41-14-3. Possession during closed season as prima facie evidence of taking during closed season--Burden of proof as to lawful taking.
The possession or control by any person of any bird, animal, or fish at any time when the killing, taking, or possession of the bird, animal, or fish is unlawful is prima facie evidence that the taking or killing occurred during the closed season, unless the person in possession of the bird, animal, or fish shows that at the time it was caught, taken, or killed, it was lawfully caught, taken, or killed either within or without the state, and that the person was lawfully in possession of the bird, animal, or fish.
Source: SDC 1939, §25.0416; SL 1969, ch 100; SL 2009, ch 206, §71.
Structure South Dakota Codified Laws
Title 41 - Game, Fish, Parks and Forestry
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 41-14-5 - Service of game in public eating house during closed season as misdemeanor.
Section 41-14-10 - Carriage of game bird by employee of common carrier as misdemeanor.
Section 41-14-14 - Tag required for big game transport--Violation as misdemeanor.
Section 41-14-15 - Licensee authorized to transport big game.
Section 41-14-16 - Tag required for big game transport--Common carrier.
Section 41-14-19 - Possession of raw skin as prima facie evidence of state ownership.
Section 41-14-23 - Records required of fur dealers--Open to inspection--Violation as misdemeanor.
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 41-14-35 - Taking baitfish without license as misdemeanor--Exception.