S.D. Admin. R. 41:07:01:01

Current through Register Vol. 51, page 54, October 28, 2024

Section 41:07:01:01 - Definition of terms

As used in this article:

(1) "Artificial lures" means flies, jigs, spoons, spinners, and plugs made of metal, plastic, wood, hair, feathers, and other inedible materials, but not fish eggs, moldable scented baits, naturally occurring foods, or man-made food;

(2) "Black Hills Fish Management Area" means the waters in that portion of the Black Hills within the boundary beginning at the junction of the South Dakota-Wyoming state line and the Redwater River, then easterly along the Redwater River to U. S. Highway 85, then southerly along U.S. Highway 85 to Interstate 90, then southeasterly along Interstate 90 to U.S. Highway 16T in Rapid City, then southerly along U.S. Highway 16T to State Highway 79, then southerly along State Highway 79 to Maverick Junction near the city of Hot Springs, then westerly on State Highway 18 to Edgemont, then northwesterly along the Burlington Northern Railroad to the South Dakota-Wyoming state line, then north along the state line to the point of beginning;

(3) "Blowgun" means a tube through which a projectile, with at least one barbed point attached to the blowgun by a line (such as a dart), may be propelled by the force of the breath.

(4) "Bow and arrow" means a hand-drawn bow that has an arrow with at least one barbed point attached to the bow by a line;

(5) "Catch and release" means the immediate release of a fish unharmed back into the water from which it was caught;

(6) "Crossbow" means a bow mounted crosswise on a stock equipped with a functional mechanical safety device that discharges a projectile with at least one barbed point attached to the crossbow by a line;

(7) "Floatline" means any line with no mechanical reel that is attached to a float and free-floating in the water while fishing.

(8) "Foul hooked" means a circumstance in which fish are inadvertently snagged in body areas other than the mouth by conventional lures while being legally pursued by normal fishing methods;

(9) "Inland waters" means all waters of the state except those defined in this section as South Dakota-Iowa boundary waters, South Dakota-Minnesota boundary waters, and South Dakota-Nebraska boundary waters;

(10) "Length" means the total length of a fish in inches as measured in a straight line along a flat surface from the tip of the snout to the tip of the tail, except as provided in § 41:07:05:03;

(11) "Line" means a length of string or cord to which a hook or artificial lure is attached for the purpose of catching fish;

(12) "Possession limit" means the maximum number of fish excluding those stored at a person's domicile, as defined by SDCL 41-1-1, that the person may possess or control as long as the fish were taken in compliance with daily limits;

(13) "Setline" means any line with no mechanical reel that is attached to shore or an object at both ends and left unattended;

(14) "Snagging" means a fishing method intentionally used to hook fish in body areas other than the mouth by using a snaghook that is rapidly and intermittently jerked through the water;

(15) "Snaghook" means a hook or lure that is used for snagging;

(16) "South Dakota-Iowa boundary waters" means all waters of the Big Sioux River forming the South Dakota and Iowa mutual boundary;

(17) "South Dakota-Minnesota boundary waters" means all waters of Lake Hendricks, Big Stone Lake, Lake Traverse, Mud Lake, the Boise de Sioux River, and any other waters forming the South Dakota and Minnesota mutual boundary;

(18) "South Dakota-Nebraska boundary waters" means all waters of Lake Yankton, Lake Lewis and Clark, and the Missouri River, including its backwaters, chutes, sloughs, and oxbows, forming the South Dakota and Nebraska mutual boundary;

(19) "Spear" means a shaft with a sharp, barbed point propelled by muscle-power;

(20) "Speargun" means a muscle-loaded device that propels a spear attached to a lanyard no more than 20 feet long; and

(21) "Walleye" means species of walleye, sauger, or walleye-sauger hybrid.

S.D. Admin. R. 41:07:01:01

SL 1975, ch 16, § 1; 4 SDR 31, effective November 27, 1977; 7 SDR 48, effective November 25, 1980; 10 SDR 76, 10 SDR 102, effective July 1, 1984; 12 SDR 92, effective December 4, 1985; 15 SDR 88, effective December 18, 1988; 19 SDR 82, effective December 7, 1992; 22 SDR 82, effective December 10, 1995; 23 SDR 87, effective December 3, 1996; 29 SDR 80, effective December 10, 2002; 32 SDR 109, effective December 27, 2005; 33 SDR 1, effective July 18, 2006; 37 SDR 112, effective December 8, 2010; 38 SDR 116, effective January 10, 2012; 41 SDR 107, effective January 5, 2015.

SL 1975, ch 16, § 1; 4 SDR 31, effective 11/27/1977; 7 SDR 48, effective 11/25/1980; 10 SDR 76, 10 SDR 102, effective 7/1/1984; 12 SDR 92, effective 12/4/1985; 15 SDR 88, effective 12/18/1988; 19 SDR 82, effective 12/7/1992; 22 SDR 82, effective 12/10/1995; 23 SDR 87, effective 12/3/1996; 29 SDR 80, effective 12/10/2002; 32 SDR 109, effective 12/27/2005; 33 SDR 1, effective 7/18/2006; 37 SDR 112, effective 12/8/2010; 38 SDR 116, effective 1/10/2012; 41 SDR 107, effective 1/5/2015; 42 SDR 93, effective 12/30/2015; 45 SDR 089, effective 12/31/2018; 46 SDR 116, effective 4/29/2020; 48 SDR 060, effective 12/8/2021

General Authority: SDCL 41-2-18(1)(2)(14)(15)(17).

Law Implemented: SDCL 41-2-18(1)(2)(14)(15)(17).