reglab/statecodes huggingface dataset:
South Dakota Administrative Rules › Title 41 - Department of Game, Fish And Parks › Article 41:09 - Special permits and licenses › Chapter 41:09:06 - Raptors › Section 41:09:06:18 - Application for falconry permit - Requirements - Limitations

Current through Register Vol. 51, page 10, July 15, 2024
A person may not take, transport, possess, sell, purchase, barter, or offer to sell, purchase, or barter a raptor unless a falconry permit or a special permit to do so is obtained under this chapter. Only residents of South Dakota may apply for a falconry permit. Nonresident falconers who become residents of South Dakota have 90 days to apply for a resident falconry permit; in the interim their current state permit will remain valid. The department may not issue a permit to an applicant unless the applicant has paid the fees required under §
									41:09:06:19. Applicants for an apprentice permit must pass a written examination given by the department concerning raptors and falconry. The applicant must answer correctly at least 80 percent of the questions on the written examination. If the applicant fails to pass the examination, the applicant may not reapply for a license until at least six months after the date of the examination.
General or master permittees may be assigned as sponsor to no more than three apprentice permittees at one time. All permits are nontransferable. If the department does not have notice of incompetence or unfitness of an applicant whose permit has expired, a permit may be renewed without requiring further examination; otherwise, a reexamination may be required or the renewal may be denied. Applicants who are negligent in renewing their permit may have their raptors confiscated and may be required to reapply for, take, and pass the falconry permit examination.
General Authority:
SDCL  41-2-18(12)(13)(20).
Law Implemented:
SDCL  41-2-18(12)(13)(20),  41-11-11.
Raptor license required -- Violation as misdemeanor, SDCL  41-11-11.
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 41:09:06:19 - Permit fees

Current through Register Vol. 51, page 10, July 15, 2024
A falconry permit expires on the date designated on the face of the permit unless it is revoked, but not more than three years from the date of issuance or renewal. Licenses shall be renewed at three-year intervals. New permits issued during a three-year interval shall be issued for the remainder of that three-year period. The fee for an initial apprentice falconry permit, an initial general raptor permit, or a master falconry permit is $50 for the initial year. The fee for a renewal permit of any class is $50.
General Authority:
SDCL  41-2-18(13).
Law Implemented:
SDCL  41-2-18(13).
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 41:09:06:20 - Inspection of facilities

Current through Register Vol. 51, page 10, July 15, 2024
Before issuance of a permit allowing the possession of raptors, a department representative shall inspect the applicant's facilities for keeping the raptors. Any deficiencies noted must be corrected before a falconry permit is issued.
General Authority:
SDCL  41-2-18(2)(20).
Law Implemented:
SDCL  41-2-18(2)(20),  41-11-11.
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 41:09:06:21 - Taking or acquisition of raptors - Trapping requirements

Current through Register Vol. 51, page 10, July 15, 2024
No person may take or attempt to take any raptor without first acquiring a raptor collecting permit issued by the department. A permittee shall have the raptor collecting permit in immediate possession while taking or attempting to take any raptor. Each nonresident applicant shall provide a copy of any federal and home state falconry permit prior to being issued a raptor collecting permit. The fee for a nonresident raptor collecting permit is $200. No permittee may take, purchase, receive, or otherwise acquire or sell, barter, transfer, or otherwise dispose of any raptor unless the permittee submits a copy of the migratory bird acquisition/disposition report to the department within ten calendar days after the transaction. Wild raptors may not be sold, purchased, traded or bartered. Wild raptors may only be transferred. No more than two wild raptors may be taken in any twelve month period.
The trapping of passage raptors is permitted only between August 1 and March 31. Raptors which are marked and have subsequently escaped may be retrapped at any time throughout the year.
Only a resident general or master falconry permittee may take eyas or fledging birds from a nest or aerie. At least one eyas shall be left in the nest or aerie. Eyas may be taken only between May 1 and July 31. The permittee shall allow a department representative to observe the permittee's attempt to take eyas if so requested by the department.
The take of a wild raptor or the transfer of a raptor to or from a falconry permit must be reported to the state within ten days. The Migratory Bird Acquisition and Disposition Report shall be used to submit the reports.
General Authority:
SDCL  41-2-18(20).
Law Implemented:
SDCL  41-2-18(20),  41-11-11.
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 41:09:06:22 - Threatened and endangered species protected

Current through Register Vol. 51, page 10, July 15, 2024
A person may not capture or possess a raptor designated as a threatened or endangered species under 50 C.F.R. Part 17 or capture a raptor listed as threatened or endangered under chapter 41:10:02 without a special permit issued by the department secretary.
General Authority:
SDCL  41-2-18(2)(3)(20).
Law Implemented:
SDCL  41-2-18(2)(3)(20),  41-11-11.
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 41:09:06:23 thru 41:09:06:27 - Feather disposition (Repealed)

Current through Register Vol. 51, page 10, July 15, 2024
General Authority:
SDCL  41-2-18.
Law Implemented:
SDCL  41-2-18,  41-11-11.
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 41:09:06:28 - Hunting by falconry - Requirements - Restrictions

Current through Register Vol. 51, page 10, July 15, 2024
A person may hunt by falconry in South Dakota only if the person has been issued a falconry permit by the person's state of residence and has obtained all state hunting licenses as required by the statutes and rules applicable to the species being hunted. Nonmigratory game birds and game animals may be hunted with raptors from September 1 to March 31, inclusive. Migratory game birds may be hunted only in accordance with state and federal migratory game bird season regulations for not more than 107 days between September 1 and January 15. The daily bag limit is three and the possession limit is six of any game species in the aggregate. During the raptor hunting season, protected nongame birds and animals taken incidentally by a raptor may not be retained or possessed by a permittee. A permittee may not hunt by falconry and be in possession of a firearm or be accompanied by a person carrying a firearm, unless the permittee or the person accompanying the permittee is allowed to carry a concealed pistol pursuant to state law.
General Authority:
SDCL  41-2-18(2)(20).
Law Implemented:
SDCL  41-2-18(2)(20),  41-11-11.
Game and fish licenses and permits, SDCL 41-6; Hunting seasons and methods, art 41:06.
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 41:09:06:29 - Captive-bred raptors - Requirements - Restrictions

Current through Register Vol. 51, page 10, July 15, 2024
A person may engage in raptor breeding by obtaining written permission to do so from the department and the United States Fish and Wildlife Service. Wild raptors may not be transferred from a falconry permit to a captive breeding permit until two years after the date the wild raptor was captured. The permittee must allow a department representative to enter the permittees premises at any reasonable hour to inspect propagation facilities and any raptors and to audit or copy any permits, books, or records required to be kept by this chapter or United States Fish and Wildlife Service regulation 50 C.F.R. Parts 13 and 21.
General Authority:
SDCL  41-2-18(12)(13)(20).
Law Implemented:
SDCL  41-2-18(12)(13)(20),  41-11-11.
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 41:09:06:30 - Annual reports

Current through Register Vol. 51, page 10, July 15, 2024
A report of all raptors in possession shall be submitted by each falconry permittee to the department at the time of permit application or renewal. All falconry permittees who hunt by means of raptors shall also submit a complete report to the department by April 15 each year of hunting activities for the past hunting season on the form provided by the department for that purpose. Persons who fail to submit the reports by April 15 may be required to reapply for, take, and pass the raptor permit examination, and all raptors in possession are subject to confiscation.
General Authority:
SDCL  41-2-18(2)(12)(13)(20).
Law Implemented:
SDCL  41-2-18(2)(12)(13)(20),  41-11-11.
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 41:09:06:31 - Suspension and revocation of permits

Current through Register Vol. 51, page 10, July 15, 2024
A permit may be summarily suspended by the secretary of the department during the pendency of any proceedings involving the permittee's misuse of privileges extended by the permit or violation of this chapter. Before confiscation of birds or reclassification of permit, the permittee has the right of a hearing before a three-person board appointed by the secretary of the department.
Any one of the following is cause to confiscate raptors or restrict numbers or species of raptors in possession and to revoke, suspend, or reclassify a permittee or application:
(1) The permittee fails to correct any deficiency noted during inspection provided for in §
									41:09:06:20  within seven days following receipt of notice of the deficiency from the department;
(2) Raptors show evidence of mishandling, mistreatment, injury, or death due to negligence; or
(3) The permittee fails to conform to the provisions of this chapter or violates any provision of this chapter or any provision of 50 C.F.R. Part 13 and Part and Part.
General Authority:
SDCL  41-2-18(2)(13)(20).
Law Implemented:
SDCL  41-2-18(2)(13)(20),  41-11-11.
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 41:09:06:32 - Standards for falconry

Current through Register Vol. 51, page 10, July 15, 2024
The standards for the practice of falconry in South Dakota are those in 50 C.F.R. § 21.29.
General Authority:
SDCL  41-2-18(1)(2)(3)(20).
Law Implemented:
SDCL  41-2-18(1)(2)(3)(20),  41-11-11.
South Dakota Administrative Rules › Title 41 - Department of Game, Fish And Parks › Article 41:09 - Special permits and licenses › Chapter 41:09:07 - Private fish hatcheries › Section 41:09:07:02 - Hatchery license types and fees

Current through Register Vol. 51, page 10, July 15, 2024
The license types and fees for a private fish hatchery license are as follows:
(1) An aquaculture license authorizes the licensee to sell, possess, transport, propagate, rear, or produce live fish or any fish reproductive product for commercial purposes in any facility, man-made water, or natural water, approved by the department. The licensee and any licensee's employee may possess and use special netting equipment only in a facility and water approved under this license. The licensee may provide fishing for a fee or pecuniary consideration or advantage at each facility and water approved under this license only. The fee for a new aquaculture license is $275 plus a one-time inspection fee of $300 for each facility, man-made water, or natural water requiring department approval. The annual fee to renew an existing aquaculture license is $275. A one-time inspection fee of $300 shall be charged for each new facility, man-made water, or natural water requiring department approval for addition to an existing license. Any newly created waters may be exempted from the one-time inspection fee at the discretion of the department.
(2) A fee fishing license authorizes the licensee to stock, manage, and hold fish in any facility, man-made water, or natural water approved by the department for the purpose of providing fishing for a fee or pecuniary consideration or advantage. The licensee and any licensee's employee may possess and use special netting equipment only in a facility and water approved under this license. The fee for a new fee fishing license is $150 plus a one-time inspection fee of $300 for each facility, man-made water, or natural water requiring department approval. The annual fee to renew an existing fee fishing license is $150. A one-time inspection fee of $300 shall be charged for each new facility, man-made water, or natural water requiring department approval for addition to an existing license.
A private fish hatchery license expires January 31 of the calendar year directly following the year in which the license was issued.
General Authority:
SDCL  41-2-18(1)(22).
Law Implemented:
SDCL  41-2-18(1)(22),  41-6-40.
South Dakota Administrative Rules › Title 41 - Department of Game, Fish And Parks › Article 41:09 - Special permits and licenses › Chapter 41:09:07 - Private fish hatcheries › Section 41:09:07:03.02 - License approval criteria

Current through Register Vol. 51, page 10, July 15, 2024
The department shall require compliance with the following criteria before issuing a new private fish hatchery license or adding any new facility or water to an existing license:
(1) That any fish escaping from the proposed facility or water will not be detrimental to existing fish populations or waters;
(2) That no fish, exclusive of those propagated or held by the hatchery, may access the proposed facility or water;
(3) That no game fish, except bullheads or green sunfish, exists within the proposed facility or water unless the applicant provides proof of purchase verifying the game fish were obtained from a legal source;
(4) That the proposed facility or water does not interfere or limit access and use of public waters;
(5) That the applicant possesses a discharge permit issued by the Department of Environment and Natural Resources if applicable;
(6) That the applicant possesses a water right issued by the Department of Environment and Natural Resources if the operation of a hatchery requires a water right;
(7) That access to the proposed facility or water is entirely under the applicant's control by ownership, lease, easement, or permission. If the proposed facility or water is not entirely owned by the applicant, then the applicant shall provide with the application a true and correct copy of the written lease or easement, or written permission, which establishes applicant's right to access the proposed facility and water; and
(8) That the proposed facility or water do not contain any aquatic nuisance species determined by the department to be a threat to the waters of this state.
This section does not apply to any private fish hatchery licensee who submits a license renewal application for the next successive year if the hatchery facility and the waters contained therein as described on the application for private fish hatchery license remain unchanged from the application approved in the preceding year.
General Authority:
SDCL  41-2-18(1)(22).
Law Implemented:
SDCL  41-2-18(1)(22),  41-6-39,  41-6-40,  41-6-43.
South Dakota Administrative Rules › Title 41 - Department of Game, Fish And Parks › Article 41:09 - Special permits and licenses › Chapter 41:09:07 - Private fish hatcheries › Section 41:09:07:04 - Bill of sale or other written authorization required - Exceptions

Current through Register Vol. 51, page 10, July 15, 2024
A private fish hatchery licensee shall provide to each customer a bill of sale or other form of written authorization that contains the name and address of the customer; the private fish hatchery license number as assigned by the department; the number, size, and species of fish obtained by the customer; and the date of the transaction. The bill of sale or other form of written authorization allows the customer to possess and transport the fish when the authorization is in the customer's possession. However, no written authorization is required if the customer is a lawful angler and the number of fish taken does not exceed the established daily or possession limit for that species as provided in §
									41:07:03:01.
General Authority:
SDCL  41-2-18(1)(22).
Law Implemented:
SDCL  41-2-18(1)(22),  41-6-39,  41-6-40,  41-6-43.
South Dakota Administrative Rules › Title 41 - Department of Game, Fish And Parks › Article 41:09 - Special permits and licenses › Chapter 41:09:07 - Private fish hatcheries › Section 41:09:07:05 - Records required

Current through Register Vol. 51, page 10, July 15, 2024
The licensee shall keep a permanent record of all transactions. If the transaction involves the purchase or receipt of fish or any fish reproductive product, the record shall contain the number, size, and species of fish; the date of the transaction; the importation permit number, if applicable; and the name and address of the source. If the transaction involves the sale or gift of fish or any fish reproductive product, the record shall contain the number, size, and species of fish; and the date of the transaction. Each record shall be made available for inspection by a department representative during normal business hours at the physical location for the business where the record is kept as indicated on the license application. Each record, or a legible copy thereof, shall be submitted to the department by January 31 of the following calendar year, inclusive.
General Authority:
SDCL  41-2-18(1)(22).
Law Implemented:
SDCL  41-2-18(1)(22),  41-6-39,  41-6-40,  41-6-43.
South Dakota Administrative Rules › Title 41 - Department of Game, Fish And Parks › Article 41:09 - Special permits and licenses › Chapter 41:09:07 - Private fish hatcheries › Section 41:09:07:06.01 - Inspection by department representative

Current through Register Vol. 51, page 10, July 15, 2024
A copy of the applicable private fish hatchery license shall be immediately available for inspection upon request by a department representative at the hatchery facility or the licensee's residence.
Each licensed hatchery facility and water shall be subject to inspection by a department representative during normal business hours.
General Authority:
SDCL  41-2-18(1)(22).
Law Implemented:
SDCL  41-2-18(1)(22),  41-6-39,  41-6-40,  41-6-43.
South Dakota Administrative Rules › Title 41 - Department of Game, Fish And Parks › Article 41:09 - Special permits and licenses › Chapter 41:09:07 - Private fish hatcheries › Section 41:09:07:06.02 - Hatchery license in possession while transporting live fish or fish reproductive products

Current through Register Vol. 51, page 10, July 15, 2024
The applicable private fish hatchery license, or a legible copy thereof, shall be kept in each vehicle used by a private fish hatchery licensee or designee to transport live fish or any fish reproductive product. The license or copy shall be made available for inspection upon request of any law enforcement officer as defined in SDCL  23-3-27.
General Authority:
SDCL  41-2-18(1)(22).
Law Implemented:
SDCL  41-2-18(1)(22),  41-6-39,  41-6-40,  41-6-43.
South Dakota Administrative Rules › Title 41 - Department of Game, Fish And Parks › Article 41:09 - Special permits and licenses › Chapter 41:09:07 - Private fish hatcheries › Section 41:09:07:06.03

Current through Register Vol. 51, page 10, July 15, 2024
General Authority:
SDCL  41-2-18(1)(22).
Law Implemented:
SDCL  41-2-18(1)(22),  41-6-39,  41-6-40,  41-6-43.
South Dakota Administrative Rules › Title 41 - Department of Game, Fish And Parks › Article 41:09 - Special permits and licenses › Chapter 41:09:07 - Private fish hatcheries › Section 41:09:07:06.04

Current through Register Vol. 51, page 10, July 15, 2024
General Authority:
SDCL  41-2-18(1)(22).
Law Implemented:
SDCL  41-2-18(1)(22),  41-6-39,  41-6-40,  41-6-43.
"Suggested Procedures for the Detection and Identification of Certain Finfish and Shellfish Pathogens," American Fisheries Society, Fish Health Section, and "World Animal Health Organization (OIE) Aquatic Code," World Animal Health Organization 12.
South Dakota Administrative Rules › Title 41 - Department of Game, Fish And Parks › Article 41:09 - Special permits and licenses › Chapter 41:09:07 - Private fish hatcheries › Section 41:09:07:07 - Conviction for violation is cause for revocation and non-renewal of hatchery 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  41-6-39 to  41-6-43, inclusive, by a hatchery licensee or a hatchery licensee's agent or employee, may be cause for the immediate revocation of the hatchery licensee's current license and serve as the basis for the department's refusal to issue a license to the hatchery licensee for the calendar year following the year of conviction.
General Authority:
SDCL  41-2-18(1)(22).
Law Implemented:
SDCL  41-2-18(1)(22),  41-6-39,  41-6-40,  41-6-43.
South Dakota Administrative Rules › Title 41 - Department of Game, Fish And Parks › Article 41:09 - Special permits and licenses › Chapter 41:09:08 - Importation of fish › Section 41:09:08:01.01 - Fish importation prohibited - Exceptions

Current through Register Vol. 51, page 10, July 15, 2024
A person may not import live fish or any fish reproductive product into the state except for the following:
(1) A person possessing a valid fish importation permit issued by the department;
(2) An angler fishing on any boundary water as defined in §
									41:07:01:01; or
(3) A person importing fish designated for aquaria use.
General Authority:
SDCL  41-2-18(1).
Law Implemented:
SDCL  41-2-18(1),  41-13-3.1.
South Dakota Administrative Rules › Title 41 - Department of Game, Fish And Parks › Article 41:09 - Special permits and licenses › Chapter 41:09:08 - Importation of fish › Section 41:09:08:03.01 - Application requirements for fish importation permit - Validity requirements - Types - Fees

Current through Register Vol. 51, page 10, July 15, 2024
A person shall make application for a fish importation permit on forms provided by the department. The application must be received at least ten working days prior to the date of importation. A person may import only those species from the specific source facility listed on the permit. A separate application is required to add any additional species to an existing permit or to import from any additional source facility. Fish importation permit types and fees are as follows:
(1) An annual commercial importation permit authorizes any licensed aquaculture hatchery, fee fishing hatchery, wholesale bait dealer or retail bait dealer to import live fish and fish reproductive products into the state. The fee is $40 per source facility. The permit expires 12 months from the date of the export facilities most recent fish health inspection report. An annual fish importation report shall be submitted on forms provided by the department prior to the issuance of an annual commercial importation permit in the following year; and
(2) A noncommercial importation permit authorizes any other applicant to import live fish and fish reproductive products into the state for 12 months from the date of the export facilities most recent fish health inspection report. There is no fee for this permit.
General Authority:
SDCL  41-2-18(1).
Law Implemented:
SDCL  41-2-18(1),  41-13-3.1.
South Dakota Administrative Rules › Title 41 - Department of Game, Fish And Parks › Article 41:09 - Special permits and licenses › Chapter 41:09:08 - Importation of fish › Section 41:09:08:03.03 - Pathogens of regulatory concern

Current through Register Vol. 51, page 10, July 15, 2024
Fish pathogens of regulatory concern are as follows:
For all fish species:
(a). Viral hemmorrhagic septicemia virus V.H.S; and
(b).
Yersinia ruckeri
- enteric redmouth disease. In addition, screening for the following pathogens is required for the following fish families:
(1) Salmonidae:
(a) Oncorhynchus masou virus -O.M.V.;
(b) Salmonid rickettsial septicemia virus S.R.S.;
(c) Infectious salmon anemia virus I.S.A.;
(d) Infectious pancreatic necrosis virus I.P.N.;
(e) Infectious hematopoietic necrosis virus I.H.N.;
(f) Epizootic epitheliotropic disease virus E.E.D.;
(g) Spring viremia of carp virus S.V.C.;
(h)
Renibacterium salmoninarum
- bacterial kidney disease;
(i)
Aeromonas salmonicida
furunculosis;
(j)
Piscirickettsia salmonis
piscirickettsiosis;
(k)
Ceratomyxa shasta
ceratomyxosis;
(l)
Tetracapsuloides bryosalmonae
- proliferative kidney disease; and
(m)
Myxosoma cerebralis
- whirling disease;
South Dakota Administrative Rules › Title 41 - Department of Game, Fish And Parks › Article 41:09 - Special permits and licenses › Chapter 41:09:08 - Importation of fish › Section 41:09:08:03.04 - Importation requirements for fish or fish reproductive products

Current through Register Vol. 51, page 10, July 15, 2024
Before the department may issue an importation permit for fish or any fish reproductive product, a current fish health certification or a fish health inspection report must be submitted to the department.
A fish health inspection may only be conducted by:
(1) A person who is currently certified by the American Fisheries Society as a fish pathologist or a fish health inspector;
(2) A person who is currently authorized by the department to conduct official fish health inspections and who has completed a fish health inspection training program approved by the department; or
(3) A licensed veterinarian who has completed a fish health inspection training program approved by the department. Any fish health sample collected during a fish health inspection must be screened for regulated pathogens at a laboratory approved by the department.
Each fish health inspection and laboratory screening must be conducted according to procedures in "Suggested Procedures for the Detection and Identification of Certain Finfish and Shellfish Pathogens," or according to procedures of the "World Animal Health Organization (OIE) Aquatic Code," 19th Edition, 2016.
The application for an importation permit will be denied if a pathogen of regulatory concern is detected in fish or fish reproductive products that are requested to be imported.
The department's Aquatic Section Chief may allow the fish or fish reproductive products to be imported if the official determines the requested importation will not cause the introduction or spread of any pathogens of regulatory concern to areas in which they currently do not occur.
The fish or fish reproductive products to be imported, if obtained from man-made or natural waters and brought into a facility prior to shipping, must have been quarantined from other fish or fish reproductive products and inspected independently.
The fish or fish reproductive products to be imported, if obtained from man-made or natural waters, must have been inspected within the past twelve months. Other fish populations from this water must have been inspected within the same time period as determined by the department's fish health official.
The fish or fish reproductive products to be imported, if cultured at a facility, must have been inspected within the past twelve months.
General Authority:
SDCL  41-2-18(1).
Law Implemented:
SDCL  41-2-18(1),  41-13-3.1.
"Suggested Procedures for the Detection and Identification of Certain Finfish and Shellfish Pathogens," 2014 Edition. American Fisheries Society, Fish Health Section, and "World Animal Health Organization (OIE) Aquatic Code," 19th Edition, 2016 World Animal Health Organization.
South Dakota Administrative Rules › Title 41 - Department of Game, Fish And Parks › Article 41:09 - Special permits and licenses › Chapter 41:09:08 - Importation of fish › Section 41:09:08:04 - Packaging and shipping procedure

Current through Register Vol. 51, page 10, July 15, 2024
Any live fish or fish reproductive product that requires an importation permit shall be packaged and shipped in the original containers from a facility that has been inspected as provided in this chapter. The original copy of the importation permit must accompany each shipment and shall include a statement of prophylactic treatments used prior to departure from the original facility. The importation permit must be readily accessible to South Dakota authorities. Shipments arranged by a broker may be imported if they are delivered directly from the certified facility, in original containers, to the receiver in South Dakota.
General Authority:
SDCL  41-2-18(1).
Law Implemented:
SDCL  41-2-18(1),  41-13-3.1.
South Dakota Administrative Rules › Title 41 - Department of Game, Fish And Parks › Article 41:09 - Special permits and licenses › Chapter 41:09:08 - Importation of fish › Section 41:09:08:05 - Inspection of shipments

Current through Register Vol. 51, page 10, July 15, 2024
Any live fish or fish reproductive product imported under this chapter is subject to inspection either at the place of entry into the state or at other locations suitable to the department. The inspection may include the removal of reasonable samples of fish or any fish reproductive product for biological examination.
General Authority:
SDCL  41-2-18(1).
Law Implemented:
SDCL  41-2-18(1),  41-13-3.1.
South Dakota Administrative Rules › Title 41 - Department of Game, Fish And Parks › Article 41:09 - Special permits and licenses › Chapter 41:09:08 - Importation of fish › Section 41:09:08:06 - Shipments in violation of rules - Disposal

Current through Register Vol. 51, page 10, July 15, 2024
Any shipment failing to display an importation permit, found to be diseased upon inspection, containing any species not authorized by the import permit, or otherwise in violation of this chapter shall be refused entry, immediately destroyed, or transported out of the state at the direction of the fish health specialist as designated by the secretary.
General Authority:
SDCL  41-2-18(1).
Law Implemented:
SDCL  41-2-18(1),  41-13-3.1.
South Dakota Administrative Rules › Title 41 - Department of Game, Fish And Parks › Article 41:09 - Special permits and licenses › Chapter 41:09:08 - Importation of fish › Section 41:09:08:07 - In-transit shipments exempt - Exceptions

Current through Register Vol. 51, page 10, July 15, 2024
Any in-transit shipment through South Dakota substantiated by an invoice or shipping document is not subject to the provisions of this chapter. However, such a shipment shall be considered an importation if any repackaging or exchange of containers or water in containers is attempted within the borders of the state.
General Authority:
SDCL  41-2-18(1).
Law Implemented:
SDCL  41-2-18(1),  41-13-3.1.
South Dakota Administrative Rules › Title 41 - Department of Game, Fish And Parks › Article 41:09 - Special permits and licenses › Chapter 41:09:10 - Fur dealers › Section 41:09:10:02 - Resident fur dealers' records - Reporting

Current through Register Vol. 51, page 10, July 15, 2024
Resident fur dealers shall maintain records of the number and kind of each skin purchased, the full name and address of each resident trapper or hunter, the vendor, and the average annual buying season price paid for each kind of skin on forms supplied by the department. The records shall be submitted to the department in Pierre by June 1 each year.
General Authority:
SDCL  41-2-18(2).
Law Implemented:
SDCL  41-2-18(2),  41-6-25,  41-14-23.
Duplicate invoices required for purchases by nonresident fur dealers, SDCL  41-14-24.
South Dakota Administrative Rules › Title 41 - Department of Game, Fish And Parks › Article 41:09 - Special permits and licenses › Chapter 41:09:10 - Fur dealers › Section 41:09:10:03 - Grounds for refusal to issue fur 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 may be cause for immediate revocation of the fur dealer license and serve as the basis for the department's refusal to issue a license to the fur dealer for the calendar year following the year of conviction.
General Authority:
SDCL  41-2-18(1)(2).
Law Implemented:
SDCL  41-2-18(1)(2),  41-6-25,  41-14-23.
South Dakota Administrative Rules › Title 41 - Department of Game, Fish And Parks › Article 41:09 - Special permits and licenses › Chapter 41:09:10 - Fur dealers › Section 41:09:10:04 - License fees

Current through Register Vol. 51, page 10, July 15, 2024
The fee for a resident fur dealer license is $100. The fee for a nonresident fur dealer license is $500.
General Authority:
SDCL  41-6-10(3).
Law Implemented:
SDCL  41-6-10(3).
Fur dealer's license required, SDCL  41-6-25.
South Dakota Administrative Rules › Title 41 - Department of Game, Fish And Parks › Article 41:09 - Special permits and licenses › Chapter 41:09:10 - Fur dealers › Section 41:09:10:05 - Eligibility for fur dealers, agents and employees

Current through Register Vol. 51, page 10, July 15, 2024
A fur dealer shall list each employee or agent on their application who will engage in purchasing or contracting to purchase fur-barring animals. No person other than one who is registered as an agent or an employee of a licensed fur dealer may exercise the privileges conveyed in the license in accordance with SDCL §41-6-25. The department may refuse to issue or amend a fur dealers license to any fur 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 fur dealer license suspended or revoked; or
b) Has been denied a fur dealers license.
The period of ineligibility of a person to be employed by a fur dealer for a cause shall not exceed one calendar year.
General Authority:
SDCL  41-2-18(1)(15).
Law Implemented:
SDCL  41-2-18(1)(15),  41-6-25,  41-14-18, 4-14-21,  41-14-22.
South Dakota Administrative Rules › Title 41 - Department of Game, Fish And Parks › Article 41:09 - Special permits and licenses › Chapter 41:09:11 - Taxidermists › Section 41:09:11:01 - License fee and validity

Current through Register Vol. 51, page 10, July 15, 2024
The fee for a taxidermist license is $15. The license is valid from date of issue to December 31 of that calendar year, inclusive.
General Authority:
SDCL  41-2-18(24),  41-6-10(33),  41-6-33.
Law Implemented:
SDCL  41-2-18(24),  41-6-10(33),  41-6-33.
Taxidermist's license required, SDCL  41-6-33.
South Dakota Administrative Rules › Title 41 - Department of Game, Fish And Parks › Article 41:09 - Special permits and licenses › Chapter 41:09:11 - Taxidermists › Section 41:09:11:02 - Definitions

Current through Register Vol. 51, page 10, July 15, 2024
As used in this chapter:
(1) "Taxidermist" means a person who engages in the art, business, or operation of preserving or mounting in a lifelike state any bird, animal, or fish, or any part thereof, that does not belong to the person. The term does not include a person engaged in the business of mass producing artificial parts of wild animals;
(2) "Customer" means a person who submits a bird, animal, or fish, or any part thereof, to a taxidermist and that the taxidermist accepts for the purpose of preserving or mounting in a lifelike state. The customer may or may not be the person who caught or killed the specimen;
(3) "Specimen" means any bird, animal, or fish, or part thereof, that has been submitted by a customer to a taxidermist for the purpose of preserving or mounting in a lifelike state.
General Authority:
SDCL  41-2-18(24),  41-6-33.
Law Implemented:
SDCL  41-2-18(24),  41-6-33.
South Dakota Administrative Rules › Title 41 - Department of Game, Fish And Parks › Article 41:09 - Special permits and licenses › Chapter 41:09:11 - Taxidermists › Section 41:09:11:03 - Records to be retained by taxidermist

Current through Register Vol. 51, page 10, July 15, 2024
Each taxidermist shall keep current any written record required by SDCL  41-6-33. The taxidermist shall keep a separate record for each specimen. However, if a customer submits more than one specimen, a single record may be used for all of the customer's specimens. The taxidermist shall retain each written record for a period of five consecutive calendar years beginning January 1 of the year following the year that the record was completed.
General Authority:
SDCL  41-2-18(1)(2)(24),  41-6-33.
Law Implemented:
SDCL  41-2-18(1)(2)(24),  41-6-33.
South Dakota Administrative Rules › Title 41 - Department of Game, Fish And Parks › Article 41:09 - Special permits and licenses › Chapter 41:09:11 - Taxidermists › Section 41:09:11:04 - Immediate tagging of specimen - Temporary removal of tag

Current through Register Vol. 51, page 10, July 15, 2024
Immediately upon receipt of a specimen, a taxidermist shall attach a tag to the specimen that contains the name of the customer and the date of receipt. A taxidermist may complete and attach only one tag if the specimen is submitted in two or more parts. The tag may be removed during the taxidermy process if the tag remains with the specimen at all times while the specimen is in the taxidermist's possession.
General Authority:
SDCL  41-2-18(1)(2)(24),  41-6-33.
Law Implemented:
SDCL  41-2-18(1)(2)(24),  41-6-33.
South Dakota Administrative Rules › Title 41 - Department of Game, Fish And Parks › Article 41:09 - Special permits and licenses › Chapter 41:09:11 - Taxidermists › Section 41:09:11:05 - Transfer of specimens to another taxidermist

Current through Register Vol. 51, page 10, July 15, 2024
A licensed taxidermist who transfers any part of an existing inventory of specimens to another taxidermist shall assure at the time of transfer that each specimen is tagged as provided in §
									41:09:11:04. If the transfer of a specimen is permanent, the taxidermist shall also provide a copy of the specimen's corresponding written record to the acquiring taxidermist and shall document the name of the acquiring taxidermist and the date of transfer on the original record. The acquiring taxidermist shall retain the copy of the written record as provided in §
									41:09:11:03.
General Authority:
SDCL  41-2-18(1)(2)(24),  41-6-33.
Law Implemented:
SDCL  41-2-18(1)(2)(24),  41-6-33.
South Dakota Administrative Rules › Title 41 - Department of Game, Fish And Parks › Article 41:09 - Special permits and licenses › Chapter 41:09:11 - Taxidermists › Section 41:09:11:06 - Violation is cause for revocation of license - Immediate return of specimens - Exception

Current through Register Vol. 51, page 10, July 15, 2024
Failure to maintain a written record, to knowingly falsify information on a written record or tag, failure to tag a specimen, or failure to comply with the provisions of SDCL  41-6-33, is cause for revocation of the violator's taxidermist license by the commission and for the refusal to issue a license for a period of one year following the violation.
If the commission revokes a taxidermist's license, or a taxidermist goes out of business or otherwise liquidates an inventory of specimens, the taxidermist shall immediately return to the customer any specimen submitted to the taxidermist by the customer. However, the taxidermist may transfer a specimen to another licensed taxidermist as provided in §
									41:09:11:05  if the transfer is approved by the customer.
General Authority:
SDCL  41-2-18(1)(2)(24),  41-6-33.
Law Implemented:
SDCL  41-2-18(1)(2)(24),  41-6-33.
South Dakota Administrative Rules › Title 41 - Department of Game, Fish And Parks › Article 41:09 - Special permits and licenses › Chapter 41:09:11 - Taxidermists › Section 41:09:11:07 - Cervid carcass disposal

Current through Register Vol. 51, page 10, July 15, 2024
A taxidermist shall dispose of all remaining cervid carcass parts through a waste management provider or a permitted landfill.
General Authority:
SDCL  41-2-18(1)(2)(24),  41-6-33.
Law Implemented:
SDCL  41-2-18(1)(2),  41-6-33.
South Dakota Administrative Rules › Title 41 - Department of Game, Fish And Parks › Article 41:09 - Special permits and licenses › Chapter 41:09:12 - Persons with disabilities › Section 41:09:12:01 - Special crossbow permit

Current through Register Vol. 51, page 10, July 15, 2024
The secretary may issue a special crossbow permit to a person who is incapable of using a bow and arrow due to the loss of or use of one or both arms caused by birth defect, injury, or disease or who uses a wheelchair for mobility.
General Authority:
SDCL  41-2-18(14),  41-8-31(2).
Law Implemented:
SDCL  41-2-18(14),  41-8-31(2).
South Dakota Administrative Rules › Title 41 - Department of Game, Fish And Parks › Article 41:09 - Special permits and licenses › Chapter 41:09:12 - Persons with disabilities › Section 41:09:12:02 - Crossbow and bolt specifications

Current through Register Vol. 51, page 10, July 15, 2024
Crossbows used under §
									41:09:12:01  shall have a minimum of 125-pound pull and be equipped with a functional mechanical safety device. The bolts shall be equipped with broadheads as provided in §
									41:06:05:01.
General Authority:
SDCL  41-2-18(14),  41-8-31(2).
Law Implemented:
SDCL  41-2-18(14),  41-8-31(2).
South Dakota Administrative Rules › Title 41 - Department of Game, Fish And Parks › Article 41:09 - Special permits and licenses › Chapter 41:09:12 - Persons with disabilities › Section 41:09:12:03.01 - Definitions

Current through Register Vol. 51, page 10, July 15, 2024
As used in this chapter :
(1) "Arthritic condition" means a condition resulting from an inflammation of one or more joints due to infectious or metabolic causes;
(2) "Blind or visually impaired" means a person who has a visual acuity 20/200 or less in the better eye with correcting lenses or has a limited field of vision such that the widest diameter subtends an angular distance of no greater than twenty degrees;
(3) "Class III cardiac disease" means a moderately severe disease of the heart or cardiovascular system resulting in marked limitation of physical activity. A person diagnosed with this disease is comfortable at rest, but less than ordinary activity causes fatigue, palpitation, dyspnea, or anginal pain;
(4) "Class IV cardiac disease" means a severe disease of the heart or cardiovascular system resulting in an inability to carry on any physical activity without discomfort. A person diagnosed with this disease may exhibit symptoms of heart failure or the anginal syndrome even at rest;
(5) "Licensed physician" means a person who is licensed by the South Dakota Board of Medical and Osteopathic Examiners to practice medicine or osteopathy or who is licensed by a similar state or provincial agency or board in another state or province to practice medicine or osteopathy;
(6) "Lung disease" means a disease that restricts a person's respiratory capacity to such a degree that the person's forced expiratory volume in one second is less than one liter if measured by a spirometer, or the arterial oxygen tension is less than 60 mm/hg on room air at rest;
(7) "Neurological condition" means a condition that adversely affects the nervous system as a result of injury, disease, or birth deficiency;
(8) "Neuromuscular disorder" means a disorder that affects the muscles or the nerves controlling the muscles. The most commonly experienced symptoms are varying degrees of mobility due to muscle weakness, regardless if the disorder originates within the motor nerve cell, the nerve, or the muscle. The symptoms of a neuromuscular disorder are most often degenerative in nature;
(9) "Orthopedic condition" means a condition that adversely affects the skeletal system as a result of injury, disease, or birth deficiency;
(10) "Prosthetic aid" means an artificial device that replaces a missing limb;
(11) "Roadway" means that portion of a highway improved, designed, or ordinarily used for vehicular travel, excluding the berm or shoulder.
General Authority:
SDCL  41-2-18(2),  41-8-37.
Law Implemented:
SDCL  41-2-18(2),  41-8-37.
South Dakota Administrative Rules › Title 41 - Department of Game, Fish And Parks › Article 41:09 - Special permits and licenses › Chapter 41:09:12 - Persons with disabilities › Section 41:09:12:03.02 - Disabled hunter permit - Eligibility requirements

Current through Register Vol. 51, page 10, July 15, 2024
The secretary may issue a disabled hunter permit free-of-cost to a person with at least one of the following physical disabilities or health-related conditions:
(1) The person has lost one or both legs or has temporarily or permanently lost the use of one or both legs;
(2) The person requires a wheelchair for mobility;
(3) The person is physically unable to walk without the assistance of another person, prosthetic aid, brace, crutch, or other device that is intended to support or assist the person while walking;
(4) The person is unable to walk a distance of more than 300 feet without assistance or rest due to an arthritic, neurological, or orthopedic condition;
(5) The person has been diagnosed with a neuromuscular disorder;
(6) The person has been diagnosed with a Class III or Class IV cardiac disease;
(7) The person has been diagnosed with lung disease; or
(8) The person is on portable oxygen.
Except as provided in this section, no person may be issued a disabled hunter permit unless the person's physical disability or health-related condition limits or impairs the person's ability to walk.
General Authority:
SDCL  41-2-18(2),  41-8-37.
Law Implemented:
SDCL  41-2-18(2),  41-8-37.
South Dakota Administrative Rules › Title 41 - Department of Game, Fish And Parks › Article 41:09 - Special permits and licenses › Chapter 41:09:12 - Persons with disabilities › Section 41:09:12:03.04 - Permit authorities, limitations, and conditions

Current through Register Vol. 51, page 10, July 15, 2024
A disabled hunter permit authorizes the permittee to shoot at game birds and game animals from a stationary motor vehicle if the motor vehicle is not on a state or federal highway and the permittee does not shoot across the roadway. The permit is nontransferable. The permittee shall have the permit in possession while shooting from a stationary motor vehicle. The permit is in addition to any required hunting license. The permittee shall display the permit upon the request of a conservation officer or other law enforcement officer. Except as provided in SDCL  32-20-6.6 and  41-9-1.2, a permittee shall adhere to all applicable state laws and department regulations while hunting.
General Authority:
SDCL  41-2-18(2),  41-8-37.
Law Implemented:
SDCL  41-2-18(2),  41-8-37.
South Dakota Administrative Rules › Title 41 - Department of Game, Fish And Parks › Article 41:09 - Special permits and licenses › Chapter 41:09:12 - Persons with disabilities › Section 41:09:12:03.05 - Denial of permit or revocation of existing permit - Reasons - Appeal process

Current through Register Vol. 51, page 10, July 15, 2024
The secretary may deny or revoke a disabled hunter permit for the following reasons:
(1) The information and documentation provided by the applicant cannot be verified;
(2) The applicant made a false statement on the application to secure a permit;
(3) The permittee violated the limitations or conditions of the permit; or
(4) The permittee no longer qualifies for a disabled hunter permit as described in this chapter.
A person who has had an application for disabled hunter permit denied or had a disabled hunter permit revoked may appeal to the Game, Fish and Parks Commission according to procedures established by SDCL chapter 1-26.
General Authority:
SDCL  41-2-18(2),  41-8-37.
Law Implemented:
SDCL  41-2-18(2),  41-8-37.