Title 41 - GAME, FISH, PARKS AND FORESTRY
- Chapter 01 - Definitions And General Provisions
- Section 41-1-1 - Definition of terms.
- Section 41-1-1.1 - Persons deemed state residents.
- Section 41-1-1.2 - Termination of resident status.
- Section 41-1-1.3 - Definition of trophy animals.
- Section 41-1-1.4 - Definition of nontrophy animals.
- Section 41-1-10 - Enjoining interference--Damages allowable.
- Section 41-1-2 - Game birds, animals, and fish as property of state.
- Section 41-1-3 - Lawful use of game bird, animal, or fish.
- Section 41-1-4 - Wanton waste or destruction of protected birds, animals and fish prohibited--Violation as misdemeanor.
- Section 41-1-5 - Forfeiture of right to game by unlawful taking, shipment or possession--State entitledto possession.
- Section 41-1-5.1 - Civil damage liability to state for unlawful killing or taking of wild animals--Amount--Return of uninjured animal--Exemption.
- Section 41-1-5.2 - Civil action for recovery of damages for unlawful killing or taking of animals--Effectof criminal conviction or acquittal--Deposit of damages and costs--Collection ofjudgments--Coll
- Section 41-1-5.6 - Statement of liability provisions printed on citations--Acknowledgment notedthrough specific receipt form--Failure to give required warnings.
- Section 41-1-5.7 - Disposition of deer and antelope killed by motor vehicle.
- Section 41-1-5.8 - Repealed.
- Section 41-1-6 - Repealed.
- Section 41-1-7 - Fish grown or raised for breeding purposes or sale.
- Section 41-1-8 - Interference with lawful hunting, trapping, or fishing prohibited--Violation asmisdemeanor.
- Section 41-1-9 - Disobeying order of peace officer to desist from interfering as misdemeanor.
- Sections 41-1-5.3 to 41-1-5.5 - Repealed
- Chapter 02 - State Department Of Game, Fish And Parks
- Section 41-2-1 - Department and commission continued.
- Section 41-2-1.1 - Department continued--Performance of functions.
- Section 41-2-1.2 - Direction and supervision of commission--Independent functions retained.
- Section 41-2-11 - Employment of conservation officers--Qualifications--Career service.
- Section 41-2-11.1 - Executed.
- Section 41-2-12 - Repealed.
- Section 41-2-13 - Rangers and park managers as unpaid conservation officers--Emergencyappointments.
- Section 41-2-16 - Duties assigned to departmental officers and employees.
- Section 41-2-17 - Repealed.
- Section 41-2-18 - Rules for implementation of game, fish and conservation laws.
- Section 41-2-18.1 - Implementing pheasants-for-everyone program.
- Section 41-2-19 - Acquisition, management, and improvement of property.
- Section 41-2-2 - Political affiliations of commissioners--Farmer members--Residence and grossincome requirements.
- Section 41-2-20 - Sale of property no longer needed--Procedures.
- Section 41-2-21 - Acquisition and development of property for public shooting areas, waterconservation, and recreation.
- Section 41-2-21.1 - Railroad right-of-way responsibility--Taxation.
- Section 41-2-22 - Operation of controlled hunting areas.
- Section 41-2-23 - Improvement of wildlife habitat--Access lands--State title not required.
- Section 41-2-24 - Acquisition and management of parks--Fees--Bonds--Cooperation with otheragencies.
- Section 41-2-25 - Park and recreational improvements on leased lands--Restrictions.
- Section 41-2-26 - Easements, leases, and permits on property controlled by department--Purposes forwhich granted.
- Section 41-2-27 - Publicity and advertising activities.
- Section 41-2-28 - Transferred.
- Section 41-2-29 - Sale of forest products or department lands--Disposition of proceeds.
- Section 41-2-29.1 - Sale of real property owned by state--Requirements and procedure.
- Section 41-2-29.2 - Trade or exchange of real property owned by state--Requirements and procedure.
- Section 41-2-3 - Terms of office of commissioners--Annual appointments--Restrictions onappointments.
- Section 41-2-30 - Predatory animal control activities--Cooperation with other agencies.
- Section 41-2-31 - Acceptance and use of federal grants and other donations.
- Section 41-2-32 - Repealed.
- Section 41-2-33 - Appointment of licensing agents.
- Section 41-2-34 - Fees and collections paid into departmental fund.
- Section 41-2-34.3 - Repealed.
- Section 41-2-35 - Annual appropriation of departmental fund.
- Section 41-2-35.1 - Informational budget--Review.
- Section 41-2-36 - Audit of departmental books and vouchers.
- Section 41-2-37 - Repealed.
- Section 41-2-38 - Department to manage certain property transferred to state for fish and wildlifepurposes or recreation uses--Promulgation of rules.
- Section 41-2-39 - Disposal of surplus lands within George S. Mickleson Trail--Lands and personseligible.
- Section 41-2-4 - Oath and bond of commissioners.
- Section 41-2-40 - Determination of land as disposable.
- Section 41-2-41 - State funds not to be expended--Landowner assumption of costs.
- Section 41-2-42 - Approval of conveyances.
- Section 41-2-43 - Approval by Interstate Commerce Commission.
- Section 41-2-44 - Landowner agreement--Contents.
- Section 41-2-45 - Conveyance by quitclaim deed--Execution.
- Section 41-2-46 - Landowner presentation of proof of ownership--Contents.
- Section 41-2-5 - Removal of commissioner from office--Procedure.
- Section 41-2-6 - Filling of vacancies on commission.
- Section 41-2-7 - Repealed.
- Section 41-2-8 - Annual meeting of commission--Chair and vice chair--Additional meetings.
- Sections 41-2-14, 41-2-15 - Repealed
- Sections 41-2-34.1, 41-2-34.2 - Wildlife habitat stamp revenue--Use--Purchase and use of land--Power of eminent domain not to be exercised. Surcharge on licenses--Deposit in fund--Disbursement of mone
- Sections 41-2-9, 41-2-10 - Superseded
- Chapter 03 - State And Federal Conservation Activities
- Section 41-3-1 - Department in charge of propagation and preservation of game and fish.
- Section 41-3-10 - Management of fish hatcheries.
- Section 41-3-11 - Assent to federal fish restoration and management act--Cooperative projects--Fishinglicense fees committed.
- Section 41-3-12 - Receipt and distribution of fish and spawn.
- Section 41-3-13 - Propagation and stocking of fishing waters--Stocking of game animals and birds.
- Section 41-3-2 - Collection and publication of conservation information.
- Section 41-3-3 - Cooperation with federal agencies in propagation, preservation and protection ofgame and fish--Expenditure of funds.
- Section 41-3-4 - Assent to federal wildlife restoration act--Cooperation in projects--Hunting licensefees committed.
- Section 41-3-4.1 - Wildlife mitigation condemnations to be restricted to direct beneficiaries of project--Federal contracts--Missouri River reservoirs excepted.
- Section 41-3-4.2 - Wildlife mitigation condemnations to be submitted to county commissioners.
- Section 41-3-5 - Assent to federal recreation and fish and wildlife act--Cooperation in managementof fish, wildlife, and recreation areas.
- Section 41-3-6 - Assent to federal acquisition of property for migratory bird conservation.
- Section 41-3-7 - Purchase and exchange of animals, birds, and fish for breeding purposes.
- Section 41-3-8 - Enforcement of laws for protection and propagation of animals, birds, and fish.
- Section 41-3-9 - Permission for scientific collection of protected birds, animals, and fish--Resaleprohibited.
- Chapter 04 - Land Acquisition And Management By State
- Section 41-4-1 - Acquisition of private property authorized--Condemnation resolution andproceedings.
- Section 41-4-1.1 - Notice to landowner required prior to purchase of land.
- Section 41-4-10 - Use of unused section-line roads for game production--Notice and cooperation byeastern political subdivisions.
- Section 41-4-11 - Supervision of certain islands in Missouri River--Purposes of use--Sand and gravelcontracts.
- Section 41-4-12 - "Hunting guide" defined.
- Section 41-4-2 - Condemnation costs payable from departmental fund--Vouchers and warrants.
- Section 41-4-3 - Nonresident small game license fees paid into land acquisition and developmentfund--Use for game production areas and public shooting areas.
- Section 41-4-4 - Procedure for timber sales.
- Section 41-4-5 - Timber sales on sealed bids or at auction--Negotiated small sales.
- Section 41-4-6 - Publication of notice of timber sales--Contents.
- Section 41-4-7 - Minimum price of timber sales--Sale to highest bidder--Rejection of bids andreadvertisement.
- Section 41-4-8 - State-owned areas subject to taxation for county, township, and school purposes--Assessment and extension of levies.
- Section 41-4-9 - Reimbursement of lessees of state-owned land condemned by United States.
- Chapter 05 - Game Preserves And Refuges
- Section 41-5-1 - Repealed.
- Section 41-5-1.1 - Repealed.
- Section 41-5-2 - Repealed.
- Section 41-5-5 - Posting of notices prohibiting hunting in preserves and refuges.
- Section 41-5-6 - Tampering with fence or gate or leaving gate open as misdemeanor.
- Section 41-5-7 - Hunting and carrying of firearms within preserve or refuge as misdemeanor.
- Section 41-5-8 - Carrying of enclosed firearm on highway in preserve or refuge--Hunting of predatoryanimals and birds on private property.
- Sections 41-5-3, 41-5-4 - Repealed
- Chapter 06 - Game And Fish Licenses And Permits
- Section 41-6-1 - Exempt persons--Conditions and rules.
- Section 41-6-10 - Licenses, stamps, and permits enumerated--Fees set by commission.
- Section 41-6-10.1 - Combination licenses--Issuance.
- Section 41-6-10.2 - Certain totally disabled residents or residents held as prisoners of war entitled toreduced license fees.
- Section 41-6-11 - Repealed.
- Section 41-6-12 - Resident and nonresident licenses and preference points--Minimum age.
- Section 41-6-13 - Parental application for basic license for minor less than sixteen--Restrictions andrequirements--Violation as misdemeanor.
- Section 41-6-14 - Safety instruction required for licensing of child under sixteen--Fee waived.
- Section 41-6-15 - Repealed.
- Section 41-6-15.1 - Repealed.
- Section 41-6-16 - Resident licenses, permits, and stamps for hunting of small game, migratory birds,and migratory waterfowl--Violation as misdemeanor.
- Section 41-6-16.1 - Mourning doves--Hunting by minor--Violation as misdemeanor.
- Section 41-6-16.2 - License not required of resident on active duty in U.S. armed forces--Exception formigratory bird hunting.
- Section 41-6-17 - Nonresident licenses and permits for hunting of small game and migratory birds--Privileges--Violation as misdemeanor.
- Section 41-6-18 - Repealed.
- Section 41-6-18.1 - Nonresident migratory waterfowl licenses, permit, and stamp required--Violation asmisdemeanor--Special nonresident migratory waterfowl license--Land acquisitionand development fund
- Section 41-6-18.2 - Limitation of number of nonresident waterfowl licenses--Lottery selection.
- Section 41-6-18.3 - Repealed.
- Section 41-6-18.4 - Temporary nonresident waterfowl licenses--Special issuance in certain counties--Promulgation of rules--Fees--Validity of licenses--Disposition of revenue.
- Section 41-6-19 - Resident big game license--Privileges and fee--Violation as misdemeanor.
- Section 41-6-19.1 - Resident elk license--Privileges and fee--Violation as misdemeanor.
- Section 41-6-19.2 - Repealed.
- Section 41-6-19.3 - Resident farmer or rancher limited deer or antelope permit--Eligibility.
- Section 41-6-19.4 - Immediate family defined for limited deer permit.
- Section 41-6-19.5 - Conditions applicable to limited deer permit and antlerless deer licenses--Eligibilityfor subsequent season.
- Section 41-6-19.8 - Resident antlerless deer licenses restricted to farm or ranch lands owned or leased bylicense holder.
- Section 41-6-2 - License not required to hunt certain animals or fish on owned or leased land duringopen season.
- Section 41-6-20 - Nonresident big game license--Privileges--Violation as misdemeanor.
- Section 41-6-21 - Limiting number of big game licenses--Preferences in eligibility--Application byineligible person as misdemeanor.
- Section 41-6-22 - Big game transportation permit--Issuance and use in transporting game--Violationas misdemeanor.
- Section 41-6-23 - Fur-bearing animal hunting and trapping license--Privileges--Activities for whichlicense not required--Violation as misdemeanor.
- Section 41-6-24 - Repealed.
- Section 41-6-25 - Fur dealer's license--Privileges--License valid for one year--Violation asmisdemeanor.
- Section 41-6-26 - Revocation of fur dealer's license--New license prohibited for two years.
- Section 41-6-27 - Resident wild turkey license--Privileges--Violation as misdemeanor.
- Section 41-6-28 - Nonresident wild turkey license--Privileges--Violation as misdemeanor.
- Section 41-6-29 - Permit to kill animal or bird doing damage--Animal or bird as property of state--Disposition--Violation a misdemeanor.
- Section 41-6-29.1 - Issuance of depredation permits--Application procedures--Fee--Limit on permits--Violation as misdemeanor.
- Section 41-6-29.2 - Killing of mountain lion permitted under certain circumstances--Notification ofconservation officer.
- Section 41-6-3 - License not required to hunt fur-bearing animals on own land during open season.
- Section 41-6-30 - Nonresident predator/varmint license--Privileges--When license not required--Violation as misdemeanor.
- Section 41-6-31 - Breeding and domesticating license--Privileges granted--Annual report to secretary--Sale and shipment of animals or birds--Violation as misdemeanor.
- Section 41-6-31.1 - Upland game birds raised in captivity and derived products deemed agriculturalproducts.
- Section 41-6-32 - Scientific collector's license--Privileges--Approval.
- Section 41-6-33 - Taxidermist's license--Privileges--Records--Inspections--Violation as misdemeanor.
- Section 41-6-34 - Repealed.
- Section 41-6-35 - Resident fishing license--Privileges--Exemption from fee.
- Section 41-6-36 - Nonresident fishing license--Privileges.
- Section 41-6-37 - Temporary fishing license--Privileges.
- Section 41-6-37.1 - Nonresident family fishing license.
- Section 41-6-37.2 - Nursing facility group fishing license--Fees and regulations set by commission--Resident defined.
- Section 41-6-38 - Hoop net, trap, or setline license--Privileges and fees--Tagging of devices used--Violation as misdemeanor.
- Section 41-6-39 - Private fish hatchery license--Privileges granted--Violation as misdemeanor.
- Section 41-6-4 - License not required of resident under sixteen to hunt fur-bearing animals.
- Section 41-6-40 - Fishing allowed to purchaser from private fish hatchery--Removal of fish caught.
- Section 41-6-41 - Fishing license not required to fish in private hatchery.
- Section 41-6-42 - Unlawful transportation of fish caught in private hatchery as misdemeanor.
- Section 41-6-43 - Records and reports required of private fish hatchery.
- Section 41-6-44 - Resident wholesale bait dealer license--Privileges granted--Rules--Violation asmisdemeanor.
- Section 41-6-44.1 - Nonresident wholesale bait dealer license--Privileges granted--Rules--Violation asmisdemeanor.
- Section 41-6-45 - Retail bait dealer licenses for residents and nonresidents--Privileges granted--Sale todealers prohibited--Rules--License not required for residents under 16--Violation asmisdemeanor
- Section 41-6-45.1 - Export bait dealer license--Privileges granted--Rules--Violation as misdemeanor.
- Section 41-6-46 - Repealed.
- Section 41-6-5 - License not required to kill raccoons, skunks, fox, and badger doing damage.
- Section 41-6-52 - Application for resident license by nonresidents prohibited--Violation asmisdemeanor.
- Section 41-6-53 - Persons to whom nonresident or visitor's license issued--Fishing license not requiredfor nonresident under sixteen.
- Section 41-6-54 - Repealed.
- Section 41-6-55 - One license of any type to one person--Exceptions--Sale of additional license of sametype--License types.
- Section 41-6-58 - Repealed.
- Section 41-6-59 - Bond or security requirements for agents.
- Section 41-6-59.1 - Regulation of fee remittance by agents to county treasurers.
- Section 41-6-6 - Fishing license not required of resident under sixteen.
- Section 41-6-60 - Big game transportation permits issued by conservation officers.
- Section 41-6-61 - Licenses to be issued by secretary--Discretionary licenses.
- Section 41-6-62 - Form and content of applications--Oath of applicant.
- Section 41-6-63 - Exhibition of license on request--Violation as misdemeanor.
- Section 41-6-64 - Repealed.
- Section 41-6-65 - Repealed.
- Section 41-6-66 - Commission or department to direct form of licenses.
- Section 41-6-66.1 - Maximum amounts for issuing license--Violation as misdemeanor.
- Section 41-6-66.2 - Repealed.
- Section 41-6-67 - Repealed.
- Section 41-6-68 - Prompt transmittal of county reports and fees.
- Section 41-6-69 - Return of unused licenses and copies of licenses issued--Destruction after audit.
- Section 41-6-7 - Entry of unlicensed person onto boundary waters from South Dakota for hunting orfishing as misdemeanor.
- Section 41-6-70 - Repealed.
- Section 41-6-70.1 - Portion of license fees to be used for certain designated purposes.
- Section 41-6-71 - License not transferable--Violation as misdemeanor.
- Section 41-6-72 - Expiration of licenses.
- Section 41-6-73 - Unauthorized application for, or procurement or possession of, license or preferencepoint--Misdemeanor
- Section 41-6-74 - Repealed.
- Section 41-6-74.1 - Revocation of hunting, fishing, or trapping privilege for conviction of certainoffenses.
- Section 41-6-74.2 - Revocation of hunting, fishing, or trapping privilege for conviction of taking orpossessing in excess of limit.
- Section 41-6-74.3 - Revocation to be noted on face of license--Violation as misdemeanor.
- Section 41-6-75 - Penalty for hunting, fishing or trapping while under license revocation.
- Section 41-6-75.1 - Revocation, suspension of nonresident license precludes licensing in this state--Violation.
- Section 41-6-75.2 - Hunting, trapping, fishing or applying for license, permit or preference point whileprivileges suspended--Misdemeanor.
- Section 41-6-76 - Resident license required to catch, kill, or possess fish, frogs, or turtles--Violation asmisdemeanor.
- Section 41-6-77 - Nonresident license required to catch, kill or possess fish, frogs, or turtles--Violationas misdemeanor.
- Section 41-6-8 - Nonresident hunting or fishing on boundary waters without license or carrying gameinto South Dakota as misdemeanor.
- Section 41-6-80 - Predator/varmint license required to hunt, take, or kill certain animals--Exceptions--Violation as misdemeanor.
- Section 41-6-9 - Repealed.
- Sections 41-6-19.6, 41-6-19.7 - Nonrefundable application fee for resident bighorn sheep, mountain goat, or elk license--Drawing--Use of proceeds--Rules. License issued to national guard member called
- Sections 41-6-47, 41-6-48 - Repealed
- Sections 41-6-49 to 41-6-51 - Repealed
- Sections 41-6-56, 41-6-57 - Repealed
- Sections 41-6-78, 41-6-79 - Training of dogs on wild game birds restricted--Rules--Violation as misdemeanor. Repealed
- Chapter 07 - Firearms Safety Instruction
- Chapter 08 - Hunting And Trapping Seasons And Methods
- Section 41-8-1 - Repealed.
- Section 41-8-10 - Minimum caliber of muzzle loading big game ammunition--Violation asmisdemeanor.
- Section 41-8-11 - Maximum number of cartridges in self-loading firearm used to hunt big game--Violation as misdemeanor.
- Section 41-8-12 - Automatic weapon prohibited in hunting game--Violation as misdemeanor.
- Section 41-8-13 - Buckshot prohibited in hunting big game--Minimum weight of slug--Violation asmisdemeanor.
- Section 41-8-14 - Repealed.
- Section 41-8-15 - Dogs prohibited in hunting big game--Exception--Violation.
- Section 41-8-16 - Use of salt to attract big game prohibited.
- Section 41-8-17 - Night-vision equipment and artificial light in hunting prohibited--Exceptions--Night-vision equipment defined--Violation as misdemeanor.
- Section 41-8-17.1 - Spotlighting prohibited--Times--Exceptions--Violation a misdemeanor.
- Section 41-8-18 - Big game hunting violation as misdemeanor--Additional penalty on conviction forhunting or taking big game during nighttime, closed season, or without license.
- Section 41-8-18.1 - Repealed.
- Section 41-8-19 - Trapping of fur-bearing animals prohibited except as authorized--Violation asmisdemeanor.
- Section 41-8-2 - Hunting or possession of big game prohibited except as expressly provided--Violation.
- Section 41-8-2.1 - Repealed.
- Section 41-8-20 - Open seasons on fur-bearing animals.
- Section 41-8-21 - Possession of raw furs after close of season--Furs checked with conservation officer--Violation as misdemeanor.
- Section 41-8-22 - Repealed.
- Section 41-8-23 - Killing of mink, muskrats, and beavers causing damage.
- Section 41-8-24 - Prohibited methods of hunting mink, muskrats and beavers--Violation asmisdemeanor.
- Section 41-8-25 - Maximum number of traps--Disturbance of muskrat houses--Violation asmisdemeanor.
- Section 41-8-26 - Counties in which muskrat restrictions not applicable.
- Section 41-8-27 - Repealed.
- Section 41-8-28 - Trap robbing or injury as misdemeanor.
- Section 41-8-29 - Cancellation of trapping license on conviction--New license prohibited for two years.
- Section 41-8-3 - Repealed.
- Section 41-8-30 - Repealed.
- Section 41-8-31 - Hunting methods restricted--Violation as misdemeanor.
- Section 41-8-32 - Repealed.
- Section 41-8-32.1 - Mourning doves--Hunting within fifty yards of highway prohibited--Violation asmisdemeanor.
- Section 41-8-33 - Repealed.
- Section 41-8-34 - Repealed.
- Section 41-8-35 - Floating batteries, sink boxes, and similar devices prohibited--Violation asmisdemeanor.
- Section 41-8-36 - Use of motorboats in hunting prohibited--Exceptions--Violation as misdemeanor.
- Section 41-8-37 - Hunting from motor vehicle prohibited--Exceptions--Promulgation of rules--Misdemeanor.
- Section 41-8-37.1 - Hunting from motorcycle as misdemeanor.
- Section 41-8-38 - Repealed.
- Section 41-8-39 - Use of aircraft in hunting prohibited--Misdemeanor.
- Section 41-8-39.1 - Aerial hunting of coyotes and fox by occupier of land where loss of animalsthreatened--Hunting on neighbor's land--Consent or authorization--Contract.
- Section 41-8-39.2 - Contracts with aerial hunters of foxes and coyotes.
- Section 41-8-4 - Repealed.
- Section 41-8-40 - Hunting on boundary waters in violation of laws of adjoining state as misdemeanor--Agreements for reciprocal recognition of licenses and enforcement.
- Section 41-8-5 - Number of mountain goats taken in year.
- Section 41-8-6 - License required to hunt big game--Violation.
- Section 41-8-7 - Each violation of big game hunting restrictions as separate offense.
- Section 41-8-8 - Repealed.
- Section 41-8-9 - Repealed.
- Section 41-8-9.1 - Repealed.
- Chapter 09 - Fishing, Hunting And Trapping On Private Land And Public Rights-Of-Way
- Section 41-9-1 - Landowner's consent required to fish, hunt or trap on private land--Exception--Violation as misdemeanor.
- Section 41-9-1.1 - Certain highways and public rights-of-way excepted from restrictions--Hunting ortrapping within certain distance from buildings or livestock prohibited--Violation asmisdemeanor--Rev
- Section 41-9-1.2 - Big game hunting on highways and public rights-of-way prohibited--Exceptions--Violation as misdemeanor.
- Section 41-9-1.3 - Requirements for hunting, fishing or trapping along section-line or highway.
- Section 41-9-1.4 - Discharge of firearm while on certain public waters prohibited--Exception--Violationas misdemeanor.
- Section 41-9-1.5 - Motorized vehicles not to be used in hunting from highways--Restrictions.
- Section 41-9-1.6 - Penalty for endangerment of other while hunting on right-of-way.
- Section 41-9-2 - Hunting prohibited in portions of fire protection district--Notice requirements--Violation as misdemeanor.
- Section 41-9-4 - Posting private land without consent as misdemeanor--Posting public land.
- Section 41-9-5 - Damage to or destruction of posted notices as misdemeanor.
- Section 41-9-6 - Repealed.
- Section 41-9-7 - Repealed.
- Section 41-9-8 - Revocation of privileges for conviction of hunting, fishing, or trapping on privateproperty without permission or within fire protection district--Unarmed retrieval ofgame--Driving or
- Section 41-9-9 - Hunter civil liability for injury, death, or property damage caused by negligentactions.
- Sections 41-9-3, 41-9-3.1 - Repealed
- Chapter 10 - Private Shooting Preserves
- Section 41-10-1 - Definition of terms.
- Section 41-10-10 - Marking of game released--Unmarked game deemed wild.
- Section 41-10-11 - Season for shooting preserves.
- Section 41-10-12 - Resident basic game and fish license or nonresident general hunting license requiredon preserve--Habitat restoration stamp--Violation as misdemeanor.
- Section 41-10-13 - Game taken on preserve by licensed hunter.
- Section 41-10-14 - Shooting hours, fees, and limitations on game species.
- Section 41-10-15 - Repealed.
- Section 41-10-16 - Tagging of pen raised or wild game taken by licensed hunter on shooting preserve.
- Section 41-10-17 - Guest register and records required of operator--Open to inspection--Violation asmisdemeanor.
- Section 41-10-18 - Owning, operating, leasing, or controlling shooting preserve without license--Misdemeanor.
- Section 41-10-19 - Revocation or suspension of permit.
- Section 41-10-2 - Issuance and renewal of operating permits.
- Section 41-10-20 - Appeal to circuit court from suspension or revocation of permit.
- Section 41-10-3 - Application for permit--Maximum area of preserve.
- Section 41-10-4 - Fee for permit.
- Section 41-10-4.5 - Notice of application--Submission of opinion--Status as interested party--Notice ofdecision.
- Section 41-10-5 - Repealed.
- Section 41-10-6 - Inspection of shooting preserve area--Evaluation of applicant's ability.
- Section 41-10-7 - Issuance of permit--Criteria established--Effective date of certain provisions.
- Section 41-10-7.1 - Contested case hearing upon denial of shooting preserve operating permit--Request.
- Section 41-10-7.2 - Contested case hearing upon grant of new shooting preserve operating permit--Request.
- Section 41-10-8 - Consent to entry and search of premises by officer--Noncompliance as misdemeanor.
- Section 41-10-9 - Species of game hunted under chapter.
- Chapter 11 - Protection Of Birds And Small Game
- Section 41-11-1 - Wild birds and wild animals as property of state.
- Section 41-11-10 - Birds not protected or conditionally protected by chapter.
- Section 41-11-11 - Raptor license required--Violation as misdemeanor.
- Section 41-11-2 - Taking, possession, sale or transportation of wild bird or small game prohibitedexcept as provided.
- Section 41-11-3 - Repealed.
- Section 41-11-4 - Hunting, transportation, sale or possession of game birds prohibited--Violation asmisdemeanor.
- Section 41-11-5 - Establishing season for game birds--Closing.
- Section 41-11-5.1 - Repealed.
- Section 41-11-5.2 - Repealed.
- Section 41-11-5.3 - Repealed.
- Section 41-11-5.4 - Repealed.
- Section 41-11-5.5 - One-day pheasant hunt for disabled veterans--When held--Fee--Rules.
- Section 41-11-6 - Repealed.
- Section 41-11-7 - Possession or destruction of nest or eggs of protected birds prohibited--Violation asmisdemeanor.
- Section 41-11-8 - Sale of parts of protected bird prohibited--Exceptions--Violation as misdemeanor.
- Section 41-11-9 - Repealed.
- Sections 41-11-12 to 41-11-14 - Repealed
- Chapter 12 - Fishing Seasons And Methods
- Section 41-12-1 - Repealed.
- Section 41-12-10 - Repealed.
- Section 41-12-11 - Repealed.
- Section 41-12-12 - Fishing devices prohibited--Landing nets and gaffs permitted--Violation asmisdemeanor.
- Section 41-12-13 - Use of explosives, electrical devices, and drugs as misdemeanor.
- Section 41-12-14 - Departmental agents exempt when managing fishery resources.
- Section 41-12-15 - Law of adjoining state to be observed on boundary waters--Misdemeanor.
- Section 41-12-16 - Taking of certain species from Missouri River boundary waters permitted.
- Section 41-12-17 - Seining of scavenger and unprotected fish from boundary waters permitted.
- Section 41-12-18 - Repealed.
- Section 41-12-19 - Agreements with adjoining states for reciprocal recognition of licenses andenforcement.
- Section 41-12-2 - Fishing in private water used for propagation as misdemeanor except by consent.
- Section 41-12-3 - Labeling and access to fishing houses erected on ice--Neglect as misdemeanor--Exception for portable shelters.
- Section 41-12-4 - Repealed.
- Section 41-12-5 - Fishing restricted to hook and line except as provided--Violation as misdemeanor.
- Section 41-12-6 - Fishing with excessive number of lines as misdemeanor.
- Section 41-12-7 - Fishing lines to be attended--Violation as misdemeanor.
- Section 41-12-7.1 - Repealed.
- Section 41-12-8 - Prohibited bait--Violation as misdemeanor.
- Section 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.
- Section 41-12-9.1 - Net, seine, or similar device--Forfeiture of property or conveyance used to transport.
- Chapter 13 - Protection Of Fishing Waters
- Section 41-13-1 - Dumping of refuse or chemicals into game fish waters as misdemeanor--Liability forrestoration.
- Section 41-13-1.1 - Agricultural producer not liable for result of normal farming practices.
- Section 41-13-10 - Disposition of game fish taken in rough fish control operations.
- Section 41-13-2 - Permit required to use plant control chemicals in game fish waters--Violation asmisdemeanor--Promulgation of rules.
- Section 41-13-3 - Commission authority required to introduce fish or eggs into public waters--Violationas misdemeanor.
- Section 41-13-3.1 - Unauthorized importation of salmonidae as misdemeanor.
- Section 41-13-4 - Emptying bait container into public waters as misdemeanor.
- Section 41-13-5 - Department authorized to remove rough fish and bullheads from public waters.
- Section 41-13-6 - Additional species to be treated as rough fish.
- Section 41-13-7 - Contract fishing for rough fish and bullheads--Supervision--Bond required.
- Section 41-13-8 - Tagging and identification of devices used by contract fishermen.
- Section 41-13-9 - Sale and transportation of fish taken under commission program.
- Chapter 14 - Possession, Transportation And Sale Of Game And Fish
- Section 41-14-1 - Possession of unlawfully taken or imported bird, animal, or fish as misdemeanor.
- Section 41-14-10 - Carriage of game bird by employee of common carrier as misdemeanor.
- Section 41-14-11 - Possession of more than one big game animal as prima facie evidence of violation--Taxidermist excepted.
- Section 41-14-12 - Sale, purchase, or barter of meat, organs, or paws of big game animal asmisdemeanor.
- Section 41-14-13 - Sale of big game skins, heads, claws, and antlers permitted--Exception for antlers invelvet stage--Violation as misdemeanor.
- Section 41-14-14 - Locking seal and tagging required before big game transported--Violation asmisdemeanor.
- Section 41-14-15 - Licensee authorized to transport big game.
- Section 41-14-16 - Locking seal and tagging required for transportation of big game by common carrier.
- Section 41-14-17 - Transportation permit required for transportation of big game by common carrier--Disposition of copies of permit.
- Section 41-14-18 - Sale, shipment, or possession of raw skins of fur-bearing animals as misdemeanorexcept as provided.
- Section 41-14-19 - Possession of raw skin as prima facie evidence of state ownership.
- Section 41-14-2 - Possession of protected bird, animal, or fish as prima facie evidence of stateownership.
- Section 41-14-20 - Possession of raw skin during closed season as prima facie evidence of taking duringclosed season--Burden of proof as to lawful taking.
- Section 41-14-21 - Transportation of fur-bearing animal by common carrier prohibited except asprovided--Violation as misdemeanor.
- Section 41-14-22 - Storage and shipment of raw furs permitted during closed season to licensed dealers.
- Section 41-14-23 - Records required of resident fur dealers--Open to inspection--Violation asmisdemeanor.
- Section 41-14-24 - Duplicate invoices required for purchases by nonresident fur dealers.
- Section 41-14-25 - Sale or knowing purchase of fish as misdemeanor except as provided.
- Section 41-14-29 - Sale and transportation of rough fish permitted.
- Section 41-14-3 - Possession during closed season as prima facie evidence of taking during closedseason--Burden of proof as to lawful taking.
- Section 41-14-30 - Repealed.
- Section 41-14-31 - Repealed.
- Section 41-14-32 - Unlawful taking, possession, sale, or transportation of birds, animals, or fish asmisdemeanor.
- Section 41-14-33 - Transportation of lawfully taken big game animal prohibited unless tagged--Violationas misdemeanor.
- Section 41-14-34 - Baitfish dealing without license as misdemeanor.
- Section 41-14-4 - Tagging required for public storage of game--Tagging requirements to be posted--Public storage defined--Violation as misdemeanor.
- Section 41-14-5 - Service of game in public eating house during closed season as misdemeanor.
- Section 41-14-6 - Service of game birds in public eating house permitted when obtained fromauthorized private sources.
- Section 41-14-7 - Transportation of birds by common carrier prohibited except as provided--Violationas misdemeanor.
- Section 41-14-8 - Carriage of small game on common carrier--Information required for shipment--Permit--Violation as misdemeanor.
- Section 41-14-9 - Repealed.
- Sections 41-14-26 to 41-14-28 - Repealed
- Chapter 15 - Enforcement Powers And Procedures
- Section 41-15-1 - Department to enforce game and fish laws.
- Section 41-15-10 - Conservation officers authorized to execute process--Arrest without warrant--Assistance by peace officers--"Conservation officer" defined.
- Section 41-15-10.1 - Law enforcement powers of conservation officers certified or appointed by lawenforcement officers standards commission.
- Section 41-15-11 - Summons issued to person arrested for misdemeanor--Release from custody onpromise to appear--Bond required of nonresident.
- Section 41-15-12 - Repealed.
- Section 41-15-13 - Taking before magistrate on refusal of promise to appear on misdemeanor charge.
- Section 41-15-14 - Seizure and disposition of contraband game, fish and unlawful devices.
- Section 41-15-15 - Seizure of hunting and fishing equipment for use as evidence--Return to defendant--Abandonment by failure to claim.
- Section 41-15-16 - Destruction of unlawful hunting or fishing device by law enforcement officer--Immunity from liability.
- Section 41-15-16.1 - Fish house or other shelter on ice of public waters--Seizure or destruction.
- Section 41-15-17 - Search warrant for contraband bird, animal, fish, or skin--Execution of warrant.
- Section 41-15-18 - Unlawfully possessed bird, animal, fish, skin, or container as contraband--Seizure byofficer.
- Section 41-15-18.1 - Guns, implements, or vehicles unlawfully used in killing or transporting elk orbuffalo as contraband--Seizure by officer.
- Section 41-15-19 - Report to director of contraband seized.
- Section 41-15-2 - Jurisdiction of courts and officers over boundary waters--Concurrent jurisdiction ofadjoining states.
- Section 41-15-20 - Sale of contraband and abandoned property--Disposition of proceeds--Record ofsales--Tagging of articles sold.
- Section 41-15-3 - Law enforcement officers to enforce game and fish laws.
- Section 41-15-6 - Inspection and counting of birds, animals, and fish to be permitted by person inpossession--Stopping of motor vehicle or other conveyance for inspection.
- Section 41-15-7 - Refusal to permit or interference with inspection as misdemeanor.
- Section 41-15-8 - Inspection of hotels, restaurants, cold storage plants, and icehouses authorized.
- Section 41-15-9 - Repealed.
- Sections 41-15-4, 41-15-5 - Repealed
- Chapter 15A - Interstate Wildlife Violator Compact
- Section 41-15A-1 - Compact entry by participating states--Form.
- Section 41-15A-10 - Notification of privileges suspension--Hearing upon request--Procedure.
- Section 41-15A-11 - Powers of commission at hearing--Authority to affirm, modify, or rescind suspensionof privileges.
- Section 41-15A-12 - Suspension effective upon failure to request hearing or affirmation of suspension--Surrender of license.
- Section 41-15A-13 - Recognition of suspension of license privileges by participating states.
- Section 41-15A-14 - Suspension information communicated to other participating states--Form andcontent.
- Section 41-15A-15 - Authority to suspend privileges in home state upon receipt of notice of suspensionby participating state--Notification--Surrender of license.
- Section 41-15A-16 - Effect of compact on right of participating states to apply license privilege laws orenter into agreements.
- Section 41-15A-17 - Board of compact administrators--Appointment of compact administrators--Alternate.
- Section 41-15A-18 - Voting by board--Majority for binding action--Quorum.
- Section 41-15A-19 - Board election of presiding officer and vice presiding officer.
- Section 41-15A-2 - Purpose of chapter and compact.
- Section 41-15A-20 - Bylaws adoption, amendment, and rescission.
- Section 41-15A-21 - Donations and grants--Acceptance, use, and disposal.
- Section 41-15A-22 - Board authority to contract or accept services or personnel.
- Section 41-15A-23 - Compact manual to contain all procedures and forms adopted by board.
- Section 41-15A-24 - Effective date of compact.
- Section 41-15A-25 - Entry into compact by resolution of ratification--Approval by commission.
- Section 41-15A-26 - Form and content of resolution.
- Section 41-15A-27 - Effective date of entry into compact--Limitations.
- Section 41-15A-28 - Withdrawal from compact participation--Notice--Effective date.
- Section 41-15A-29 - Commission authorized to enter or withdraw from compact.
- Section 41-15A-3 - Definitions.
- Section 41-15A-30 - Amendments authorized--Presentation in resolution form initiated by participatingstates.
- Section 41-15A-31 - Adoption of amendment--Effective date.
- Section 41-15A-32 - Failure to respond after receipt of proposed amendment--Endorsement.
- Section 41-15A-33 - Commission authorized to adopt amendments.
- Section 41-15A-4 - Enforcement by Department of Game, Fish and Parks.
- Section 41-15A-5 - Issuance of wildlife violation citation to resident of participating state--Collateral notrequired to secure appearance--Exceptions.
- Section 41-15A-6 - Personal recognizance.
- Section 41-15A-7 - Noncompliance with wildlife citation terms--Report to licensing authority of issuingstate.
- Section 41-15A-8 - Issuing state to transmit information on noncompliance to violator's home state--Form and content.
- Section 41-15A-9 - Notification of failure to comply with citation--Period to comply--Suspension ofprivileges--Due process--Record.
- Chapter 16 - Federal Payments From National Forests
- Section 41-16-1 - Transferred.
- Section 41-16-1.1 - Transferred.
- Section 41-16-11 - Distribution to counties of federal payments from Black Hills National Forest.
- Section 41-16-12 - Payment to Harding County of receipts from Custer National Forest.
- Section 41-16-13 - Maximum national forest receipts paid to counties.
- Section 41-16-14 - Annual determination and payment of amounts due counties from national forests--Use for roads and schools.
- Section 41-16-7 - Transferred.
- Sections 41-16-2, 41-16-3 - Transferred
- Sections 41-16-4 to 41-16-6 - Transferred
- Sections 41-16-8 to 41-16-10 - Repealed
- Chapter 17 - State Parks
- Section 41-17-1 - State parks--Enumeration.
- Section 41-17-1.1 - Rules for administration, management, and development of state park system--Violation as misdemeanor.
- Section 41-17-10 - Assistance in maintenance of Custer County schools--Maximum amounts.
- Section 41-17-11 - Agreements for use of Custer State Park by National Guard--Lease authorized.
- Section 41-17-11.1 - Black Hills Playhouse--Lease agreement with commission.
- Section 41-17-11.2 - Black Hills Playhouse--Prior unpaid lease payments.
- Section 41-17-11.3 - Black Hills Playhouse--Lease agreement modified and continued.
- Section 41-17-11.4 - Black Hills Playhouse--Correction of building violations.
- Section 41-17-11.5 - Black Hills Playhouse--Maintenance and repair.
- Section 41-17-12 - New highways, roads, and trails in state parks--Violation as misdemeanor.
- Section 41-17-13 - Park license for admission to state parks and recreation areas--Fees--Deposit.
- Section 41-17-13.1 - Repealed.
- Section 41-17-13.2 - Exemptions from park license requirement.
- Section 41-17-13.3 - Campground permit or charges not included in park license.
- Section 41-17-13.4 - Free admission and reduced fees for certain veterans.
- Section 41-17-14 - Use of fees from park licenses--Land purchase prohibited.
- Section 41-17-14.1 - Camping permits--Issuance--Use of fees.
- Section 41-17-15 - Deposit and use of park service fees.
- Section 41-17-16 - Repealed.
- Section 41-17-17 - Repealed.
- Section 41-17-18 - Hunting and trapping in Custer State Park as misdemeanor.
- Section 41-17-18.1 - Permitting dogs at large as misdemeanor.
- Section 41-17-2 - Legislative adoption required for new state park.
- Section 41-17-21 - Parks and recreation fund created--Expenditure.
- Section 41-17-22 - Repealed.
- Section 41-17-22.1 - Imposition of promotion fee on concessionaires--Exemption from taxation--Depositand use.
- Section 41-17-22.2 - Classification of concession rights, privileges, and leasehold interest for taxation--Exemptions.
- Section 41-17-22.3 - Repealed.
- Section 41-17-22.4 - Procedure for sale, assignment, or transfer of concessionaire leases.
- Section 41-17-22.5 - Custer State Park bond redemption fund created--Expenditures.
- Section 41-17-22.6 - Amount of revenue from concession contracts deposited in Custer State Park fund.
- Section 41-17-23 - Grazing on state park or game preserve without permit as misdemeanor.
- Section 41-17-26 - Department required to fence land used for rails to trails program.
- Section 41-17-3 - Maps of state park system units maintained.
- Section 41-17-4 - Construction and acquisition of recreational facilities within parks and recreationalareas.
- Section 41-17-5 - Revenue bonds authorized for recreational facilities in parks--Terms of bonds--Maximum amount.
- Section 41-17-6 - Pledge of revenues as security for bonds--Apportionment of revenue when existingfacilities improved.
- Section 41-17-7 - Bond recital as to sources of payment--Disclaimer of state obligation.
- Section 41-17-8 - Sale of revenue bonds--Terms--Negotiability.
- Section 41-17-9 - Bond obligation restricted to revenues pledged.
- Sections 41-17-19, 41-17-20 - Repealed
- Sections 41-17-24, 41-17-25 - Failure to close gate in park or game preserve as misdemeanor. Repealed
- Chapter 18 - County Parks
- Section 41-18-1 - County parks and bodies of water as public purpose--Acquisition of property,borrowing, expenditure of general funds and issuance of bonds authorized.
- Section 41-18-10 - Bond proceeds deposited in park fund--Warrants for disbursements.
- Section 41-18-11 - Acquisition of park property--Payment from county general fund.
- Section 41-18-12 - Maximum payment for property acquisition.
- Section 41-18-13 - Maximum payment not applicable when bonds issued.
- Section 41-18-14 - Resolution for payment of agreed price for property.
- Section 41-18-15 - Resolution for condemnation of private property for park.
- Section 41-18-16 - Abatement of proceedings when condemnation judgment excessive--Payment ofcosts.
- Section 41-18-17 - Acquisition of land surrounding body of water in county park.
- Section 41-18-18 - Grant of easements or title to United States in consideration for construction of bodyof water.
- Section 41-18-19 - Survey and subdivision of waterfront lots before sale--Restrictions on use of lots.
- Section 41-18-2 - Acceptance of gift for park purposes authorized without petition or hearing.
- Section 41-18-20 - Appraisal of waterfront lots.
- Section 41-18-21 - Sale of waterfront lots--Minimum price--Time of appraisal.
- Section 41-18-22 - Terms of sale of waterfront lots--Minimum down payment and maximum contractperiod.
- Section 41-18-23 - Deposit of proceeds from sale of waterfront lots.
- Section 41-18-24 - Improvement and maintenance of county parks--Payment of expense.
- Section 41-18-3 - Freeholders' petition for establishment of park--Contents--Hearing on petition.
- Section 41-18-4 - Publication of notice of hearing on park petition--Description of land.
- Section 41-18-5 - Survey and plat of area approved for park--Acquisition if borrowing not required.
- Section 41-18-6 - Bond issue for county park or body of water authorized--Issuance--Sale--Election.
- Sections 41-18-7 to 41-18-9 - Repealed
- Chapter 19 - Snowmobile Trails And Areas
- Section 41-19-1 - Snowmobile trails fund appropriated--Accumulation without reversion.
- Section 41-19-2 - Acquisition and improvement of snowmobile trails and areas.
- Section 41-19-3 - Disbursements from snowmobile trails fund.
- Section 41-19-4 - Use of trails and areas restricted to licensed snowmobiles--Violation asmisdemeanor.
- Section 41-19-5 - Obsolete.
- Chapter 20 - Forestry
- Section 41-20-1 - Employment of state forester--Qualifications and general authority.
- Section 41-20-1.1 - Employment of state wildland fire coordinator--Qualifications and general authority.
- Section 41-20-10 - Preference to native trees and South Dakota dealers--Payments from forestry fund.
- Section 41-20-11 - Money from sale of trees and seeds placed in forestry fund.
- Section 41-20-12 - Forestry fund continued--Source of funds--Appropriation and expenditure.
- Section 41-20-2 - Forester continued within Department of Agriculture--Allocation of functions.
- Section 41-20-3 - Administration of forestry and forest protection laws.
- Section 41-20-3.1 - Adoption of rules by secretary.
- Section 41-20-3.2 - Establishment of policy to provide additional forest fire protection in Black HillsNational Forest area.
- Section 41-20-4 - Prevention and suppression of forest fires--Court action against persons setting fires.
- Section 41-20-4.1 - Interference with forest service fire equipment as misdemeanor.
- Section 41-20-5 - Fire suppression special revenue fund established--Purpose--Reimbursements andcontributions deposited in fund.
- Section 41-20-6 - Payments from fire suppression special revenue fund.
- Section 41-20-7 - Repealed.
- Section 41-20-8 - Cooperation with other agencies in forest and rangeland management and protection--Scope of activities--Collection of costs incurred by wildland fire coordinator.
- Section 41-20-8.1 - Suppression of range fires in county--Reimbursement by county.
- Section 41-20-8.2 - Mutual aid agreements--Determination of assumed costs.
- Section 41-20-8.3 - Training and fire prevention or suppression--Agreements.
- Section 41-20-8.4 - Drug screening program for certain applicants and employees of Wildland FireSuppression Division.
- Section 41-20-8.5 - Solicitations for employment to include notice of drug screening program.
- Section 41-20-8.6 - Confidentiality of test results and medical information.
- Section 41-20-8.7 - Disclosure of confidential medical information as misdemeanor.
- Section 41-20-8.8 - Promulgation of rules regarding drug screening program.
- Section 41-20-9 - Cooperation with federal government in tree planting activities--Seeds and plantsfurnished to landowners.
- Chapter 21 - Forest Insect And Disease Control
- Section 41-21-1 - Legislative findings--Purpose of chapter.
- Section 41-21-1.1 - Adoption of rules authorized.
- Section 41-21-2 - Definition of terms.
- Section 41-21-3 - Declaration of nuisance by county commissioners.
- Section 41-21-4 - Entry by state forester on private land--Notice and advice to landowner as to controlof infestation.
- Section 41-21-5 - Reimbursement of landowner for control measures.
- Section 41-21-6 - Infestation control by state forester--Cost charged to landowner.
- Section 41-21-7 - Certification and collection of infestation control costs from landowner.
- Chapter 22 - State Tree Nursery