members have terms expiring each year; (2) A rotation of terms between the republican and democratic parties. The expiration …

The Department of Game, Fish and Parks shall engage in predatory animal control activities and cooperate with the United States or any agency of the United States, with other states, or with any other department, agency, or public corporation of this state in the execution of suc…

The Department of Game, Fish and Parks may accept, use, and expend any funds directed to it and provided by any agency of the United States government or provided by any other private or public sources. Source: SDC Supp 1960, § 25.0106-1 (1) as added by SL 1966, ch 68 , § 1; SL 2…

41-2-34 Fees and collections paid into departmental fund. 41-2-34.1 Resident small game license revenue--Use--Purchase and use of land--Power of eminent domain not to be exercised. 41-2-34.2 Surcharge on licenses--Deposit in fund--Disbursement of money in fund. 41-2-34.3

The Department of Game, Fish and Parks may appoint license issuing agents to issue on behalf of the department any license, permit, or stamp permitted or provided for by this title and §

All moneys collected under any of the game and fish laws of this state including sums paid for licenses or on account of bonds or contracts entered into with any persons, and money due from other sources connected with the game and fish laws of this state, except fines, shall be …

An amount equal to thirty - five percent of the resident small game license revenue shall be used for the purpose of restoring the state pheasant and wildlife population. Any land purchased with such funds shall be identified as game production areas. Any such purchase shall be f…

The Game, Fish and Parks Commission shall impose a surcharge in the amount of six dollars on each classification of hunting licenses issued by the Department of Game, Fish and Parks with the exception of licenses to take fur-bearing animals, one-day small game licenses, predator/…

41-2-35.1 Informational budget--Review. 41-2-36 Audit of departmental books and vouchers. 41-2-37

All moneys in the Department of Game, Fish and Parks fund are hereby annually appropriated to be used with any moneys otherwise appropriated to pay the necessary expenses of effectuating the purposes of this title. Source: SDC 1939, § 25.0115; SL 1945, ch 36 , § 11; SL 1945, ch 9…

Notwithstanding any other provisions of law, all funds received by the Department of Game, Fish and Parks shall be set forth in an informational budget as described in § 4-7-7.2 and be annually reviewed by the Legislature. Nothing in this section affects department control over e…

The books and vouchers of the Department of Game, Fish and Parks are subject to examination by the Department of Legislative Audit at all times. Source: SDC 1939, § 25.0108; SL 2009, ch 206 , § 24. 41-2-37. Repealed by SL 1982, ch 16 , § 38

41-2-39 Disposal of surplus lands within George S. Mickleson Trail--Lands and persons eligible. 41-2-40 Determination of land as disposable. 41-2-41 State funds not to be expended--Landowner assumption of costs. 41-2-42 Approval of conveyances. 41-2-43 Approval by Interstate Comm…

The State of South Dakota accepts from the United States ownership of property pursuant to and as described in Title VI of the Water Resources Development Act of 1999, Public Law 106-53 consisting of property, land, improvements, and recreation areas to be utilized for fish, wild…

Mickleson Trail--Lands and persons eligible. The Department of Game, Fish and Parks may dispose of surplus lands within the George S. Mickelson Trail by giving them to the respective landowners adjoining the trail as set out in §§ 41-2-39 to 41-2-46 , inclusive. The lands describ…

Each game, fish and parks commissioner shall qualify by taking the oath of office prescribed by S.D. Const., Art. XXI, § 3. The commissioner shall give bond to the state in the penal sum of five thousand dollars conditioned upon the faithful discharge of the duties of the office,…

No lands may be considered for disposal under §§ 41-2-39 to 41-2-46 , inclusive, unless the lands lie outside the fence to be constructed under §

No funds belonging to the state may be expended to dispose of lands under §§ 41-2-39 to 41-2-46 , inclusive. All costs of disposal, including surveying, drafting of documents, preparation and filing of plats, transfer fees, recording fees, abstract or title insurance costs, and a…

Any conveyance under §§ 41-2-39 to 41-2-46 , inclusive, shall be specifically approved by the Burlington Northern Company, formerly known as Burlington Northern, Incorporated. Source: SL 1994, ch 326 , § 4.

Any disposal of lands under §§ 41-2-39 to 41-2-46 , inclusive, if the lands are located to south of the north line of block 139, original plat of Custer City, South Dakota, shall be approved by the United States Interstate Commerce Commission under the commission's abandonment pr…

Prior to any disposal of lands under §§ 41-2-39 to 41-2-46 , inclusive, the landowner shall sign an agreement, setting out that the landowner is receiving the land under the conditions of §§ 41-2-39 to 41-2-46 , inclusive, that the landowner will provide a survey and recording of…

If the determinations required by § 41-2-44 are made, and if all other conditions of §§ 41-2-39 to 41-2-46 , inclusive, are met, the Department of Game, Fish and Parks and the Game, Fish and Parks Commission shall, by resolution, request that the Governor and the commissioner of …

Prior to delivery of the quitclaim deed as provided in §§ 41-2-39 to 41-2-46 , inclusive, the landowner shall present to the Department of Game, Fish and Parks and to the commissioner of school and public lands satisfactory proof of ownership of the lot, description, or subdivisi…

Any appraisal of real property done by or on behalf of the Department of Game, Fish and Parks shall be done by a state certified appraiser to determine the market value of the property. Market value is the amount in cash, or on terms reasonably equivalent to cash, for which in al…

No conservation officer may, in the course of performing the duties of a conservation officer, enter any private land unless the conservation officer has a warrant or has the explicit or implied permission of the landowner or lessee. However, any conservation officer may enter an…

Nothing contained in § 41-2-48 creates criminal or civil liability for a conservation officer. Source: SL 2021, ch 183 , § 2.

The Governor may remove a game, fish and parks commissioner for inefficiency, neglect of duty, or misconduct in office after giving the commissioner a copy of the charges against the commissioner and opportunity to be heard publicly in person or by counsel in his or her own defen…

Any vacancy on the Game, Fish and Parks Commission occurring from any cause shall be filled by the Governor for the unexpired term, subject to confirmation by the State Senate at the succeeding regular legislative session. Source: SDC 1939, § 25.0102; SL 1945, ch 91 , § 1; SL 194…

41-2-9 41-2-9 , 41-2-10. Superseded 41-2-11 Employment of conservation officers--Qualifications--Career service. 41-2-11.1

The Game, Fish and Parks Commission shall hold its annual meeting at the capital to elect a chair and vice chair for the ensuing year, and to transact such other business as may properly come before the meeting. Additional meetings may be held as determined by the commission. Sou…

Source: SDC Supp 1960, § 25.0106-1 (7) as added by SL 1965, ch 108 ; SL 2009, ch 206 , § 14.

Source: SDC Supp 1960, § 25.0106-1 as added by SL 1968, ch 98 ; SL 1972, ch 28 , § 14; SL 2009, ch 206 , § 19.

The Department of Game, Fish and Parks shall have charge of the propagation and preservation of such varieties of game and fish as it shall deem to be of public value. Source: SDC 1939, § 25.0107 (1).

The Department of Game, Fish and Parks has charge of the construction, control, and management of all fish hatcheries, including the control of grounds owned or leased for such purposes. Source: SDC 1939, § 25.0107 (3); SL 2009, ch 206 , § 28.

The State of South Dakota hereby assents to the provisions of the act of Congress entitled, "An Act to provide that the United States shall aid the states in fish restoration and management projects, and for other purposes," approved August 9, 1950 (Public Law 681, 81st Congress)…

The Department of Game, Fish and Parks has charge of the receiving from the United States Fish and Wildlife Service or other persons, and the gathering, purchase, and distribution to the waters of this state of fish, fish spawn, and fry. Source: SDC 1939, § 25.0107 (4); SL 2009, …

The Department of Game, Fish and Parks has charge of the taking of fish from public waters of the state for the propagation and stocking of other waters in the state and the transferring of game animals or game birds from one section of the state to another for stocking purposes.…

It is a Class 2 misdemeanor for any person to obstruct any appointee or employee of the Department of Game, Fish and Parks who is engaged in assigned duties of gathering fish spawn, collecting or killing fish, or any other activities undertaken to carry out the department's dutie…

The Department of Game, Fish and Parks shall have charge of the collection and diffusion of such statistics and information as shall be germane to the purpose of conservation. Source: SDC 1939, § 25.0107 (2).

The State of South Dakota having assented to the provisions of the act or acts of Congress authorizing federal participation with the various states in projects for the propagation, preservation, and protection of game and fish which assent is hereby continued, the Department of …

The State of South Dakota hereby assents to the provisions of the act of Congress entitled "An Act to provide that the United States shall aid the states in wildlife - restoration projects, and for other purposes," approved September 2, 1937, (Public Law 415, 75th Congress, 1st s…

It is the policy of this state that the federal government should not acquire land by condemnation for wildlife mitigation, except for land owned by direct beneficiaries of the project of which the wildlife mitigation is a part. The Legislature, state agencies, and the Governor m…

The State of South Dakota hereby assents to the provisions of the act of Congress entitled, "An Act to provide uniform policies with respect to recreation and fish and wildlife benefits and costs of federal multiple-purpose water resource projects, and for other purposes," approv…

So that the United States may acquire by deed or other instrument of conveyance, areas of land, water, or land and water within this state for the better protection of desirable migratory birds, the State of South Dakota hereby consents to the acquisition by deed or other instrum…

The Department of Game, Fish and Parks may secure by purchase or otherwise, game animals, birds, and fish, and fur - bearing animals, and exchange specimens of any of the same with the game commission or similar otherwise designated government agency or department of other states…

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.

The Game, Fish and Parks Commission may grant permission under its seal to any accredited representative of any incorporated society of natural history to collect for scientific purposes only, nests, eggs, birds, animals, or fish protected by this title. Such specimens may not be…

The Department of Game, Fish and Parks may acquire or condemn private property if the property is necessary to carry out the purposes and intent of this title. If the Game, Fish and Parks Commission deems it necessary to take or condemn any private property for such purposes, the…

Before the Department of Game, Fish and Parks purchases any land pursuant to § 41-2-19 , 41-2-21 , 41-2-24 , 41-4-1 , or 41-4-3 the department shall notify the owners of any land, which is located adjacent to the land sought to be purchased by the department, that the department …

The Department of Game, Fish and Parks may acquire by gift or lease, from willing landowners, the right to maintain unused, terminated, or abandoned section-line rights-of-way as game production areas. This section does not apply to section lines where roads have never been devel…