reglab/statecodes huggingface dataset:
South Dakota Administrative Rules › Title 41 - Department of Game, Fish And Parks › Article 41:04 - Public waters › Chapter 41:04:04 - Docks › Section 41:04:04:01 - Definition of terms

Current through Register Vol. 51, page 10, July 15, 2024
As used in this chapter:
(1) "Public waters" means all meandered lakes, rivers, and streams and their shores to the high-water mark; all waters and shores of reservoirs constructed with public funds; and all other lakes, rivers, and streams that may be used by the public for boating, fishing, hunting, trapping, bathing, skating, and other activities for pleasure and recreation. Lakes, rivers, and streams that become dry during certain seasons of the year or periods of drought remain public waters;
(2) "Dock" means a wharf, platform, pier, or similar structure located on, in, or over any public water. A dock is normally connected to or otherwise in contact with the shoreline;
(3) "Floating dock" means a diving platform, ski jump, or similar structure located on, in, or over any public water. A floating dock is normally not connected to or otherwise in contact with the shoreline;
(4) "Boat lift" means any device used for storing or holding boats above the surface of public waters.
General Authority:
SDCL  32-3A-1(6).
Law Implemented:
SDCL  32-3A-1(6).
South Dakota Administrative Rules › Title 41 - Department of Game, Fish And Parks › Article 41:04 - Public waters › Chapter 41:04:04 - Docks › Section 41:04:04:02 - Dock and boat lift standards

Current through Register Vol. 51, page 10, July 15, 2024
No person may construct, repair, remodel, or maintain a dock or boat lift unless it conforms to the following standards:
(1) No dock may extend over the water for more than 60 feet, excluding the length of any "T" or "L" attachment;
(2) A dock shall have a walking platform at least 30 inches wide and no more then ten feet wide;
(3) No "T" or "L", or boat lift, or similar attachment to a dock may be more than 24 feet long; and
(4) No boat lift may be placed more than 60 feet from shore unless attached to a dock placed in accordance with an approved variance permit.
General Authority:
SDCL  32-3A-1(6).
Law Implemented:
SDCL  32-3A-1(6).
South Dakota Administrative Rules › Title 41 - Department of Game, Fish And Parks › Article 41:04 - Public waters › Chapter 41:04:04 - Docks › Section 41:04:04:04 - Variance permits authorized - Extent and time limited

Current through Register Vol. 51, page 10, July 15, 2024
The department may issue a non-transferable variance permit to exempt the person from compliance with the standards provided in §
									41:04:04:02  to the extent and for the period of time allowed by the permit. No permit may be issued for a dock that extends over the water more than 60 feet unless the person applying for the permit signs a release and waiver of liability form provided by the department. Factors used in consideration for approving variance permits include current water level, design of the dock, and the intended use of the dock. Concessionaires or other entities authorized to operate from lands owned, leased, managed, or controlled by the department are exempt from the provisions in §§
									41:04:04:02  and 41:04:04:04  if the docks are authorized by the department under a concession or lease agreement.
General Authority:
SDCL  32-3A-1(6).
Law Implemented:
SDCL  32-3A-1(6).
South Dakota Administrative Rules › Title 41 - Department of Game, Fish And Parks › Article 41:04 - Public waters › Chapter 41:04:04 - Docks › Section 41:04:04:05 - Requirements for dock and floating dock maintenance

Current through Register Vol. 51, page 10, July 15, 2024
Requirements for dock and floating dock maintenance are as follows:
(1) All docks and floating docks shall be securely anchored in place to prevent drifting;
(2) All docks and floating docks shall be free of safety hazards and shall be maintained so they do not constitute a public nuisance or severely detract from the aesthetic values of the public waters and the shoreline of adjacent property;
(3) The flotation material used in docks and floating docks shall be composed of low-density, closed-cell, rigid plastic foam; high impact polyethylene, fiber-glass; or other inert materials. Airtight, water-tight containers that are free of toxic or pollutive substances may also be used for flotation;
(4) All electrical wiring, connections, facilities, or appurtenances serving a dock shall conform to the regulations adopted by the South Dakota state electrical commission;
(5) Floating docks that are not attached to or in contact with the shoreline shall, from sunrise to one-half hour after sunset, have attached to them a red flag at least 3 feet above the floor and plainly visible from a distance of at least 150 feet. No such floating dock may remain on the waters from one-half hour after sunset until sunrise except when secured as close to the shoreline as possible. This section does not apply to floating docks placed in areas restricted for swimming by a political subdivision or the department.
General Authority:
SDCL  32-3A-1(6).
Law Implemented:
SDCL  32-3A-1(6).
South Dakota Administrative Rules › Title 41 - Department of Game, Fish And Parks › Article 41:04 - Public waters › Chapter 41:04:04 - Docks › Section 41:04:04:06 - Permits revoked and docks removed upon violation

Current through Register Vol. 51, page 10, July 15, 2024
All variance permits as described in §
									41:04:04:04  are subject to administrative revocation. All docks and floating docks are subject to removal from the public waters for failure to conform to the standards and requirements in this chapter.
General Authority:
SDCL  32-3A-1(6).
Law Implemented:
SDCL  32-3A-1(6).
South Dakota Administrative Rules › Title 41 - Department of Game, Fish And Parks › Article 41:04 - Public waters › Chapter 41:04:04 - Docks › Section 41:04:04:07 - Dock placement - Authorized persons

Current through Register Vol. 51, page 10, July 15, 2024
No person may place or construct a dock, floating dock, or boat lift on, in, or over any public water or its shoreline except those persons expressly authorized by this section and under the following conditions:
(1) Any landowner whose property adjoins public waters if the dock, floating dock, or boat lift is placed within riparian boundaries of the landowner's property;
(2) Any person who receives written permission from a landowner whose property adjoins public waters if the dock, floating dock, or boat lift is placed within the riparian boundaries of the landowner's property;
(3) Any concessionaire or other entity authorized to operate from lands owned, leased, managed, or controlled by the department under a concession or lease agreement;
(4) A riparian landowner whose property is 50 feet or less in width and adjacent to a public water may place no more than one dock and one floating dock into the public water. A riparian landowner whose property is more than 50 feet in width and adjacent to a public water may place no more than two docks and one floating dock into the public water. A riparian landowner may place more than two docks into a public water if the owner secures a variance permit from the department and places the dock in accordance with the requirements identified in this chapter; or
(5) Any dock or floating dock may not be placed in such a manner so as to prohibit or preclude public access to waters or shoreline areas accessible to the public under existing state law.
General Authority:
SDCL  32-3A-1(6),  41-2-18(4),  41-17-1.1(1).
Law Implemented:
SDCL  32-3A-1(6),  41-2-18(4),  41-17-1.1(1).
South Dakota Administrative Rules › Title 41 - Department of Game, Fish And Parks › Article 41:04 - Public waters › Chapter 41:04:05 - Motorboats and watercraft › Section 41:04:05:01.01 - Boat license fees

Current through Register Vol. 51, page 10, July 15, 2024
All boats shall be licensed based on the length of the boat and the type of propulsion. However, a temporary boat license may be issued to a boat if the boat's owner or operator is a participant in a permitted fishing tournament. All boats shall be licensed according to the following schedule:
(1) Nonmotorized boats over 12 feet and boats propelled solely by electric trolling motors: 1 year-$15. Nonmotorized canoes owned by nonprofit youth organizations are exempt from license requirements when being used for organizational activities;
(2) Motorboats under 19 feet: 1 year-$25;
(3) Motorboats 19 feet and over: 1 year-$45;
(4) Temporary fishing tournament boat license: 10 consecutive days-$50.
General Authority:
SDCL  32-3A-4,  32-3A-11(5).
Law Implemented:
SDCL  32-3A-4,  32-3A-11(5).
ARSD 41:09:15:01
South Dakota Administrative Rules › Title 41 - Department of Game, Fish And Parks › Article 41:04 - Public waters › Chapter 41:04:05 - Motorboats and watercraft › Section 41:04:05:01.02 - Licensing period

Current through Register Vol. 51, page 10, July 15, 2024
Applicants may apply for an annual license or a temporary fishing tournament boat license, which is valid for 10 consecutive days.
General Authority:
SDCL  32-3A-4,  32-3A-11(5).
Law Implemented:
SDCL  32-3A-4,  32-3A-11(5).
South Dakota Administrative Rules › Title 41 - Department of Game, Fish And Parks › Article 41:04 - Public waters › Chapter 41:04:05 - Motorboats and watercraft › Section 41:04:05:02 - Life preservers required

Current through Register Vol. 51, page 10, July 15, 2024
Life preservers are required on boats operated on the public waters, as follows:
(1) All boats less than 16 feet long must have on board one Coast Guard-approved wearable personal flotation device for each person;
(2) All boats, other than canoes and kayaks, 16 feet long or over must have on board one Coast Guard-approved wearable personal flotation device for each person and one Coast Guard-approved throwable device;
(3) All boats towing persons on water skis, aquaplanes, knee boards, float tubes, air chairs, or similar devices must have on board a Coast Guard-approved wearable personal floatation device for each person being towed, except if the person being towed has a wearable Coast Guard-approved personal flotation device in possession.
All flotation devices required by this section must be in serviceable condition, of an appropriate size for the person for whom it is intended, and readily accessible.
General Authority:
SDCL  32-3A-1(1).
Law Implemented:
SDCL  32-3A-1(1).
South Dakota Administrative Rules › Title 41 - Department of Game, Fish And Parks › Article 41:04 - Public waters › Chapter 41:04:05 - Motorboats and watercraft › Section 41:04:05:02.01 - Personal flotation device use required

Current through Register Vol. 51, page 10, July 15, 2024
If a boat is operated at greater than no-wake speed, personal flotation device use on the boat is required as follows:
(1) The operator of the boat shall assure that each child on board under seven years of age is wearing a Coast Guard-approved personal flotation device unless such child is within a cabin or below deck; and
(2) Any person who claims a Type V Hybrid personal flotation device as his or her life jacket of choice shall wear the device unless the person is within a cabin or below deck.
General Authority:
SDCL  32-3A-1(1).
Law Implemented:
SDCL  32-3A-1(1).
South Dakota Administrative Rules › Title 41 - Department of Game, Fish And Parks › Article 41:04 - Public waters › Chapter 41:04:05 - Motorboats and watercraft › Section 41:04:05:03 - Fire extinguishers required - Exception

Current through Register Vol. 51, page 10, July 15, 2024
A working fire extinguisher with the stamp of approval of the U.S. Coast Guard is required on boats operated on public waters as follows:
(1) Each Class A or Class 1 motorboat shall carry at least one fire extinguisher of B-I type or larger;
(2) Each Class 2 motorboat shall carry at least two fire extinguishers of B-I type or larger;
(3) Each Class 3 motorboat shall carry at least one B-II type and one B-I type or three B-I type fire extinguishers; or
(4) A motorboat less than 26 feet long and not carrying passengers for hire is exempt from the requirements of this section if the construction of the boat will not permit the entrapment of explosive or flammable gases or vapors.
General Authority:
SDCL  32-3A-1(1).
Law Implemented:
SDCL  32-3A-1(1).
Classification of boats for equipment purposes, SDCL  32-3A-18.
South Dakota Administrative Rules › Title 41 - Department of Game, Fish And Parks › Article 41:04 - Public waters › Chapter 41:04:05 - Motorboats and watercraft › Section 41:04:05:04 - Flame arresters required

Current through Register Vol. 51, page 10, July 15, 2024
The carburetors of all inboard motorboat engines using gasoline as fuel shall be equipped with flame arresters, backfire traps, or similar devices that prevent any flames caused by engine backfire from being released in the engine compartment. The flame arresters, backfire traps, or similar devices must have the stamp of approval of the U.S. Coast Guard.
General Authority:
SDCL  32-3A-1(1).
Law Implemented:
SDCL  32-3A-1(1).
South Dakota Administrative Rules › Title 41 - Department of Game, Fish And Parks › Article 41:04 - Public waters › Chapter 41:04:05 - Motorboats and watercraft › Section 41:04:05:04.01 - Whistle required

Current through Register Vol. 51, page 10, July 15, 2024
A Class 1 motorboat shall be equipped with a whistle or other sound-producing mechanical device capable of a two-second blast audible for at least one-half mile. A Class 2 or Class 3 motorboat shall be equipped with a power-operated whistle capable of a two-second blast audible for one mile.
General Authority:
SDCL  32-3A-1(1).
Law Implemented:
SDCL  32-3A-1(1).
South Dakota Administrative Rules › Title 41 - Department of Game, Fish And Parks › Article 41:04 - Public waters › Chapter 41:04:05 - Motorboats and watercraft › Section 41:04:05:04.02 - Bell required

Current through Register Vol. 51, page 10, July 15, 2024
A Class 3 motorboat shall be equipped with an efficient bell.
General Authority:
SDCL  32-3A-1(1).
Law Implemented:
SDCL  32-3A-1(1).
South Dakota Administrative Rules › Title 41 - Department of Game, Fish And Parks › Article 41:04 - Public waters › Chapter 41:04:05 - Motorboats and watercraft › Section 41:04:05:05 - Ventilation required

Current through Register Vol. 51, page 10, July 15, 2024
The owner of a boat, except open boats, using fuel of a volatile nature shall install air vents that will ventilate the bilges of the engine and fuel tank compartment and remove any explosive or inflammable gases.
General Authority:
SDCL  32-3A-1(1).
Law Implemented:
SDCL  32-3A-1(1).
South Dakota Administrative Rules › Title 41 - Department of Game, Fish And Parks › Article 41:04 - Public waters › Chapter 41:04:05 - Motorboats and watercraft › Section 41:04:05:06 - Navigation rules

Current through Register Vol. 51, page 10, July 15, 2024
The navigation rules for all boats underway on the waters of this state are those in 33 CFR §
										83.01 through 83.19 and 33 CFR 83.32 through 83.37 (August 1, 2014).
General Authority:
SDCL  32-3A-1(3).
Law Implemented:
SDCL  32-3A-1(3).
South Dakota Administrative Rules › Title 41 - Department of Game, Fish And Parks › Article 41:04 - Public waters › Chapter 41:04:05 - Motorboats and watercraft › Section 41:04:05:08 - Restriction on right-of-way

Current through Register Vol. 51, page 10, July 15, 2024
A boat underway from a slip, dock, pier, or ramp does not have right-of-way and may not give passing signals until the boat is entirely clear of the area.
General Authority:
SDCL  32-3A-1(3).
Law Implemented:
SDCL  32-3A-1(3).
South Dakota Administrative Rules › Title 41 - Department of Game, Fish And Parks › Article 41:04 - Public waters › Chapter 41:04:05 - Motorboats and watercraft › Section 41:04:05:09 - Blockage of docks forbidden

Current through Register Vol. 51, page 10, July 15, 2024
Passing boats may not block the entrance to or exit from a slip, dock, or pier.
General Authority:
SDCL  32-3A-1(3).
Law Implemented:
SDCL  32-3A-1(3).
South Dakota Administrative Rules › Title 41 - Department of Game, Fish And Parks › Article 41:04 - Public waters › Chapter 41:04:05 - Motorboats and watercraft › Section 41:04:05:14 - Careless boat operation - careless operation defined

Current through Register Vol. 51, page 10, July 15, 2024
No person may operate or allow the operation of any boat in a careless manner. Careless boat operation is defined as that which is done carelessly and without due caution, at a speed or in a manner so as to endanger any person or property, not amounting to reckless operation of a boat as defined in §42-8-46.
General Authority:
SDCL  32-3A-1(3).
Law Implemented:
SDCL  32-3A-1(3).
South Dakota Administrative Rules › Title 41 - Department of Game, Fish And Parks › Article 41:04 - Public waters › Chapter 41:04:05 - Motorboats and watercraft › Section 41:04:05:15

Current through Register Vol. 51, page 10, July 15, 2024
General Authority:
SDCL  42-8-1.1.
Law Implemented:
SDCL  42-8-1.1.
South Dakota Administrative Rules › Title 41 - Department of Game, Fish And Parks › Article 41:04 - Public waters › Chapter 41:04:05 - Motorboats and watercraft › Section 41:04:05:16 - Emergency signals - Boats to stop

Current through Register Vol. 51, page 10, July 15, 2024
Only an authorized emergency rescue or law enforcement boat may display flashing blue or red lights or sound a siren. Upon giving either signal, the emergency and enforcement boat has the right-of-way and all other boats must immediately stop.
General Authority:
SDCL  32-3A-1(3).
Law Implemented:
SDCL  32-3A-1(3).
South Dakota Administrative Rules › Title 41 - Department of Game, Fish And Parks › Article 41:04 - Public waters › Chapter 41:04:05 - Motorboats and watercraft › Section 41:04:05:16.01 - Eluding a law enforcement officer

Current through Register Vol. 51, page 10, July 15, 2024
Any operator of a boat who, after failing or refusing to bring a boat to a stop pursuant to §
									41:04:05:16  or after having been given a signal by hand, voice, emergency light, or siren, flees from a law enforcement officer or attempts to elude the pursuit of a law enforcement officer is guilty of eluding.
General Authority:
SDCL  32-3A-1(3).
Law Implemented:
SDCL  32-3A-1(3).
South Dakota Administrative Rules › Title 41 - Department of Game, Fish And Parks › Article 41:04 - Public waters › Chapter 41:04:05 - Motorboats and watercraft › Section 41:04:05:18 - Lights required - Exception

Current through Register Vol. 51, page 10, July 15, 2024
From sunset to sunrise in all weathers, the operator of a boat shall exhibit lights as required in Inland Rules 20 through 30, and Annex I--Positioning and Technical Details of Lights and Shapes, and Annex II--Additional Signals for Fishing Vessels Fishing in Close Proximity, as published by the United States Coast Guard in "Navigation Rules, International--Inland." In lieu of meeting the requirements of the inland rules, a boat may meet the requirements of International Rules 20 through 30, and Annex I and Annex II as published in the same document. However, the requirements of this section do not apply to a law enforcement officer, as defined in §23-3-27, while operating a boat owned, leased, or otherwise the property of the state or a political subdivision, in the performance of the officer's law enforcement duties if the officer's conduct is reasonable and if the officer reasonably believes that operating the boat without lights is necessary under the circumstances to investigate a criminal violation or suspected criminal violation of state laws or rules, court orders, or municipal or county ordinances. A law enforcement officer may not operate a boat without lights under this section:
(1) At speeds greater than what is reasonable and prudent under existing weather and traffic conditions;
(2) In situations in which the officer is an active participant in pursuing a boat; or
(3) Contrary to written policies or procedures established by the law enforcement officer's employer.
General Authority:
SDCL  32-3A-1(1)(3).
Law Implemented:
SDCL  32-3A-1(1)(3).
"Navigation Rules, International--Inland," United States Coast Guard, U.S. Department of Transportation, August 23, 1982. Copies may be obtained from the Superintendent of Documents, U.S. Government Printing Office, Washington, DC 20402. Cost: $6.
South Dakota Administrative Rules › Title 41 - Department of Game, Fish And Parks › Article 41:04 - Public waters › Chapter 41:04:05 - Motorboats and watercraft › Section 41:04:05:19 - Overloading prohibited

Current through Register Vol. 51, page 10, July 15, 2024
No person may operate a boat loaded beyond the maximum number of persons, weight capacity or a combination thereof as stated on the capacity plate and affixed to the boat by the manufacturer, nor may a person operate a boat powered by an inboard or attached outboard motor where the total horsepower of the motor exceeds the total horsepower rating as stated on the capacity plate and affixed to the boat by the manufacturer.
General Authority:
SDCL  32-3A-1(1)(3).
Law Implemented:
SDCL  32-3A-1(1)(3).
South Dakota Administrative Rules › Title 41 - Department of Game, Fish And Parks › Article 41:04 - Public waters › Chapter 41:04:06 - Nonmeandered waters › Section 41:04:06:01 - Petition to restrict recreational use a nonmeandered lake

Current through Register Vol. 51, page 10, July 15, 2024
A petition to the Commission requesting the authority to restrict recreational use of the waters of a nonmeandered lake that are open to recreational use under SDCL  41-23-8 shall be submitted on forms prescribed by the Department. The Commission shall fix a date for hearing, to be held pursuant to SDCL 1-26, on each petition submitted and shall give notice of the hearing on an agenda published in accordance with SDCL  1-25-1.3. The Department shall notify the petitioner of the date, time, and place of the meeting at which the petitioners request will be considered, and the petitioner shall be given an opportunity to be heard at the meeting. Within forty days after a hearing, the Commission shall adopt a resolution in accordance with SDCL  41-23-9 that either grants the petition in part or full or denies the petition stating its reasons for partial or complete denial. A petition shall contain the following:
(1) Name and address of the petitioner;
(2) Type of recreational access restriction requested;
(3) Reasons for the requested restriction;
(4) Periods of the year for the requested restriction;
(5) Duration of the requested restriction;
(6) Legal description and a map of the location of the water; and
(7) Proof of ownership and/or legal possession of the property underlying water being petitioned for restricted recreational use.
General Authority:
SDCL  41-2-18(5),  41-23-9.
Law Implemented:
SDCL  41-2-18(5),  41-23-9.
South Dakota Administrative Rules › Title 41 - Department of Game, Fish And Parks › Article 41:04 - Public waters › Chapter 41:04:06 - Nonmeandered waters › Section 41:04:06:02 - Commission action on petition to restrict recreational use of nonmeandered lake

Current through Register Vol. 51, page 10, July 15, 2024
Upon receipt of a petition the commission shall set a date for a contested case proceeding and shall publish notice of the proceeding in accordance with SDCL  1-25-1.3 and SDCL  1-26-17. The notice shall be published in at least three local newspapers prior to the proceeding. This proceeding shall be considered a contested case proceeding as defined by SDCL  1-26-1. After a contested case proceeding, the commission shall adopt a resolution to grant, deny or modify the petition stating the reasons for partial or complete denial pursuant to SDCL  41-23-9.
General Authority:
SDCL  41-2-18(5),  41-23-9.
Law Implemented:
SDCL  41-2-18(5),  41-23-9.
South Dakota Administrative Rules › Title 41 - Department of Game, Fish And Parks › Article 41:04 - Public waters › Chapter 41:04:06 - Nonmeandered waters › Section 41:04:06:03

Current through Register Vol. 51, page 10, July 15, 2024
General Authority:
SDCL  41-2-18(5),  41-23-9.
Law Implemented:
SDCL  41-2-18(5),  41-23-9.
South Dakota Administrative Rules › Title 41 - Department of Game, Fish And Parks › Article 41:04 - Public waters › Chapter 41:04:06 - Nonmeandered waters › Section 41:04:06:04

Current through Register Vol. 51, page 10, July 15, 2024
General Authority:
SDCL  41-2-18(5),  41-23-9.
Law Implemented:
SDCL  41-2-18(5),  41-23-9.
South Dakota Administrative Rules › Title 41 - Department of Game, Fish And Parks › Article 41:04 - Public waters › Chapter 41:04:06 - Nonmeandered waters › Section 41:04:06:05 - Marking of closed nonmeandered bodies of water

Current through Register Vol. 51, page 10, July 15, 2024
Any landowner who wishes to close the water overlying their flooded land on a nonmeandered waterbody must conspicuously mark the water as being closed to recreation use and notify the department within a reasonable time that they have done so.
General Authority:
SDCL  41-2-18(5),  41-23-5,  41-23-12.
Law Implemented:
SDCL  41-2-18(5),  41-23-5,  41-23-12.
South Dakota Administrative Rules › Title 41 - Department of Game, Fish And Parks › Article 41:04 - Public waters › Chapter 41:04:06 - Nonmeandered waters › Section 41:04:06:05.01 - Placement of department supplied signs

Current through Register Vol. 51, page 10, July 15, 2024
If a landowner closes a portion of the nonmeandered waters overlying their land and a sign would provide conspicuous notice of the restricted areas, the landowner shall place a sign supplied by the department to mark the body of water closed. Department supplied signs shall be used to mark closed portions of frozen nonmeandered waters. Signs shall be placed in accordance with §
									41:04:06:05.03.
General Authority:
SDCL  41-2-18(5),  41-23-5,  41-23-12.
Law Implemented:
SDCL  41-2-18(5),  41-23-5,  41-23-12.
South Dakota Administrative Rules › Title 41 - Department of Game, Fish And Parks › Article 41:04 - Public waters › Chapter 41:04:06 - Nonmeandered waters › Section 41:04:06:05.02 - Placement of buoys

Current through Register Vol. 51, page 10, July 15, 2024
In situations in which a department supplied sign would be impractical or not provide conspicuous notice to the public of closed portions of nonmeandered waters, the landowner shall acquire and set buoys in compliance with ARSD 41:04:06:05.03.
General Authority:
SDCL  41-2-18(5),  41-23-5,  41-23-12.
Law Implemented:
SDCL  41-2-18(5),  41-23-5,  41-23-12.
South Dakota Administrative Rules › Title 41 - Department of Game, Fish And Parks › Article 41:04 - Public waters › Chapter 41:04:06 - Nonmeandered waters › Section 41:04:06:05.03 - Specifications for sign placement and buoy standards for marking closed nonmeandered waters

Current through Register Vol. 51, page 10, July 15, 2024
(1) Signs and buoys must be placed no further apart than 660 feet.
(2) Buoys must be a red, spherical design consisting of a diameter not less than 14.5 inches and a length not less than 19.5 inches.
(3) Buoys must be marked with contrasting letters at least 3 inches tall stating "CLOSED."
(4) All property corner boundaries located in the water must be conspicuously marked with a sign or buoy.
General Authority:
SDCL  41-2-18(5),  41-23-5,  41-23-12.
Law Implemented:
SDCL  41-2-18(5),  41-23-5,  41-23-12.
South Dakota Administrative Rules › Title 41 - Department of Game, Fish And Parks › Article 41:04 - Public waters › Chapter 41:04:06 - Nonmeandered waters › Section 41:04:06:06 - Transportation lane petition

Current through Register Vol. 51, page 10, July 15, 2024
Upon receipt of a petition to establish a transportation lane the commission shall, at their next regularly schedule commission meeting, consider the request and either deny, grant, or modify the petition. The department shall notify any landowner that may be affected by the proposed transportation lane. If the commission grants or modifies a petition, it shall be established by rule pursuant to SDCL 1-26 in this chapter. The petitioner shall demonstrate the necessity of a transportation lane by meeting the criteria as laid out in SDCL  41-23-16.
General Authority:
SDCL  41-23-16.
Law Implemented:
SDCL  41-23-16.
South Dakota Administrative Rules › Title 41 - Department of Game, Fish And Parks › Article 41:04 - Public waters › Chapter 41:04:06 - Nonmeandered waters › Section 41:04:06:07 - Transportation lanes established

Current through Register Vol. 51, page 10, July 15, 2024
While accessing the transportation lane, the individual shall take the most direct path to the open nonmeandered body of water and shall not hunt, fish, or trap in any manner while in the transportation lane. The department shall be responsible for marking all transportation lanes established pursuant to this chapter. Transportation lanes established in this rule shall be reviewed for necessity and reported to the commission prior to December 1 of each year.
General Authority:
SDCL  41-23-16.
Law Implemented:
SDCL  41-23-16.
South Dakota Administrative Rules › Title 41 - Department of Game, Fish And Parks › Article 41:05 - Refuges › Chapter 41:05:01 - General provisions › Section 41:05:01:01 - Refuges defined

Current through Register Vol. 51, page 10, July 15, 2024
As used in this article:
(1) "State game bird refuge" means a refuge with a closed season for all birds
(2) "State game refuge" means a refuge with a closed season for all birds and animals;
(3) "Waterfowl refuge" means a refuge with a closed season for all migratory waterfowl.
General Authority:
SDCL  41-2-18(1)(2)(4)(6).
Law Implemented:
SDCL  41-2-18(1)(2)(4)(6).
South Dakota Administrative Rules › Title 41 - Department of Game, Fish And Parks › Article 41:05 - Refuges › Chapter 41:05:01 - General provisions › Section 41:05:01:02 - Hunting within a waterfowl refuge

Current through Register Vol. 51, page 10, July 15, 2024
No person may hunt migratory waterfowl within a waterfowl refuge during the migratory waterfowl season except as provided by chapters 41:05:02 and 41:06:16.
General Authority:
SDCL  41-2-18(1)(2)(4)(6).
Law Implemented:
SDCL  41-2-18(1)(2)(4)(6).
South Dakota Administrative Rules › Title 41 - Department of Game, Fish And Parks › Article 41:05 - Refuges › Chapter 41:05:01 - General provisions › Section 41:05:01:03 - Hunting and trapping within a state game refuge

Current through Register Vol. 51, page 10, July 15, 2024
No person may hunt or trap game within a state game refuge, unless otherwise provided in article 41:06.
General Authority:
SDCL  41-2-18(1)(2)(4)(6).
Law Implemented:
SDCL  41-2-18(1)(2)(4)(6).
South Dakota Administrative Rules › Title 41 - Department of Game, Fish And Parks › Article 41:05 - Refuges › Chapter 41:05:01 - General provisions › Section 41:05:01:04 - Hunting within a state game bird refuge

Current through Register Vol. 51, page 10, July 15, 2024
No person may hunt birds within a state game bird refuge, unless otherwise provided in article 41:06.
General Authority:
SDCL  41-2-18, 41-5-4(1)(2)(4)(6).
Law Implemented:
SDCL  41-2-18, 41-5-4(1)(2)(4)(6).
South Dakota Administrative Rules › Title 41 - Department of Game, Fish And Parks › Article 41:05 - Refuges › Chapter 41:05:01 - General provisions › Section 41:05:01:05

Current through Register Vol. 51, page 10, July 15, 2024
General Authority:
SDCL  41-2-18.
Law Implemented:
SDCL  41-2-18.
South Dakota Administrative Rules › Title 41 - Department of Game, Fish And Parks › Article 41:05 - Refuges › Chapter 41:05:01 - General provisions › Section 41:05:01:06 - Exceptions to hunting on refuges

Current through Register Vol. 51, page 10, July 15, 2024
The hunting restrictions contained in this chapter do not apply to the hunting of light geese during an established spring light goose season or Conservation Order in any refuges described in chapter 41:05:02 except Silver Lake State Waterfowl Refuge in Hutchinson County, Oahe Dam State Waterfowl Refuge, Big Bend Dam State Waterfowl Refuge, and Ft. Randall Dam State Waterfowl Refuge.
General Authority:
SDCL  41-2-18(2).
Law Implemented:
SDCL  41-2-18(2).
Goose hunting season and Conservation Order established -- Shooting hours -- Exceptions -- Open units -- Closed areas, §
											41:06:16:07.
South Dakota Administrative Rules › Title 41 - Department of Game, Fish And Parks › Article 41:05 - Refuges › Chapter 41:05:02 - State game refuges › Section 41:05:02:05

Current through Register Vol. 51, page 10, July 15, 2024
General Authority:
SDCL  41-2-18(6).
Law Implemented:
SDCL  41-2-18(6).
South Dakota Administrative Rules › Title 41 - Department of Game, Fish And Parks › Article 41:05 - Refuges › Chapter 41:05:02 - State game refuges › Section 41:05:02:06 - Brown County refuges

Current through Register Vol. 51, page 10, July 15, 2024
Renziehausen Slough State Game Bird Refuge in Brown County comprises all of sections 25 and 26, less the north half of the north half of the northwest quarter, north half of the southwest quarter of the northeast quarter of the northwest quarter, north half of the south half of the southwest quarter of the northeast quarter of the northwest quarter, north half of the south half of the northwest quarter of the northwest quarter, and north half of the south half of the south half of the northwest quarter of the northwest quarter of section 26, all in township 127 north, range 60 west of the fifth principal meridian, except for a shooting and retrieving zone 50 yards wide on the north, west, and south sides of section 26, 50 feet wide on the south and north sides of section 25, and 50 yards wide on the east side of section 25, as posted.
General Authority:
SDCL  41-2-18(6).
Law Implemented:
SDCL  41-2-18(6).
South Dakota Administrative Rules › Title 41 - Department of Game, Fish And Parks › Article 41:05 - Refuges › Chapter 41:05:02 - State game refuges › Section 41:05:02:07 - Brule County refuges

Current through Register Vol. 51, page 10, July 15, 2024
The Jorgenson State Game Refuge in Brule County comprises that portion of the northwest quarter lying south of the Chicago, Milwaukee and St. Paul Railroad Company right-of-way in section 26, township 104 north, range 70 west of the fifth principal meridian.
General Authority:
SDCL  41-2-18(6).
Law Implemented:
SDCL  41-2-18(6).
South Dakota Administrative Rules › Title 41 - Department of Game, Fish And Parks › Article 41:05 - Refuges › Chapter 41:05:02 - State game refuges › Section 41:05:02:08

Current through Register Vol. 51, page 10, July 15, 2024
General Authority:
SDCL  41-2-18.
Law Implemented:
SDCL  41-2-18.
South Dakota Administrative Rules › Title 41 - Department of Game, Fish And Parks › Article 41:05 - Refuges › Chapter 41:05:02 - State game refuges › Section 41:05:02:10

Current through Register Vol. 51, page 10, July 15, 2024
General Authority:
SDCL  41-2-18(1)(2)(4)(6).
Law Implemented:
SDCL  41-2-18(1)(2)(4)(6).
South Dakota Administrative Rules › Title 41 - Department of Game, Fish And Parks › Article 41:05 - Refuges › Chapter 41:05:02 - State game refuges › Section 41:05:02:11

Current through Register Vol. 51, page 10, July 15, 2024
General Authority:
SDCL  41-2-18(6).
Law Implemented:
SDCL  41-2-18(6).
South Dakota Administrative Rules › Title 41 - Department of Game, Fish And Parks › Article 41:05 - Refuges › Chapter 41:05:02 - State game refuges › Section 41:05:02:12 - Clark County refuges

Current through Register Vol. 51, page 10, July 15, 2024
Clark County refuges are as follows:
(1) Reid Lake Waterfowl Refuge comprises all of the land and water area within the meandered line around Reid Lake in section 18, township 118 north, range 57 west of the fifth principal meridian; in sections 13 and 24 in township 118 north, range 58 west; all of lots one, five, and six in section 19, township 118 north, range 57 west; all of lots one and two in section 24, township 118 north, range 58 west; all of lots one, two, and three in section 13, township 118 north, range 58 west; all of the land in section 18, township 118 north, range 57 west, between the meandered line and the following line: beginning at a point 2,984 and 52/100 feet, 45 and 22/100 chains, south from the northwest corner of section 18, township 118 north, range 57 west on the section line between section 18, township 118 north, range 57 west, and section 13, township 118 north, range 58 west; then 175 feet north along the section line between sections 18 and 13; then north 111 degrees east, 460 feet; then north 113 degrees east, 1,360 feet; then north 120 degrees east, 409 feet; then north 185 degrees east, 711 feet; then north 159 degrees east, 1,500 feet; then north 168 degrees east, 1,140 feet; then south 90 degrees east, 400 feet; then south 90 degrees east, 700 feet; then south 89 degrees west, 1,843 feet; then south 153 degrees west, 190 feet; then south 162 degrees 30 minutes west, 270 feet; then south 167 degrees west, 525 feet; then south 178 degrees west, 920 feet; then south 141 degrees west, 526 feet; then south 120 degrees west, 730 feet to a point on the section line between section 18, township 118 north, range 57 west and section 19, township 118 north, range 57 west, 1,755 feet west of the southeast corner of section 18, township 118 north, range 57 west; and
(2) Antelope Lake State Waterfowl Refuge comprises all of section 30 township 116 north, range 57 west of the fifth principal meridian.
General Authority:
SDCL  41-2-18.
Law Implemented:
SDCL  41-2-18.
South Dakota Administrative Rules › Title 41 - Department of Game, Fish And Parks › Article 41:05 - Refuges › Chapter 41:05:02 - State game refuges › Section 41:05:02:15

Current through Register Vol. 51, page 10, July 15, 2024
General Authority:
SDCL  41-2-18(6).
Law Implemented:
SDCL  41-2-18(6).
South Dakota Administrative Rules › Title 41 - Department of Game, Fish And Parks › Article 41:05 - Refuges › Chapter 41:05:02 - State game refuges › Section 41:05:02:18 - Day County game refuges

Current through Register Vol. 51, page 10, July 15, 2024
Waubay State Game Bird Refuge in Day County comprises the lands and waters below the ordinary high-water mark associated with Hillebrand's Lake, Spring Lake, and Swan Pond.
General Authority:
SDCL  41-2-18(6).
Law Implemented:
SDCL  41-2-18(6).
South Dakota Administrative Rules › Title 41 - Department of Game, Fish And Parks › Article 41:05 - Refuges › Chapter 41:05:02 - State game refuges › Section 41:05:02:20

Current through Register Vol. 51, page 10, July 15, 2024
General Authority:
SDCL  41-2-18.
Law Implemented:
SDCL  41-2-18.
South Dakota Administrative Rules › Title 41 - Department of Game, Fish And Parks › Article 41:05 - Refuges › Chapter 41:05:02 - State game refuges › Section 41:05:02:22 - Edmunds County refuges

Current through Register Vol. 51, page 10, July 15, 2024
Scatterwood State Waterfowl Refuge in Edmunds County comprises the water and islands of North Scatterwood Lake, in addition to that part of the refuge located in Faulk County.
General Authority:
SDCL  41-2-18(6).
Law Implemented:
SDCL  41-2-18(6).
South Dakota Administrative Rules › Title 41 - Department of Game, Fish And Parks › Article 41:05 - Refuges › Chapter 41:05:02 - State game refuges › Section 41:05:02:24 - Faulk County refuges

Current through Register Vol. 51, page 10, July 15, 2024
Faulk County refuges are as follows:
(1) Gerken State Game Bird Refuge comprises the east half of section 30 and the west half of the west half of section 29, township 118 north, range 67 west of the fifth principal meridian;
(2) Scatterwood Lake State Waterfowl Refuge comprises the water and islands of North Scatterwood Lake, in addition to that part of the refuge located in Edmunds County.
General Authority:
SDCL  41-2-18(6).
Law Implemented:
SDCL  41-2-18(6).
South Dakota Administrative Rules › Title 41 - Department of Game, Fish And Parks › Article 41:05 - Refuges › Chapter 41:05:02 - State game refuges › Section 41:05:02:25 - Grant County refuges

Current through Register Vol. 51, page 10, July 15, 2024
Grant County refuges are as follows:
(1) Eye State Game Refuge comprises outlet one of government lot three in the southeast quarter of section nine, township 121 north, range 48 west of the fifth principal meridian;
(2) Lake Albert State Waterfowl Refuge comprises government lots one, two, four, and those portions of government lots three and five located in the southwest quarter of section 35, township 121 north, range 47 west of the fifth principal meridian; government lots one (except the north 40 rods), two, four, five, six, seven, eight, nine, and the northeast quarter of the southeast quarter and the southeast quarter of the southeast quarter of section one, township 120 north, range 48 west; and the north half of the southwest quarter and all but the north 40 rods of the northwest quarter of section six, township 120 north, range 47 west;
(3) Big Stone Power Plant Waterfowl Refuge comprises all of section 12, township 121 north, range 47 west except all land and water within the fence surrounding the cooling pond; the evaporation pond in section 7, township 121 north, range 46 west and a 100-yard-wide area adjacent to the evaporation pond fence including road rights-of-way; the south 660 feet of section 1, township 121 north, range 47 west; the south 660 feet of the southwest quarter of section 6, township 121 north, range 46 west; the south 660 feet of the southwest quarter of the southeast quarter in section 6, township 121 north, range 46 west; and that portion of land in section 11, township 121 north, range 47 west that is enclosed by the railroad track unloading loop and that is bounded on the west and north by the railroad track unloading loop.
General Authority:
SDCL  41-2-18(6).
Law Implemented:
SDCL  41-2-18(6).
Waterfowl hunting seasons, ch 41:06:16.
South Dakota Administrative Rules › Title 41 - Department of Game, Fish And Parks › Article 41:05 - Refuges › Chapter 41:05:02 - State game refuges › Section 41:05:02:26

Current through Register Vol. 51, page 10, July 15, 2024
General Authority:
SDCL  41-2-18.
Law Implemented:
SDCL  41-2-18.
South Dakota Administrative Rules › Title 41 - Department of Game, Fish And Parks › Article 41:05 - Refuges › Chapter 41:05:02 - State game refuges › Section 41:05:02:29 - Hand County refuges

Current through Register Vol. 51, page 10, July 15, 2024
Wall Lake State Game Bird Refuge in Hand County is comprised of the south half and the south half of the north half of section eight; all of section nine; southwest quarter, south half of the northwest quarter, and the northeast quarter of the northwest quarter of section ten; the northwest quarter and the north half of the northeast quarter of section sixteen; and the northeast quarter of the northeast quarter of section seventeen; all in township one hundred nine north, range sixty-eight west of the fifth principal meridian.
General Authority:
SDCL  41-2-18(6).
Law Implemented:
SDCL  41-2-18(6).
South Dakota Administrative Rules › Title 41 - Department of Game, Fish And Parks › Article 41:05 - Refuges › Chapter 41:05:02 - State game refuges › Section 41:05:02:32 - Hughes County refuges

Current through Register Vol. 51, page 10, July 15, 2024
LaFramboise Island State Game Bird Refuge in Hughes County comprises all the land area on the island known as LaFramboise Island lying between the cities of Pierre and Ft. Pierre.
General Authority:
SDCL  41-2-18(6).
Law Implemented:
SDCL  41-2-18(6).
South Dakota Administrative Rules › Title 41 - Department of Game, Fish And Parks › Article 41:05 - Refuges › Chapter 41:05:02 - State game refuges › Section 41:05:02:33 - Hutchinson County refuges

Current through Register Vol. 51, page 10, July 15, 2024
Silver Lake Waterfowl Refuge in Hutchinson County comprises all of Silver Lake below the high-water mark including all islands and bars lying within the high-water mark.
General Authority:
SDCL  41-2-18(6).
Law Implemented:
SDCL  41-2-18(6).
South Dakota Administrative Rules › Title 41 - Department of Game, Fish And Parks › Article 41:05 - Refuges › Chapter 41:05:02 - State game refuges › Section 41:05:02:38

Current through Register Vol. 51, page 10, July 15, 2024
General Authority:
SDCL  41-2-18.
Law Implemented:
SDCL  41-2-18.
South Dakota Administrative Rules › Title 41 - Department of Game, Fish And Parks › Article 41:05 - Refuges › Chapter 41:05:02 - State game refuges › Section 41:05:02:42

Current through Register Vol. 51, page 10, July 15, 2024
General Authority:
SDCL  41-2-18.
Law Implemented:
SDCL  41-2-18.
South Dakota Administrative Rules › Title 41 - Department of Game, Fish And Parks › Article 41:05 - Refuges › Chapter 41:05:02 - State game refuges › Section 41:05:02:45 - Marshall County refuges

Current through Register Vol. 51, page 10, July 15, 2024
White Lake State Game Bird Refuge in Marshall County comprises the southeast quarter of section 25, and all of section 36, township 128 north, range 57 west of the fifth principal meridian.
General Authority:
SDCL  41-2-18(6).
Law Implemented:
SDCL  41-2-18(6).
South Dakota Administrative Rules › Title 41 - Department of Game, Fish And Parks › Article 41:05 - Refuges › Chapter 41:05:02 - State game refuges › Section 41:05:02:52 - Perkins County refuges

Current through Register Vol. 51, page 10, July 15, 2024
Shadehill State Waterfowl Refuge in Perkins County comprises that portion of the U.S. bureau of reclamation take land lying within the west half of section 30, township 21 north, range 16 east; the south half of the north half and the south half of section 25, township 21 north, range 15 east; and the area lying within the ordinary high water mark of the north half of section 36, township 21 north, range 15 east of the Black Hills meridian.
General Authority:
SDCL  41-2-18(6).
Law Implemented:
SDCL  41-2-18(6).
South Dakota Administrative Rules › Title 41 - Department of Game, Fish And Parks › Article 41:05 - Refuges › Chapter 41:05:02 - State game refuges › Section 41:05:02:53

Current through Register Vol. 51, page 10, July 15, 2024
General Authority:
SDCL  41-2-18.
Law Implemented:
SDCL  41-2-18.
South Dakota Administrative Rules › Title 41 - Department of Game, Fish And Parks › Article 41:05 - Refuges › Chapter 41:05:02 - State game refuges › Section 41:05:02:54 - Roberts County refuges

Current through Register Vol. 51, page 10, July 15, 2024
Roberts County refuges are as follows:
(1) Cottonwood Lake State Waterfowl Refuge comprises all of Cottonwood Lake within the water's edge in sections 20, 28, 29, 32, and 33, township 128 north, range 49 west of the fifth principal meridian, including all islands and bars within the water's edge;
(2) Bullhead State Waterfowl Refuge comprises all of Bullhead Lake within the waters edge in sections 25, 26, 27, 34, and 35, township 123 north, range 49 west of the fifth principal meridian, including all islands and bars within the waters edge.
General Authority:
SDCL  41-2-18(6).
Law Implemented:
SDCL  41-2-18(6).