Title 41, GAME, FISH, PARKS AND FORESTRY

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 § 41-17-26 . No lands may be disposed of under §§ 41-2-39 to 41-2-46 , inclusive, unless the Department of Game, Fish and Parks and the …

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…

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…

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…

Any island or accumulation of land formed in the bed of a navigable stream or meandered lake on the Missouri River below the Fort Randall Power Plant and Lake Francis Case, belonging to the state as provided by § 5-2-4 , is under the supervision of the secretary of the Department…

For purposes of this section and § 41-4-13 , a hunting guide is a person who holds himself or herself out to the public as a hunting guide and, for compensation or remuneration, directs or provides services to any person for the purpose of hunting any wild animal. Source: SL 1998…

No person, acting as a hunting guide as defined in § 41-4-12 , may guide any hunting activity on state - owned or managed game production areas, state parks, recreation areas, and lakeside use areas, federal land leased or under agreement to the state which is posted as a game pr…

Payment for lands acquired by eminent domain, including the cost and expenses of condemnation proceedings, shall be paid out of the Department of Game, Fish and Parks fund, and such part of such fund as may be necessary is hereby appropriated for such purposes, and the state audi…

Three dollars received from the sale of each nonresident small game license shall be placed in a fund to be known as the land acquisition and development fund. The moneys from this fund shall be used for the following purposes: (1) To acquire by purchase or lease real property to…

All timber sold from lands under the jurisdiction of the Department of Game, Fish and Parks shall be sold in the manner provided by §§ 41-4-5 to 41-4-7 , inclusive. Source: SL 1945, ch 90 , § 8; SDC Supp 1960, § 25.1309 (3); redesignated § 25.1308 by SL 1966, ch 73 , § 2.

The Department of Game, Fish and Parks, at its discretion, may sell timber valued in excess of three hundred dollars either by the filing of sealed bids or at public auction. Sales of timber valued at less than three hundred dollars may be made by negotiation and without the nece…

The Department of Game, Fish and Parks shall publish notice of timber sales in three official newspapers in the county or vicinity in which the timber is located, once each week for at least two consecutive weeks before the sales date. The notice shall set forth the approximate b…

No sale may be made under §§ 41-4-4 to 41-4-6 , inclusive, unless the sum offered is at least ninety percent of the appraised value of the timber as fixed by the state forester, and all sales shall be made to the highest responsible bidder. The Department of Game, Fish and Parks …

All state-owned lands, known as public shooting areas, acquired under the provisions of §§ 41-2-19 to 41-2-21 , inclusive, or which may hereafter be so acquired, and all state-owned game production lands or areas and controlled hunting areas, are subject to taxation by the local …

If the United States of America condemns and takes by eminent domain any realty owned by the State of South Dakota that is held and administered by the Department of Game, Fish and Parks and if the department has given leases for the property to private parties before the condemn…

Persons who are exempt from the requirements for obtaining the licenses specified by this chapter are still required to abide by the other conditions required by statute, the conditions of a license, as if they were licensed, and the rules of the Game, Fish and Parks Commission a…

Licenses, permits, and stamps issued under this title are classified as follows: (1) Breeding and raising birds license; (2) Disabled hunter permit; (3) Export bait dealer license; (4) Fur dealer's license; (5) Hoop net, trap, or setline license; (6) Mentored youth hunting licens…

The Department of Game, Fish and Parks may issue combination licenses comprised of those licenses authorized pursuant to this chapter. The fee for this combination license may be less than the sum of the fees charged for the component licenses if issued separately. Source: SL 197…