South Dakota Administrative Rules
Title 41 - Department of Game, Fish And Parks
Article 41:07 - Fishing seasons and methods
Chapter 41:07:01 - General provisions
Section 41:07:01:07.03 - Temporary possession of fish allowed for charitable and non-profit organizations - Permit requirements

Universal Citation: SD Admin Rules 41:07:01:07.03

Current through Register Vol. 51, page 43, September 23, 2024

Legally possessed fish by licensed anglers may be gifted to a charitable or nonprofit organization under the following conditions:

(1) Only a South Dakota charitable or nonprofit organization registered in good standing with the Secretary of State may be permitted;

(2) Fish, including processed fish, may be transported only by a person authorized under the permit;

(3) Fish may be held in temporary possession at a specific location identified in the permit application if the fish is tagged in accordance with SDCL 41-14-4;

(4) Any fish held in temporary possession shall be accounted for in records maintained by the applicant,and the records shall conform with the provisions of § 41:06:03:11;

(5) No charitable or nonprofit organization may distribute fish in a manner that would place the recipient in violation of § 41:07:01:07, or any season, daily, or possession limit established for the species of fish being gifted;

(6) The charitable or nonprofit organization may distribute fish through a food pantry or charitable food distribution program or directly to any person in need. In each case, the charitable or nonprofit organization shall provide a written receipt on forms provided by the department;

(7) If specified in the permit, a charitable or nonprofit organization may be authorized to cook and serve fish held in temporary possession at a charitable event if the fish are not sold or offered for sale;

(8) No fish may remain in temporary possession of a charitable or nonprofit organization for a period exceeding one year; and

(9) Any fish transported or possessed under a permit is subject to inspection by any law enforcement officer during normal business hours.

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

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

Disclaimer: These regulations may not be the most recent version. South Dakota may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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