It is a Class 2 misdemeanor for a nonresident to hunt, take, or kill migratory waterfowl without a nonresident waterfowl license or a temporary nonresident waterfowl license, a migratory bird certification permit, and a federal migratory bird stamp, or in violation of the conditions of the licenses or the rules of the Game, Fish and Parks Commission.

A nonresident waterfowl license, except as otherwise provided in this title, entitles the licensee to hunt migratory waterfowl for two periods of five consecutive days.

Attorney's Note

Under the South Dakota Laws, punishments for crimes depend on the classification. In the case of this section:
ClassPrisonFine
Class 2 misdemeanorup to 30 daysup to $500
For details, see § 22-6-2

Terms Used In South Dakota Codified Laws 41-6-18.1

  • Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.

Four dollars received from the sale of each nonresident waterfowl license shall be placed in the land acquisition and development fund. The moneys from this fund shall be used to acquire, by purchase or lease, real property to be used primarily for game production. This license shall be in such form as the Game, Fish and Parks Commission shall prescribe.

The provision in this section limiting the validity of a nonresident waterfowl license to two periods of five consecutive days does not apply in Union, Clay, Bon Homme, Yankton, and Charles Mix counties; and in such counties, the nonresident waterfowl license is valid during the same period as is a resident waterfowl license.

If the Game, Fish and Parks Commission allocates more than four thousand nonresident waterfowl licenses in a calendar year, any increase in the number of licenses allocated may not exceed five percent of the number of licenses allocated in the previous calendar year.

Source: SDC 1939, § 25.0302 as added by SL 1969, ch. 95; SL 1973, ch 265, § 1; SL 1977, ch 326, §§ 1, 4; SL 1982, ch 288, § 4; SL 1983, ch 295; SL 1984, ch 29, § 5Q; SL 1985, ch 323; SL 1986, ch 343, § 3; SL 1987, ch 300, § 2; SL 1989, ch 30, § 71; SL 1990, ch 332, § 7; SL 1991, ch 337, § 11; SL 1998, ch 252, § 15; SL 1998, ch 255, § 1; SL 2000, ch 205, § 2; SL 2003, ch 219, § 1; SL 2014, ch 198, § 1; SL 2020, ch 182, § 1.