SD lawmakers skeptical of restricting game wardens

[Outdoors Junkie]

By Chet Brokaw
Associated Press

PIERRE (AP) -- South Dakota lawmakers are skeptical of a plan that would get rid of game wardens' authority to enter private lands to check for hunting violations without getting permission from landowners, according to a survey by The Associated Press.

Only a quarter of the lawmakers who responded to the survey said they would support getting rid of the so-called open fields doctrine.

Gov. Dennis Daugaard raised interest in the issue during the fall campaign when he said he wanted to change the state's policy on open fields.

The open fields doctrine is based on court rulings and laws that let game wardens enter private lands away from houses to check hunters without getting permission from landowners.

The Legislature in recent years has rejected bills that sought to restrict conservation officers so they could enter private property only with a landowner's permission or they have reason to believe a law has been broken, need to investigate a report of illegal activity, or must deal with an emergency. Some lawmakers are expected to file a similar bill this year.

However, Assistant State Wildlife Director Emmett Keyser said Daugaard has indicated he does not want to seek any change in state law dealing with the open fields doctrine. The governor instead has asked the Game, Fish and Parks Department to review its policies to determine if conservation officers should be given additional guidance on when they enter private land, he said.

"We're in the process of doing that now to see if there's some more definitive direction we can give to make sure we're providing ample direction to the conservation officers," Keyser said.

After the issue first arose a few years ago, the department changed policies so conservation officers can enter private land without permission only if they can see hunting or fishing is occurring on the land. The game wardens need to check hunters and anglers in the field to determine if they have licenses and are complying with bag limits and other rules, the department says.

Some landowners argue that their property rights are violated if game wardens enter their land without permission.

Seventy-five of the 105 members of the South Dakota Legislature responded to the AP mail survey between Dec. 11 and Dec. 31, a 71 percent response rate.

While only 25 percent said they would support getting rid of the open fields doctrine, 41 percent said they would oppose such a move and 33 percent were undecided.

House Republican Leader David Lust of Rapid City said the issue can best be handled by Game, Fish and Parks policies that discipline any conservation officers who abuse landowners' rights. State law should continue to allow the wardens to enter private land when they suspect laws are being broken, he said.

[The General]

[The Legislature in recent years has rejected bills that sought to restrict conservation officers so they could enter private property only with a landowner's permission or they have reason to believe a law has been broken, need to investigate a report of illegal activity, or must deal with an emergency. Some lawmakers are expected to file a similar bill this year.

Seems to me some law makers are just wasting time, something they are good at.  It doesn't matter what the law says.  All the wardens have to do is make up some excuse to enter anyway.  I don't think Wardens go about their business this way day to day, but they could if they wanted to........law or no law