South Dakota Administrative Code

Rule 41:09:06:12 Transferred. 41:09:06:12. Transferred to § 41:09:06:18.

Rule 41:09:06:13 Transferred. 41:09:06:13. Transferred to § 41:09:06:29.

Rule 41:09:06:14 Repealed. 41:09:06:14. Removal of eggs from nest forbidden.Repealed. Source: SL 1975, ch 16, § 1; 10 SDR 76, 10 SDR 102, effective July 1, 1984; repealed, 12 SDR 92, effective December 4, 1985.

Rule 41:09:06:15 Transferred. 41:09:06:15. Transferred to § 41:09:06:22.

Rule 41:09:06:16 Transferred. 41:09:06:16. Transferred to § 41:09:06:31.

Rule 41:09:06:17 Definitions. 41:09:06:17. Definitions. As used in this chapter: (1) "Falconry" means the sport of taking quarry by means of a trained raptor; (2) "Raptor" means all birds that are members of the order Falconiformes or Strigiformes including falcons, hawks, eagles…

Rule 41:09:06:18 Application for falconry permit -- Requirements -- Limitations. 41:09:06:18. Application for falconry permit -- Requirements -- Limitations. A person may not take, transport, possess, sell, purchase, barter, or offer to sell, purchase, or barter a raptor unless a…

Rule 41:09:06:19 Permit fees. 41:09:06:19. Permit fees. A falconry permit expires on the date designated on the face of the permit unless it is revoked, but not more than three years from the date of issuance or renewal. Licenses shall be renewed at three-year intervals. New perm…

Rule 41:09:06:20 Inspection of facilities. 41:09:06:20. Inspection of facilities. Before issuance of a permit allowing the possession of raptors, a department representative shall inspect the applicant's facilities for keeping the raptors. Any deficiencies noted must be corrected…

Rule 41:09:06:21 Taking or acquisition of raptors -- Trapping requirements. 41:09:06:21. Taking or acquisition of raptors -- Trapping requirements. No person may take or attempt to take any raptor without first acquiring a raptor collecting permit issued by the department. A perm…

Rule 41:09:06:22 Threatened and endangered species protected. 41:09:06:22. Threatened and endangered species protected. A person may not capture or possess a raptor designated as a threatened or endangered species under 50 C.F.R. Part 17 (April 10, 1987) or capture a raptor liste…

Rule 41:09:06:23 Repealed. Repealed. 41:09:06:23. Permanent marking -- Restrictions. Repealed. Source: 3 SDR 51, effective January 26, 1977; 10 SDR 76, 10 SDR 102, effective July 1, 1984; transferred from § 41:09:06:05.01, 12 SDR 92, effective December 4, 1985; 16 SDR 169, effect…

Rule 41:09:06:24 Repealed. 41:09:06:24. Transportation -- Permit required.Repealed. Source: SL 1975, ch 16, § 1; 3 SDR 51, effective January 26, 1977; 10 SDR 76, 10 SDR 102, effective July 1, 1984; transferred from §§ 41:09:06:10 and 41:09:06:11, 12 SDR 92, effective December 4, …

Rule 41:09:06:25 Repealed. 41:09:06:25. Report of loss of raptor -- Release procedure. Repealed. Source: SL 1975, ch 16, § 1; 3 SDR 51, effective January 26, 1977; 10 SDR 76, 10 SDR 102, effective July 1, 1984; transferred from § 41:09:06:07, 12 SDR 92, effective December 4, 1985…

Rule 41:09:06:26 Repealed. 41:09:06:26. Temporary care of raptors. Repealed. Source: 3 SDR 51, effective January 26, 1977; 10 SDR 76, 10 SDR 102, effective July 1, 1984; transferred from § 41:09:06:10.01, 12 SDR 92, effective December 4, 1985; 16 SDR 169, effective April 23, 1990…

Rule 41:09:06:27 Repealed. 41:09:06:27. Feather disposition. Repealed. Source: 3 SDR 51, effective January 26, 1977; 10 SDR 76, 10 SDR 102, effective July 1, 1984; transferred from § 41:09:06:10.01, 12 SDR 92, effective December 4, 1985; repealed, 36 SDR 170, adopted April 21, 20…

Rule 41:09:06:28 Hunting by falconry -- Requirements -- Restrictions. 41:09:06:28. Hunting by falconry -- Requirements -- Restrictions. A person may hunt by falconry in South Dakota only if the person has been issued a falconry permit by the person's state of residence and has ob…

Rule 41:09:06:29 Captive-bred raptors -- Requirements -- Restrictions. 41:09:06:29. Captive-bred raptors -- Requirements -- Restrictions. A person may engage in raptor breeding by obtaining written permission to do so from the department and the United States Fish and Wildlife Se…

Rule 41:09:06:30 Annual reports. 41:09:06:30. Annual reports. A report of all raptors in possession shall be submitted by each falconry permittee to the department at the time of permit application or renewal. All falconry permittees who hunt by means of raptors shall also submit…

Rule 41:09:06:31 Suspension and revocation of permits. 41:09:06:31. Suspension and revocation of permits. A permit may be summarily suspended by the secretary of the department during the pendency of any proceedings involving the permittee's misuse of privileges extended by the p…

Rule 41:09:06:32 Standards for falconry. 41:09:06:32. Standards for falconry. The standards for the practice of falconry in South Dakota are those in 50 C.F.R. § 21.29 (February 8, 2010). Source: 36 SDR 170, adopted April 21, 2010, effective January 1, 2011. General Authority: SD…

Rule 41:09:07:01 Repealed. 41:09:07:01. Applicability of chapter. Repealed. Source: SL 1975, ch 16, § 1; 10 SDR 76, 10 SDR 102, effective July 1, 1984; 29 SDR 80, effective December 10, 2002; repealed, 39 SDR 10, effective August 1, 2012.

Rule 41:09:07:02 Hatchery license types and fees. 41:09:07:02. Hatchery license types and fees. The license types and fees for a private fish hatchery license are as follows: (1) An aquaculture license authorizes the licensee to sell, possess, transport, propagate, rear, or produ…

Rule 41:09:07:03 Repealed. 41:09:07:03. License expiration. Repealed. Source: SL 1975, ch 16, § 1; 10 SDR 76, 10 SDR 102, effective July 1, 1984; 29 SDR 80, effective December 10, 2002; 37 SDR 112, effective December 8, 2010; repealed, 39 SDR 10, effective August 1, 2012. Rule 41…

Rule 41:09:07:03.01 Repealed. 41:09:07:03.01. Application for license. Repealed. Source: 29 SDR 80, effective December 10, 2002; 35 SDR 184, effective February 2, 2009; repealed, 39 SDR 10, effective August 1, 2012.

Rule 41:09:07:03.02 License approval criteria. 41:09:07:03.02. License approval criteria. The department shall require compliance with the following criteria before issuing a new private fish hatchery license or adding any new facility or water to an existing license: (1) That an…

Rule 41:09:07:04 Bill of sale or other written authorization required -- Exceptions. 41:09:07:04. Bill of sale or other written authorization required -- Exceptions. A private fish hatchery licensee shall provide to each customer a bill of sale or other form of written authorizat…

41:09:07:05. Records required. A private fish hatchery licensee shall keep a record of all transactions. If the transaction involves the purchase or receipt of fish or any fish reproductive product, the record must contain the number, size, and species of fish; the date of the tr…

Rule 41:09:07:06 Repealed. 41:09:07:06. Report required.Repealed. Source: SL 1975, ch 16, § 1; 10 SDR 76, 10 SDR 102, effective July 1, 1984; 15 SDR 103, effective January 19, 1989; repealed, 29 SDR 80, effective December 10, 2002. Rule 41:09:07:06.01 Inspection by department rep…

Rule 41:09:07:06.01 Inspection by department representative. 41:09:07:06.01. Inspection by department representative. A copy of the applicable private fish hatchery license must be immediately available for inspection upon request by a department representative at the hatchery fa…

Rule 41:09:07:06.02 Hatchery license in possession while transporting live fish or fish reproductive products. 41:09:07:06.02. Hatchery license in possession while transporting live fish or fish reproductive products. The applicable private fish hatchery license, or a legible cop…

Rule 41:09:07:06.03 Repealed. 41:09:07:06.03. Inspection by department representative. Repealed. Source: 29 SDR 80, effective December 10, 2002; 35 SDR 184, effective February 2, 2009; 47 SDR 27, effective September 15, 2020.

41:09:07:06.04. Fish health inspection required. Repealed. Source: 29 SDR 80, effective December 10, 2002; 35 SDR 184, effective February 2, 2009; 36 SDR 112, effective January 11, 2010; 37 SDR 112, effective December 8, 2010; 42 SDR 93, effective December 30, 2015; 43 SDR 89, ef…

Rule 41:09:07:07 Conviction for violation is cause for revocation and non-renewal of hatchery license. 41:09:07:07. Conviction for violation is cause for revocation and non-renewal of hatchery license. A conviction for a violation of any of the provisions of this chapter or of SD…

Rule 41:09:08:01 Repealed. 41:09:08:01. Salmonidae importation prohibited without permit.Repealed. Source: SL 1975, ch 16, § 1; 10 SDR 76, 10 SDR 102, effective July 1, 1984; 15 SDR 103, effective January 19, 1989; repealed, 29 SDR 80, effective December 10, 2002 Rule 41:09:08:01…

Rule 41:09:08:01.01 Fish importation prohibited -- Exceptions. 41:09:08:01.01. Fish importation prohibited -- Exceptions. A person may not import live fish or any fish reproductive product into the state except for the following: (1) A person possessing a valid fish importation p…

Rule 41:09:08:02 Repealed. 41:09:08:02. Certificate of source required.Repealed. Source: SL 1975, ch 16, § 1; 10 SDR 76, 10 SDR 102, effective July 1, 1984; repealed, 15 SDR 103, effective January 19, 1989.

Rule 41:09:08:03 Repealed. 41:09:08:03. Disease-free certificate required.Repealed. Source: SL 1975, ch 16, § 1; 10 SDR 76, 10 SDR 102, effective July 1, 1984; 15 SDR 103, effective January 19, 1989; repealed, 29 SDR 80, effective December 10, 2002. Rule 41:09:08:03.01 Applicatio…

Rule 41:09:08:03.01 Application requirements for fish importation permit -- Validity requirements -- Types -- Fees. 41:09:08:03.01. Application requirements for fish importation permit -- Validity requirements -- Types -- Fees. A person shall make application for a fish importati…

Rule 41:09:08:03.02 Repealed. 41:09:08:03.02. Fish health inspection and accepted guidelines. Repealed. Source: 29 SDR 80, effective December 10, 2002; 32 SDR 109, effective December 27, 2005; repealed, 35 SDR 184, effective February 2, 2009.

Rule 41:09:08:03.03 Pathogens of regulatory concern. 41:09:08:03.03. Pathogens of regulatory concern. Fish pathogens of regulatory concern are as follows: (1) For all fish species: (a) Viral hemmorrhagic septicemia virus – V.H.S; and (b) Yersinia ruckeri - enteric redmouth diseas…

41:09:08:03.04. Importation requirements for fish or fish reproductive products. Before the department may issue an importation permit for fish or any fish reproductive product, a current fish health certification or a fish health inspection report must be submitted to the depart…

Rule 41:09:08:03.05 Repealed. 41:09:08:03.05. Importation requirements for fish or fish reproductive products obtained from non salmonid facility. Repealed. Source: 29 SDR 80, effective December 10, 2002; repealed, 35 SDR 184, effective February 2, 2009.

Rule 41:09:08:04 Packaging and shipping procedure. 41:09:08:04. Packaging and shipping procedure. Any live fish or fish reproductive product that requires an importation permit shall be packaged and shipped in the original containers from a facility that has been inspected as pro…

Rule 41:09:08:05 Inspection of shipments. 41:09:08:05. Inspection of shipments. Any live fish or fish reproductive product imported under this chapter is subject to inspection either at the place of entry into the state or at other locations suitable to the department. The inspec…

Rule 41:09:08:06 Shipments in violation of rules -- Disposal. 41:09:08:06. Shipments in violation of rules -- Disposal. Any shipment failing to display an importation permit, found to be diseased upon inspection, containing any species not authorized by the import permit, or othe…

Rule 41:09:08:07 In-transit shipments exempt -- Exceptions. 41:09:08:07. In-transit shipments exempt -- Exceptions. Any in-transit shipment through South Dakota substantiated by an invoice or shipping document is not subject to the provisions of this chapter. However, such a ship…

Rule 41:09:10:01 Repealed. 41:09:10:01. Resident and nonresident fur dealer licenses -- Application period.Repealed. Source: 9 SDR 30, effective September 13, 1982; 10 SDR 12, effective August 17, 1983; repealed, 10 SDR 76, 10 SDR 102, effective July 1, 1984.

Rule 41:09:10:02 Resident fur dealers' records -- Reporting. 41:09:10:02. Resident fur dealers' records -- Reporting. Resident fur dealers shall maintain records of the number and kind of each skin purchased, the full name and address of each resident trapper or hunter, the vendo…

Rule 41:09:10:03 Grounds for refusal to issue fur dealer license. 41:09:10:03. Grounds for refusal to issue fur dealer license. A conviction for a violation of any of this chapter may be cause for immediate revocation of the fur dealer license and serve as the basis for the depar…