ARSD Article 41:10 — SPECIAL MANAGEMENT CATEGORIES

GAME, FISH AND PARKS GAME, FISH AND PARKS

Chapter 41:10:02 Endangered and threatened species

ARSD 41:10:02:01 List of endangered birds

Birds classified as endangered in the state are as follows

(1) Whooping crane, Grus americana;

(2) Eskimo curlew, Numenius borealis;

(3) Least Tern, Sternula antillarum.

History

• Source: 4 SDR 57, effective March 16, 1978; 10 SDR 76, 10 SDR 102, effective July 1, 1984; 30 SDR 21, effective August 25, 2003; 34 SDR 242, effective April 7, 2008; 44 SDR 93, effective December 4, 2017; 49 SDR 46, effective November 21, 2022.
• General Authority: SDCL 34A-8-3, 41-2-18(1)(3).
• Law Implemented: SDCL 34A-8-3, 41-2-18(1)(3).

ARSD 41:10:02:02 List of threatened birds

. Birds classified as threatened in the state are as follows:

(1) Osprey, Pandion haliaetus;

(2) Piping plover, Charadrius melodus;

(3) American dipper, Cinclus mexicanus;

(4) Peregrine falcon, Falco peregrinus.

History

• Source: 4 SDR 57, effective March 16, 1978; 10 SDR 76, 10 SDR 102, effective July 1, 1984; 12 SDR 102, effective December 22, 1985; 17 SDR 139, effective March 21, 1991; 22 SDR 155, effective May 22, 1996; 30 SDR 21, effective August 25, 2003; 34 SDR 242, effective April 7, 2008; 42 SDR 31, effective September 8, 2015; 49 SDR 46, effective November 21, 2022.
• General Authority: SDCL 34A-8-3, 41-2-18(1)(3).
• Law Implemented: SDCL 34A-8-3, 41-2-18(1)(3).

ARSD 41:10:02:03 Endangered mammal

E** ndangered mammal. The Blackfooted ferret, Mustela nigripes , is classified as endangered in the state.

History

• Source: 4 SDR 57, effective March 16, 1978; 10 SDR 76, 10 SDR 102, effective July 1, 1984; 47 SDR 27, effective September 15, 2020.
• General Authority: SDCL 34A-8-3, 41-2-18(1)(3).
• Law Implemented: SDCL 34A-8-3, 41-2-18(1)(3).

ARSD 41:10:02:04 Threatened mammal

Threatened mammal.** The swift fox, Vulpes velox, is classified as threatened in this state.

History

• Source: 4 SDR 57, effective March 16, 1978; 10 SDR 76, 10 SDR 102, effective July 1, 1984; 30 SDR 21, effective August 25, 2003; 34 SDR 242, effective April 7, 2008; 46 SDR 147, effective July 2, 2020.
• General Authority: SDCL 34A-8-3, 41-2-18(1)(3).
• Law Implemented: SDCL 34A-8-3, 41-2-18(1)(3).

ARSD 41:10:02:05 Endangered fish

Endangered fish.** The following fish are classified as endangered in the state:

(1) Finescale dace, Chrosomus neogaeus ;

(2) Banded killifish, Fundulus diaphanus ;

(3) Pallid sturgeon, Scaphirhynchus albus ;

(4) Blacknose shiner, Notropis heterolepis ; and

(5) Sicklefin chub, Macrhybopsis meeki .

History

• Source: 4 SDR 57, effective March 16, 1978; 10 SDR 76, 10 SDR 102, effective July 1, 1984; 17 SDR 139, effective March 21, 1991; 22 SDR 155, effective May 22, 1996; 33 SDR 125, effective January 29, 2007; 34 SDR 242, effective April 7, 2008; 44 SDR 93, effective December 4, 2017; 47 SDR 27, effective September 15, 2020.
• General Authority: SDCL 41-2-18(1)(3).
• Law Implemented: SDCL 34A-8-3, 41-2-18(1)(3).

ARSD 41:10:02:06 Threatened fish

Threatened fish.** The following fish are classified as threatened in the state:

(1) Sturgeon chub, Macrhybopsis gelida ;

(2) Northern redbelly dace, Chrosomus eos ;

(3) Longnose sucker, Catostomus catostomus ;

(4) Northern pearl dace, Margariscus nachtriebi .

History

• Source: 4 SDR 57, effective March 16, 1978; 10 SDR 76, 10 SDR 102, effective July 1, 1984; 17 SDR 139, effective March 21, 1991; 22 SDR 155, effective May 22, 1996; 33 SDR 125, effective January 29, 2007; 44 SDR 93, effective December 4, 2017; 47 SDR 27, effective September 15, 2020.
• General Authority: SDCL 41-2-18(1)(3).
• Law Implemented: SDCL 34A-8-3, 41-2-18(1)(3).

ARSD 41:10:02:07 Endangered reptiles

Endangered reptiles.** The Lined snake, Tropidoclonion lineatum , is classified as endangered in the state.

History

• Source: 4 SDR 57, effective March 16, 1978; repealed, 10 SDR 76, 10 SDR 102, effective July 1, 1984; readopted, 22 SDR 155, effective May 22, 1996; 33 SDR 125, effective January 29, 2007; 34 SDR 242, effective April 7, 2008; 47 SDR 27, effective September 15, 2020.
• General Authority: SDCL 41-2-18(1)(3).
• Law Implemented: SDCL 34A-8-3, 41-2-18(1)(3).

ARSD 41:10:02:08 List of threatened reptiles

Reptiles classified as threatened in the state are as follows:

(1) False map turtle, Graptemys pseudogeographica ;

(2) Eastern hognose snake, Heterodon platirhinos .

History

• Source: 4 SDR 57, effective March 16, 1978; 10 SDR 76, 10 SDR 102, effective July 1, 1984; 17 SDR 139, effective March 21, 1991; 22 SDR 155, effective May 22, 1996; 34 SDR 242, effective April 7, 2008.
• General Authority: SDCL 34A-8-3, 41-2-18(1)(3).
• Law Implemented: SDCL 34A-8-3, 41-2-18(1)(3).

ARSD 41:10:02:09 Repealed

List of endangered amphibians.** Repealed.

History

• Source: 4 SDR 57, effective March 16, 1978; repealed, 10 SDR 76, 10 SDR 102, effective July 1, 1984.

ARSD 41:10:02:10 Repealed

List of threatened amphibians.** Repealed.

History

• Source: 4 SDR 57, effective March 16, 1978; repealed, 10 SDR 76, 10 SDR 102, effective July 1, 1984.

ARSD 41:10:02:11 Repealed

List of endangered crustaceans.** Repealed.

History

• Source: 4 SDR 57, effective March 16, 1978; repealed, 10 SDR 76, 10 SDR 102, effective July 1, 1984.

ARSD 41:10:02:12 Repealed

List of threatened crustaceans.** Repealed.

History

• Source: 4 SDR 57, effective March 16, 1978; repealed, 10 SDR 76, 10 SDR 102, effective July 1, 1984.

ARSD 41:10:02:13 Repealed

List of endangered mollusks.** Repealed.

History

• Source: 4 SDR 57, effective March 16, 1978; repealed, 10 SDR 76, 10 SDR 102, effective July 1, 1984.

ARSD 41:10:02:14 Repealed

List of threatened mollusks.** Repealed.

History

• Source: 4 SDR 57, effective March 16, 1978; repealed, 10 SDR 76, 10 SDR 102, effective July 1, 1984.

ARSD 41:10:02:15 Repealed

List of endangered plants.** Repealed.

History

• Source: 4 SDR 57, effective March 16, 1978; repealed, 10 SDR 76, 10 SDR 102, effective July 1, 1984.

ARSD 41:10:02:16 Repealed

List of threatened plants.** Repealed.

History

• Source: 4 SDR 57, effective March 16, 1978; repealed, 10 SDR 76, 10 SDR 102, effective July 1, 1984.

ARSD 41:10:02:17 Harassment defined

"Harassment" means an intentional or negligent act or omission that annoys a wild animal to such an extent that a normal behavioral pattern, such as breeding, feeding, nesting, or sheltering, is significantly disrupted.

History

• Source: 15 SDR 210, effective July 10, 1989; 47 SDR 27, effective September 15, 2020.
• General Authority: SDCL 41-2-18.
• Law Implemented: SDCL 34A-8-6.

ARSD 41:10:02:18 Harassment prohibited

Harassment of the nesting and rearing sites of a specie listed in this chapter is prohibited. The department shall post conspicuous signs near critical nesting and rearing sites to warn against entry during the nesting period.

History

• Source: 15 SDR 210, effective July 10, 1989; 47 SDR 27, effective September 15, 2020.
• General Authority: SDCL 41-2-18.
• Law Implemented: SDCL 34A-8-6.

ARSD 41:10:02:19 Endangered species permit exemption

A state endangered species permit is not required for possession of legally acquired or legally taken raptors other than a bald eagle, (Haliaeetus leucocephalus), or any of their progeny.

History

• Source: 34 SDR 279, effective May 14, 2008; 47 SDR 27, effective September 15, 2020.
• General Authority: SDCL 34A-8-8, 34A-8-10, 41-2-18(2)(3)(20), 41-11-2.
• Law Implemented: SDCL 34A-8-8, 34A-8-10, 41-2-18(2)(3)(20), 41-11-2.

Chapter 41:10:03 Species of management concern

ARSD 41:10:03:01 List of species of management concern

The following species of animals, which are determined by the Department of Agriculture and Natural Resources and the Game, Fish and Parks Commission to be valued ecologically and aesthetically, burdensome at times for property owners, and subject to and warranting protection and control at certain times, are deemed to be species of management concern:

(1) Black-tailed prairie dog, Cynomus ludovicianus .

History

• Source: 28 SDR 24, effective August 28, 2001; SL 2021, ch 1, §§ 8, 19, effective April 19, 2021.
• General Authority: SDCL 34A-8A-2.
• Law Implemented: SDCL 34A-8A-2.

Chapter 41:10:04 Aquatic invasive species

ARSD 41:10:04:01 List of aquatic invasive species

Species classified as aquatic invasive species in the state are as follows;

(1) Fish:

(a) Bighead carp, Hypophthalmichthys nobilis;

(b) Black carp, Mylopharyngodon piceus;

(c) Common carp, Cyprinus carpio;

(d) Grass carp, Ctenopharyngodon idella;

(e) Prussian carp, Carassisus gibelio;

(f) Round goby, Neogobius melanostomus;

(g) Rudd, Scardinius erythrophthalmus;

(h) Silver carp, Hypophthalmichthys molitrix;

(i) Snakehead (Channa Spp.);

(j) Western mosquitofish, Gambusia affinis; and

(k) White perch, Morone americana;

(2) Plants:

(a) Brittle naiad, Najas minor;

(b) Common reed, Phragmites australis;

(c) Curly pondweed, Potamogeton crispus;

(d) Didymo, Didymosphenia geminate;

(e) Eurasian water-milfoil, Myriophyllum spicatum;

(f) Flowering rush, Butomus umbellatus;

(g) Purple loosestrife, Lythrum salicaria; and

(h) Starry stonewort, Nitellopsis obtuse; and

(3) Invertebrates:

(a) Asian clam, Corbicula fluminea;

(b) New Zealand mudsnail, Potamopyrgus antipodarum;

(c) Quagga mussel, Dreissena rostriformis bugensis;

(d) Red rimmed melania, Melanoides tuberculata;

(e) Red swamp crayfish, Procambarus clarkii;

(f) Rusty crayfish, Orconectes rusticus;

(g) Spiny waterflea, Bythotrephes longimanus; and

(h) Zebra mussel, Dreissena polymorpha.

History

• Source: 38 SDR 116, effective January 10, 2012; 39 SDR 100, effective December 3, 2012; 41 SDR 173, effective May 11, 2015; 43 SDR 89, effective December 29, 2016; 45 SDR 89, effective December 31, 2018; 46 SDR 74, effective December 2, 2019; 52 SDR 42, effective October 27, 2025.
• General Authority: SDCL 41-2-18(1)(2).
• Law Implemented: SDCL 41-2-18(1)(2).

ARSD 41:10:04:02 Aquatic invasive species exemptions

The following persons are exempt from SDCL 41-13A-2:

(1) A person possessing a scientific collectors permit issued by the Department of Game, Fish and Parks;

(2) A person authorized by the department to stock triploid grass carp for pond management purposes;

(3) A person contracted by the department to conduct commercial fishing operations as authorized in SDCL 41-13-7;

(4) A person in the process of removing an aquatic invasive species from a conveyance, as defined in SDCL 41-13A-1;

(5) An owner or agent of the owner of a conveyance in the process of transporting the conveyance for decontamination of dreissenid mussels using a department-approved procedure;

(6) An employee of a business approved by the department to transport and possess conveyances for the purpose of decontamination of dreissenid mussels;

(7) A commercial plant harvester operating within the requirements of a department approved work plan or a lakeshore property owner operating within the requirements of a department approved permit;

(8) A lakeshore property owner in the process of transporting aquatic invasive species, for disposal, in a manner that minimizes possible introduction to new waters;

(9) A person importing, transporting, or possessing live red swamp crayfish solely for the purpose of human consumption, provided the possession is not at a location licensed to sell bait; and

(10) Except as provided in subsections (2) and (9), a person transporting or possessing any aquatic invasive fish or crayfish species, provided that it is dead.

History

• Source: 38 SDR 116, effective January 10, 2012; 41 SDR 173, effective May 11, 2015; 43 SDR 146, effective May 22, 2017; 45 SDR 89, effective December 31, 2018; 47 SDR 48, effective October 29, 2020; 48 SDR 60, effective December 8, 2021; 52 SDR 42, effective October 27, 2025.
• General Authority: SDCL 41-2-18(26).
• Law Implemented: SDCL 41-13A-2.

ARSD 41:10:04:02.01 Aquatic species conveyance launching and removal exceptions

The following are exempt from SDCL 41-13A-3 and 41-13A-4:

(1) An owner and agent of the owner of a conveyance with dressinid mussels attached that is subsequently launched directly into the infested water from which it was removed, if the conveyance was stored on the riparian property of the owner or at a marina business property on the infested water, prior to launch; and

(2) An owner and agent of the owner of a conveyance with a shooting or observational blind constructed of aquatic macrophytes cut above the water line, attached to or in the conveyance.

History

• Source: 48 SDR 60, effective December 8, 2021.
• General Authority: SDCL 41-2-18(26).
• Law Implemented: SDCL 41-13A-3, 41-13A-4.

ARSD 41:10:04:03 Boat restrictions

Boat** restrictions. Except for emergency response boats or as authorized by the secretary, all trailered boats must have all drain plugs, bailers, valves, and other devices used to control the drainage of water opened or removed, except while in a boat ramp parking area or while being launched or loaded.

Cross-Reference: Definition, waters of the state, SDCL 34A-2-2(12).

History

• Source: 38 SDR 116, effective January 10, 2012; 39 SDR 100, effective December 3, 2012; 41 SDR 173, effective May 11, 2015; 43 SDR 89, effective December 29, 2016; 43 SDR 146, May 22, 2017; 45 SDR 89, effective December 31, 2018; 47 SDR 48, effective October 29, 2020.
• General Authority: SDCL 41-13A-4.
• Law Implemented: SDCL 41-13A-4.

ARSD 41:10:04:04 Repealed

Watercraft inspections.** Repealed.

History

• Source: 39 SDR 100, effective December 3, 2012; 41 SDR 173, effective May 11, 2015; 47 SDR 48, effective October 29, 2020.

ARSD 41:10:04:05 Fish and bait transportation restrictions

Except as authorized by the Secretary, a person may not transport fish or aquatic bait in water obtained from a lake, river, or stream except when in a boat ramp parking area.

Cross-Reference: Definitions, lake, § 74:51:01:01(31); stream, § 74:51:01:01(43); river, SDCL 46A-1-3(14).

History

• Source: 41 SDR 173, effective May 11, 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 41:10:04:06 Infested water -- Definition

41 : 10 : 04 : 06 . Infested water -- Definition . For purposes of this chapter, "infested water" means a body of water that has an established zebra or quagga mussel population, a water body downstream of an infested water with a likelihood of becoming infested, or waters that are located outside this state and designated by a legal jurisdiction as infested by zebra or quagga mussels.

Cross-Reference: Definition, waters of the state, SDCL 34A-2-2(12).

History

• Source: 43 SDR 146, effective May 22, 2017; 45 SDR 89, effective December 31, 2018; 46 SDR 20, (emergency rule) effective July 30, 2019; (emergency removed) effective October 30, 2019; 46 SDR 74, effective December 2, 2019; 47 SDR 17, (emergency rule) effective July 31, 2020; (emergency removed) 47 SDR 48, effective October 29, 2020.
• General Authority: SDCL 41-2-18(28).
• Law Implemented: SDCL 41-2-18(28).

ARSD 41:10:04:07 Repealed

41 : 10 : 04 : 07 . Local boat registries. Repealed.

History

• Source: 43 SDR 146, effective May 22, 2017; 47 SDR 48, effective October 29, 2020.

ARSD 41:10:04:08 Repealed

Decontamination required -- residual water present. Repealed.

History

• Source: 43 SDR 146, effective May 22, 2017; 47 SDR 48, effective October 29, 2020; 48 SDR 60, effective December 8, 2021.

ARSD 41:10:04:09 Repealed

Decontamination required -- moored boats. Repealed.

History

• Source: 43 SDR 146, effective May 22, 2017; 47 SDR 48, effective October 29, 2020; 48 SDR 60, effective December 8, 2021.

ARSD 41:10:04:10 Decontamination procedure

41 : 10 : 04 : 10 . Decontamination procedure. The department approved decontamination procedures are protocols described in "Uniform Minimum Protocols and Standards for Watercraft Inspection and Decontamination Programs for Dreissenid Mussels in the Western United States" (UMPS), 3rd edition, published by the Pacific States Marine Fisheries Commission.

Reference: "Uniform Minimum Protocols and Standards for Watercraft Inspection and Decontamination Programs for Dreissenid Mussels in the Western United States" (UMPS) (2016), 3rd edition, published by the Pacific States Marine Fisheries Commission. Copies may be obtained from the Pacific States Marine Fisheries Commission, Portland, Oregon 97202. Cost: No cost.

History

• Source: 47 SDR 48, effective October 29, 2020.
• General Authority: SDCL 41-2-18(29).
• Law Implemented: SDCL 41-2-18(29).