South Dakota Invasive Species
Laws and Regulations
41:07:01:11. Introduction of nonnative fish into state waters prohibited --
Possession and transportation of snakehead fish prohibited. No person may release a fish, mollusk, reptile,
crustacean, or amphibian not native to South Dakota in any water in the state, other than aquaria, without written
authorization from the commission. No person may possess or transport snakehead fish in South Dakota.
41:07:02:02.01. South Dakota-Nebraska boundary waters. The fishing seasons
in the South Dakota-Nebraska boundary waters are the same as are established for inland waters except for the snagging season for paddlefish. No bait collected from that portion of the Missouri River below Gavins Point Dam may be transported therefrom except by legal anglers for use during the same day in the Missouri River below Gavins Point Dam.
41:09:04:07. Game fish and endangered species to be returned to waters -- Rough fish to be destroyed. Game fish, endangered, and threatened species as defined in §§ 41:10:02:05 and 41:10:02:06 shall be returned to the waters from which taken. All other fish taken in bait traps or seines, except baitfish, shall be destroyed
and buried or disposed of in a manner conforming with SDCL 34A-7-6.
41:09:04:12. Transportation of other fish by bait dealer. A bait dealer may not transport other fish while transporting baitfish.
41:09:04:13. Transportation of sucker spawn prohibited. A person may not
transport or ship sucker spawn and frogs from the state unless authorized by the secretary. Importation of reptiles,
amphibians, crustaceans, and mollusks for private introduction, culture, or commercial purposes must be approved by the
secretary or a designee.
41:09:07:03.01. Application for license. A person shall make application
for a private fish hatchery license on forms provided by the department and submit with the application a detailed plan of
operation for the proposed hatchery.
The hatchery plan of operation shall contain a map showing the location of the hatchery and a drawing or diagram illustrating the water source, the routing of water, and the point of discharge from the hatchery.
41:09:07:03.02. License approval criteria. Except as provided in this
section, an application shall provide proof of compliance with the following criteria before the department may approve a new application for a private fish hatchery license:
- That the escapement of any hatchery fish will not be detrimental to an existing
population of fish;
- That no fish, exclusive of those propagated or held by the hatchery, may access the hatchery facility or waters;
- That no game fish exists within the hatchery. However, this subdivision does not apply to a pond management hatchery
license or if the applicant provides proof of purchase verifying the game fish were obtained from a legal source;
- That the hatchery does not cause undue problems with access to public waters;
- That the source providing fish to the hatchery is certified free of all diseases of regulatory concern as described
in § 41:09:08:03.03;
- That the applicant possesses a discharge permit issued by the Department of Environment and Natural Resources if
applicable;
- That the applicant possesses a water right issued by the Department of Environment and Natural Resources if the
operation of a hatchery requires a water right; and
- That the hatchery complies with the provisions of chapter 41:09:08, if applicable.
This section does not apply to any private fish hatchery licensee who submits a license
renewal application for the next successive year if the hatchery facility and the waters contained therein as described on
the application for private fish hatchery license remain unchanged from the application approved in the preceding year.
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:
- A person possessing a valid fish importation permit issued by the department;
- An angler fishing on any boundary water as defined in § 41:07:01:01; or
- A person importing fish designated for aquaria use.
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 shipment shall be considered an importation if any repackaging or exchange of containers or water in containers is attempted within the borders of the state.
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