South Dakota Administrative Code

Rule 41:10:02:15 Repealed. 41:10:02:15.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Repealed. Source: 4 SDR 57, effective March 16, 1978; repealed, 10 SDR 76, 10 SDR 102, effective July 1, 1984.

Rule 41:10:02:16 Repealed. 41:10:02:16.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Repealed. Source: 4 SDR 57, effective March 16, 1978; repealed, 10 SDR 76, 10 SDR 102, effective July 1, 1984.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

Rule 41:10:04:07 Repealed. 41:10:04:07. Local boat registries. Repealed. Source: 43 SDR 146, effective May 22, 2017; 47 SDR 48, effective October 29, 2020.

41:10:04:08. Decontamination required -- residual water present. Repealed. Source: 43 SDR 146, effective May 22, 2017; 47 SDR 48, effective October 29, 2020; 48 SDR 60, effective December 8, 2021.

41:10:04:09. Decontamination required -- moored boats. Repealed. Source: 43 SDR 146, effective May 22, 2017; 47 SDR 48, effective October 29, 2020; 48 SDR 60, effective December 8, 2021.

Rule 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…

Rule 41:13:01:01 Definitions. 41:13:01:01. Definitions. Terms used in this article are defined as follows: (1) "Concessionaire," an operator of resort, restaurant, or marina services in the state park system who is authorized under a written lease or agreement directly with the D…

Rule 41:13:02:01 Application of article. 41:13:02:01. Application of article. Unless an existing concession lease or agreement provides to the contrary, this article applies to new leases of concessionaires executed after the effective date of this article. As it relates to the c…

Rule 41:13:02:02 Establishment of possessory interest. CHAPTER 41:13:02 41:13:02:02. Establishment of possessory interest. A possessory interest may be established by a concessionaire in concessionaire facilities or government facilities to the extent the interest is purchased fr…

Rule 41:13:02:03 Compliance with performance standards. CHAPTER 41:13:02 41:13:02:03. Compliance with performance standards. A concession lease or agreement shall include minimum performance standards. The concessionaire shall comply with these performance standards to the satisf…

Rule 41:13:02:04 Treatment of personal property. CHAPTER 41:13:02 41:13:02:04. Treatment of personal property. A concessionaire shall provide and be responsible for the maintenance, upkeep, and replacement of any personal property required under the terms of a lease or agreement.…

Rule 41:13:02:05 Franchise fee. CHAPTER 41:13:02 41:13:02:05. Franchise fee. The concession lease or agreement shall provide for payment of a franchise fee or other monetary consideration as determined by the commission. In establishing a fee the concessionaire's reasonable oppor…

Rule 41:13:02:06 Repair and maintenance reserve. CHAPTER 41:13:02 41:13:02:06. Repair and maintenance reserve. In addition to a franchise fee, the concession lease or agreement may contain provisions that require the concessionaire to set aside a percentage of gross receipts or o…

Rule 41:13:02:07 Fees, rates, and prices for services and merchandise offered by a concessionaire. CHAPTER 41:13:02 41:13:02:07. Fees, rates, and prices for services and merchandise offered by a concessionaire. All fees, rates, and prices offered to the public by a concessionaire…

Rule 41:13:02:08 Names, logos, trademarks, and copyrights. CHAPTER 41:13:02 41:13:02:08. Names, logos, trademarks, and copyrights. Any names, logos, trademarks, or copyrights developed during or pursuant to a concession lease or agreement that in any way associates with, identifi…

Rule 41:13:02:09 Information and reporting. CHAPTER 41:13:02 41:13:02:09. Information and reporting. The department, commission, or their representative shall have access to concessionaire books and records for the purposes of examination. The lease or agreement shall include req…

Rule 41:13:02:10 Insurance. CHAPTER 41:13:02 41:13:02:10. Insurance. The lease or agreement shall include minimum requirements for insurance, including types of insurance and amounts of coverage levels, and those to be named as additionally insured. Source: 32 SDR 55, effective O…

Rule 41:13:02:11 Collateral. CHAPTER 41:13:02 41:13:02:11. Collateral. The lease or agreement may require the concessionaire to furnish appropriate forms of collateral to insure performance of the obligations included in the lease or agreement. Source: 32 SDR 55, effective Octobe…

Rule 41:13:02:12 Breach of lease or agreement. CHAPTER 41:13:02 41:13:02:12. Breach of lease or agreement. The lease or agreement shall contain provisions addressing breach of the lease or agreement by the commission or the concessionaire. Source: 32 SDR 55, effective October 17,…

Rule 41:13:03:01 Duration of concession lease or agreement. CHAPTER 41:13:02 41:13:03:01. Duration of concession lease or agreement. The concession lease or agreement, except for existing concession leases or agreements under negotiation, amendment, or renegotiation on the effect…

Rule 41:13:03:02 Procedure to determine compensation to a concessionaire upon expiration of lease or agreement. CHAPTER 41:13:02 41:13:03:02. Procedure to determine compensation to a concessionaire upon expiration of lease or agreement. Prior to the expiration of a concession lea…

Rule 41:13:03:03 Procedure for binding arbitration. CHAPTER 41:13:02 41:13:03:03. Procedure for binding arbitration. The procedure for binding arbitration is as follows: (1) The department or concessionaire may, by written notice to the other within 30 days after receipt of the a…

Rule 41:13:03:04 Compensation to concessionaire. CHAPTER 41:13:02 41:13:03:04. Compensation to concessionaire. Compensation for a possessory interest held by the concessionaire upon expiration of the concession lease or agreement, unless otherwise provided in the lease or agreeme…

Rule 41:13:03:05 Repealed. CHAPTER 41:13:02 41:13:03:05. Preferential right of renewal. Repealed. Source: 16 SDR 148, effective March 21, 1990; repealed, 32 SDR 55 effective October 17, 2005.

Rule 41:13:03:06 Repealed. CHAPTER 41:13:02 41:13:03:06. Procedures for preferential right of renewal. Repealed. Source: 16 SDR 148, effective March 21, 1990; repealed, 32 SDR 55, effective October 17, 2005.

Rule 41:13:03:07 Repealed. CHAPTER 41:13:02 41:13:03:07. Consideration by commission. Repealed. Source: 16 SDR 148, effective March 21, 1990; repealed, 32 SDR 55, effective October 17, 2005.

Rule 41:13:03:08 Responsibilities and procedures prior to issuance of new lease or agreement. CHAPTER 41:13:02 41:13:03:08. Responsibilities and procedures prior to issuance of new lease or agreement. Prior to the issuance of a new concession lease or agreement, the commission ma…

Rule 41:13:03:09 Procedures for selection and award. CHAPTER 41:13:02 41:13:03:09. Procedures for selection and award. Except as provided in § 41:13:03:01, the commission shall award concession leases or agreements through a public solicitation process. The public solicitation pr…

Rule 41:13:03:10 Prospectus requirements. CHAPTER 41:13:02 41:13:03:10. Prospectus requirements. The prospectus shall include: (1) Minimum visitor service requirements; (2) The minimum franchise fee or other forms of consideration required by the state; (3) Lease term; (4) Minimu…

Rule 41:13:03:11 Principal selection factors. CHAPTER 41:13:02 41:13:03:11. Principal selection factors. The principal selection factors are: (1) Managerial experience; (2) Financial capabilities; (3) Franchise fees and benefits offered to the department and the state; and (4) An…

Rule 41:13:03:12 Publication of notice of issuance of prospectus. CHAPTER 41:13:02 41:13:03:12. Publication of notice of issuance of prospectus. Upon issuance of the prospectus, the department shall publish notice of issuance in a manner selected to notify persons likely to be in…

Rule 41:13:03:13 Minimum period to respond to prospectus. CHAPTER 41:13:02 41:13:03:13. Minimum period to respond to prospectus. Interested parties shall have a minimum of 30 days to respond to the prospectus, with the actual numbers of days to be specified in the prospectus. Sou…

Rule 41:13:03:14 Rejection by commission. CHAPTER 41:13:02 41:13:03:14. Rejection by commission. A proposal may be rejected by the commission if the proposal has not met the minimum requirements and is unresponsive to criteria outlined in the prospectus. Source: 32 SDR 55, effect…

Rule 41:13:03:15 Proposal review -- Selection of successor -- Continuation of existing lease. CHAPTER 41:13:02 41:13:03:15. Proposal review -- Selection of successor -- Continuation of existing lease. Six months prior to the expiration date of the concession lease or agreement, t…

Rule 41:13:03:16 Requirements in the event of termination or expiration. CHAPTER 41:13:02 41:13:03:16. Requirements in the event of termination or expiration. Upon termination of the lease or agreement for any reason, or upon its expiration, and except as otherwise agreed upon be…

Rule 41:13:04:01 Conflicting rules not applicable to Custer State Park. CHAPTER 41:13:02 41:13:04:01. Conflicting rules not applicable to Custer State Park. Any application of a rule in this chapter that conflicts with SDCL 41-17-22.4 does not apply to concessionaire leases of pr…