Compounding is Unlawful
 
 
 
(Note: This is an area of property rights that has not received the scrutiny it deserves, as it appears to be the serious stretching of legality into the realm of what one state agency "interprets" compounding to be. Much like the "Open Fields Doctrine," this "legislating with a badge" to infer that the private landowner / rancher is a criminal if he does anything relating to trespass upon his own land, is a "taking of the law" into the hands of an agency that seems to be redefining and expanding something legal. Such expansion beyond the original legal bounds would then make the actions of the agency itself, cross the line from legal law enforcement to illegal -- and likely criminal -- activity. Making a private landowner into a lawbreaker at every opportunity appears to be the methodology here. As with the "Open Fields Doctrine," the supposition that the private landowner has only those rights that the "benevolent" Game, Fish & Parks GIVES that landowner -- and the intimation that all ranchers and private landowners) 
 
 
 
October 1, 2004
 
 
No author provided at originating website URL.
 
 
Excerpted from "General Outdoor News"
 
Fish and Game Internet
 
 
 
Pierre, South Dakota - With some hunting seasons in progress and other seasons opening, South Dakotans should be aware of the criminal act called "compounding." No, this is not a type of archery bow, but rather an illegal act that can result in either a misdemeanor or felony with associated penalties.

South Dakota law 22-11-10* defines the act of compounding: Any person who accepts, offers or agrees to accept any pecuniary benefit as consideration for:

(1) Refraining from seeking prosecution of an offender; or

(2) Refraining from reporting to law enforcement authorities the commission or suspected commission of any crime or information relating to a crime, is guilty of compounding. Compounding a felony is a Class 6 felony. Compounding a misdemeanor is a Class 1 misdemeanor.

"Compounding may occur with any violation of law; however, it just so happens that in the GFP [Game, Fish & Parks] area of business, it typically occurs during the hunting seasons," said Game, Fish and Parks Law Enforcement Program Administrator Dave McCrea. "What happens in most cases is a private landowner will catch a person trespassing and then offer the violator the opportunity to pay the landowner a ‘trespass fee’ so the landowner will not contact law enforcement. Conversely, a violator may offer to pay the landowner a ‘trespass fee’ so the landowner will not contact law enforcement. This offer or acceptance of money by either party not to contact law enforcement constitutes the criminal act of compounding."

According to McCrea, the vast majority of private landowners who apprehend a trespasser or other wildlife violator on their property act lawfully and contact their local conservation officer [CO] or sheriff’s office to report the violation.

"In order to protect the landowner from possibly incurring a charge of compounding, it is important that the landowner understand that he or she should neither offer nor accept any offer of money when dealing with a wildlife-related violation on their property." McCrea explained. "The best and safest course of action is to contact law enforcement and let them investigate the matter."

For information to contact GFP offices, visit the department’s website directly** at http://www.sdgfp.info/Wildlife/GFPOffices.htm

 
 
Copyright 2002, Fish and Game.

http://www.fishandgame.com/2004articles/100104sddnr.htm

 

*South Dakota Codified Laws and Constitution

"Statutes are current as of 7/1/2005. This includes all changes made during the 2005 Legislative Session."

http://legis.state.sd.us/statutes/index.aspx

Title 22 - Crimes

http://legis.state.sd.us/statutes/DisplayStatute.aspx?Type=Statute&Statute=2 2

Chapter 22-11 "Obstruction of the Administration of Government"

http://legis.state.sd.us/statutes/DisplayStatute.aspx?Type=Statute&Statute=2 2-11

22-11-10 Compounding a Felony or Misdemeanor

(Text of section effective until July 1, 2006) Compounding a felony or misdemeanor. Any person who accepts, or offers or agrees to accept any pecuniary benefit as consideration for:

             (1)      Refraining from seeking prosecution of an offender; or
             (2)      Refraining from reporting to law enforcement authorities the commission or suspected commission of any crime or information relating to a crime;
is guilty of compounding. Compounding a felony is a Class 6 felony. Compounding a misdemeanor is a Class 1 misdemeanor.
     (Text of section effective July 1, 2006) Compounding a felony or misdemeanor. Any person who accepts, or offers or agrees to accept, any pecuniary benefit as consideration for:
             (1)      Refraining from seeking prosecution of an offender; or
             (2)      Refraining from reporting to law enforcement authorities the commission or suspected commission of any crime or any information relating to a crime;
is guilty of compounding. Compounding a felony is a Class 6 felony. Compounding a misdemeanor is a Class 1 misdemeanor.

Source: SDC 1939, §§ 13.0304, 13.0305; SDCL, §§ 22-3-6, 22-3-7; SL 1976, ch 158, § 11-5; SL 2005, ch 120, § 203.

http://legis.state.sd.us/statutes/DisplayStatute.aspx?Type=Statute&Statute=2 2-11-10

**South Dakota Division of Wildlife Offices:

 

Aberdeen: 605-626-2391, 5850 East Highway 12, Aberdeen, SD  57401

 

Chamberlain: 605-734-4530, 1550 E King Ave, Chamberlain SD 57325-2125

 

Huron: 605-353-7145, 895 3rd St. SW, Huron, SD  57350

 

Mobridge: 605-845-7814, 909 Lake Front Drive, Mobridge SD 57601-0099

 

Rapid City: 605-394-2391, 3305 W. South St., Rapid City, SD  57702

 

Sioux Falls: 605-362-2700, 4500 S. Oxbow, Sioux Falls, SD  57106

 

Watertown: 605-882-5200, 400 West Kemp, Watertown, SD  57201

 

Webster: 605-345-3381, 603 E. 8th Ave., Webster, SD   57274

 

Information: 605-773-3485, 412 West Missouri, Pierre, SD  57501

 

Licensing: 605-773-3393, 412 West Missouri Ave., Pierre, SD  57501 

 

http://www.sdgfp.info/Wildlife/GFPOffices.htm

 

 

 

 

South Dakota Codified Laws - Statutes Text Search

 

(Important Note: This website address / URL wants to 'freeze up' the email program.)

 

http://legis.state.sd.us/statutes/StatutesTextSearch.aspx

 

Statute 2-14-2 Definition of terms used in code. Rank 1000.

 

http://legis.state.sd.us/statutes/DisplayStatute.aspx?Statute=2-14-2&Type=St atute

 

 

South Dakota GFP Private Lands Programs and Information

 

Since land in South Dakota is about 90% privately owned, the South Dakota Dept. of Game, Fish and Parks focuses a lot of attention on managing wildlife and their habitats on private land. And, since most wildlife occur on private land, a lot of attention is given to encouraging hunting access on private land. 

GFP has limited funding to manage habitat and hunting on private lands and it all comes from hunters and anglers. To stretch the funding, GFP has developed programs that take advantage of or improve programs already available to landowners. In addition, the department also maintains partnerships with a number of government and private organizations.

The best example of a program we build upon to stretch the funds is the Conservation Reserve Program administered by the USDA. Most of the practices listed below have been tailored to either improve or expand the values provide by CRP.  For instance, a landowner may enroll and plant a field in CRP and may then choose to put in a food plot, a shelterbelt and then make a little money for opening the land for public hunting. GFP has practices to help in all of these areas. Take a look at our practices, and if you are interested, call your local Wildlife Conservation Officer or the other contact listed with the practice. 

Click on the links below for a brief description of each practice, or click on the links to the left for a complete fact sheet on each practice.

Habitat Practices

Dense Nesting Cover Establishment
Food Habitat Plots Establishment
Habitat Fence Construction
Native Warm Season Grass Establishment
Woody Habitat Projects

Cost Share Programs For Wetland and Grassland Habitat

Access Practices

General Hunting Access (Walk-In Areas)
Waterfowl Hunting Access

 

Dense Nesting Cover Establishment


Dense nesting cover, or DNC, is a mixture of cool season grasses (those that green up early in the spring) and legumes, like alfalfa and yellow sweetclover. DNC is the cornerstone habitat type for many species of wildlife.  Species, like pheasant, use it for nesting, rearing their broods, roosting and loafing. DNC is really just high quality nesting cover designed to maximize nesting activity and reproductive success. A lot of the Conservation Reserve Program lands in South Dakota are established with a DNC mixture. For more information of assistance with DNC, go to the Fact Sheet

 

Food Habitat Plots Establishment


Although food is normally available to wildlife in the form of waste grain and weed seeds, there are times when a well placed food plot is an important wildlife management tool. Food is an important attractant for wildlife. Animals will often readily move to good food sources. This fact makes food plots useful for attracting and keeping wildlife in areas where we want them. For instance, we might want to attract pheasants into an area with very good quality wintering habitat to maximize survival through the winter. Food plots work well for this. For more information or assistance, go to the Fact Sheet.  

 

Habitat Fence Construction


Important habitats often require protection from livestock. In special cases GFP will help landowners protect these habitats by helping to pay for the cost of constructing a fence. For more information or assistance, go to the Fact Sheet.

 

Native Warm Season Grass Establishment


Once, a large portion of eastern South Dakota consisted of a grassland community that was very tall and did most of its growing in the middle of summer. Now most of that type of habitat has been replaced by cornfields, but some folks are interested in reestablishing native warm season grasses for several reasons. One reason is wildlife habitat.

It's hard to find better winter roosting habitat for resident wildlife than native warm season grasses. The stems are rigid and tend to stand up to a lot of weight from snow.  NWSG plantings are also important to some species for nesting, brood rearing, loafing and even as a source of food. For more information or assistance, go to the Fact Sheet

 

Woody Habitat Projects


The best example of how the department uses someone else's program to stretch funding while making the practice better for wildlife is our new woody planting practice. Landowners normally can receive cost-share funding from the USDA to plant woody species. But, because most of South Dakota is naturally a grassland community, trees have a hard time competing with grasses and weeds for sunlight, water and nutrients. In order to allow the woody plants a chance to develop a canopy closure, it is important to eliminate grass and weed competition by tilling, applying landscape fabric or even using chemicals in some cases.

USDA's tree planting programs always require that new trees be maintained weed-free for the first growing season. GFP's cost-share assistance extends that care through the end of the fourth growing season. For more information or assistance, go to the Fact Sheet.

 

General Hunting Access (Walk-In Areas)


South Dakota has a rich hunting heritage; one that includes lots of game and lots of places to hunt. For the past 15 years, GFP has been working hard to maintain that rich heritage by providing hunting access on privately owned lands. The department does this by contracting with landowners who have CRP or other valuable wildlife habitat. The landowner opens the land to unlimited, free public hunting, which is open to foot-traffic only hunting, in exchange for a small payment and immunity from non-negligent liability. It has been a great program and currently has more than 900,000 acres enrolled. For more information or assistance, go to the Fact Sheet

 

Waterfowl Hunting Access


The 1998 South Dakota legislature passed produced a law that increased the number of nonresident waterfowl hunting licenses in the Pierre area. One part of the law requires that funds from the sale of these licenses must be used to provide additional public waterfowl hunting opportunities in the Pierre area. Although it is all quite new, the department has contracted with several landowners in the Pierre area to provide a host of new waterfowl hunting opportunities to the public. This is a fairly special practice that is only available to landowners in the immediate Pierre area. But if you live in this area, and you have great quality goose hunting opportunities to offer, you might want to consider the program. For more information or assistance, go to the Fact Sheet.

 

http://www.sdgfp.info/Wildlife/privatelands/PrivatelandsIndex.htm