reglab/statecodes huggingface dataset:
South Dakota Administrative Rules › Title 41 - Department of Game, Fish And Parks › Article 41:09 - Special permits and licenses › Chapter 41:09:01 - Private shooting preserves › Section 41:09:01:03.01 - Daily bag limit - Shooting hours

Current through Register Vol. 51, page 10, July 15, 2024
Except a person who possesses an unrestricted permit, the maximum daily bag limit for pheasants on shooting preserves is 20 cocks from the beginning of the hunting preserve season through the end of the statewide pheasant season as described in §
									41:06:08:01. From the end of the statewide pheasant season through the end of the private shooting preserve season, the maximum daily bag limit is 15 cocks. The maximum daily bag limit for wild turkeys is 2 birds. There is no daily bag limit for pheasants on a licensed private shooting preserve if a person possesses an unrestricted permit. If hunting in a party, every member of the party must possess a valid unrestricted permit in order to exercise the privilege of no daily bag limit.
The shooting hours are restricted to sunrise to sunset each day.
General Authority:
SDCL  41-2-18(2)(16),  41-10-16.
Law Implemented:
SDCL  41-2-18(2)(16),  41-10-2,  41-10-11,  41-10-16.
South Dakota Administrative Rules › Title 41 - Department of Game, Fish And Parks › Article 41:09 - Special permits and licenses › Chapter 41:09:01 - Private shooting preserves › Section 41:09:01:04 - Tagging of bagged birds

Current through Register Vol. 51, page 10, July 15, 2024
Serially numbered tags, supplied by the department, must be securely attached around the leg or neck of all harvested bird species that are listed on the preserve permittee's permit. All pen-reared and wild birds harvested on a preserve shall be tagged by the shooting preserve permittee, or the permittee's employees or agents, upon any of the following circumstances:
(1) Prior to leaving the preserve acreage;
(2) At the time the birds are cleaned or processed;
(3) Prior to the birds being placed in a cooling or freezing facility; or
(4) Prior to midnight of the day that the birds were harvested.
The head, leg, or sufficient plumage must remain attached to the bird to identify the sex and species of the bird. The kill tag must remain attached to the bird while the bird is possessed, placed in public storage, transported, or shipped by anyone. However, the head, leg, and sufficient plumage may be detached from the bird and discarded if the bird is processed at a wildlife processing facility, if the bird is immediately packaged by a transparent vacuum-sealed or shrink-wrap packaging process, and if the kill tag is encased in the same package and clearly legible. The package shall contain only those individual bird parts associated with the original kill tag. No more than two birds may be enclosed in the same package. Except as provided in this section, the provisions of chapter 41:06:03 apply to the possession, processing, and transportation of game birds harvested on a preserve.
General Authority:
SDCL  41-2-18(2)(10)(16).
Law Implemented:
SDCL  41-2-18(2)(16),  41-10-2,  41-10-16.
South Dakota Administrative Rules › Title 41 - Department of Game, Fish And Parks › Article 41:09 - Special permits and licenses › Chapter 41:09:01 - Private shooting preserves › Section 41:09:01:04.01 - Private shooting preserve processing permit - Exception

Current through Register Vol. 51, page 10, July 15, 2024
A licensed private shooting preserve permittee may obtain a transportation permit for processing purposes from the department. The permit allows the transportation of birds legally harvested on the shooting preserve to another location for processing. The kill tags must be attached to the birds. The permit must include the preserve name; the hunter's name; the hunter's driver's license number, state issued identification number, or youth hunter safety number; the species and number of birds transported; and the date of processing.
In lieu of the processing permit, an permittee or employee may transport permitted species harvested on a shooting preserve to another location for processing, if the carrier of the birds has a duplicate copy of the guest register required by SDCL  41-10-17. In addition, the permittee may use computer formats that list hunter and harvest information for the birds being transported for processing with prior department approval.
The carrier of the permit or guest register shall be an employee of the preserve and shall possess the processing permit or a copy of the guest register while in possession of the birds enroute to or from the processor.
General Authority:
SDCL  41-2-18(2)(16).
Law Implemented:
SDCL  41-2-18(2)(16).
South Dakota Administrative Rules › Title 41 - Department of Game, Fish And Parks › Article 41:09 - Special permits and licenses › Chapter 41:09:01 - Private shooting preserves › Section 41:09:01:05 - Fee for kill tags - Deadline

Current through Register Vol. 51, page 10, July 15, 2024
The fee for kill tags attached to birds by the permittee is 25 cents each. The fee for kill tags furnished to a permittee but not attached to a bird and not returned to the department at the end of the shooting preserve season is two dollars each. The permittee shall make payment in full for all kill tags to the department no later than April 15.
General Authority:
SDCL  41-2-18(13)(16).
Law Implemented:
SDCL  41-2-18(13)(16),  41-10-16.
South Dakota Administrative Rules › Title 41 - Department of Game, Fish And Parks › Article 41:09 - Special permits and licenses › Chapter 41:09:01 - Private shooting preserves › Section 41:09:01:05.01 - Game release and guest register records required - Deadlines

Current through Register Vol. 51, page 10, July 15, 2024
In addition to the records required in SDCL  41-10-17, a permittee shall maintain a separate set of game release and guest register records for each permitted shooting preserve. The permittee shall maintain and record daily all records on forms provided by the department or in computer formats that have received prior approval of the department. The preserve permittee shall deliver all records required by SDCL  41-10-17 and this section to the department no later than April 15. The guest register records must indicate whether each bird harvested is marked or wild and whether each wild turkey is male or female. Each permittee shall list the number of birds released within the preserve on the game release record sheet and indicate the sex of each wild turkey released. The permittee shall include a copy of each vendor purchase receipt with the game release records sent to the department. Any permittee incubating and hatching eggs shall have this process verified annually by a conservation officer.
General Authority:
SDCL  41-2-18(16).
Law Implemented:
SDCL  41-2-18(16),  41-10-2,  41-10-3,  41-10-7,  41-10-17.
South Dakota Administrative Rules › Title 41 - Department of Game, Fish And Parks › Article 41:09 - Special permits and licenses › Chapter 41:09:01 - Private shooting preserves › Section 41:09:01:06 - Applications - New and renewal - Single season and three-year season permits authorized - Fees

Current through Register Vol. 51, page 10, July 15, 2024
Applications for new shooting preserves and renewal applications for existing shooting preserves must be received by the department no earlier than January 1 and no later than March 1 of the year the shooting preserve operation is to begin. A person may apply for a shooting preserve permit for a single season or for three successive seasons upon submitting the operation plan required by §
									41:09:01:01  and paying in full at the time of application all permit fees required by SDCL  41-10-4. Issuance of a three-season permit to any shooting preserve located within one mile of a publicly owned shooting area shall be conditioned upon an annual finding by the department that the preserve does not take unfair advantage of wildlife habitat developments or wildlife populations existing on the publicly owned shooting area in accordance with the provisions of § 41:09:01:06.02.
Those permittees who are issued a three-season permit may apply for an adjustment in preserve acreages no earlier than January 1 and no later than March 1 during the second or third year of operation in which a three-season permit is in effect. All such applications shall be treated as a new shooting preserve as required by §
									41:09:01:09. No refund of previously remitted preserve acreage fees is allowed for preserve acreage adjustments which lower the number of acres in a three-season preserve permit. However, previously remitted fees shall be applied toward any required permit fees that must be submitted by a permittee who is issued a three-year permit and who subsequently applies for an adjustment in preserve acreage within the term of the permit and whose new application is approved.
General Authority:
SDCL  41-2-18(2)(16).
Law Implemented:
SDCL  41-2-18(2)(16),  41-10-2,  41-10-3,  41-10-17.
South Dakota Administrative Rules › Title 41 - Department of Game, Fish And Parks › Article 41:09 - Special permits and licenses › Chapter 41:09:01 - Private shooting preserves › Section 41:09:01:06.02 - Issuance of permit for shooting preserve located within one mile of publicly owned shooting area

Current through Register Vol. 51, page 10, July 15, 2024
Upon receipt of an application for issuance of a permit for a shooting preserve located within one mile of a publicly owned shooting area, the department shall consider the following criteria in determining if the applicant has established that the preserve would not take unfair advantage of wildlife habitat developments or wildlife populations existing on the publicly owned shooting area:
(1) Existing or potential wild pheasant population on the publicly owned shooting area;
(2) Potential for disease transmission from an adjoining preserve to wild pheasants on the publicly owned shooting area;
(3) Extent of habitat developments on the publicly owned shooting area specifically designed to enhance a population of wild pheasants;
(4) Information related to the management of other wildlife species or recreational opportunities on the publicly owned shooting area which may be negatively affected by an adjoining shooting preserve; and
(5) Any information which may indicate detriment to the public interest.
The department shall consider the factors listed in SDCL  41-10-7 and this section in making its decision on the application.
General Authority:
SDCL  41-2-18(2)(16).
Law Implemented:
SDCL  41-2-18(2)(16),  41-10-2,  41-10-7(9).
South Dakota Administrative Rules › Title 41 - Department of Game, Fish And Parks › Article 41:09 - Special permits and licenses › Chapter 41:09:01 - Private shooting preserves › Section 41:09:01:07 - Minimum area of preserve

Current through Register Vol. 51, page 10, July 15, 2024
The minimum area required for a shooting preserve is 160 acres.
General Authority:
SDCL  41-2-18(16).
Law Implemented:
SDCL  41-2-18(16),  41-10-2,  41-10-3,  41-10-17.
South Dakota Administrative Rules › Title 41 - Department of Game, Fish And Parks › Article 41:09 - Special permits and licenses › Chapter 41:09:01 - Private shooting preserves › Section 41:09:01:08 - Definition of "other publicly owned shooting areas."

Current through Register Vol. 51, page 10, July 15, 2024
Areas covered by the term "other publicly owned shooting areas" in SDCL  41-10-7(10)  include all lands owned or controlled by the U.S. Fish and Wildlife service; holdings of the U.S. Bureau of Land Management, U.S. Forest Service, U.S. Bureau of Reclamation, and U.S. Corps of Engineers which are designated as wildlife areas or managed primarily for wildlife; lands leased by the department for the purpose of managing wildlife; and meandered lakes.
General Authority:
SDCL  41-2-18(2)(16).
Law Implemented:
SDCL  41-2-18(2)(16),  41-10-7.
South Dakota Administrative Rules › Title 41 - Department of Game, Fish And Parks › Article 41:09 - Special permits and licenses › Chapter 41:09:01 - Private shooting preserves › Section 41:09:01:09 - New and existing shooting preserves distinguished

Current through Register Vol. 51, page 10, July 15, 2024
A new shooting preserve as used in SDCL  41-10-4.5 and this chapter, is a shooting preserve which did not have a permit for the preceding year or a previously permitted shooting preserve which requests approval in the renewal application of changes to the preserve in the form of new, additional, or different tracts, acres, or parcels of land.
An existing shooting preserve, as used in this chapter, is a shooting preserve which had a permit for the preceding year and for which no changes to tracts, acres, or parcels of land are requested in the renewal application.
General Authority:
SDCL  41-2-18(16).
Law Implemented:
SDCL  41-2-18(16),  41-10-4.5.
South Dakota Administrative Rules › Title 41 - Department of Game, Fish And Parks › Article 41:09 - Special permits and licenses › Chapter 41:09:01 - Private shooting preserves › Section 41:09:01:10 - Adjustment to preserve acreage

Current through Register Vol. 51, page 10, July 15, 2024
A permittee may apply to the department for an adjustment of preserve acreage. The department may adjust the acreage to remove from the preserve land which had substantial and detrimental changes in habitat caused by hail, flooding, drought, or fire and replace it with other land which may be but is not required to be contiguous to the preserve. An adjustment of preserve acreage is effective only for the year in which it is approved by the department and may not be considered as acreage included in an xisting shooting preserve for purposes of a renewal application.
General Authority:
SDCL  41-2-18(2)(16).
Law Implemented:
SDCL  41-2-18(16),  41-10-7.
South Dakota Administrative Rules › Title 41 - Department of Game, Fish And Parks › Article 41:09 - Special permits and licenses › Chapter 41:09:01 - Private shooting preserves › Section 41:09:01:11 - Training required

Current through Register Vol. 51, page 10, July 15, 2024
All new preserve permittees shall attend the training and informational meeting prior to the preserve season. The department shall notify new permittees of the time and place of scheduled meetings.
General Authority:
SDCL  41-2-18(2)(16).
Law Implemented:
SDCL  41-2-18(2)(16).
South Dakota Administrative Rules › Title 41 - Department of Game, Fish And Parks › Article 41:09 - Special permits and licenses › Chapter 41:09:01 - Private shooting preserves › Section 41:09:01:12 - Contiguous tract of land defined

Current through Register Vol. 51, page 10, July 15, 2024
A tract of land contained within an application for a private preserve does not constitute a contiguous tract of land as used in SDCL  41-10-3 and  41-10-7(8)  if the department determines that the tract of land is being included within the private shooting preserve to connect other parcels and tracts of land described within the application and the tract of land is less than 330 feet in width at any point and is more than 1,320 feet in length.
General Authority:
SDCL  41-2-18(2)(16).
Law Implemented:
SDCL  41-2-18(2)(16),  41-10-3,  41-10-7(8).
South Dakota Administrative Rules › Title 41 - Department of Game, Fish And Parks › Article 41:09 - Special permits and licenses › Chapter 41:09:02 - Captive game birds › Section 41:09:02:00 - Definition of terms

Current through Register Vol. 51, page 10, July 15, 2024
As used in this chapter:
(1) "Game bird" means any swan; goose; brant; puddle, diving, river, and sea duck; wild turkey; grouse; prairie chicken; pheasant; partridge, quail; and any hatching eggs of these birds;
(2) "License" means the captive game bird license issued by the department;
(3) "Licensee" means a person, corporation, or nonprofit organization that has been issued a captive game bird license.
General Authority:
SDCL  41-2-18(11).
Law Implemented:
SDCL  41-2-18(11).
South Dakota Administrative Rules › Title 41 - Department of Game, Fish And Parks › Article 41:09 - Special permits and licenses › Chapter 41:09:02 - Captive game birds › Section 41:09:02:01 - Expiration date of license

Current through Register Vol. 51, page 10, July 15, 2024
Any captive game bird license expires on January 31 of the calendar year for which the license was issued.
General Authority:
SDCL  41-2-18(11).
Law Implemented:
SDCL  41-2-18(11),  41-6-31.
South Dakota Administrative Rules › Title 41 - Department of Game, Fish And Parks › Article 41:09 - Special permits and licenses › Chapter 41:09:02 - Captive game birds › Section 41:09:02:02 - Possession of captive game birds prohibited - Exceptions - License types and fees

Current through Register Vol. 51, page 10, July 15, 2024
No person may possess captive game birds without a valid captive game bird license as provided in this chapter or a valid private shooting preserve permit as provided in SDCL chapter 41-10. However, a person may possess captive game birds without a captive game bird license if the birds were acquired from a captive game bird licensee and the birds are released from captivity within two full calendar days from the date of receipt. A valid bill of sale must accompany the birds as provided in §
									41:09:02:05. Captive game bird license types and fees are as follows:
(1) Noncommercial captive game bird license authorizes the licensee to possess, produce, and release game birds from captivity. No game birds possessed under this license may be sold or offered for sale. The fee is $10 for residents and $20 for nonresidents;
(2) Commercial captive game bird license authorizes the licensee to possess, produce, release from captivity, sell, offer for sale, and ship live game birds as provided in this chapter. The fee is $50 for residents and $100 for nonresidents.
General Authority:
SDCL  41-2-18(11)(13),  41-6-31.
Law Implemented:
SDCL  41-2-18(11)(13),  41-6-31.
South Dakota Administrative Rules › Title 41 - Department of Game, Fish And Parks › Article 41:09 - Special permits and licenses › Chapter 41:09:02 - Captive game birds › Section 41:09:02:02.01 - License application

Current through Register Vol. 51, page 10, July 15, 2024
The application for a captive game bird license shall include the following information:
(1) Name and address of licensee;
(2) Number of game birds by species and sex to be held in captivity;
(3) Legal origin of game birds, to include date of acquisition and name and address of supplier;
(4) Legal description of premises where game birds will be held in captivity; and
(5) Most recent captive game bird license number and year of issuance, if applicable.
General Authority:
SDCL  41-2-18(11)(13).
Law Implemented:
SDCL  41-2-18(11)(13),  41-6-31.
South Dakota Administrative Rules › Title 41 - Department of Game, Fish And Parks › Article 41:09 - Special permits and licenses › Chapter 41:09:02 - Captive game birds › Section 41:09:02:02.03 and 41:09:02:02.04 - Health department to be notified of diseases transmissible to man (Repealed)

Current through Register Vol. 51, page 10, July 15, 2024
South Dakota Administrative Rules › Title 41 - Department of Game, Fish And Parks › Article 41:09 - Special permits and licenses › Chapter 41:09:02 - Captive game birds › Section 41:09:02:03 - Captive waterfowl - Compliance with federal regulations

Current through Register Vol. 51, page 10, July 15, 2024
In addition to the requirements of this chapter, all migratory waterfowl propagated, possessed, sold, or offered for sale under a captive game bird license shall be marked for identification and shipped in accordance with 50 C.F.R. Part 21.
General Authority:
SDCL  41-2-18(11).
Law Implemented:
SDCL  41-2-18(11),  41-6-31.
South Dakota Administrative Rules › Title 41 - Department of Game, Fish And Parks › Article 41:09 - Special permits and licenses › Chapter 41:09:02 - Captive game birds › Section 41:09:02:04 - Identification marking required

Current through Register Vol. 51, page 10, July 15, 2024
Except for partridge and quail, any game bird propagated, possessed, sold, offered for sale, or released from captivity must have one front toe or one hind toe on either foot removed back to the first joint including the nail before becoming six weeks of age. An anti-pecking device affixed to the bird before it is six weeks old and worn by the bird until it is at least 15 weeks old is acceptable in lieu of toe clipping if the anti-pecking device leaves a permanent, easily identifiable mark through the nares. Any game bird propagated under this chapter that has not been shot and that is commercially packaged by a transparent sealed vacuum/shrink-type process may have the marked appendage removed if a label is permanently affixed to the package showing the name and address of the licensee.
General Authority:
SDCL  41-2-18(11).
Law Implemented:
SDCL  41-2-18(11),  41-6-31.
South Dakota Administrative Rules › Title 41 - Department of Game, Fish And Parks › Article 41:09 - Special permits and licenses › Chapter 41:09:02 - Captive game birds › Section 41:09:02:05 - Bill of sale required of persons other than licensees

Current through Register Vol. 51, page 10, July 15, 2024
Any game bird propagated under a captive game bird license that has not been shot may not be possessed, placed in public storage, transported, or shipped by anyone other than the licensee, unless a bill of sale accompanies the game bird. The bill of sale shall show the licensee's name, address, and license number; the number, species, and sex of the birds; the date of the transaction; and the name and address of the purchaser. If any such game bird is packaged, the bill of sale shall be attached to the outside of the package.
General Authority:
SDCL  41-2-18(11).
Law Implemented:
SDCL  41-2-18(11),  41-6-31.
South Dakota Administrative Rules › Title 41 - Department of Game, Fish And Parks › Article 41:09 - Special permits and licenses › Chapter 41:09:02 - Captive game birds › Section 41:09:02:06 - Enclosing wild and captive-raised game birds in same package prohibited

Current through Register Vol. 51, page 10, July 15, 2024
No wild game bird may be packaged or shipped within a container that includes any game bird that has not been shot and that was propagated under a captive game bird license.
General Authority:
SDCL  41-2-18(11).
Law Implemented:
SDCL  41-2-18(11),  41-6-31.
South Dakota Administrative Rules › Title 41 - Department of Game, Fish And Parks › Article 41:09 - Special permits and licenses › Chapter 41:09:02 - Captive game birds › Section 41:09:02:06.01 - Release to the wild prohibited

Current through Register Vol. 51, page 10, July 15, 2024
A person may not release into the wild within the state any game birds, except ring-necked pheasants, partridge, wild turkeys, or quail, without written consent of the department.
General Authority:
SDCL  41-2-18(11).
South Dakota Administrative Rules › Title 41 - Department of Game, Fish And Parks › Article 41:09 - Special permits and licenses › Chapter 41:09:02 - Captive game birds › Section 41:09:02:08 - Records required - Contents - Inspection - Submission of annual report

Current through Register Vol. 51, page 10, July 15, 2024
Each commercial captive game bird licensee shall keep a written record of all game birds sold under the license. The record shall include the following information:
(1) The name and address of the purchaser;
(2) The total number of game birds sold by species, sex, and age;
(3) The date of the transaction; and
(4) The destination of the game birds by county.
Each written record shall be kept current and shall be subject to inspection by any department representative during normal business hours. The licensee shall retain each written record for a period of three consecutive calendar years beginning January 1 of the year following the year that the record was completed.
In addition, each commercial captive game bird licensee shall submit an annual report to the department that summarizes the total number of game birds sold by species, sex, and age. The annual report shall be submitted on forms provided by the department or forms of the licensee that have received prior department approval. This annual report for the previous calendar year shall be submitted to the department no later than January 31 of the following year.
General Authority:
SDCL  41-2-18(11)(13).
Law Implemented:
SDCL  41-2-18(11)(13),  41-6-31.
South Dakota Administrative Rules › Title 41 - Department of Game, Fish And Parks › Article 41:09 - Special permits and licenses › Chapter 41:09:02 - Captive game birds › Section 41:09:02:08.01 - Premises to be open to inspection

Current through Register Vol. 51, page 10, July 15, 2024
A licensee shall permit an authorized department representative to inspect during normal business hours the game birds and the facilities in which these birds are held in captivity.
General Authority:
SDCL  41-2-18(11).
Law Implemented:
SDCL  41-2-18(11),  41-6-31.
South Dakota Administrative Rules › Title 41 - Department of Game, Fish And Parks › Article 41:09 - Special permits and licenses › Chapter 41:09:02 - Captive game birds › Section 41:09:02:09 - Revocation or refusal to issue license

Current through Register Vol. 51, page 10, July 15, 2024
The department may refuse to issue or may revoke a license to a licensee under the following circumstances:
(1) The licensee has violated a provision of this chapter governing the breeding and propagation of game birds;
(2) The licensee has made false or misleading statements or has practiced fraud or misrepresentation in connection with the buying, selling, releasing, exchanging, solicitation, or negotiation of the sale of game birds;
(3) The licensee failed to provide adequately for the birds under care;
(4) The licensee failed to keep required written records; or
(5) The licensee failed to submit an annual report to the department.
General Authority:
SDCL  41-2-18(11).
Law Implemented:
SDCL  41-2-18(11),  41-6-31.
South Dakota Administrative Rules › Title 41 - Department of Game, Fish And Parks › Article 41:09 - Special permits and licenses › Chapter 41:09:04 - Bait › Section 41:09:04:02 - Taking, possession, and transportation

Current through Register Vol. 51, page 10, July 15, 2024
Only lawful anglers and bait dealers may take, possess, or transport bait from the waters of the state.
General Authority:
SDCL  41-2-18(1)(21).
Law Implemented:
SDCL  41-2-18(1)(21),  41-6-44,  41-6-45.
South Dakota Administrative Rules › Title 41 - Department of Game, Fish And Parks › Article 41:09 - Special permits and licenses › Chapter 41:09:04 - Bait › Section 41:09:04:02.01 - License fees

Current through Register Vol. 51, page 10, July 15, 2024
The fees for bait dealer licenses are as follows:
(1) Resident retail bait dealer, $30;
(2) Resident wholesale bait dealer, $275;
(3) Nonresident wholesale bait dealer, $550;
(4) Export bait dealer, $400; and
(5) Nonresident retail bait dealer, $55;
Each bait dealer license expires on January 31 of the calendar year directly following the year in which the license was issued.
General Authority:
SDCL  41-6-10(2)(11)(15)(25)(28).
Law Implemented:
SDCL  41-6-10(2)(11)(15)(25)(28).
South Dakota Administrative Rules › Title 41 - Department of Game, Fish And Parks › Article 41:09 - Special permits and licenses › Chapter 41:09:04 - Bait › Section 41:09:04:02.02 - Species that may be taken as bait for commercial use

Current through Register Vol. 51, page 10, July 15, 2024
Species that may be taken and sold by any licensed resident bait dealer or sold by any licensed nonresident bait dealer are: fathead minnow, white sucker, creek chub, golden shiner, emerald shiner, spottail shiner, flathead chub, Western silvery minnow, plains minnow, tiger salamander (all subspecies), leopard frog (all subspecies), crayfish (Cambarus diogenes, Orconectes immunis, Orconectes virilis, and Orconectes causeyi), freshwater shrimp, and leeches.
General Authority:
SDCL  41-2-18(1)(2)(3)(9).
Law Implemented:
SDCL  41-2-18(1)(2)(3)(9).
South Dakota Administrative Rules › Title 41 - Department of Game, Fish And Parks › Article 41:09 - Special permits and licenses › Chapter 41:09:04 - Bait › Section 41:09:04:02.04 - Species that may be taken as bait for noncommercial use

Current through Register Vol. 51, page 10, July 15, 2024
Species that may be taken as bait by legal anglers for noncommercial use, by methods described in §
									41:09:04:04, are: flathead chub, western silvery minnow, plains minnow, fathead minnow, white sucker, creek chub, golden shiner, emerald shiner, spottail shiner, gizzard shad, all subspecies of tiger salamander, all subspecies of leopard frog, freshwater shrimp, leeches, and the following types of crayfish:
(1) Cambarus diogenes;
(2) Orconectes immunis;
(3) Orconectes virilis; and
(4) Orconectes causeyi.
Live gizzard shad may not be transported away from the water in which they were taken.
General Authority:
SDCL  41-2-18(1)(2)(3)(9).
Law Implemented:
SDCL  41-2-18(1)(2)(3)(9).
South Dakota Administrative Rules › Title 41 - Department of Game, Fish And Parks › Article 41:09 - Special permits and licenses › Chapter 41:09:04 - Bait › Section 41:09:04:02.05 - Noncommercial limits defined

Current through Register Vol. 51, page 10, July 15, 2024
The limits for species listed in §
									41:09:04:02.04 that a lawful angler may take and possess from the waters of the state for noncommercial use are:
(1) Baitfish (all species aggregate), crayfish (all species aggregate), freshwater shrimp, and leeches: 144 daily and possession for each specie aggregate; and
(2) Tiger salamander (all subspecies aggregate) and leopard frog (all subspecies aggregate): 24 daily and possession for each specie aggregate.
General Authority:
SDCL  41-2-18(1)(2)(21).
Law Implemented:
SDCL  41-2-18(1)(2)(21).
South Dakota Administrative Rules › Title 41 - Department of Game, Fish And Parks › Article 41:09 - Special permits and licenses › Chapter 41:09:04 - Bait › Section 41:09:04:02.06 - Eligibility for bait dealers, agents and employees

Current through Register Vol. 51, page 10, July 15, 2024
A bait dealer shall list each employee or agent on their application who will engage in trapping, transporting, delivering, raising, or seining bait taken from the waters of the state. No person other than one who is registered as an agent or an employee of a licensed bait dealer may exercise the privileges conveyed in the permit in accordance with §
									41:09:04:02. The department may refuse to issue or amend a bait dealer license to any bait dealer who employs an individual or has an agent exercising the aforementioned privileges that has in the previous or current calendar year:
(a) Had their bait dealer license suspended or revoked; or
(b) Has been denied a bait dealer license.
The period of ineligibility of a person to be employed by a bait dealer for a cause shall not exceed one year.
General Authority:
SDCL  41-2-18(1)(21).
Law Implemented:
SDCL  41-2-18(1)(21),  41-6-44,  41-6-45.
South Dakota Administrative Rules › Title 41 - Department of Game, Fish And Parks › Article 41:09 - Special permits and licenses › Chapter 41:09:04 - Bait › Section 41:09:04:03 - Waters closed to commercial and noncommercial taking of bait

Current through Register Vol. 51, page 10, July 15, 2024
Notwithstanding the provisions of §
									41:09:04:04, the following waters are closed to commercial and noncommercial taking of bait year-round:
(1) Creeks, streams or rivers, permanent or temporary in the following counties and areas: Aurora, Beadle, Bon Homme, Brown, Clay, Davison, Edmunds, Faulk, Hand, Hanson, Hutchinson, Jerauld, Lincoln, McCook, McPherson, Miner, Minnehaha, Moody, Sanborn, Spink, Turner, Union, and Yankton Counties; with the exception of that portion of Lewis and Clark Lake and the Missouri River above Gavins Point Dam in Yankton and Bon Homme Counties for noncommercial take;
(2) Beadle County: Lake Byron and Mud Lake;
(3) Brookings County: Interstate Lake;
(4) Butte County: Newell Lake
(5) Deuel County: Lake Alice
(6) Edmunds County: Mina Lake
(7) Pennington County: Pactola Lake, Sheridan Lake, and Deerfield Lake; and
(8) Yankton County: Lake Yankton
General Authority:
SDCL  41-2-18(1)(2)(3)(4)(5)(21).
Law Implemented:
SDCL  41-2-18(1)(2)(3)(4)(5)(21),  41-6-44,  41-6-45,  41-14-35.
South Dakota Administrative Rules › Title 41 - Department of Game, Fish And Parks › Article 41:09 - Special permits and licenses › Chapter 41:09:04 - Bait › Section 41:09:04:03.02 - Waters closed to commercial take of bait from May 1 through July 31

Current through Register Vol. 51, page 10, July 15, 2024
Notwithstanding the provisions of §
									41:09:04:04, the following waters are closed to commercial taking of bait from May 1 to July 31, inclusive:
(1) Codington County: That portion of Long Lake that lies in sections 11, 12, 13, and 14 of township 117 north, range 55 west, Goose Lake Game Production area land and water, Stover Lake in sections 8 and 9, township 118 north, range 55 west (GPA),Cotton/Yahota Slough in section 10, township 117 north, range 53 west (GPA), and Hodgins Area (Warner Lake GPA) in section 18, township 118 north, range 55 west (GPA):
(2) Deuel County: Altamont Area in section 16, township 116 north, range 49 west (GPA);
(3) Hamlin County: Johnson's Slough in sections 21 and 28, township 113 north, range 55 west (GPA and water), Eidsness Area in section 6, township 115 north, range 55 west (GPA), and Gertsen Slough in section 36, township 113 north, range 54 west (GPA);
(4) Marshall County: Four-Mile Clubhouse (GPA)
General Authority:
SDCL  41-2-18(1)(2)(3)(4)(5)(21).
Law Implemented:
SDCL  41-2-18(1)(2)(3)(4)(5)(21),  41-6-44,  41-6-45,  41-14-35.
South Dakota Administrative Rules › Title 41 - Department of Game, Fish And Parks › Article 41:09 - Special permits and licenses › Chapter 41:09:04 - Bait › Section 41:09:04:03.03 - Waters closed to commercial and noncommercial taking of freshwater mussels

Current through Register Vol. 51, page 10, July 15, 2024
All waters of the state, including waters bordering with other states, are closed to the harvest of freshwater mussels for commercial and noncommercial purposes. However, except for threatened or endangered species, dead mussel shells may be possessed. No person may buy, sell, barter, or trade any species of freshwater mussel or their shells.
South Dakota Administrative Rules › Title 41 - Department of Game, Fish And Parks › Article 41:09 - Special permits and licenses › Chapter 41:09:04 - Bait › Section 41:09:04:04 - Seines, nets, and traps limited

Current through Register Vol. 51, page 10, July 15, 2024
Licensed resident wholesale and retail bait dealers may possess and use regular or bag seines not longer than fifty feet nor deeper than six feet.
All traps must have a rigid entrance no larger than one inch wide.
Trap throats exposed above the surface of the water must be blocked by a solid shield or mesh to prevent the entrapment of waterfowl. No seine, net, or trap, used for the commercial taking of bait, may contain flexible mesh larger than three-eighths inch square.
The department may issue a permit for the use of a seine, net, or trap, larger than specified, if the device is used to stock public waters with white suckers for rearing and harvest.
There are no mesh-size or size restrictions for traps, seines, dip nets, lift nets, or cast nets used to take bait for noncommercial use.
General Authority:
SDCL  41-2-18(1)(14)(21).
Law Implemented:
SDCL  41-2-18(1)(14),  41-6-44,  41-6-45.
South Dakota Administrative Rules › Title 41 - Department of Game, Fish And Parks › Article 41:09 - Special permits and licenses › Chapter 41:09:04 - Bait › Section 41:09:04:05 - Trap spacing limited - Emptying required

Current through Register Vol. 51, page 10, July 15, 2024
Bait traps may not be set to cover more than one-half of the width of a stream. All bait traps must be lifted and emptied of fish often enough to prevent loss of bait or other fish, at least once every 48 hours between May 15 and September 14 and at least once every 96 hours between September 15 and May 14.
General Authority:
SDCL  41-2-18(1)(21).
Law Implemented:
SDCL  41-2-18(1)(21).
South Dakota Administrative Rules › Title 41 - Department of Game, Fish And Parks › Article 41:09 - Special permits and licenses › Chapter 41:09:04 - Bait › Section 41:09:04:06 - Trap marking required - Licensee liable

Current through Register Vol. 51, page 10, July 15, 2024
All bait traps shall be marked conspicuously and legibly with the licensee's name and address. Any bait trap lost or stolen shall be reported within five days of knowledge of loss to a conservation officer.
General Authority:
SDCL  41-2-18(1)(14)(21).
Law Implemented:
SDCL  41-2-18(1)(14)(21)
South Dakota Administrative Rules › Title 41 - Department of Game, Fish And Parks › Article 41:09 - Special permits and licenses › Chapter 41:09:04 - Bait › Section 41:09:04:07 - Game fish and endangered species to be returned to waters - Rough fish may be destroyed

Current through Register Vol. 51, page 10, July 15, 2024
Game fish or threatened and endangered species defined in §§
									41:10:02:05  and 41:10:02:06  taken in any bait trap, net, or seine shall be returned to the waters from which taken as soon as possible to prevent visible stress and death and shall not be transported away from the water in which it was taken for any reason. Rough fish may be destroyed provided the fish is buried or disposed of in a manner conforming with SDCL  34A-7-6.
General Authority:
SDCL  41-2-18(1)(2)(3)(21).
Law Implemented:
SDCL  41-2-18(1)(2)(3)(21).
South Dakota Administrative Rules › Title 41 - Department of Game, Fish And Parks › Article 41:09 - Special permits and licenses › Chapter 41:09:04 - Bait › Section 41:09:04:12 - Transportation of bait and other fish by bait dealer

Current through Register Vol. 51, page 10, July 15, 2024
A bait dealer may not transport other fish while transporting baitfish unless the dealer is legally licensed under a private hatchery license and the trip originates at the bait or private hatchery facility for the purpose of delivering fish to customers. Baitfish shall be completely separated from the other fish in separate compartments to allow inspection. Transportation equipment shall allow for inspection of bait and other fish at all times.
General Authority:
SDCL  41-2-18(1)(2)(21).
Law Implemented:
SDCL  41-2-18(1)(2)(21),  41-6-44,  41-6-45.
South Dakota Administrative Rules › Title 41 - Department of Game, Fish And Parks › Article 41:09 - Special permits and licenses › Chapter 41:09:04 - Bait › Section 41:09:04:14 - Bait dealer's license displayed

Current through Register Vol. 51, page 10, July 15, 2024
A copy of the bait dealer's license shall be conspicuously displayed in all places where bait is sold.
General Authority:
SDCL  41-2-18(2)(13)(21).
Law Implemented:
SDCL  41-2-18(2)(13)(21),  41-6-44,  41-6-45.
South Dakota Administrative Rules › Title 41 - Department of Game, Fish And Parks › Article 41:09 - Special permits and licenses › Chapter 41:09:04 - Bait › Section 41:09:04:14.01 - Bait dealer's license in possession while transporting bait

Current through Register Vol. 51, page 10, July 15, 2024
The applicable wholesale, retail, or export bait dealer's license, or a legible copy thereof, shall be kept in each vehicle used by a bait dealer or the dealer's agent to transport bait. Such license or copy shall be made available for inspection upon request of any law enforcement officer whose authority includes enforcement of the baitfish laws of this state.
General Authority:
SDCL  41-2-18(1)(2)(10)(21).
Law Implemented:
SDCL  41-2-18(1)(2)(10)(21),  41-6-44,  41-6-44.1,  41-6-45,  41-6-45.1,  41-6-63.
South Dakota Administrative Rules › Title 41 - Department of Game, Fish And Parks › Article 41:09 - Special permits and licenses › Chapter 41:09:04 - Bait › Section 41:09:04:15 - Equipment identification

Current through Register Vol. 51, page 10, July 15, 2024
The name or business name of the bait dealer and the word "Bait" shall be conspicuously displayed in letters and numbers not less than three inches high and one inch wide on both sides of each vehicle or tank used in transporting bait. The letters and numbers shall contrast markedly in color with the surface on which they are placed. If the lettering is on the tank and not the vehicle, the lettering must be placed so that it is as conspicuous as if it were on the side of the vehicle.
General Authority:
SDCL  41-2-18(1)(2)(10)(21).
Law Implemented:
SDCL  41-2-18(1)(2)(10)(21),  41-6-44,  41-6-44.1,  41-6-45,  41-6-45.1.
South Dakota Administrative Rules › Title 41 - Department of Game, Fish And Parks › Article 41:09 - Special permits and licenses › Chapter 41:09:04 - Bait › Section 41:09:04:16 - Records required

Current through Register Vol. 51, page 10, July 15, 2024
All records required in §§ 41:09:04:16.01 through 41:09:04:16.06, shall be recorded and maintained on forms supplied by the department or electronically in a format approved by the department.
Each record shall be kept current and shall be available for inspection by personnel of the department during normal business hours at the physical location of the business where the record is kept as indicated on the license application for a period of three years after the end of the license year. Each record for a resident bait dealer shall be kept within the state of South Dakota. Each bait dealer shall submit a summary of the dealer's yearly records to the department by January 31 the following calendar year. The department may refuse to issue a new license if these records are not submitted.
General Authority:
SDCL  41-2-18(1)(2)(21).
Law Implemented:
SDCL  41-2-18(1)(2)(21),  41-6-44,  41-6-44.1,  41-6-45,  41-6-45.1.
South Dakota Administrative Rules › Title 41 - Department of Game, Fish And Parks › Article 41:09 - Special permits and licenses › Chapter 41:09:04 - Bait › Section 41:09:04:16.01 - Records required for bait taken in South Dakota waters

Current through Register Vol. 51, page 10, July 15, 2024
Licensed resident wholesale and retail bait dealers shall maintain the following records for bait taken in South Dakota waters:
(1) Date;
(2) Name of water;
(3) Location of the water by legal description;
(4) Gallons of baitfish taken by species;
(5) Number of amphibians taken by species;
(6) Number of crustaceans taken by species; and
(7) Pounds of leeches taken.
General Authority:
SDCL  41-2-18(1)(2)(21).
Law Implemented:
SDCL  41-2-18(1)(2)(21),  41-6-44,  41-6-44.1,  41-6-45,  41-6-45.1.
South Dakota Administrative Rules › Title 41 - Department of Game, Fish And Parks › Article 41:09 - Special permits and licenses › Chapter 41:09:04 - Bait › Section 41:09:04:16.02 - Records required for bait imported into South Dakota

Current through Register Vol. 51, page 10, July 15, 2024
Licensed resident wholesale and retail bait dealers shall maintain the following records for bait imported into South Dakota:
(1) Date the bait was received;
(2) Name and address of supplier;
(3) Gallons of baitfish received by species;
(4) Importation permit number for baitfish received;
(5) Number of amphibians received by species;
(6) Number of crustaceans received by species; and
(7) Pounds of leeches received.
General Authority:
SDCL  41-2-18(1)(2)(21).
Law Implemented:
SDCL  41-2-18(1)(2)(21),  41-6-44,  41-6-44.1,  41-6-45,  41-6-45.1.
South Dakota Administrative Rules › Title 41 - Department of Game, Fish And Parks › Article 41:09 - Special permits and licenses › Chapter 41:09:04 - Bait › Section 41:09:04:16.03

Current through Register Vol. 51, page 10, July 15, 2024
General Authority:
SDCL  41-2-18(1)(2)(21).
Law Implemented:
SDCL  41-2-18(1)(2)(21),  41-6-44,  41-6-44.1,  41-6-45,  41-6-45.1.
South Dakota Administrative Rules › Title 41 - Department of Game, Fish And Parks › Article 41:09 - Special permits and licenses › Chapter 41:09:04 - Bait › Section 41:09:04:16.04 - Records required for bait sold at wholesale in South Dakota

Current through Register Vol. 51, page 10, July 15, 2024
Licensed resident wholesale bait dealers shall maintain the following records for bait sold at wholesale:
(1) Date sold;
(2) Name and address of buyer;
(3) Gallons of baitfish sold by species;
(4) Number of amphibians sold by species;
(5) Number of crustaceans sold by species; and
(6) Pounds of leeches sold.
General Authority:
SDCL  41-2-18(1)(2)(21).
Law Implemented:
SDCL  41-2-18(1)(2)(21),  41-6-44,  41-6-44.1,  41-6-45,  41-6-45.1.
South Dakota Administrative Rules › Title 41 - Department of Game, Fish And Parks › Article 41:09 - Special permits and licenses › Chapter 41:09:04 - Bait › Section 41:09:04:16.05 - Records required for bait purchased and transported out of South Dakota

Current through Register Vol. 51, page 10, July 15, 2024
Licensed export bait dealers shall maintain the following records for bait purchased and transported out of state:
(1) Date purchased;
(2) Name and address of supplier(s);
(3) Name and address of purchaser;
(4) State(s) where bait will be delivered;
(5) Gallons of baitfish purchased by species;
(6) Number of amphibians purchased by species; and
(7) Number of crustaceans purchased by species.
General Authority:
SDCL  41-2-18(1)(2)(21).
Law Implemented:
SDCL  41-2-18(1)(2)(21),  41-6-44,  41-6-44.1,  41-6-45,  41-6-45.1.
South Dakota Administrative Rules › Title 41 - Department of Game, Fish And Parks › Article 41:09 - Special permits and licenses › Chapter 41:09:04 - Bait › Section 41:09:04:16.06 - Records required for nonresidential bait dealers for bait sold or purchased in South Dakota

Current through Register Vol. 51, page 10, July 15, 2024
Licensed nonresident bait dealers shall maintain the following records for bait sold or purchased in the state:
(1) Date of purchase or sale;
(2) Name and address of buyer or seller;
(3) Gallons of baitfish bought or sold by species;
(4) Number of amphibians bought or sold by species;
(5) Number of crustaceans bought or sold by species; and
(6) Pounds of leeches bought and sold.
General Authority:
SDCL  41-2-18(1)(2)(21).
Law Implemented:
SDCL  41-2-18(1)(2)(21),  41-6-44,  41-6-44.1,  41-6-45,  41-6-45.1.
South Dakota Administrative Rules › Title 41 - Department of Game, Fish And Parks › Article 41:09 - Special permits and licenses › Chapter 41:09:04 - Bait › Section 41:09:04:17 - Conviction for violation may be cause for revocation and non-renewal of bait dealer license

Current through Register Vol. 51, page 10, July 15, 2024
A conviction for a violation of any of the provisions of this chapter or of SDCL  41-6-44 through  41-6-45.1 by a bait dealer, or a bait dealer's agent, or employee, may be cause for immediate revocation of the bait dealer's current license and serve as the basis for the department's refusal to issue a license to the bait dealer for the calendar year following the year of conviction.
General Authority:
SDCL  41-2-18(1)(2)(21),  41-6-10.
Law Implemented:
SDCL  41-2-18(1)(2)(21),  41-6-10,  41-6-44,  41-6-44.1,  41-6-45,  41-6-45.1.
South Dakota Administrative Rules › Title 41 - Department of Game, Fish And Parks › Article 41:09 - Special permits and licenses › Chapter 41:09:06 - Raptors › Section 41:09:06:04 thru 41:09:06:13 41:09:06:04 thru 41:09:06:13 - Transferred

Current through Register Vol. 51, page 10, July 15, 2024
South Dakota Administrative Rules › Title 41 - Department of Game, Fish And Parks › Article 41:09 - Special permits and licenses › Chapter 41:09:06 - Raptors › Section 41:09:06:17 - Definitions

Current through Register Vol. 51, page 10, July 15, 2024
As used in this chapter :
(1) "Falconry" means the sport of taking quarry by means of a trained raptor;
(2) "Raptor" means all birds that are members of the order Falconiformes or Strigiformes; specifically, but not limited to, falcons, hawks, eagles, owls, and vultures;
(3) "Take" means to trap or capture, or to attempt to trap or capture, a raptor; and
(4) "Possession" means actual or constructive control or custody of a wild or captive bred raptor, but not ownership of a wild raptor.
General Authority:
SDCL  41-2-18(2)(20).
Law Implemented:
SDCL  41-2-18(2)(20),  41-11-11.