Title 41 — GAME, FISH, PARKS AND FORESTRY

Terms used in this title mean: (1) "Any part thereof" or "the parts thereof," includes the hide, horns, and hoofs of any animal so referred to, and the plumage and skin and every other part of any bird so referred to; (2) "Bait," baitfish, frogs, toads, salamanders, crayfish, fre…

For the purposes of this title, the following are deemed to be residents of this state: (1) Any person who previously had a domicile in this state who is absent due to business of the United States or of this state, or is serving in the armed forces of the United States or the sp…

Except for a person who continues to qualify for resident privileges as provided in § 41-1-1.1 , a person is deemed to have terminated the person's South Dakota resident status if the person applies for, purchases, or accepts a resident hunting, fishing, or trapping license issue…

Terms, as used in this chapter, mean: (1) "Trophy antelope," any antelope with at least one horn greater than fifteen inches in length, as measured along the outside curve from base to tip; (2) "Trophy mule deer," any mule deer having a Boone and Crockett gross score of one hundr…

For purposes of this chapter, any antelope, mule deer, white-tailed deer, or elk not defined as a trophy is considered nontrophy. Source: SL 2010, ch 206 , § 2.

The court may enjoin conduct which is in violation of § 41-1-8 upon petition by a person affected or who reasonably may be affected by such conduct, upon a showing that such conduct is threatened or that it has occurred on a particular premises in the past and may reasonably be e…

No person who is subject to an unpaid and unsatisfied judgment in favor of the State of South Dakota for wildlife civil damages as determined in § 41-1-5.1 may purchase, attempt to purchase, or possess any South Dakota hunting, fishing, or trapping license. If any person is in vi…

Notwithstanding any other provision of law, any person who has seriously injured a wildlife animal in a motor vehicle accident or any person who comes upon a wildlife animal that has been seriously injured in a motor vehicle accident may euthanize the seriously injured animal so …

Any person who euthanizes a wildlife animal pursuant to § 41-1-12 shall report the event to the Department of Game, Fish and Parks or any conservation office within twenty-four hours. Source: SL 2013, ch 207 , § 2.

No person may acquire any property in, or subject to dominion or control, any game bird, game animal, or game fish, or any part thereof. Game birds, game animals, and game fish are the property of the state, except as provided by §

Any person who kills, catches, or takes any game bird, game animal, or game fish in the manner provided by law or rules promulgated by the Game, Fish and Parks Commission, for the purposes authorized by law, and during the periods when their killing is not prohibited, may use the…

No person may wantonly waste or destroy any of the birds, animals, or fish of the kinds protected by the laws of this state. A violation of this section is a Class 2 misdemeanor. Source: SDC 1939, § 25.0417; SL 1992, ch 293 , § 1.

Any person who kills, catches, takes, ships, possesses, or controls any game bird, game animal, or game fish, or any part of any such bird, animal, or fish, at any time or in any manner prohibited by law, thereby forfeits any right to use or possess the bird, animal, or fish, or …

Any person, other than a minor under the age of sixteen years, who willfully and unlawfully kills, destroys, takes, or possesses in this state any wild animal designated by this section: (1) Without an applicable and valid big game or small game license; (2) At a time or place wh…

The liquidated damages provided for in this chapter and taxable costs may be collected by the Department of Game, Fish and Parks in a civil suit brought by it, in the name of the State of South Dakota, against the person claimed to be liable therefor. Conviction of a criminal off…

A statement generally outlining the civil liability provisions of § 41-1-5.1 shall be printed on the reverse of the citation given by an arresting officer at the time of the arrest to the person violating game and fish statutes. Acknowledgment of receipt of the information concer…

If any deer or antelope is killed by a motor vehicle on a public highway, any person who desires to possess that animal shall notify a conservation officer, as defined by § 41-15-10 , prior to taking possession of the animal. The conservation officer may give a dated and written …

Repealed by SL 2001, ch 227 , § 7 41-1-6

41-1-8 Interference with lawful hunting, trapping, or fishing prohibited--Violation as misdemeanor. 41-1-9 Disobeying order of peace officer to desist from interfering as misdemeanor. 41-1-10 Enjoining interference--Damages allowable. 41-1-11 Certain judgment debtors denied licen…

For the purposes of sales taxes and commercial motor vehicle licensing and all other classifications and administration of the statutes of the State of South Dakota, the executive orders of the Governor of the State of South Dakota, administrative rules and regulations promulgate…

No person may intentionally interfere with any person or group of persons lawfully engaged in the process of taking or attempting to take any game or fish. No person may engage in any activity specifically intended to harass or otherwise prevent the lawful taking of any game or f…

Any person who fails to obey the order of a peace officer to desist from conduct in violation of § 41-1-8 , if the officer observes such conduct, or has reasonable grounds to believe the person was engaged in such conduct that day or intends to engage in such conduct that day on …

Source: SL 1973, ch 2 , § 112; SL 1973, ch 264 , § 6.

The licensing issuing agents shall remit all license fees collected at the time and in the manner required by rules adopted pursuant to chapter 1-26 . Source: SDC 1939, § 25.0106 (5); SL 1984, ch 273 , § 41; SL 1999, ch 210 , § 1.

There is hereby continued the department of state government known as the Department of Game, Fish and Parks, and a commission comprised of eight members, appointed by the Governor as provided in § 41-2-3 subject to confirmation by the State Senate. Source: SDC 1939, § 25.0102; S…

The Department of Game, Fish and Parks shall continue as the Department of Game, Fish and Parks created by chapter 1-39 , and except as provided by § 41-2-1.2 , all its functions shall be administered as provided by §

The Game, Fish and Parks Commission is administered under the direction and supervision of the Department of Game, Fish and Parks and the secretary of game, fish and parks. However, the commission retains the quasi-judicial, quasi-legislative, advisory, other nonadministrative an…

The Department of Game, Fish and Parks may employ an adequate force of conservation officers to enforce the provisions of this title. Each conservation officer shall meet requirements as to education and training of law enforcement officers provided pursuant to chapter 23-3 . The…

Executed 41-2-12

41-2-14 41-2-14 , 41-2-15. Repealed by SL 1971, ch 231 , § 3 41-2-16 Duties assigned to departmental officers and employees. 41-2-17

All rangers and park managers employed by the department shall be conservation officers without additional compensation. If the emergency exists, the Department of Game, Fish and Parks may appoint additional conservation officers who shall serve without additional compensation an…

The officers and employees authorized by this title and any other necessary employees or assistants shall perform such duties for the Department of Game, Fish and Parks as may be assigned to them by the department. Source: SL 1945, ch 91 , § 6; SDC Supp 1960, § 25.0107-1. 41-2-17…

41-2-18.1 Repealed by SL 2012, ch 201 , § 1. 41-2-19 Acquisition, management, and improvement of property. 41-2-19.1 Acquisition, management, and improvement of property--Large projects--Legislature’s prior approval required--Project division prohibited--Attorney general action--…

Repealed by SL 2012, ch 201 , § 1.

Subject to § 41-2-19.1 , the Department of Game, Fish and Parks may, on behalf and in the name of the state, acquire public or private property by gift, grant, devise, purchase, lease, or condemnation proceedings, and may manage, control, and improve the property for the purpose …

Notwithstanding any provision of this title to the contrary, the Department of Game, Fish and Parks may not acquire, build, or significantly improve a building, facility, or other physical asset, or build or significantly improve any infrastructure, or enter into a lease or a lea…

Not more than four of the game, fish and parks commissioners may be members of the same political party, and, at the time of their appointment, at least four shall be farmers actually residing on a farm or working primarily on a farm, engaged in agriculture, deriving at least two…

Any personal property or buildings or fixtures on real estate, acquired pursuant to § 41-2-19 , may be sold by the Game, Fish and Parks Commission if the commission determines it to be obsolete or no longer useful. The property shall be sold according to procedures prescribed by …

The Department of Game, Fish and Parks may acquire by any means or methods as specified in § 41-2-19 any public or private real property especially desirable for purposes of establishing public shooting areas or for the purposes of water conservation or recreation and may develop…

The Department of Game, Fish and Parks has the same responsibility for any railroad right - of - way that it acquires as a hiking or biking recreation trail as it bears toward land acquired as a public shooting area. However, the property interest which the department holds in su…

The Department of Game, Fish and Parks may establish and operate controlled hunting areas whenever in the opinion of the Game, Fish and Parks Commission the establishment of such areas is in the best interest of the people of South Dakota. Source: SL 1959, ch 107 ; SDC Supp 1960,…

The Department of Game, Fish and Parks shall, if directed by the Game, Fish and Parks Commission, expend funds for the improvement of wildlife habitat, access to hunting, and access to fishing or recreation areas on any land, public or private, within the state, notwithstanding t…

The Department of Game, Fish and Parks shall acquire by gift, purchase, lease, or condemnation and shall improve and manage land areas suitable for park purposes in various portions of the state so that a comprehensive state park system may be established. The department may levy…

The Department of Game, Fish and Parks may make capital improvements that the Game, Fish and Parks Commission deems necessary or proper for the extension, improvement, or development of state parks and recreation areas on all land leased by the department. The provisions of § 5-1…

The Department of Game, Fish and Parks may grant easements, leases, or permits on property that it owns or controls, for public utilities; for agricultural purposes; for electrical power or telephone lines; for towers for radio, television, or radar; for cabin sites; for concessi…

The Department of Game, Fish and Parks shall publicize the game and fish, scenic, recreational, park, health, natural, and other resources of this state in such manner as the department deems most effective to attract tourists and others to this state. The department shall cooper…

41-2-29.1 Sale of real property owned by state--Requirements and procedure. 41-2-29.2 Trade or exchange of real property owned by state--Requirements and procedure. 41-2-30 Predatory animal control activities--Cooperation with other agencies. 41-2-31 Acceptance and use of federal…

The Department of Game, Fish and Parks may authorize sales of any and all forest products or of lands owned by the department. Proceeds from such sales shall become a part of the funds authorized for use of the Department of Game, Fish and Parks by this chapter. Source: SL 1945, …

The Department of Game, Fish and Parks shall sell real property owned by the state and held by the department if such real property is no longer needed for game, fish, or parks purposes. Such sale may be made only by the following procedure: (1) At the full value established by a…

The Department of Game, Fish and Parks, in addition to or as an alternative to the requirements and methods specified in § 41-2-29.1 , may trade or exchange real property owned by the state and held by the department if the real property is no longer needed for game, fish or park…