ARSD Article 41:07 — FISHING SEASONS AND METHODS

GAME, FISH AND PARKS GAME, FISH AND PARKS

Chapter 41:07:01

ARSD 41:07:01:01 Definition of terms

As used in this article:

(1) "Artificial lures" means flies, jigs, spoons, spinners, and plugs made of metal, plastic, wood, hair, feathers, and other inedible materials, but not fish eggs, moldable scented baits, naturally occurring foods, or man-made food;

(2) "Black Hills Fish Management Area" means the waters in that portion of the Black Hills within the boundary beginning at the junction of the South Dakota-Wyoming state line and the Redwater River, then easterly along the Redwater River to U. S. Highway 85, then southerly along U.S. Highway 85 to Interstate 90, then southeasterly along Interstate 90 to U.S. Highway 16T in Rapid City, then southerly along U.S. Highway 16T to State Highway 79, then southerly along State Highway 79 to Maverick Junction near the city of Hot Springs, then westerly on State Highway 18 to Edgemont, then northwesterly along the Burlington Northern Railroad to the South Dakota-Wyoming state line, then north along the state line to the point of beginning;

(3) "Bow and arrow" means a hand-drawn bow that has an arrow with at least one barbed point attached to the bow by a line;

(4) "Catch and release" means the immediate release of a fish unharmed back into the water from which it was caught;

(5) "Crossbow" means a bow mounted crosswise on a stock equipped with a functional mechanical safety device that discharges a projectile with at least one barbed point attached to the crossbow by a line;

(6) "Floatline" means any line, with no mechanical reel, which is attached to a float and free-floating in the water, while fishing;

(7) "Foul hooked" means a circumstance in which a fish is inadvertently snagged in a body area other than the mouth, by a conventional lure, while being legally pursued by a normal fishing method;

(8) "Inland waters" means all waters of the state except, those defined in this section as South Dakota-Iowa boundary waters, South Dakota-Minnesota boundary waters, and South Dakota-Nebraska boundary waters;

(9) "Length" means the total length of a fish, in inches, as measured in a straight line, along a flat surface, from the tip of the snout to the tip of the tail, except as otherwise provided in § 41:07:05:03;

(10) "Line" means a length of string or cord, to which a hook or artificial lure is attached, for the purpose of catching fish;

(11) "Possession limit" means the maximum number of fish, excluding those stored at a person's domicile, as defined by SDCL 41-1-1, that a person may possess or control, as long as the fish were taken in compliance with daily limits;

(12) "Setline" means a line with no mechanical reel that is attached to shore, or to an object at both ends, and left unattended;

(13) "Snagging" means a fishing method intentionally used to hook a fish in a body area other than the mouth, by using a snaghook that is rapidly and intermittently jerked through the water;

(14) "Snaghook" means a hook or lure used for snagging;

(15) "South Dakota-Iowa boundary waters" means all waters of the Big Sioux River forming the South Dakota and Iowa boundary;

(16) "South Dakota-Minnesota boundary waters" means all waters of Lake Hendricks, Big Stone Lake, Lake Traverse, Mud Lake, the Boise de Sioux River, and any other waters forming the South Dakota and Minnesota boundary;

(17) "South Dakota-Nebraska boundary waters" means all waters of Lake Yankton, Lake Lewis and Clark, and the Missouri River, including its backwaters, chutes, sloughs, and oxbows, forming the South Dakota and Nebraska boundary;

(18) "Spear" means a shaft with a sharp, barbed point propelled by muscle-power;

(19) "Speargun" means a muscle-loaded device that propels a spear attached to a line no more than 20 feet long; and

(20) "Walleye" means specie of walleye, sauger, and walleye-sauger hybrids.

History

• Source: SL 1975, ch 16, § 1; 4 SDR 31, effective November 27, 1977; 7 SDR 48, effective November 25, 1980; 10 SDR 76, 10 SDR 102, effective July 1, 1984; 12 SDR 92, effective December 4, 1985; 15 SDR 88, effective December 18, 1988; 19 SDR 82, effective December 7, 1992; 22 SDR 82, effective December 10, 1995; 23 SDR 87, effective December 3, 1996; 29 SDR 80, effective December 10, 2002; 32 SDR 109, effective December 27, 2005; 33 SDR 1, effective July 18, 2006; 37 SDR 112, effective December 8, 2010; 38 SDR 116, effective January 10, 2012; 41 SDR 107, effective January 5, 2015; 42 SDR 93, effective December 30, 2015; 45 SDR 89, effective December 31, 2018; 46 SDR 116, effective April 29, 2020; 48 SDR 60, effective December 8, 2021.
• General Authority: SDCL 41-2-18(1)(2)(14)(15)(17).
• Law Implemented: SDCL 41-2-18(1)(2)(14)(15)(17).

ARSD 41:07:01:02 South Dakota-Minnesota reciprocal access agreement

Residents of this state and residents of Minnesota may only fish the South Dakota-Minnesota boundary waters if they are in possession of a valid resident fishing license issued by the state where they reside or are otherwise authorized to fish in the state where they reside. Residents of foreign countries or states other than this state or Minnesota may fish the boundary waters only if they are in possession of a valid nonresident fishing license issued by either state or if they are otherwise lawfully authorized to fish by either state. If the laws of either state differ, anglers must comply with the laws and rules of the state in which they are licensed. Anglers who are licensed by Minnesota who lawfully take fish in the South Dakota-Minnesota boundary waters may transport their fish to Minnesota by the most direct route.

History

• Source: SL 1975, ch 16, § 1; 1 SDR 38, effective January 1, 1975; 10 SDR 76, 10 SDR 102, effective July 1, 1984; 21 SDR 102, effective December 8, 1994; 22 SDR 82, effective December 10, 1995; 46 SDR 116, effective April 29, 2020.
• General Authority: SDCL 41-2-18(1)(2)(5)(15), 41-8-40.
• Law Implemented: SDCL 41-2-18(1)(2)(5)(15), 41-8-40, 41-12-19.

ARSD 41:07:01:02.01 South Dakota-Nebraska reciprocal access agreement

Any person possessing a valid fishing license or permit issued by this state or Nebraska, or who is legally exempted from license or permit requirements may fish from a boat or bank with a hook and line, bow and arrow (paddlefish and rough fish), spear, or spear gun, or by snagging (paddlefish) in the South Dakota-Nebraska boundary waters. The person may also fish with a hook and line, bow and arrow (paddlefish and rough fish), spear, or spear gun, or by snagging (paddlefish) in the South Dakota portion of any oxbow lake in the South Dakota-Nebraska boundary waters. From Gavins Point Dam to 0.6 mile downstream, a nonresident Nebraska fishing permit is required of any person who is not a resident of Nebraska or this state if fishing from a boat or either bank. Any reciprocal privilege granted in this section is contingent upon a grant of a like privilege by the state of Nebraska to any hook and line angler who is licensed or exempted by this state. Any angler fishing in the South Dakota-Nebraska boundary waters shall follow the laws and regulations of the state in which the angler is licensed or the state in which the angler is fishing, whichever are more restrictive.

History

• Source: 4 SDR 31, effective November 27, 1977; 10 SDR 76, 10 SDR 102, effective July 1, 1984; 27 SDR 47, effective November 12, 2000; 34 SDR 179, effective December 24, 2007; 38 SDR 116, effective January 10, 2012; 46 SDR 116, effective April 29, 2020.
• General Authority: SDCL 41-2-18(1)(2)(5)(15).
• Law Implemented: SDCL 41-2-18(1)(2)(5)(15), 41-8-40, 41-12-19.

ARSD 41:07:01:02.02 South Dakota-Iowa reciprocal access agreement

If the state of Iowa grants reciprocal privileges to lawful South Dakota anglers any lawful Iowa angler may fish from a boat or either bank in the South Dakota-Iowa boundary waters of the Big Sioux River if the angler complies with the laws of the state in which the angler is licensed or the laws of the state in which the angler is fishing, whichever are more restrictive.

History

• Source: 16 SDR 114, effective January 18, 1990; 27 SDR 47, effective November 12, 2000.
• General Authority: SDCL 41-2-18(1)(2)(5)(15).
• Law Implemented: SDCL 41-2-18(1)(2)(5)(15), 41-8-40, 41-12-19.

ARSD 41:07:01:03 Baitfish use restricted

A person may not use or possess minnows or live baitfish at or adjacent to Lake Creek, Cedar Creek Dam No. 1, and Cedar Creek Dam No. 2 on the Lacreek National Wildlife Refuge in Bennett County.

History

• Source: SL 1975, ch 16, § 1; 3 SDR 40, effective January 1, 1977; 4 SDR 31, effective November 27, 1977; 5 SDR 46, effective January 1, 1979; 6 SDR 60, effective January 1, 1980; 7 SDR 103, effective May 14, 1981; 9 SDR 76, effective December 23, 1982; 10 SDR 48, effective November 22, 1983; 10 SDR 76, 10 SDR 102, effective July 1, 1984; 11 SDR 80, effective December 16, 1984; 12 SDR 92, effective December 4, 1985; 14 SDR 81, effective December 10, 1987; 15 SDR 88, effective December 18, 1988; 16 SDR 114, effective January 18, 1990; 17 SDR 78, effective December 10, 1990; 19 SDR 82, effective December 7, 1992; 20 SDR 87, effective December 13, 1993; 21 SDR 102, effective December 8, 1994; 22 SDR 82, effective December 10, 1995; 23 SDR 87, effective December 3, 1996; 25 SDR 85, effective December 21, 1998; 27 SDR 47, effective November 12, 2000; 28 SDR 84, effective December 20, 2001; 29 SDR 80, effective December 10, 2002; 31 SDR 89, effective December 27, 2004; 36 SDR 112, effective January 11, 2010; 38 SDR 116, effective January 10, 2012; 42 SDR 93, effective December 30, 2015; 43 SDR 89, effective December 29, 2016.
• General Authority: SDCL 41-2-18(1)(2)(14)(15)(17).
• Law Implemented: SDCL 41-2-18(1)(2)(14)(15)(17).

ARSD 41:07:01:04 Repealed

History

• Source: SL 1975, ch 16, § 1; repealed, 3 SDR 40, effective January 1, 1977; readopted, 6 SDR 60, effective January 1, 1980; repealed, 8 SDR 19, effective August 31, 1981.

ARSD 41:07:01:05 No-fishing zones

History

• Source: SL 1975, ch 16, § 1; 9 SDR 76, effective December 23, 1982; 10 SDR 48, effective November 22, 1983; 10 SDR 76, 10 SDR 102, effective July 1, 1984; 11 SDR 80, effective December 16, 1984; 12 SDR 92, effective December 4, 1985; 15 SDR 88, effective December 18, 1988; 18 SDR 98, effective December 12, 1991; 20 SDR 87, effective December 13, 1993; 21 SDR 102, effective December 8, 1994; 28 SDR 84, effective December 20, 2001; 38 SDR 116, effective January 10, 2012; 46 SDR 116, effective April 29, 2020.
• General Authority: SDCL 41-2-18(1)(2).
• Law Implemented: SDCL 41-2-18(1)(2), 41-3-1, 41-3-10.

ARSD 41:07:01:06 Artificial lights

A person may use artificial lights while fishing with legal methods.

History

• Source: SL 1975, ch 16, § 1; 6 SDR 60, effective January 1, 1980; repealed, 10 SDR 76, 10 SDR 102, effective July 1, 1984; readopted, 26 SDR 85, effective December 26, 1999; repealed, 39 SDR 100, effective December 3, 2012; readopted, 41 SDR 107, effective January 5, 2015.
• General Authority: SDCL 41-2-18(2)(5)(14)(15).
• Law Implemented: SDCL 41-2-18(2)(5)(14)(15).

ARSD 41:07:01:07 Transportation and storage of fish

No person may possess fish on the ice or transport dressed fish from the waters of this state to the person's domicile unless those fish can be readily counted. Two fillets are the equivalent of one fish. Frozen fish shall be packaged individually when transported or when placed in public storage. Fish placed in public storage shall be identified and tagged according to the requirements set forth in SDCL 41-14-4.

History

• Source: SL 1975, ch 16, § 1; 8 SDR 58, effective November 30, 1981; 10 SDR 76, 10 SDR 102, effective July 1, 1984; 11 SDR 80, effective December 16, 1984; 15 SDR 88, effective December 18, 1988; 16 SDR 114, effective January 18, 1990; 21 SDR 102, effective December 8, 1994; 35 SDR 47, effective September 8, 2008; 43 SDR 89, effective December 29, 2016.
• General Authority: SDCL 41-2-18(2).
• Law Implemented: SDCL 41-2-18(2).

ARSD 41:07:01:07.01 Fish transportation permits

Except as provided in § 41:07:01:07.02, a person transporting another person's legally taken fish shall obtain a transportation permit which is available without fee from an authorized department representative.

History

• Source: 12 SDR 22, effective August 21, 1985; 35 SDR 47, effective September 8, 2008
• General Authority: SDCL 41-2-18(2).
• Law Implemented: SDCL 41-2-18(2).

ARSD 41:07:01:07.02 Gifting of fish allowed -- Conditions

A licensee may gift fish, or any part thereof, to another person if:

(1) The fish was lawfully taken, caught, or killed; and

(2) The number or amount of fish gifted does not place the recipient in violation of any season, daily, or possession limit established for the species of fish being gifted.

If gifting to an unlicensed person, the licensee shall gift the fish at the domicile of the recipient. For the purpose of this section, the term, gift, means the voluntary transfer of fish from any person to another person made without fee or consideration.

History

• Source: 35 SDR 47, effective September 8, 2008; 46 SDR 116, effective April 29, 2020.
• General Authority: SDCL 41-2-18(2).
• Law Implemented: SDCL 41-2-18(2).

ARSD 41:07:01:07.03 Temporary possession of fish allowed for charitable and non-profit organizations -- Permit requirements

Legally possessed fish by licensed anglers may be gifted to a charitable or nonprofit organization under the following conditions:

(1) Only a South Dakota charitable or nonprofit organization registered in good standing with the Secretary of State may be permitted;

(2) Fish, including processed fish, may be transported only by a person authorized under the permit;

(3) Fish may be held in temporary possession at a specific location identified in the permit application if the fish is tagged in accordance with SDCL 41-14-4;

(4) Any fish held in temporary possession shall be accounted for in records maintained by the applicant,and the records shall conform with the provisions of § 41:06:03:11;

(5) No charitable or nonprofit organization may distribute fish in a manner that would place the recipient in violation of § 41:07:01:07, or any season, daily, or possession limit established for the species of fish being gifted;

(6) The charitable or nonprofit organization may distribute fish through a food pantry or charitable food distribution program or directly to any person in need. In each case, the charitable or nonprofit organization shall provide a written receipt on forms provided by the department;

(7) If specified in the permit, a charitable or nonprofit organization may be authorized to cook and serve fish held in temporary possession at a charitable event if the fish are not sold or offered for sale;

(8) No fish may remain in temporary possession of a charitable or nonprofit organization for a period exceeding one year; and

(9) Any fish transported or possessed under a permit is subject to inspection by any law enforcement officer during normal business hours.

History

• Source: 38 SDR 116, effective January 10, 2012; 46 SDR 116, effective April 29, 2020.
• General Authority: SDCL 41-2-18(1)(2).
• Law Implemented: SDCL 41-2-18(1)(2).

ARSD 41:07:01:08 Maximum number of hooks and lines allowed

Except as otherwise provided in this article, a person may not fish with more than two lines with more than three hooks per line. Artificial lures constitute one hook, regardless of the number of gang hooks attached. A bow and arrow, crossbow, spear, or speargun is to be counted as one line when anglers are using multiple methods of take.

History

• Source: 4 SDR 31, effective November 27, 1977; 10 SDR 76, 10 SDR 102, effective July 1, 1984; 38 SDR 116, effective January 10, 2012; 46 SDR 116, effective April 29, 2020.
• General Authority: SDCL 41-2-18(2), 41-12-6.
• Law Implemented: SDCL 41-2-18(2), 41-12-6.

ARSD 41:07:01:09 Additional lines allowed for ice fishing

A person may not fish through the ice with more than four lines. Persons ice fishing on the South Dakota-Minnesota boundary waters may fish with no more than two lines.

History

• Source: 4 SDR 31, effective November 27, 1977; 5 SDR 46, effective January 1, 1979; 10 SDR 76, 10 SDR 102, effective July 1, 1984; 46 SDR 116, effective April 29, 2020.
• General Authority: SDCL 41-2-18(2), 41-12-6.
• Law Implemented: SDCL 41-2-18(2), 41-12-6.

ARSD 41:07:01:10 Repealed

History

• Source: 4 SDR 31, effective November 27, 1977; 10 SDR 76, 10 SDR 102, effective July 1, 1984; 31 SDR 89, effective December 27, 2004; 38 SDR 116, effective January 10, 2012; 45 SDR 89, effective December 31, 2018.

ARSD 41:07:01:11 Introduction of fish and other species into state waters prohibited

History

• Source: 8 SDR 58, effective November 30, 1981; 10 SDR 76, 10 SDR 102, effective July 1, 1984; 12 SDR 92, effective December 4, 1985; 16 SDR 114, effective January 18, 1990; 31 SDR 89, effective December 27, 2004; 32 SDR 109, effective December 27, 2005; 35 SDR 184, effective February 2, 2009; 38 SDR 116, effective January 10, 2012; 46 SDR 116, effective April 29, 2020.
• General Authority: SDCL 41-2-18(1)(2).
• Law Implemented: SDCL 41-2-18(1)(2), 41-3-1, 41-3-8, 41-3-10, 41-3-12, 41-3-13.

ARSD 41:07:01:12 Fishing license fees

Fishing license fees are as follows:

(1) Resident fishing license, thirty-one dollars;

(2) Resident senior fishing license, age sixty-five or over, seventeen dollars;

(3) Nonresident fishing license, eighty dollars;

(4) One-day fishing license, valid from 12:01 a.m. to 12:00 midnight, inclusive:

(a) Resident, ten dollars; and

(b) Nonresident, twenty-six dollars;

(5) Nonresident three-consecutive-days fishing license, forty-five dollars;

(6) Special paddlefish permit:

(a) Resident, thirty dollars; and

(b) Nonresident, fifty dollars;

(7) Resident hoop and trap net license, ten dollars; and

(8) Resident setline license, five dollars.

Cross-References: License fee -- Expiration, § 41:09:14:01;

Application procedure for licenses issued for a reduced fee based on total disability and other qualifications, § 41:09:12:06.

History

• Source: 10 SDR 148, effective July 11, 1984; 14 SDR 40, effective September 23, 1987; 23 SDR 38, effective September 26, 1996; 23 SDR 87, effective December 3, 1996; 24 SDR 72, effective November 30. 1997; 25 SDR 43, effective September 28, 1998; 25 SDR 85, adopted December 24, 1998, effective January 1, 1999; 27 SDR 47, effective November 12, 2000; 30 SDR 99, effective December 22, 2003; 31 SDR 83, effective December 12, 2004; 35 SDR 184, effective February 2, 2009; 37 SDR 112, effective December 8, 2010; 40 SDR 113, effective December 16, 2013; 45 SDR 89, effective December 31, 2018; 47 SDR 137, effective June 29, 2021; 50 SDR 62, effective November 27, 2023; 51 SDR 53, effective November 11, 2024.
• General Authority: SDCL 41-2-18(18), 41-6-10(8)(23).
• Law Implemented: SDCL 41-2-18(1)(2)(18).

ARSD 41:07:01:13 Snagging prohibited -- Foul-hooked fish

Intentional snagging of fish with any fishing tackle is prohibited except as otherwise specifically allowed by rule. Fish foul-hooked while fishing in a conventional manner may be retained as part of the legal limit.

Cross-References: Liberalized fishing waters restrictions, § 41:07:01:10; Snagging of paddlefish, ch 41:07:05.

History

• Source: 12 SDR 92, effective December 4, 1985; 21 SDR 102, effective December 8, 1994; 46 SDR 116, effective April 29, 2020.
• General Authority: SDCL 41-2-18(2), 41-12-12.
• Law Implemented: SDCL 41-2-18(2), 41-12-12.

ARSD 41:07:01:14 High-grading of fish prohibited

Any walleye caught and reduced to possession by placing it on a stringer or placing it in a livewell or other storage container may not be exchanged for a walleye caught subsequently.

In the Black Hills Fish Management Area, any trout caught and reduced to possession by placing it on a stringer or placing it in a livewell or other storage container may not be exchanged for another trout caught subsequently.

History

• Source: 25 SDR 85, effective December 21, 1998; 28 SDR 84, effective December 20, 2001; 30 SDR 99, effective December 22, 2003; 38 SDR 116, effective January 10, 2012; 42 SDR 93, effective December 30, 2015; 46 SDR 116, effective April 29, 2020.
• General Authority: 41-2-18(1)(2).
• Law Implemented: 41-2-18(1)(2).

ARSD 41:07:01:15 Repealed

History

• Source: 27 SDR 47, effective November 12, 2000; 43 SDR 89, effective December 29, 2016.

ARSD 41:07:01:16 Ice fishing shelter removal deadlines

On South Dakota-Minnesota border waters no ice fishing house, fishing shanty, or other structure or shelter may remain upon the ice later than March 5 of each year, unless authorized by the secretary. After this date, a shelter may be used on the ice and removed daily and may only remain on the ice between midnight and one hour before sunrise when occupied or attended.

History

• Source: 28 SDR 84, effective December 20, 2001; 30 SDR 99, effective December 22, 2003; 37 SDR 112, effective December 8, 2010; 46 SDR 116, effective April 29, 2020; 49 SDR 46, effective November 21, 2022.
• General Authority: SDCL 41-2-18(5)(14), 41-12-3.
• Law Implemented: SDCL 41-2-18(5)(14), 41-12-3.

ARSD 41:07:01:17 Liberalized taking of silver carp, bighead carp, rough fish, smelt, and lake herring

Smelt and lake herring may be taken by hook and line, seines, lift nets, cast nets, and dip nets. Silver carp and bighead carp which inadvertently jump into any boat or are netted from the air using a dip net, may be retained. Silver carp, bighead carp, and rough fish may be taken with dip nets. No person may transport live smelt or live fish classified as aquatic invasive species in § 41:10:04:01 away from the water in which they were taken.

History

• Source: 37 SDR 112, effective December 8, 2010; 41 SDR 107, effective January 5, 2015; 46 SDR 116, effective April 29, 2020; 49 SDR 46, effective November 21, 2022; 50 SDR 62, effective November 27, 2023.
• General Authority: SDCL 41-2-18(5)(14).
• Law Implemented: SDCL 41-2-18(5)(14).

ARSD 41:07:01:18 Felt sole footwear prohibited

No external felt sole footwear including boots and waders may be used in the waters of the state, except that a state or federal employee or emergency personnel, including fire, law enforcement, and emergency medical technician personnel, may use external felt sole footwear in the discharge of official duties.

History

• Source: 40 SDR 113, effective December 16, 2013.
• General Authority: SDCL 41-2-18(1)(5).
• Law Implemented: SDCL 41-2-18(1)(5).

ARSD 41:07:01:19 Commercial take of white bass

White bass are declared to be rough fish for the purpose of contract commercial fishing. A holder of a rough fish removal contract may take and sell white bass from waters and in amounts dictated by the terms of the holder's rough fish removal contract.

History

• Source: 42 SDR 93, effective December 30, 2015.
• General Authority: SDCL 41-2-18(1)(2)(14)(15)(17), 41-13-6.
• Law Implemented: SDCL 41-2-18(1)(2)(14)(15)(17).

ARSD 41:07:01:20 Authorization for landowner to perform fisheries management activities -- Conditions

The Secretary may, without fee, authorize a landowner, or the landowner's designee, to conduct fisheries management activities on man-made impoundments that only inundate private land, under the following conditions:

(1) The authorized landowner, or the landowner's designee, shall notify a Conservation Officer prior to transporting live fish or fish in quantities exceeding applicable fish limits away from the private land where the waters are located;

(2) Except as provided in SDCL 41-6-2, persons fishing in waters included in this authorization shall abide by applicable fish limits in accordance with chapter 41:07:03; and

(3) If a requested water is not entirely owned by the applicant, then the applicant must provide with the application a copy of the lease or easement.

Activities permitted under this authorization include the use of special equipment, stocking permitted species of fish, chemical control of vegetation, and fish removal beyond the allowance of the applicable fish limit.

Cross references: Nets, seines, and similar devices, weirs, dams, and artificial obstructions prohibited -- Violation as misdemeanor -- Permits for use of devices by private landowners, SDCL 41-12-9.

Use of explosives, electrical devices, and drugs as misdemeanor, SDCL 41-12-13.

Permit required to use plant control chemicals in game fish waters -- Violation as misdemeanor -- Promulgation of rules, SDCL 41-13-2.

Commission authority required to introduce fish or eggs into public waters -- Violation as misdemeanor, SDCL 41-13-3.

History

• Source: 43 SDR 89, effective December 29, 2016; 50 SDR 62, effective November 27, 2023.
• General Authority: SDCL 41-2-18(1)(2)(15).
• Law Implemented: SDCL 41-2-18(1)(2)(15).

Chapter 41:07:02

ARSD 41:07:02:01 Inland waters

Unless prohibited by § 41:07:01:05, all species of fish, other than those listed in §§ 41:10:02:05 and 41:10:02:06, may be fished by hook and line year-round within inland waters.

The following restrictions apply to inland waters:

(1) In Clark County, the waters of Indian Springs and Antelope Lake west of a line from 42750 174^th Street to 42750 177^th Street to 424^th Avenue are closed to fishing from a boat, from October twentieth through December thirty-first; and

(2) Baitfish may be taken year-round by licensed bait dealers and legal anglers in these waters, except as provided in § 41:09:04:03.

History

• Source: SL 1975, ch 16, § 1; 1 SDR 38, effective January 1, 1975; 7 SDR 69, effective January 25, 1981; 10 SDR 76, 10 SDR 102, effective July 1, 1984; 14 SDR 81, effective December 10, 1987; 21 SDR 102, effective December 8, 1994; 46 SDR 116, effective April 29, 2020; 48 SDR 132, effective July 5, 2022; 52 SDR 9, effective August 4, 2025.
• General Authority: SDCL 41-2-18(1)(2)(15)(17).
• Law Implemented: SDCL 41-2-18(1)(2)(17).

ARSD 41:07:02:02 South Dakota-Minnesota boundary waters

The fishing seasons in the South Dakota-Minnesota boundary waters are the same as established for inland waters.

History

• Source: SL 1975, ch 16, § 1; 2 SDR 36, effective November 12, 1975; 10 SDR 76, 10 SDR 102, effective July 1, 1984; 12 SDR 92, effective December 4, 1985; 13 SDR 96, effective January 25, 1987; 14 SDR 81, effective December 10, 1987; 22 SDR 82, effective December 10, 1995; 33 SDR 107, effective December 27, 2006; 45 SDR 89, effective December 31, 2018; 46 SDR 116, effective April 29, 2020.
• General Authority: SDCL 41-2-18(1)(2)(15).
• Law Implemented: SDCL 41-2-18(1)(2)(15), 41-12-19.

ARSD 41:07:02:02.01 South Dakota-Nebraska boundary waters

The fishing seasons in the South Dakota-Nebraska boundary waters are the same as established for inland waters except for the snagging season for paddlefish.

History

• Source: 4 SDR 31, effective November 27, 1977; 8 SDR 58, effective November 30, 1981; 10 SDR 76, 10 SDR 102, effective July 1, 1984; 30 SDR 99, effective December 22, 2003; 38 SDR 116, effective January 10, 2012; 46 SDR 116, effective April 29, 2020.
• General Authority: SDCL 41-2-18(1)(2)(15).
• Law Implemented: SDCL 41-2-18(1)(2)(15), 41-12-19.

ARSD 41:07:02:02.02 South Dakota-Iowa boundary waters

The fishing seasons in the South Dakota-Iowa boundary waters are the same as established for inland waters.

History

• Source: 16 SDR 114, effective January 18, 1990; 46 SDR 116, effective April 29, 2020.
• General Authority: SDCL 41-2-18(1)(2)(15).
• Law Implemented: SDCL 41-2-18(1)(2)(15), 41-12-19.

ARSD 41:07:02:03 Repealed

History

• Source: SL 1975, ch 16, § 1; 2 SDR 36, effective November 12, 1975; 3 SDR 40, effective January 1, 1977; 4 SDR 31, effective November 27, 1977; 5 SDR 46, effective January 1, 1979; 6 SDR 60, effective January 1, 1980; 7 SDR 69, effective January 25, 1981; 8 SDR 58, effective November 30, 1981; 10 SDR 76, 10 SDR 102, effective July 1, 1984; 12 SDR 92, effective December 4, 1985; 14 SDR 81, effective December 10, 1987; 15 SDR 88, effective December 18, 1988; 16 SDR 114, effective January 18, 1990; 20 SDR 87, effective December 13, 1993; 21 SDR 102, effective December 8, 1994; 27 SDR 47, effective November 12, 2000; 29 SDR 80, effective December 10, 2002; repealed, 31 SDR 89, effective December 27, 2004.

ARSD 41:07:02:03.01 Repealed

History

• Source: 27 SDR 13, effective August 27, 2000; 45 SDR 89, effective December 31, 2018.

ARSD 41:07:02:04 Repealed

History

• Source: SL 1975, ch 16, § 1; repealed, 4 SDR 31, effective November 27, 1977.

ARSD 41:07:02:05 Repealed

History

• Source: SL 1975, ch 16, § 1; 2 SDR 36, effective November 12, 1975; 4 SDR 31, effective November 27, 1977; 7 SDR 69, effective January 25, 1981; 8 SDR 58, effective November 30, 1981; 10 SDR 76, 10 SDR 102, effective July 1, 1984; 12 SDR 92, effective December 4, 1985; 14 SDR 81, effective December 10, 1987; 15 SDR 88, effective December 18, 1988; 16 SDR 114, effective January 18, 1990; 18 SDR 144, effective March 15, 1992; 20 SDR 87, effective December 13, 1993; 21 SDR 102, effective December 8, 1994; 22 SDR 82, effective December 10, 1995; 23 SDR 87, effective December 3, 1996; 24 SDR 72, effective November 30, 1997; 25 SDR 85, effective December 21, 1998; 29 SDR 80, effective December 10, 2002; 34 SDR 179, effective December 24, 2007; 39 SDR 100, effective December 3, 2012; 45 SDR 44, effective October 8, 2018; 45 SDR 89, effective December 31, 2018; 46 SDR 116, effective April 29, 2020.

Chapter 41:07:03

ARSD 41:07:03:01 Inland waters

Except as provided in § 41:07:03:03, in inland waters no person may harvest in one day or have in possession at any time more than the following:

(1) Five trout or salmon of any species combined, possession limit ten;

(2) Four walleye of any species combined, possession limit eight;

(3) Five largemouth bass or smallmouth bass or combination thereof, possession limit ten;

(4) Ten catfish of any species combined, possession limit 20, provided that no more than one flathead catfish may be over 30 inches in length

(5) Six northern pike, possession limit 12;

(6) Fifteen, bluegill and sunfish or combination thereof, possession limit 30 each;

(7) Fifteen crappie of any species combined, possession limit 30;

(8) Fifteen yellow perch, possession limit 30;

(9) The daily limit for smelt is five gallons, no possession limit;

(10) Unlimited number of rough fish, lake herring, lake whitefish, white bass, rock bass, and bullheads; and

(11) The season for all species of sturgeon is closed.

History

• Source: SL 1975, ch 16, § 1; 4 SDR 31, effective November 27, 1977; 5 SDR 46, effective January 1, 1979; 6 SDR 60, effective January 1, 1980; 7 SDR 48, effective November 25, 1980; 9 SDR 76, effective December 23, 1982; 10 SDR 48, effective November 22, 1983; 10 SDR 76, 10 SDR 102, effective July 1, 1984; 12 SDR 92, effective December 4, 1985; 13 SDR 68, effective December 11, 1986; 14 SDR 81, effective December 10, 1987; 15 SDR 88, effective December 18, 1988; 16 SDR 114, effective January 18, 1990; 17 SDR 78, effective December 10, 1990; 18 SDR 98, effective December 12, 1991; 19 SDR 82, effective December 7, 1992; 23 SDR 87, effective December 3, 1996; 25 SDR 85, effective December 21, 1998; 26 SDR 85, effective December 26, 1999; 27 SDR 47, effective November 12, 2000; 28 SDR 44, effective October 3, 2001; 28 SDR 84, effective December 20, 2001; 29 SDR 80, effective December 10, 2002; 29 SDR 107, effective February 3, 2003; 30 SDR 99, effective December 22, 2003; 31 SDR 89, effective December 27, 2004; 32 SDR 109, effective December 27, 2005; 33 SDR 107, effective December 27, 2006; 35 SDR 184, effective February 2, 2009; 37 SDR 112, effective December 8, 2010; 44 SDR 151, effective April 30, 2018; 45 SDR 89, effective December 31, 2018; 46 SDR 116, effective April 29, 2020.
• General Authority: SDCL 41-2-18(1)(2)(15)(17).
• Law Implemented: SDCL 41-2-18(1)(2)(15)(17).

ARSD 41:07:03:02 South Dakota-Minnesota boundary waters

In the South Dakota-Minnesota boundary waters, no person may harvest in one day or have in possession at any time more than:

(1) Six largemouth or smallmouth bass, or a combination thereof;

(2) Six northern pike;

(3) Four walleye of any species combined, only one of which may be twenty inches or greater in length;

(4) Five catfish of any species combined, only one of which may be twenty-four inches or greater in length;

(5) Ten crappie of any species combined;

(6) Fifteen yellow perch, possession limit thirty;

(7) One hundred bullheads;

(8) Twenty rock bass;

(9) Ten bluegill or sunfish, or combination thereof; and

(10) An unlimited number of rough fish and white bass.

The season for all species of sturgeon is closed, except a lake sturgeon season on Big Stone Lake that is open for catch-and-release angling from June sixteenth through April fourteenth.

History

• Source: SL 1975, ch 16, § 1; 6 SDR 60, effective January 1, 1980; 10 SDR 76, 10 SDR 102, effective July 1, 1984; 17 SDR 78, effective December 10, 1990; 22 SDR 82, effective December 10, 1995; 26 SDR 85, effective December 26, 1999; 30 SDR 171, effective May 11, 2004; 32 SDR 109, effective December 27, 2005; 37 SDR 112, effective December 8, 2010; 40 SDR 113, effective December 16, 2013; 46 SDR 116, effective April 29, 2020; 50 SDR 62, effective November 27, 2023.
• General Authority: SDCL 41-2-18(1)(2)(15)(17).
• Law Implemented: SDCL 41-2-18(1)(2)(15)(17).

ARSD 41:07:03:02.01 South Dakota-Nebraska boundary waters

In the South Dakota-Nebraska boundary waters, no person may harvest in one day or have in possession at any time more than the following:

(1) Four walleye of any species combined, possession limit eight, and for the boundary beginning at the state line below Fort Randall Dam downstream to Gavin's Point Dam the minimum length limit for walleye is 15 inches;

(2) Three northern pike, possession limit six;

(3) Five largemouth bass or smallmouth bass, or combination thereof, possession limit ten;

(4) Fifteen white bass, possession limit 30;

(5) Ten channel catfish, possession limit 20;

(6) Five flathead catfish, possession limit ten; provided that no more than one flathead catfish 30 inches in length or longer, may be kept daily;

(7) One blue catfish; and

(8) Five trout.

The daily and possession limits for other species are the same as established for inland waters.

The season for all species of sturgeon is closed.

History

• Source: 4 SDR 31, effective November 27, 1977; 5 SDR 46, effective January 1, 1979; 6 SDR 60, effective January 1, 1980; 7 SDR 48, effective November 25, 1980; 8 SDR 58, effective November 30, 1981; 9 SDR 76, effective December 23, 1982; 10 SDR 48, effective November 22, 1983; 10 SDR 76, 10 SDR 102, effective July 1, 1984; 13 SDR 68, effective December 11, 1986; 15 SDR 88, effective December 18, 1988; 16 SDR 114, effective January 18, 1990; 17 SDR 78, effective December 10, 1990; 18 SDR 98, effective December 12, 1991; 18 SDR 144, effective March 15, 1992; 25 SDR 85, effective December 21, 1998; 26 SDR 85, effective December 26, 1999; 27 SDR 47, effective November 12, 2000; 31 SDR 89, effective December 27, 2004; 32 SDR 109, effective December 27, 2005; 41 SDR 107, effective January 5, 2015; 42 SDR 93, effective December 30, 2015; 46 SDR 116, effective April 29, 2020; 46 SDR 147, effective July 2, 2020; 47 SDR 38, effective October 6, 2020.
• General Authority: SDCL 41-2-18(1)(2)(3)(15)(17).
• Law Implemented: SDCL 41-2-18(1)(2)(3)(15)(17).

ARSD 41:07:03:02.02 South Dakota-Iowa boundary waters

In the South Dakota-Iowa boundary waters, the daily and possession limits for all species are the same as those established for inland waters, with the following exceptions:

(1) The daily limit for channel catfish is 10 and the possession limit is 20;

(2) The daily limit for flathead catfish is five, the possession limit is 10, and no more than one flathead catfish 30 inches or longer may be kept daily;

(3) The daily and possession limit for blue catfish is one; and

(4) The season is closed for all species of sturgeon and paddlefish.

History

• Source: 26 SDR 85, effective December 26, 1999; 32 SDR 109, effective December 27, 2005; 34 SDR 179, effective December 24, 2007; 46 SDR 116, effective April 29, 2020; 48 SDR 60, effective December 8, 2021.
• General Authority: SDCL 41-2-18(1)(2)(15)(17).
• Law Implemented: SDCL 41-2-18(1)(2)(15)(17).

ARSD 41:07:03:03 Daily, possession, and length limit restrictions on special management waters -- Additional restrictions described

Daily limit, possession limit, length limit, and additional restrictions on special management waters are as follows:

(1) Catfish may be taken without limit on the Grand, Moreau, Cheyenne, Belle Fourche, Bad, White, and Little Missouri Rivers; and in the inland waters of the Missouri River and its impoundments;

(2) In the waters of Lake Yankton in Yankton County and Lake Mitchell in Davison County, the minimum length limit for largemouth and smallmouth bass is fifteen inches;

(3) In New Wall Dam in Pennington County, only those largemouth and smallmouth bass less than fourteen inches in length or eighteen inches or greater in length may be taken, and of the largemouth and smallmouth bass taken daily no more than one may be eighteen inches or greater in length;

(4) In the Black Hills Fish Management Area:

(a) The areas described in subsections (b), (c), and (d) are restricted to artificial lures only and the use or possession of worms, baitfish, salmon eggs, corn, marshmallows, insects, moldable scented bait or naturally occurring or man-made food intended to be used as bait, within one hundred feet of the water in those areas, is prohibited;

(b) Rapid Creek, including the Pactola Stilling Basin below Pactola Dam to the foot bridge at Placerville Camp and Upper and Lower Yates Ponds at Cheyenne Crossing, are restricted to catch and release;

(c) Rapid Creek in Rapid City from Jackson Boulevard upstream to Park Drive is restricted to catch and release;

(d) Spearfish Creek from Homestake Hydro Dam No. 2 to Maurice Dam is restricted to catch and release for rainbow trout. Other trout species may be retained within established limits; and

(e) Only one trout fourteen inches or greater in length, regardless of species, may be taken daily from streams within the Black Hills Fish Management Area. However, in the Black Hills Fish Management Area the minimum length limit for lake trout or brook trout-lake trout (splake) cross is twenty-four inches or greater and the daily limit is one;

(5) All waters statewide are restricted to catch and release only for muskellunge and northern-muskellunge (tiger) cross;

(6) The season on paddlefish is closed, except as provided in § 41:07:05:02;

(7) In inland waters only one walleye twenty inches or greater in length may be taken daily, except as provided in subdivisions (10) and (13) of this section;

(8) In Lakes Francis Case and Sharpe, the minimum length limit for walleye is fifteen inches, from September first through June thirtieth;

(9) In Angostura Reservoir, Shadehill Reservoir, and from the Ft. Randall Dam downstream to the South Dakota-Nebraska state line on the Missouri River, the minimum length limit for walleye is fifteen inches;

(10) In Twin Lakes in Minnehaha County and Horseshoe Lake in Day County, the daily limit for walleye of any species is one, twenty-eight inches or greater in length;

(11) In Lynn and Middle Lynn Lakes in Day County, Opitz Lake in Day and Marshall Counties, Newell Lake and Belle Fourche Reservoir, including the terminal drop canal, in Butte County, and Curlew Lake in Meade County, the daily limit for walleye of any species combined is two and the minimum length limit is fifteen inches;

(12) From the Ft. Randall Dam downstream to the South Dakota-Nebraska state line on the Missouri River, the daily limit for white bass is fifteen and the possession limit is thirty; and

(13) In Reetz Lake in Day County, the daily limit is: one walleye twenty-eight inches or greater in length; one yellow perch fourteen inches or greater in length; one black crappie fifteen inches or greater in length; and one bluegill ten inches or greater in length, from May first through September thirtieth.

History

• Source: SL 1975, ch 16, § 1; 2 SDR 36, effective November 12, 1975; 4 SDR 31, effective November 27, 1977; 5 SDR 46, effective January 1, 1979; 6 SDR 60, effective January 1, 1980; 7 SDR 48, effective November 25, 1980; 8 SDR 58, effective November 30, 1981; 9 SDR 76, effective December 23, 1982; 10 SDR 48, effective November 22, 1983; 10 SDR 76, 10 SDR 102, effective July 1, 1984; 11 SDR 80, effective December 16, 1984; 12 SDR 92, effective December 4, 1985; 13 SDR 68, effective December 11, 1986; 14 SDR 81, effective December 10, 1987; 15 SDR 88, effective December 18, 1988; 16 SDR 114, effective January 18, 1990; 17 SDR 87, effective December 10, 1990; 17 SDR 109, effective January 29, 1991; 18 SDR 98, effective December 12, 1991; 19 SDR 82, effective December 7, 1992; 19 SDR 108, effective January 26, 1993; 20 SDR 87, effective December 13, 1993; 21 SDR 102, effective December 8, 1994; 22 SDR 82, effective December 10, 1995; 23 SDR 87, effective December 3, 1996; 24 SDR 72, effective November 30, 1997; 25 SDR 85, effective December 21, 1998; 25 SDR 85, effective December 24, 1998; 26 SDR 85, effective December 26, 1999; 27 SDR 47, effective November 12, 2000; 28 SDR 44, effective October 3, 2001; 28 SDR 84, effective December 20, 2001; 28 SDR 166, effective June 4, 2002; 29 SDR 80, effective December 10, 2002; 29 SDR 107, effective February 3, 2003; 30 SDR 99, effective December 22, 2003; 30 SDR 115, effective February 4, 2004; 30 SDR 171, effective May 11, 2004; 31 SDR 89, effective December 27, 2004; 32 SDR 109, effective December 27, 2005; 33 SDR 107, effective December 27, 2006; 34 SDR 179, effective December 24, 2007; 35 SDR 184, effective February 2, 2009; 36 SDR 112, effective January 11, 2010; 37 SDR 112, effective December 8, 2010; 38 SDR 116, effective January 10, 2012; 39 SDR 100, effective December 3, 2012; 40 SDR 113, effective December 16, 2013; 41 SDR 107, effective January 5, 2015; 42 SDR 93, effective December 30, 2015; 43 SDR 89, effective December 29, 2016; 44 SDR 93, effective December 4, 2017; 44 SDR 151, effective April 30, 2018; 45 SDR 30, effective September 10, 2018; 45 SDR 89, effective December 31, 2018; 46 SDR 116, effective April 29, 2020; 48 SDR 115, effective May 24, 2022; 49 SDR 46, effective November 21, 2022; 51 SDR 53, effective November 11, 2024.
• General Authority: SDCL 41-2-18(1)(2)(14)(15)(17).
• Law Implemented: SDCL 41-2-18(1)(2)(14)(17).

ARSD 41:07:03:04 Repealed

History

• Source: 10 SDR 48, effective November 22, 1983; 10 SDR 76, 10 SDR 102, effective July 1, 1984; 23 SDR 87, effective December 3, 1996; repealed, 39 SDR 100, effective December 3, 2012.

ARSD 41:07:03:05 Anglers restricted to one day's limit while on the water or actively fishing -- Exception, possession limits allowed while ice fishing

No person may possess more than one day's limit of fish while on the water or actively engaged in fishing. Persons on the ice are allowed to keep a possession limit of fish taken in accordance to the daily limit and transportation regulations set forth in § 41:07:01:07. No person may possess a fish unless the fish conforms to the fishing regulations in effect for that body of water. Where and when water specific size limits apply for a species of gamefish, any person in possession of that species while the person is on the water, ice or fishing shall keep the fish whole with the head, skin, and fins attached. Only gills, entrails, scales, and eyes may be removed. The provisions of this section do not apply to the statewide daily limit of one walleye over 20 inches set forth in § 41:07:03:03.

History

• Source: 10 SDR 48, effective November 22, 1983; 10 SDR 76, 10 SDR 102, effective July 1, 1984; 16 SDR 114, effective January 18, 1990; 17 SDR 78, effective December 10, 1990; 29 SDR 80, effective December 10, 2002; 42 SDR 93, effective December 30, 2015; 43 SDR 89, effective December 29, 2016.
• General Authority: SDCL 41-2-18(1)(2).
• Law Implemented: SDCL 41-2-18(1)(2).

ARSD 41:07:03:06 Repealed

History

• Source: 28 SDR 24, effective August 28, 2001; 38 SDR 116, effective January 10, 2012; 46 SDR 116, effective April 29, 2020; 47 SDR 137, effective June 29, 2021.

Chapter 41:07:04

ARSD 41:07:04:01 Snagging season in special management waters

The snagging season for all species of salmon is open on Lake Oahe from October first through November thirtieth.

History

• Source: 43 SDR 89, effective December 29, 2016; 46 SDR 116, effective April 29, 2020; 51 SDR 53, effective November 11, 2024.
• General Authority: SDCL 41-2-18(1)(2)(14)(15)(17).
• Law Implemented: SDCL 41-2-18(1)(2)(14)(17).

ARSD 41:07:04:02 Maximum number of hooks and lines allowed

41 : 07 : 04 : 02 . Maximum number of hooks and lines allowed. The maximum number for snagging of Chinook salmon is one line with one hook per person.

History

• Source: 43 SDR 89, effective December 29, 2016; 46 SDR 116, effective April 29, 2020.
• General Authority: SDCL 41-2-18(1)(2)(14)(15)(17).
• Law Implemented: SDCL 41-2-18(1)(2)(14)(15)(17).

Chapter 41:07:05

ARSD 41:07:05:01 Snagging prohibited

Snagging** prohibited . Except as provided in § 41:07:05:02, snagging of all species of fish is prohibited.

History

• Source: SL 1975, ch 16, § 1; 5 SDR 6, effective August 3, 1978; 5 SDR 46, effective January 1, 1979; 9 SDR 76, effective December 23, 1982; 10 SDR 76, 10 SDR 102, effective July 1, 1984; 12 SDR 92, effective December 4, 1985; 13 SDR 68, effective December 11, 1986; 15 SDR 88, effective December 18, 1988; 45 SDR 89, effective December 31, 2018; 46 SDR 116, effective April 29, 2020.
• General Authority: SDCL 41-2-18(2)(14)(15).
• Law Implemented: SDCL 41-2-18(2)(14)(15).

ARSD 41:07:05:02 Paddlefish season in special management areas

Any paddlefish angler eighteen years of age and older shall have in possession a South Dakota fishing license and nontransferable paddlefish permit and associated unlocked tag to take or attempt to take a paddlefish with a bow and arrow or a crossbow, or to take or attempt to take paddlefish or rough fish by snagging.

A Nebraska resident possessing a South Dakota nonresident paddlefish permit is exempt from the South Dakota fishing license requirement, if the Nebraska resident possesses a Nebraska fishing license or is legally exempt from compliance with Nebraska license or permit requirements. Any paddlefish angler under eighteen years of age shall have a paddlefish permit and associated unlocked tag in possession while shooting paddlefish with a bow and arrow or a crossbow, or snagging paddlefish or rough fish.

Each paddlefish caught and kept must have the tag immediately affixed to the fish and locked in the manner and place indicated in the instructions provided with the tag. Each paddlefish caught and not kept must be immediately returned, unharmed, to the water from which it was taken. All paddlefish anglers shall cast for and hook their own fish. No person may attempt to snag any fish after all paddlefish tags issued to the person have been locked.

The snagging season for paddlefish and rough fish is open on the South Dakota-Nebraska boundary waters below Gavin's Point Dam and on the Big Sioux River from the I-29 bridge to the confluence of the Big Sioux River and the Missouri River from October first through October thirty-first.

The snagging hours on the South Dakota-Nebraska boundary waters and areas of the Big Sioux River open to snagging are 7:00 a.m. to 7:00 p.m. central time. Only a legal angler with a paddlefish permit and associated unlocked tag may snag paddlefish and rough fish during this season.

For the South Dakota-Nebraska boundary waters the annual quota of three thousand two hundred fish is allocated by a permit and tag issued by each state according to the following schedule: Nebraska - one thousand six hundred permits; South Dakota - one thousand five hundred and fifty resident and fifty nonresident permits. Permits and associated tags are available by lottery drawing after application. Any resident or nonresident permit remaining after the first lottery drawing is available on a first-come, first-served basis to any person who applies and does not already hold a paddlefish permit. After September first, a person may apply for a second permit. A person may not obtain more than two permits each year.

Paddlefish may be taken from sunrise to sunset, from June first through June thirtieth, from the Missouri River below Gavin's Point Dam, with a bow and arrow. In addition to a bow and arrow, a crossbow may be used to take paddlefish downstream from the Highway 81 bridge.

Except as otherwise provided in this section, an archery paddlefish angler who is eighteen years of age or older shall possess a South Dakota fishing license and a nontransferable paddlefish permit and associated tag before participating in archery fishing for paddlefish.

A Nebraska resident possessing a South Dakota nonresident archery paddlefish permit is exempt from the South Dakota fishing license requirement if the Nebraska resident possesses a Nebraska fishing license or is legally exempt from compliance with Nebraska license or permit requirements. Any paddlefish angler under eighteen years of age shall possess a paddlefish permit and associated tag while archery fishing paddlefish.

Two hundred fifty-five archery permits and associated tags are available to residents by lottery drawing after application. Paddlefish archery anglers may apply for a second permit and associated tag, if any are available following the initial lottery drawing. Anglers may not obtain more than two archery paddlefish permits and associated tags each year. An additional eight percent of the permits available to residents may be issued to nonresidents by lottery drawing after application.

Paddlefish and rough fish season is open on the waters of Lake Francis Case and the White River up to the Highway 47 bridge from May first through May thirty-first. Paddlefish and rough fish may be taken by snagging, bow and arrow, or a crossbow.

The snagging and archery hours on the waters of Lake Francis Case and the White River, up to the Highway 47 bridge, are from 6:00 a.m. through 9:00 p.m., central time. Only a legal angler with a paddlefish permit and associated unlocked tag may shoot paddlefish with a bow and arrow, crossbow, or snag paddlefish and rough fish during this season.

For the waters of Lake Francis Case and the White River up to the Highway 47 bridge, the annual quota of five hundred fish is allocated by a permit and tag. Permits and associated tags are available by lottery drawing after application. Any resident permit remaining after the first lottery drawing is available on a first-come, first-served basis to any applicant not already holding a paddlefish permit. After April first, a person may apply for a second permit. A person may not obtain more than two permits each year.

History

• Source: SL 1975, ch 16, § 1; 3 SDR 40, effective January 1, 1977; 7 SDR 48, effective November 25, 1980; 8 SDR 58, effective November 30, 1981; 9 SDR 76, effective December 23, 1982; 10 SDR 76, 10 SDR 102, effective July 1, 1984; 12 SDR 92, effective December 4, 1985; 13 SDR 68, effective December 11, 1986; 15 SDR 88, effective December 18, 1988; 18 SDR 98, effective December 12, 1991; 23 SDR 87, effective December 3, 1996; 24 SDR 72, effective November 30, 1997; 26 SDR 85, effective December 26, 1999; 28 SDR 178, effective July 1, 2002; 34 SDR 179, effective December 24, 2007; 36 SDR 112, effective January 11, 2010; 38 SDR 116, effective January 10, 2012; 42 SDR 93, effective December 30, 2015; 43 SDR 89, effective December 29, 2016; (transferred from § 46:07:06:03.01) 45 SDR 89, effective December 31, 2018; 46 SDR 116, effective April 29, 2020; 47 SDR 137, effective June 29, 2021; 49 SDR 46, effective November 21, 2022; 50 SDR 62, effective November 27, 2023.
• General Authority: SDCL 41-2-18(2)(14)(15)(17).
• Law Implemented: SDCL 41-2-18(2)(14)(15)(17).

ARSD 41:07:05:03 Paddlefish snagging, processing, and transportation restrictions

Any paddlefish taken below Gavin's Point Dam, by snagging, which measures between 35 inches and 45 inches when measured with a flexible tape along and over the center line contour of the fish, lying flat, from an entire eye to the natural unaltered fork of the tail must be immediately released to the water from which it was caught. A person may not attempt to snag rough fish or paddlefish after reaching the limit on paddlefish. A gaff hook or other penetrating device may not be used as an aid while landing snagged paddlefish.

For paddlefish taken below Gavin's Point Dam, only the snout in front of the eyes, gills, and entrails of a paddlefish may be removed for transportation. The head, skin, and tail must remain attached. Final processing may only be completed once the angler has reached their domicile or immediately prior to consumption.

History

• Source: SL 1975, ch 16, § 1; 5 SDR 46, effective January 1, 1979; 10 SDR 76, 10 SDR 102, effective July 1, 1984; 18 SDR 98, effective December 12, 1991; 18 SDR 144, effective March 15, 1992; 23 SDR 87, effective December 3, 1996; 29 SDR 147, effective May 6, 2003; 36 SDR 112, effective January 11, 2010; 38 SDR 178, effective April 30, 2012; 39 SDR 100, effective December 3, 2012; 41 SDR 107, effective January 5, 2015; 46 SDR 116, effective April 29, 2020.
• General Authority: SDCL 41-2-18(2)(15).
• Law Implemented: SDCL 41-1-3, 41-2-18(2)(15), 41-3-1, 41-12-5, 41-12-12.

ARSD 41:07:05:04 Repealed

History

• Source: SL 1975, ch 16, § 1; 5 SDR 46, effective January 1, 1979; repealed, 6 SDR 60, effective January 1, 1980.

ARSD 41:07:05:05 Maximum number of hooks and lines allowed

The maximum number of hooks per line and lines per person allowed for snagging paddlefish and rough fish is one line with one hook. Hook size is limited to a single or treble hook with a gap no larger than 1/2 inch between the point and the shaft (2/0 hook or smaller)

History

• Source: SL 1975, ch 16, § 1; 4 SDR 31, effective November 27, 1977; 7 SDR 48, effective November 25, 1980; 10 SDR 76, 10 SDR 102, effective July 1, 1984; 15 SDR 88, effective December 18, 1988; 18 SDR 98, effective December 12, 1991; 36 SDR 112, effective January 11, 2010; 46 SDR 116, effective April 29, 2020.
• General Authority: SDCL 41-2-18(2)(14)(15).
• Law Implemented: SDCL 41-1-3, 41-2-18(2)(14)(15), 41-3-1, 41-12-5, 41-12-6, 41-12-12.

Chapter 41:07:06

ARSD 41:07:06:01 Spearing of rough fish in inland waters and South Dakota-Minnesota boundary waters.

Cross-Reference: No-fishing zones, § 41:07:01:05.

History

• Source: SL 1975, ch 16, § 1; 3 SDR 40, effective January 1, 1977; 10 SDR 76, 10 SDR 102, effective July 1, 1984; 10 SDR 76, 10 SDR 102, effective July 1, 1984; 23 SDR 87, effective December 3, 1996; 28 SDR 129, effective March 18, 2002; 32 SDR 109, effective December 27, 2005; 33 SDR 1, effective July 18, 2006; 37 SDR 112, effective December 8, 2010; 38 SDR 116, effective January 10, 2012; 40 SDR 113, effective December 16, 2013; 46 SDR 116, effective April 29, 2020.
• General Authority: SDCL 41-2-18(2)(14)(15)(17).
• Law Implemented: SDCL 41-2-18(2)(14)(15)(17), 41-12-5, 41-12-12.

ARSD 41:07:06:01.01 Spearing of rough fish in South Dakota-Nebraska boundary waters

In South Dakota-Nebraska boundary waters, a spear gun, spear, crossbow, or a bow and arrow may be used in the taking of rough fish at any time.

History

• Source: 17 SDR 78, effective December 10, 1990; 23 SDR 87, effective December 3, 1996; 32 SDR 109, effective December 27, 2005; 38 SDR 116, effective January 10, 2012; 45 SDR 89, effective December 31, 2018; 46 SDR 116, effective April 29, 2020.
• General Authority: SDCL 41-2-18(2)(14)(15)(17).
• Law Implemented: SDCL 41-2-18(2)(14)(15)(17), 41-12-5, 41-12-12.

ARSD 41:07:06:01.02 Repealed

History

• Source: 33 SDR 1, effective July 18, 2006; 33 SDR 107, effective December 27, 2006; 37 SDR 112, effective December 8, 2010; 38 SDR 116, effective January 10, 2012; repealed, 40 SDR 113, effective December 16, 2013.

ARSD 41:07:06:02 Repealed

History

• Source: SL 1975, ch 16, § 1; 1 SDR 38, effective January 1, 1975; 10 SDR 76, 10 SDR 102, effective July 1, 1984; 12 SDR 92, effective December 4, 1985; 23 SDR 87, effective December 3, 1996; 28 SDR 129, effective March 18, 2002; 33 SDR 1, effective July 18, 2006; 34 SDR 179, effective December 24, 2007; repealed, 37 SDR 112, effective December 8, 2010.

ARSD 41:07:06:03 Areas open to spearing of game fish

Except as otherwise provided in this section, game fish, except paddlefish, muskie, and sturgeon, may only be taken with a spear gun, spear, crossbow, or bow and arrow, from one-half hour before sunrise to one-half hour after sunset, in the following areas during the dates listed:

(1) South Dakota-Nebraska boundary waters from the South Dakota-Nebraska state line downstream, July 1 through December 31;

(2) All inland waters, May 1 through March 31, with the following exceptions:

(A) The taking of salmonids within the boundaries of the Black Hills Fisheries Management Area is prohibited;

(B) The taking of walleye from lakes with a daily limit of one walleye is prohibited; and

(C) Northern pike and catfish may be taken for noncommercial purposes, year-round, from all inland waters, except from Lynn, Middle Lynn and Amsden Lakes in Day County, Lake Sinai and Twin Lake (east of U.S Highway 81) in Brookings County, Twin Lake (west of U.S. Highway 81) in Kingsbury County, and North Island and South Island Lakes in McCook and Minnehaha Counties; and

(3) Northern pike and catfish may be taken from all South Dakota-Minnesota boundary waters, except the Bois de Sioux River, November 15 through the last Sunday of February.

Upon written request, the commission may, by resolution, temporarily open other areas to the public.

History

• Source: SL 1975, ch 16, § 1; 3 SDR 40, effective January 1, 1977; 5 SDR 46, effective January 1, 1979; 7 SDR 48, effective November 25, 1980; 8 SDR 58, effective November 30, 1981; 9 SDR 76, effective December 23, 1982; 10 SDR 76, 10 SDR 102, effective July 1, 1984; 11 SDR 80, effective December 16, 1984; 12 SDR 92, effective December 4, 1985; 13 SDR 68, effective December 11, 1986; 27 SDR 47, effective November 12, 2000; 28 SDR 129, effective March 18, 2002; 31 SDR 89, effective December 27, 2004; 32 SDR 109, effective December 27, 2005; 34 SDR 179, effective December 24, 2007; 35 SDR 184, effective February 2, 2009; 37 SDR 112, effective December 8, 2010; 38 SDR 116, effective January 10, 2012; 39 SDR 100, effective December 3, 2012; 40 SDR 113, effective December 16, 2013; 41 SDR 107, effective January 5, 2015; 43 SDR 89, effective December 29, 2016; 45 SDR 89, effective December 31, 2018; 46 SDR 116, effective April 29, 2020; 47 SDR 38, effective October 6, 2020; 48 SDR 60, effective December 8, 2021.
• General Authority: SDCL 41-2-18(1)(2)(14)(15)(17).
• Law Implemented: SDCL 41-2-18(1)(2)(14)(15)(17).

ARSD 41:07:06:03.01 Transferred

ARSD 41:07:06:04 Repealed

History

• Source: Transferred from § 41:07:07:02, 3 SDR 40, effective January 1, 1977; 10 SDR 76, 10 SDR 102, effective July 1, 1984; repealed, 34 SDR 179, effective December 24, 2007.

ARSD 41:07:06:05 Repealed

History

• Source: Transferred from § 41:07:07:04, 3 SDR 40, effective January 1, 1977; 5 SDR 46, effective January 1, 1979; 10 SDR 62, effective December 22, 1983; 10 SDR 76, 10 SDR 102, effective July 1, 1984; 34 SDR 199, effective January 28, 2008; 38 SDR 116, effective January 10, 2012; repealed, 39 SDR 100, effective December 3, 2012.

ARSD 41:07:06:06 Limits

As provided in §§ 41:07:03:01 and 41:07:03:03, the daily, possession, and length limits in effect for each species are the same as and in combination with the hook and line limits set for the areas included in § 41:07:06:03. No person actively engaged in spearfishing or bowfishing may possess speared game fish in an area not open to the spearing of game fish. If a fish is taken with a spear, speargun, or bow and arrow, the person spearfishing shall retain the fish.

History

• Source: Transferred from § 41:07:07:03, 3 SDR 40, effective January 1, 1977; 8 SDR 58, effective November 30, 1981; 10 SDR 76, 10 SDR 102, effective July 1, 1984; 41 SDR 107, effective January 5, 2015; 46 SDR 116, effective April 29, 2020.
• General Authority: SDCL 41-2-18(1)(2)(14).
• Law Implemented: SDCL 41-2-18(1)(2)(14), 41-12-5, 41-12-12.

ARSD 41:07:06:07 Restricted areas

Spearing of fish and bow fishing is prohibited within the Angostura Marina "no wake zone", as described within § 41:04:02:23, and within the Lewis and Clark Marina "no wake zone", as described within § 41:04:02:66. Underwater spearfishing is prohibited within 100 yards of a designated swimming or water ski area, boat dock, boat ramp, power intake tube, or spillway.

History

• Source: Transferred from § 41:07:07:05, 3 SDR 40, effective January 1, 1977; 10 SDR 76, 10 SDR 102, effective July 1, 1984; 45 SDR 89, effective December 31, 2018; 46 SDR 116, effective April 29, 2020.
• General Authority: SDCL 41-2-18(2)(14).
• Law Implemented: SDCL 41-2-18(2)(14), 41-12-5, 41-12-12.

ARSD 41:07:06:08 Repealed

History

• Source: Transferred from § 41:07:07:06, 3 SDR 40, effective January 1, 1977; 10 SDR 76, 10 SDR 102, effective July 1, 1984; 17 SDR 78, effective December 10, 1990; repealed, 41 SDR 107, effective January 5, 2015.

Chapter 41:07:08

ARSD 41:07:08:01 License requirements and fees, Repealed

History

• Source: SL 1975, ch 16, § 1; 4 SDR 10, effective August 25, 1977; 10 SDR 76, 10 SDR 102, effective July 1, 1984; 10 SDR 148, effective July 11, 1984; 14 SDR 40, effective September 23, 1987; 46 SDR 116, effective April 29, 2020; 48 SDR 60, effective December 8, 2021; 50 SDR 62, effective November 27, 2023.

ARSD 41:07:08:02 Maximum number of hooks allowed on setlines and floatlines -- Mechanical devices prohibited

No more than twenty hooks may be attached to any setline. No more than one hook may be attached to any floatline. A person may not use a setline or floatline that operates by a reel or any mechanical device.

A person possessing a setline license may, at any one time, fish with:

(1) One setline: or

(2) No more than ten floatlines.

History

• Source: SL 1975, ch 16, § 1; 2 SDR 36, effective November 12, 1975; 10 SDR 76, 10 SDR 102, effective July 1, 1984; 16 SDR 220, effective June 21, 1990; 46 SDR 116, effective April 29, 2020; 48 SDR 60, effective December 8, 2021; 50 SDR 62, effective November 27, 2023.
• General Authority: SDCL 41-2-18(2)(14), 41-12-12.
• Law Implemented: SDCL 41-2-18(2)(14), 41-12-5.

ARSD 41:07:08:02.01 Size and construction of hoop nets and traps

Hoop nets and traps may not exceed an overall length of 18 feet or a width greater than four feet. No leads or wings are permitted on hoop nets or traps. Only hoop nets constructed of fabric mesh with twine size No. 15 or larger and slat catfish traps constructed of wood or synthetic slats with at least two one-and-one-half-inch openings in each end are allowed. Wire fish traps are prohibited.

History

• Source: 8 SDR 58, effective November 30, 1981; 10 SDR 76, 10 SDR 102, effective July 1, 1984; 11 SDR 80, effective December 16, 1984; 16 SDR 220, effective June 21, 1990; 46 SDR 116, effective April 29, 2020.
• General Authority: SDCL 41-2-18(2)(14).
• Law Implemented: SDCL 41-2-18(2)(14), 41-12-5, 41-12-12.

ARSD 41:07:08:03 Repealed

History

• Source: SL 1975, ch 16, § 1; 4 SDR 10, effective August 25, 1977; 10 SDR 62, effective December 22, 1983; 10 SDR 76, 10 SDR 102, effective July 1, 1984; 16 SDR 114, effective January 18, 1990; 16 SDR 220, effective June 21, 1990; 34 SDR 179, effective December 24, 2007; repealed, 39 SDR 100, effective December 3, 2012

ARSD 41:07:08:04 Selling of catfish

For purposes of inland waters of the Missouri River, catfish are considered rough fish. Hoop net, trap, and setline licensees taking catfish from the Missouri River and its impoundments may sell, barter, or trade such fish, provided a receipt of sale is given to each purchaser, a record is kept by the licensee, and a report is provided to the state annually no later than December 31 of the year the transaction takes place. Failure to report is grounds for the department to refuse to issue hoop net and setline licenses the following year. Catfish taken from the South Dakota-Nebraska boundary water may not be sold, bartered, or traded.

History

• Source: SL 1975, ch 16, § 1; 2 SDR 36, effective November 12, 1975; 4 SDR 10, effective August 25, 1977; 5 SDR 46, effective January 1, 1979; 10 SDR 76, 10 SDR 102, effective July 1, 1984; 16 SDR 114, effective January 18, 1990; 16 SDR 220, effective June 21, 1990; 17 SDR 78, effective December 10, 1990; 34 SDR 179, effective December 24, 2007; 46 SDR 116, effective April 29, 2020.
• General Authority: SDCL 41-2-18(1)(2)(15), 41-13-6.
• Law Implemented: SDCL 41-2-18(1)(2)(15), 41-12-5, 41-12-12, 41-13-6.

ARSD 41:07:08:05 Use of another person's hoop nets, traps, setlines, or floatlines

A person may not use or tend the hoop nets, traps, setlines, or floatlines of another person without the licensee present.

History

• Source: SL 1975, ch 16, § 1; 4 SDR 10, effective August 25, 1977; 10 SDR 76, 10 SDR 102, effective July 1, 1984; 16 SDR 220, effective June 21, 1990; 46 SDR 116, effective April 29, 2020; 49 SDR 46, effective November 21, 2022.
• General Authority: SDCL 41-2-18(2)(14).
• Law Implemented: SDCL 41-2-18(2)(14), 41-12-5, 41-12-12.

ARSD 41:07:08:05.01 Repealed

History

• Source: 8 SDR 58, effective November 30, 1981; 9 SDR 76, effective December 23, 1982; 10 SDR 76, 10 SDR 102, effective July 1, 1984; 16 SDR 220, effective June 21, 1990; 37 SDR 112, effective December 8, 2010; repealed, 39 SDR 100, effective December 3, 2012

ARSD 41:07:08:05.02 Tending hoop nets, traps, setlines, and floatlines

All hoop nets, traps, and setlines must be checked and emptied of fish prior to 12 o'clock midnight of the second full calendar day, while being fished. All floatlines used for fishing must be under the direct supervision of and within the unaided observation of the licensee at all times.

History

• Source: 14 SDR 81, effective December 10, 1987; 46 SDR 116, effective April 29, 2020; 48 SDR 60, effective December 8, 2021; 49 SDR 46, effective November 21, 2022.
• General Authority: SDCL 41-2-18(2)(14).
• Law Implemented: SDCL 41-2-18(2)(14).

ARSD 41:07:08:06 Areas and restrictions on the use of hoop nets, traps, setlines, and floatlines

The following restrictions apply to the use of any hoop net, trap, setline, or floatline in the areas listed:

(1) In the South Dakota-Nebraska boundary waters, licensed anglers may employ no more than two licensed and tagged setlines with up to ten hooks each in the catching, taking, or killing of rough fish and channel, flathead, and blue catfish from year-round, for noncommercial purposes, in limits listed in § 41:07:03:02.01. Up to six licensed and tagged hoop nets per person may be used in the taking of only rough fish. All catfish caught in hoop nets must be immediately released to the water from which they were taken;

(2) A person may employ no more than six licensed and tagged hoop nets or traps, no more than six licensed and tagged setlines, and no more than ten floatlines in the catching, taking, or killing of unlimited numbers of rough fish and catfish, except blue catfish, from inland waters of the Missouri River;

(3) A person may employ no more than six licensed and tagged hoop nets or traps, no more than six licenses and tagged setlines, and no more than ten floatlines in the catching, taking, or killing of unlimited numbers of rough fish and catfish, except blue catfish, from the western tributaries of the Missouri River; and

(4) A person may employ no more than six licensed and tagged hoop nets or traps, no more than six licensed and tagged setlines, and no more than ten floatlines in the catching, taking, and killing of rough fish and catfish from Angostura, Belle Fourche, and Shadehill reservoirs. An unlimited number of rough fish may be taken and statewide catfish limits apply on these waters.

No catfish taken from the western tributaries of the Missouri River or Angostura, Belle Fourche, or Shadehill reservoirs may be sold, bartered, or traded. Use of whole baitfish as setline or floatline bait is prohibited.

History

• Source: SL 1975, ch 16, § 1; 2 SDR 36, effective November 12, 1975; 3 SDR 40, effective January 1, 1977; 4 SDR 10, effective August 25, 1977; 4 SDR 31, effective November 27, 1977; 5 SDR 46, effective January 1, 1979; 6 SDR 60, effective January 1, 1980; 7 SDR 48, effective November 25, 1980; 7 SDR 128, effective July 13, 1981; 8 SDR 58, effective November 30, 1981; 8 SDR 85, effective January 18, 1982; 9 SDR 76, effective December 23, 1982; 10 SDR 62, effective December 22, 1983; 10 SDR 76, 10 SDR 102, effective July 1, 1984; 12 SDR 92, effective December 4, 1985; 13 SDR 68, effective December 11, 1986; 16 SDR 118, effective January 18, 1990; 16 SDR 220, effective June 21, 1990; 17 SDR 78, effective December 10, 1990; 26 SDR 85, effective December 26, 1999; 29 SDR 80, effective December 10, 2002; 34 SDR 179, effective December 24, 2007; 39 SDR 100, effective December 3, 2012; 46 SDR 116, effective April 29, 2020; 48 SDR 60, effective December 8, 2021.
• General Authority: SDCL 41-2-18(1)(2)(14)(17), 41-12-6, 41-12-12.
• Law Implemented: SDCL 41-2-18(1)(2)(14)(17), 41-12-5.

Chapter 41:07:09

ARSD 41:07:09:01 Season

Bullfrogs may be taken year-round.

History

• Source: SL 1975, ch 16, § 1; 1 SDR 38, effective January 1, 1975; 10 SDR 76, 10 SDR 102, effective July 1, 1984; 30 SDR 99, effective December 22, 2003; 46 SDR 116, effective April 29, 2020.
• General Authority: SDCL 41-2-18(1)(2)(21).
• Law Implemented: SDCL 41-2-18(1)(2)(21), 41-6-35.

ARSD 41:07:09:02 Limit

A person may not catch in one day more than 15 or have in possession at any time more than 30 bullfrogs.

History

• Source: SL 1975, ch 16, § 1; 10 SDR 76, 10 SDR 102, effective July 1, 1984; 46 SDR 116, effective April 29, 2020.
• General Authority: SDCL 41-2-18(1)(2)(21).
• Law Implemented: SDCL 41-2-18(1)(2)(21), 41-6-35.

ARSD 41:07:09:03 Use of firearms

A person may not take bullfrogs with firearms.

History

• Source: SL 1975, ch 16, § 1; 10 SDR 76, 10 SDR 102, effective July 1, 1984; 46 SDR 116, effective April 29, 2020.
• General Authority: SDCL 41-2-18(1)(2)(21), 41-12-12.
• Law Implemented: SDCL 41-2-18(1)(2)(21), 41-12-12.

Chapter 41:07:10

ARSD 41:07:10:01 Season

Turtles, except those identified in §§ 41:10:02:07 and 41:10:02:08, may be taken by lawful anglers year-round by hook and line, minnow seines, gaff hooks, spears, or by special turtle traps as defined in § 41:07:10:03.

History

• Source: SL 1975, ch 16, § 1; 1 SDR 38, effective January 1, 1975; 4 SDR 31, effective November 27, 1977; 10 SDR 76, 10 SDR 102, effective July 1, 1984; 11 SDR 80, effective December 16, 1984; 21 SDR 102, effective December 8, 1994; 30 SDR 99, effective December 22, 2003; 39 SDR 100, effective December 3, 2012; 46 SDR 116, effective April 29, 2020.
• General Authority: SDCL 41-2-18(1)(2)(14).
• Law Implemented: SDCL 41-2-18(1)(2)(14).

ARSD 41:07:10:02 Limit

The limit on all species of turtles, except those identified in §§ 41:10:02:07 and 41:10:02:08, is two daily with a possession limit of four for each species.

History

• Source: SL 1975, ch 16, § 1; 10 SDR 76, 10 SDR 102, effective July 1, 1984; 11 SDR 80, effective December 16, 1984; 21 SDR 102, effective December 8, 1994; 22 SDR 82, effective December 10, 1995; 23 SDR 87, effective December 3, 1996; 46 SDR 116, effective April 29, 2020.
• General Authority: SDCL 41-2-18(1)(2).
• Law Implemented: SDCL 41-2-18(1)(2).

ARSD 41:07:10:03 Turtle traps

Turtle traps with mesh less than four inches square must have an opening at least six inches in diameter leading from it or an entrance opening suspended at or above the water level. Traps shall be clearly marked with their owner's name and address.

History

• Source: SL 1975, ch 16, § 1; 5 SDR 46, effective January 1, 1979; 10 SDR 76, 10 SDR 102, effective July 1, 1984; 46 SDR 116, effective April 29, 2020.
• General Authority: SDCL 41-2-18(1)(2)(14).
• Law Implemented: SDCL 41-2-18(1)(2)(14), 41-12-12.

ARSD 41:07:10:04 Restrictions

A person may not buy, sell, barter, or trade any species of turtle. A person may not export snapping turtles for any purpose other than personal consumption.

History

• Source: 15 SDR 88, effective December 18, 1988; 22 SDR 82, effective December 10, 1995; 23 SDR 87, effective December 3, 1996; 32 SDR 183, effective May 9, 2006; 39 SDR 100, effective December 3, 2012; 46 SDR 116, effective April 29, 2020.
• General Authority: SDCL 41-2-18(1)(2).
• Law Implemented: SDCL 41-2-18(1)(2).