South Dakota Administrative Code

Rule 41:09:02:01 Expiration date of license. 41:09:02:01. Expiration date of license. A captive game bird license expires on December 31 of the calendar year for which the license was issued. Source: SL 1975, ch 16, § 1; 8 SDR 86, effective January 18, 1982; 10 SDR 12, effective …

Rule 41:09:02:02 Possession of captive game birds prohibited -- Exceptions -- License types and fees. 41:09:02:02. Possession of captive game birds prohibited -- Exceptions -- License types and fees. No person may possess captive game birds without a captive game bird license, as…

Rule 41:09:02:02.01 License application. 41:09:02:02.01. License application. The application for a captive game bird license must include: (1) The name and address of licensee; (2) The number of game birds by species and sex to be held in captivity; (3) The legal origin of game …

Rule 41:09:02:02.02 Transferred. 41:09:02:02.02. Transferred to § 41:09:02:09.

Rule 41:09:02:02.03 Repealed. 41:09:02:02.03. Certificate of health required.Repealed. Source: 8 SDR 86, effective January 18, 1982; repealed, 10 SDR 12, effective August 17, 1983.

Rule 41:09:02:02.04 Repealed. 41:09:02:02.04. Health department to be notified of diseases transmissible to man.Repealed. Source: 8 SDR 86, effective January 18, 1982; repealed, 10 SDR 12, effective August 17, 1983.

Rule 41:09:02:03 Captive waterfowl -- Compliance with federal regulations. 41:09:02:03. Captive waterfowl -- Compliance with federal regulations. All migratory waterfowl propagated, possessed, sold, or offered for sale under a captive game bird license must be marked for identifi…

Rule 41:09:02:04 Identification marking required. 41:09:02:04. Identification marking required. Except for partridge and quail, any game bird propagated, possessed, sold, offered for sale, or released from captivity must have one front toe or one hind toe on either foot removed b…

Rule 41:09:02:05 Bill of sale required of persons other than licensees. 41:09:02:05. Bill of sale required of persons other than licensees. Any game bird propagated under a captive game bird license that has not been shot may not be possessed, placed in public storage, transporte…

Rule 41:09:02:06 Enclosing wild and captive-raised game birds in same package prohibited. 41:09:02:06. Enclosing wild and captive-raised game birds in same package prohibited. No wild game bird may be packaged or shipped within a container that includes any game bird that has not…

Rule 41:09:02:06.01 Release to the wild prohibited. 41:09:02:06.01. Release to the wild prohibited. A person may not release into the wild within the state any game birds, except ring-necked pheasants, partridge, wild turkeys, or quail, without written consent of the department. …

Rule 41:09:02:07 Repealed. 41:09:02:07. Reports required.Repealed. Source: SL 1975, ch 16, § 1; 8 SDR 86, effective January 18, 1982; repealed, 10 SDR 12, effective August 17, 1983.

Rule 41:09:02:08 Records required -- Contents -- Inspection -- Submission of annual report. 41:09:02:08. Records required -- Contents -- Inspection -- Submission of annual report. Each commercial captive game bird licensee shall keep a written record of all game birds sold under …

Rule 41:09:02:08.01 Premises to be open to inspection. 41:09:02:08.01. Premises to be open to inspection. A licensee shall permit an authorized department representative to inspect the game birds and the facilities in which these birds are held in captivity, during normal busines…

Rule 41:09:02:09 Revocation or refusal to issue license. 41:09:02:09. Revocation or refusal to issue license. The department may refuse to issue or may revoke a license to a licensee under the following circumstances: (1) The licensee has violated a provision of this chapter gove…

Rule 41:09:04:01 Repealed. 41:09:04:01. Baitfish defined.Repealed. Source: SL 1975, ch 16, § 1; 10 SDR 76, 10 SDR 102, effective July 1, 1981; repealed, 11 SDR 156, effective May 27, 1985.

Rule 41:09:04:02 Taking, possession, and transportation. 41:09:04:02. Taking, possession, and transportation. Only lawful anglers and bait dealers may take, possess, or transport bait from the waters of the state. Source: SL 1975, ch 16, § 1; 10 SDR 76, 10 SDR 102, effective July…

Rule 41:09:04:02.01 License fees. 41:09:04:02.01. License fees. The fees for bait dealer licenses are as follows: (1) Resident retail bait dealer, $30; (2) Resident wholesale bait dealer, $275; (3) Nonresident wholesale bait dealer, $550; (4) Export bait dealer, $400; and (5) Non…

41:09:04:02.02. Species that may be taken as bait for commercial use. Species that may be taken and sold by any licensed resident bait dealer or sold by any licensed nonresident bait dealer are: fathead minnow, white sucker, creek chub, golden shiner, emerald shiner, spottail shi…

Rule 41:09:04:02.03 Transferred. 41:09:04:02.03. Transferred to § 41:09:04:02.05

41:09:04:02.04 Species that may be taken as bait for noncommercial use. Species that may be taken as bait by legal anglers for noncommercial use, by methods described in § 41:09:04:04, are: flathead chub, western silvery minnow, plains minnow, fathead minnow, white sucker, creek …

Rule 41:09:04:02.05 Noncommercial limits defined. 41:09:04:02.05. Noncommercial limits defined. The limits for species listed in § 41:09:04:02.04 that a lawful angler may take and possess from the waters of the state for noncommercial use are: (1) Baitfish (all species aggregate)…

Rule 41:09:04:02.06 Eligibility for bait dealers, agents, and employees. 41:09:04:02.06. Eligibility for bait dealers, agents, and employees. A bait dealer shall list, on the dealer's application, each employee or agent who will engage in trapping, transporting, delivering, raisi…

Rule 41:09:04:03 Waters closed to commercial and noncommercial taking of bait. 41:09:04:03. Waters closed to commercial and noncommercial taking of bait. Notwithstanding the provisions of § 41:09:04:04, the following waters are closed to commercial and noncommercial taking of bai…

Rule 41:09:04:03.01 Waters closed to commercial taking of bait. 41:09:04:03.01. Waters closed to commercial taking of bait. Notwithstanding the provisions of § 41:09:04:04, the following waters are closed to commercial taking of bait year-round: (1) Aurora County: Wilmarth Lake; …

Rule 41:09:04:03.02 Waters closed to commercial taking of bait from May 1 through July 31. 41:09:04:03.02. Waters closed to commercial taking of bait from May 1 through July 31. Notwithstanding the provisions of § 41:09:04:04, the following waters are closed to commercial taking …

Rule 41:09:04:03.03 Waters closed to commercial and noncommercial taking of freshwater mussels. 41:09:04:03.03. Waters closed to commercial and noncommercial taking of freshwater mussels. All waters of the state, including waters bordering with other states, are closed to the har…

41:09:04:04. Seines, nets, and traps limited. Licensed resident wholesale and retail bait dealers may possess and use regular or bag seines not longer than fifty feet nor deeper than six feet. All traps must have a rigid entrance no larger than one inch wide. Trap throats exposed…

Rule 41:09:04:05 Trap spacing limited -- Emptying required. 41:09:04:05. Trap spacing limited -- Emptying required. Bait traps may not be set to cover more than one-half of the width of a stream. All bait traps must be lifted and emptied of fish often enough to prevent loss of ba…

Rule 41:09:04:06 Trap marking required -- Licensee liable. 41:09:04:06. Trap marking required -- Licensee liable. All bait traps shall be marked conspicuously and legibly with the licensee's name and address. Any bait trap lost or stolen shall be reported within five days of know…

Rule 41:09:04:07 Game fish and endangered species to be returned to waters -- Rough fish may be destroyed. 41:09:04:07. Game fish and endangered species to be returned to waters -- Rough fish may be destroyed. Game fish or threatened and endangered species defined in §§ 41:10:02:…

Rule 41:09:04:08 Repealed. 41:09:04:08. Bait transportation requirements. Repealed. Source: SL 1975, ch 16, § 1; 10 SDR 76, 10 SDR 102, effective July 1, 1984; 15 SDR 103, effective January 19, 1989; 35 SDR 184, effective February 2, 2009; repealed, 39 SDR 10, effective August 1,…

Rule 41:09:04:09 Repealed. 41:09:04:09. Keeping of bait restricted. Repealed. Source: SL 1975, ch 16, § 1; 10 SDR 76, 10 SDR 102, effective July 1, 1984; 15 SDR 103, effective January 19, 1989; 35 SDR 253, effective May 13, 2009; repealed, 39 SDR 10, effective August 1, 2012.

Rule 41:09:04:10 Repealed. 41:09:04:10. Evidence of violation. Repealed. Source: SL 1975, ch 16, § 1; 10 SDR 76, 10 SDR 102, effective July 1, 1984; 11 SDR 156, effective May 27, 1985; 15 SDR 103, effective January 19, 1989; 35 SDR 184, effective February 2, 2009; 35 SDR 253, eff…

Rule 41:09:04:11 Transportation by dealers -- Inspection. 41:09:04:11. Transportation by dealers -- Inspection. Repealed. Source: SL 1975, ch 16, § 1; 10 SDR 76, 10 SDR 102, effective July 1, 1984; 15 SDR 103, effective January 19, 1989; 35 SDR 184, effective February 2, 2009; re…

Rule 41:09:04:12 Transportation of baity and other fish by bait dealer. 41:09:04:12. Transportation of bait and other fish by bait dealer. A bait dealer may not transport other fish while transporting baitfish unless the dealer is legally licensed under a private hatchery license…

Rule 41:09:04:13 Repealed. 41:09:04:13. Transportation of sucker spawn or frogs prohibited. Repealed. Source: SL 1975, ch 16, § 1; 10 SDR 76, 10 SDR 102, effective July 1, 1984; 15 SDR 103, effective January 19, 1989; 35 SDR 253, effective May 13, 2009; repealed, 39 SDR 10, effec…

Rule 41:09:04:14 Bait dealer's license displayed. 41:09:04:14. Bait dealer's license displayed. A copy of the bait dealer's license shall be conspicuously displayed in all places where bait is sold. Source: SL 1975, ch 16, § 1; 10 SDR 76, 10 SDR 102, effective July 1, 1984; 15 SD…

Rule 41:09:04:14.01 Bait dealer's license in possession while transporting bait. 41:09:04:14.01. Bait dealer's license in possession while transporting bait. The applicable wholesale, retail, or export bait dealer's license, or a legible copy thereof, shall be kept in each vehicl…

Rule 41:09:04:15 Equipment identification. 41:09:04:15. Equipment identification. The name or business name of the bait dealer and the word "Bait" shall be conspicuously displayed in letters and numbers not less than three inches high and one inch wide on both sides of each vehic…

41:09:04:16. Records required. All records required in §§ 41:09:04:16.01 through 41:09:04:16.06, must be recorded and maintained on forms supplied by the department, or electronically in a format approved by the department. Each record must be kept current and available for inspe…

Rule 41:09:04:16.01 Records required for bait taken in South Dakota waters. 41:09:04:16.01. Records required for bait taken in South Dakota waters. Licensed resident wholesale and retail bait dealers shall maintain the following records for bait taken in South Dakota waters: (1) …

Rule 41:09:04:16.02 Records required for bait imported into South Dakota. 41:09:04:16.02. Records required for bait imported into South Dakota. Licensed resident wholesale and retail bait dealers shall maintain the following records for bait imported into South Dakota: (1) Date t…

41:09:04:16.03. Records required for bait sold at retail in South Dakota. Repealed. Source: 35 SDR 253, effective May 13, 2009; 48 SDR 60, effective December 8, 2021.

Rule 41:09:04:16.04 Records required for bait sold at wholesale in South Dakota. 41:09:04:16.04. Records required for bait sold at wholesale in South Dakota. Licensed resident wholesale bait dealers shall maintain the following records for bait sold at wholesale: (1) Date sold; (…

Rule 41:09:04:16.05 Records required for bait purchased and transported out of South Dakota. 41:09:04:16.05. Records required for bait purchased and transported out of South Dakota. Licensed export bait dealers shall maintain the following records for bait purchased and transport…

Rule 41:09:04:16.06 Records required for nonresident bait dealers for bait sold or purchased in South Dakota. 41:09:04:16.06. Records required for nonresident bait dealers for bait sold or purchased in South Dakota. Licensed nonresident bait dealers shall maintain the following r…