PIERRE, S.D. – The Department of Game, Fish and Parks continues to field questions about the "Open Fields Doctrine," a major issue in the past legislative session.

Game, Fish and Parks officials say there still appears to be some confusing and erroneous information circulating about the Open Fields Doctrine and its relation to GFP policy that places limits when their employees enter private lands to conduct compliance checks of hunters and anglers.

The Open Fields Doctrine came about years ago through a series of decisions handed down by the United States Supreme Court. The Court upheld the principle that law enforcement officers, including Conservation Officers and other government agents, may enter privately owned open fields without permission, probable cause or a warrant in order to perform their duties as required by the law.

"It is important that everyone is aware of the department’s position as well as the legal facts on this issue," said GFP Assistant Wildlife Director Emmett Keyser. "We know this is an emotional issue for some of our landowners, and we want to be sure that their questions are answered."

Keyser encourages anyone who may have concerns about GFP policy or questions on the legal background of the Open Fields Doctrine to visit the GFP website, the Attorney General’s Office Website or contact their local conservation officer or regional office for more information.

"We want to be sure the public is aware of the very limited situations in which we would come onto private land to conduct compliance checks," he said. "The ability to conduct compliance checks is extremely important to our efforts to protect and manage wildlife resources, and so is our working relationship with landowners."

To help explain the Open Fields Doctrine and answer some of the common questions that have arisen on the subject, Game, Fish and Parks has put together a "Question and Answer" paper on the subject.

Keyser noted that GFP staff would be happy to share background information with anyone who contacts the department, either by phone, e-mail or personal requests. "We can mail information or send some of these background documents by e-mail as well. All folks need to do is provide us with their mailing address," he said.

According to Keyser, compliance checks of hunters and anglers are extremely important in assuring the public that those who participate in hunting and fishing are complying with legal limits, are properly licensed and are abiding by other requirements as established in state laws and regulations.

"Since the early part of the 20th century, the compliance checks conducted by conservation officers or game wardens have been an important part of the public’s efforts to ensure recovery and sustainability of fish and wildlife populations," Keyser said. "Because these natural resources belong to all of us, compliance checks serve an important role in helping make sure we have fish and wildlife for future generations to enjoy."

Keyser also emphasized the important role that landowners play in managing wildlife. "We want our landowner friends to know how much our Department and our sportsmen appreciate the important role they play in providing wildlife habitat and hosting hunters each year," he said. "We hope they will continue to see our role in conducting compliance checks as a part and parcel to a team effort in managing these important resources," said Keyser.

Persons can access information on Compliance Checks and the Open Fields Doctrine by visiting the GFP website or by contacting the department to request information as follows:

• GFP website address for information on Compliance Checks and Open Fields: www.sdgfp.info/Wildlife/hunting/Info/Compliancechecks.htm.
• E-mail to request information: Wildinfo@state.sd.us.
• Phone to request information: (605) 773-3485.
• Attorney General’s Office Website Address for information on Open Fields:

www.state.sd.us/attorney/applications/documents/oneDocument.asp?DocumentID=636.

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