South Dakota Administrative Code

Rule 41:09:15:05 Repealed. 41:09:15:05. Minor event application.Repealed. Source: 16 SDR 220, effective June 21, 1990; repealed, 24 SDR 72, effective November 30, 1997.

Rule 41:09:15:06 Repealed. 41:09:15:06. Determination of permit for minor event.Repealed. Source: 16 SDR 220, effective June 21, 1990; repealed, 24 SDR 72, effective November 30, 1997.

Rule 41:09:15:07 Repealed. 41:09:15:07. Factors considered for issuance of a permit. Repealed. Source: 16 SDR 220, effective June 21, 1990; 24 SDR 72, effective November 30, 1997; 47 SDR 27, effective September 15, 2020.

Rule 41:09:15:08 Repealed. 41:09:15:08. Application period and issuance of permit. Repealed. Source: 16 SDR 220, effective June 21, 1990; 24 SDR 72, effective November 30, 1997; 47 SDR 27, effective September 15, 2020.

Rule 41:09:15:09 Restricted times of fishing tournaments. 41:09:15:09. Restricted times of fishing tournaments. Fishing tournaments are not permitted from 8:00 a.m. on Friday to 8:00 p.m. on Sunday on the weekend in May preceding Memorial Day weekend, if it is designated as free …

Rule 41:09:15:10 Repealed. 41:09:15:10. Reports required.Repealed. Source: 16 SDR 220, effective June 21, 1990; repealed, 24 SDR 72, effective November 30, 1997.

Rule 41:09:15:11 Violation of chapter. 41:09:15:11. Violation of chapter. In addition to any statutory provisions, violations of this chapter are cause for revocation of the tournament permit and denial of future fishing tournament permits to the sponsor or organizer of the fishi…

Rule 41:09:16:01 Eligibility requirements. 41:09:16:01. Eligibility requirements. The secretary may grant, with approval from the commission, a scientific collector's license to persons or institutions engaged in scientific research, deemed bona fide by the secretary, or to an in…

Rule 41:09:16:02 Application for license. 41:09:16:02. Application for license. A person or institution must apply for a scientific collector's license on forms provided by the department. The form must contain complete information on the species and numbers of nests, eggs, and w…

Rule 41:09:16:03 Conditions of license. 41:09:16:03. Conditions of license. The license may contain special conditions and provisions for collections of specific nests, eggs, and wild animals, including any part thereof. The license must limit the numbers and specimens to be coll…

Rule 41:09:16:04 Reporting required. 41:09:16:04. Reporting required. A licensee must keep complete records of specimens collected, dates, locations, and dispositions of specimens collected. A collection report form must be completed and submitted to the department in Pierre no l…

Rule 41:09:16:05 Violations. 41:09:16:05. Violations. Violation of any terms of the license or failure to submit the required reports is grounds for termination of the license and for refusal to issue the license in the following year. Source: 23 SDR 35, effective September 16, 1…

Rule 41:09:18:01 Definition of terms. 41:09:18:01. Definition of terms. Terms used in this chapter mean: (1) "Rehabilitation," the process of rescuing, raising, or arranging for veterinary medical care of orphaned, sick, displaced, or injured wild, non-migratory animals with a go…

Rule 41:09:18:02 Wildlife rehabilitator permit required -- Expiration. 41:09:18:02. Wildlife rehabilitator permit required -- Expiration. A rehabilitator may not possess any wildlife species, except migratory birds, for the purpose of rehabilitation without obtaining and complyin…

Rule 41:09:18:03 Application for wildlife rehabilitator permit. 41:09:18:03. Application for wildlife rehabilitator permit. Only residents of South Dakota at least 21 years of age may apply for a wildlife rehabilitator permit. An applicant for a wildlife rehabilitator permit shal…

Rule 41:09:18:04 Permit renewal -- Required documentation. 41:09:18:04. Permit renewal -- Required documentation. A wildlife rehabilitator may renew a wildlife rehabilitator permit upon submission to the department of a permit renewal application together with a report of all wil…

Rule 41:09:18:05 Inspection of facilities. 41:09:18:05. Inspection of facilities. Before issuance of a permit allowing the rehabilitation of wildlife, a department representative shall inspect the applicant's facilities for rehabilitating wildlife. The facilities and equipment sh…

Rule 41:09:18:06 Allowed wildlife species. 41:09:18:06. Allowed wildlife species. Only those wildlife species allowed by the department listed on a permit are approved for temporary care. Source: 39 SDR 33, effective September 5, 2012. General Authority: SDCL 41-2-18(1)(2)(3)(20)…

Rule 41:09:18:07 Release of wildlife. 41:09:18:07. Release of wildlife. No successfully rehabilitated animal may be released without approval from the department. Source: 39 SDR 33, effective September 5, 2012; 47 SDR 27, effective September 15, 2020. General Authority: SDCL 41-2…

Rule 41:09:18:08 Temporary care of wildlife. 41:09:18:08. Temporary care of wildlife. Any animal under the temporary care of a wildlife rehabilitation permit remains the property of the State of South Dakota. No permitted wildlife rehabilitator may permanently possess any animal …

Rule 41:09:18:09 Financial assistance -- Wildlife rehabilitation fees. 41:09:18:09. Financial assistance -- Wildlife rehabilitation fees. The department assumes no financial obligations for and may not provide any financial assistance to a permitted wildlife rehabilitator. No per…

Rule 41:09:18:10 Repealed. 41:09:18:10. Indemnification and liability. Repealed. Source: 39 SDR 33, effective September 5, 2012; 47 SDR 27, effective September 15, 2020.

Rule 41:09:18:11 Suspension and revocation of permits. 41:09:18:11. Suspension and revocation of permits. The department may revoke or suspend a wildlife rehabilitator for any violation of the provisions of this chapter or any other state or federal wildlife laws and regulations …

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. Source: 4 SDR 57, effective March 16, 1978; 10 SDR 76, 10 SDR 102, effe…

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. Source: 4 SDR 57, effective Mar…

Rule 41:10:02:03 Endangered mammal. 41:10:02:03. Endangered mammal. The Blackfooted ferret, Mustela nigripes, is classified as endangered in the state. Source: 4 SDR 57, effective March 16, 1978; 10 SDR 76, 10 SDR 102, effective July 1, 1984; 47 SDR 27, effective September 15, 20…

Rule 41:10:02:04 Threatened mammal. 41:10:02:04. Threatened mammal. The swift fox, Vulpes velox, is classified as threatened in this state. 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,…

Rule 41:10:02:05 Endangered fish. 41:10:02:05. 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, Notropi…

Rule 41:10:02:06 Threatened fish. 41:10:02:06. 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, Ma…

Rule 41:10:02:07 Endangered reptiles. 41:10:02:07. Endangered reptiles. The Lined snake, Tropidoclonion lineatum, is classified as endangered in the state. Source: 4 SDR 57, effective March 16, 1978; repealed, 10 SDR 76, 10 SDR 102, effective July 1, 1984; readopted, 22 SDR 155, …

Rule 41:10:02:08 List of threatened reptiles. 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. Source: 4 SDR 57, effective …

Rule 41:10:02:09 Repealed. 41:10:02:09. List of endangered amphibians.Repealed. Source: 4 SDR 57, effective March 16, 1978; repealed, 10 SDR 76, 10 SDR 102, effective July 1, 1984.

Rule 41:10:02:10 Repealed. 41:10:02:10. List of threatened amphibians.Repealed. Source: 4 SDR 57, effective March 16, 1978; repealed, 10 SDR 76, 10 SDR 102, effective July 1, 1984.

Rule 41:10:02:11 Repealed. 41:10:02:11. List of endangered crustaceans.Repealed. Source: 4 SDR 57, effective March 16, 1978; repealed, 10 SDR 76, 10 SDR 102, effective July 1, 1984.

Rule 41:10:02:12 Repealed. 41:10:02:12. List of threatened crustaceans.Repealed. Source: 4 SDR 57, effective March 16, 1978; repealed, 10 SDR 76, 10 SDR 102, effective July 1, 1984.

Rule 41:10:02:13 Repealed. 41:10:02:13. List of endangered mollusks.Repealed. Source: 4 SDR 57, effective March 16, 1978; repealed, 10 SDR 76, 10 SDR 102, effective July 1, 1984.

Rule 41:10:02:14 Repealed. 41:10:02:14. List of threatened mollusks.Repealed. Source: 4 SDR 57, effective March 16, 1978; repealed, 10 SDR 76, 10 SDR 102, effective July 1, 1984.

Rule 41:10:02:15 Repealed. 41:10:02:15. List of endangered plants.Repealed. Source: 4 SDR 57, effective March 16, 1978; repealed, 10 SDR 76, 10 SDR 102, effective July 1, 1984.

Rule 41:10:02:16 Repealed. 41:10:02:16. List of threatened plants.Repealed. Source: 4 SDR 57, effective March 16, 1978; repealed, 10 SDR 76, 10 SDR 102, effective July 1, 1984.

Rule 41:10:02:17 Harassment defined. 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 d…

Rule 41:10:02:18 Harassment prohibited. 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 duri…

Rule 41:10:02:19 Endangered species permit exemption. 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 the…

Rule 41:10:03:01 List of species of management concern. 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 ecologica…

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, Ctenopharyn…

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 f…

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 wate…

Rule 41:10:04:03 Boat restrictions. 41:10:04:03. 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, ex…

Rule 41:10:04:04 Repealed. 41:10:04:04. Watercraft inspections. Repealed. Source: 39 SDR 100, effective December 3, 2012; 41 SDR 173, effective May 11, 2015; 47 SDR 48, effective October 29, 2020.

Rule 41:10:04:05 Fish and bait transportation restrictions. 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 pa…

Rule 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…