An Act to provide for a revocation of hunting, trapping, or fishing privileges.
Be it enacted by the Legislature of the State of South Dakota:
Section 1. That § 41-9-8 be AMENDED:
41-9-8. If a person violates § 41-9-1 or 41-9-2, a court may, upon a finding of guilt or upon a conviction, order the revocation of the person's hunting, fishing, or trapping privileges for one year.
Any
If
a person who
knowingly
enters or remains on private property for the purpose of hunting,
fishing, or trapping, in violation of § 41-9-1
or 41-9-2,
the
person shall be
fined five hundred dollars, and the
person shall
lose hunting, trapping, or fishing privileges for one year following
the
a
finding of guilt or a conviction.
A person's hunting, fishing, or
trapping privileges shall be revoked for two years following a second
or subsequent finding
of guilt or conviction
under § 41-9-1
or
§ 41-9-2,
within ten years.
The sentencing
court may
order the
that
any revocation
of hunting, fishing, or trapping privileges,
authorized by this sectionto,
be served
consecutively with any other revocation of the
a
person's
hunting, fishing, or trapping privileges imposed for a violation for
which the person is convicted and for which revocation of the
privileges is authorized under this title.
If the person is the holder of a
license to hunt, trap, or fish, the court shall require that
the license
holder
to
surrender and deliver the license to the court,
to be returned to the Department of Game, Fish and Parks.
Unarmed retrieval of lawfully
taken small game from either
private
landor
,
land controlled
by the Department of Game, Fish and Parks,
or other public lands, is not a crime or petty offense, if the
retrieval of the small game does not involve the use of a motor
vehicle.
It is a Class 2 misdemeanor for
any person, while engaged in the retrieval of small game from private
land,
without permission of the landowner
owner
or lessee of
the land, to intentionally drive or flush any small game located on
the land toward other hunters of the retriever's same hunting group,
located on other parcels of land or rights-of-way.
It is a Class 2 misdemeanor for
any person, who is a member of the same hunting group as the person
performing the retrieval without the permission of the landowner
owner
or lessee of
the land, to intentionally discharge a firearm at small game, except
waterfowl, that originates from the private land during the
retrieval.
This section does not limit any
civil remedies
available to any
a
landowner.
Signed March 7, 2022
Catchlines are not law. (§ 2-16-13.1) Underscores indicate new language.
Overstrikes
indicate deleted language.