August 24, 1976
Mr. John Popowski, Secretary
Department of Game, Fish & Parks
Anderson Building
Pierre, South Dakota 57501
OFFICIAL OPINION NO. 76-78
Enforcement of state game laws
Dear Mr. Popowski:
You have requested my opinion regarding the proper legal position for your department relative to enforcing state game laws in view of the proposed mourning dove season to open shortly on the Rosebud Indian Reservation.
In my opinion, state conservation officers cannot lawfully arrest persons having mourning doves in their possession, if the persons in possession of the doves have the doves tagged so as to identify the birds as being taken from trust land on the Indian reservation having the dove season. If, however, the mourning doves were taken from deeded land on or off the reservation, it is my judgment that a hunter taking mourning doves on such lands would be in violation of SDCL 41-14-1, 41-11-4 and 41-11-5, and subject to arrest by conservation officers under SDCL 41-15-10.
If any person has mourning doves in his possession without a tag issued by the licensing Indian reservation, which tag shows that the doves were taken from Indian trust land on the reservation, it is my opinion the person would be in violation of the above cited statutes and would be subject to arrest.
Respectfully submitted,
WILLIAM J. JANKLOW
ATTORNEY GENERAL
WJJ:DOC:dk
