S.D. Codified Laws § 41-1-5.1

Current through the 2024 Legislative Session

Section 41-1-5.1 - Civil damage liability to state for unlawful killing or taking of wild animals-Amount-Return of uninjured animal-Exemption

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 when and where taking or possession of such regulated wild animal is prohibited;

(3) In excess of the legal limit of big game if exceeded by one or more; or

(4) In excess of the legal daily or possession limit of small game bird or fish if exceeded by two or more;

is liable to the state for civil damages.

The civil damages are five thousand dollars for each nontrophy elk, mountain lion, or buffalo; ten thousand dollars for each mountain goat or mountain sheep; one thousand dollars for each nontrophy mule deer, nontrophy white-tailed deer, nontrophy antelope, or bobcat; two hundred dollars for each turkey; two hundred dollars for each paddlefish; one hundred dollars for each small game bird; and fifty dollars for each fish for any species, other than paddlefish, with an established daily limit of less than twenty-five. The civil damages for each trophy antelope, trophy mule deer, and trophy white-tailed deer as defined in § 41-1-1.3 may not be less than two thousand dollars and may not exceed five thousand dollars, and the civil damages for each trophy elk as defined in § 41-1-1.3 may not be less than six thousand dollars and may not exceed ten thousand dollars.

If a person has taken or is in possession of more than two times the lawful daily or possession limit of a regulated wild animal, such person is liable for twice the damages provided in this section.

However, the return uninjured of the wild animal to the place where captured, or to such other place as the Department of Game, Fish and Parks may direct, constitutes a discharge of such damages. Moreover, the provisions of this section do not apply to any person, who, after providing written notice received by the Department of Game, Fish and Parks, forty-eight hours in advance, takes reasonable actions to protect the person's land, livestock, or crops from serious and extraordinary damages caused by elk, deer, antelope, wild turkey, or mountain lion. Nothing in this section or any other provision of law prevents any person from taking any action necessary to protect the personal safety of that person or any other person who is in immediate danger of harm from a mountain lion or other animal specified in this section.

SDCL 41-1-5.1

SL 1969, ch 104; SL 1985, ch 321, § 2; SL 1998, ch 254, §1; SL 1999, ch 209, §2; SL 2001, ch 227, §1; SL 2010, ch 206, §3.