CHAPTER 238

(HB 1025)

Predator or varmint hunting license requirements revised.

         ENTITLED, An Act to  revise certain provisions relating to the definition of predator/varmint and predator/varmint licenses.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:

     Section  1.  That subdivision (21) of § 41-1-1 be amended to read as follows:

             (21)      "Predator/varmint," coyote, gray fox, red fox, skunk, English house sparrow, European starling, gopher, ground squirrel, chipmunk, jackrabbit, marmot, unbanded undomesticated pigeon (rock dove), porcupine, crow, and prairie dog;

     Section  2.  That § 41-6-30 be amended to read as follows:

     41-6-30.   Except as provided in this section, it is a Class 2 misdemeanor for a nonresident to hunt, take, or kill jackrabbits, prairie dogs, gophers, ground squirrels, chipmunks, coyotes, red fox, grey fox, skunk, crow, porcupine, English house sparrow, European starling, unbanded undomesticated pigeon (rock dove), or marmot, species defined as a predator/varmint in §  41-1-1 without a nonresident predator/varmint license or in violation of the conditions of the license or the rules of the Game, Fish and Parks Commission.

     A nonresident predator/varmint license, notwithstanding the provisions of § 41-6-24, allows a nonresident to take or kill jackrabbits, prairie dogs, gophers, ground squirrels, chipmunks, coyotes, red fox, grey fox, skunk, English house sparrow, European starling, unbanded undomesticated pigeon (rock dove), and within the lawful season, crow, porcupine, and marmot, species defined as a predator/varmint in §  41-1-1, except by means of aerial hunting or as prohibited by statute or rule.

     However, if a nonresident possesses a nonresident small game license, a nonresident waterfowl license, a nonresident big game license, a nonresident shooting preserve license while on a licensed shooting preserve, or a nonresident turkey license as provided in § 41-6-17, 41-6-18.1, 41-6-20, or 41-6-28, the nonresident need not acquire the nonresident predator/varmint license as provided in this section to hunt the species enumerated by this section in the manner and places permitted. A nonresident small game license, a nonresident waterfowl license, a nonresident big game license, or a nonresident turkey license is valid for hunting those animals permitted by the nonresident predator/varmint license from date of purchase until the end of the license year as provided by rules promulgated by the Game, Fish and Parks Commission pursuant to chapter 1-26. However, a nonresident shooting preserve license is valid for hunting predators and varmints species defined as a predator/varmint in §  41-1-1 on a licensed shooting preserve during the shooting preserve season.

     Section  3.  That § 41-6-80 be amended to read as follows:

     41-6-80.   Except as provided in this section, it is a Class 2 misdemeanor for a resident to hunt, take, or kill jackrabbits, prairie dogs, gophers, ground squirrels, chipmunks, coyotes, red fox, grey fox, skunk, raccoons, badgers, crow, porcupine, brown headed cow birds, English house sparrow, European starling, unbanded undomesticated pigeon (rock dove), or marmot, or species defined as a predator/varmint in §  41-1-1 without a resident predator/varmint license or in violation of the conditions of the license or the rules of the Game, Fish and Parks Commission. A resident

predator/varmint license allows a resident to take or kill jackrabbits, prairie dogs, gophers, ground squirrels, chipmunks, coyotes, red fox, grey fox, skunk, raccoons, badgers, brown headed cow birds, English house sparrow, European starling, unbanded undomesticated pigeon (rock dove), and within the lawful season, crow, porcupine, and marmot or species defined as a predator/varmint in §  41-1-1 , except by means of aerial hunting or as prohibited by statute or rule. A resident of this state is not required to secure a predator/varmint license to hunt, take, or kill a predator/varmint on lands owned or operated by the resident.

     However, if a resident possesses a resident small game license, a resident youth small game license, a resident big game license, a license to take fur-bearing animals, or a resident turkey license, the resident need not acquire the resident predator/varmint license as provided in this section to hunt the species enumerated by this section in the manner and places permitted. A resident small game license, a resident youth small game license, a resident big game license, a license to take fur-bearing animals, or a resident turkey license is valid for hunting those animals permitted by the resident predator/varmint license from date of purchase until the end of the license year as provided by rules promulgated by the Game, Fish and Parks Commission pursuant to chapter 1-26.

     Signed February 23, 2007

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