41:07:01:07.03. Temporary possession of fish allowed for charitable and non-profit organizations -- Permit requirements. Legally possessed fish by licensed anglers may be gifted to a charitable or non-profit organization under the following conditions:
(1) Only a South Dakota charitable or non-profit 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 non-profit 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 non-profit 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 non-profit organization shall provide a written receipt on forms provided by the department;
(7) If specified in the permit, a charitable or non-profit 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/non-profit organization for a period exceeding one year; and
(9) Any fish transported or possessed under a permit is subject to inspection by any uniformed law enforcement officer during normal business hours.
Source: 38 SDR 116, effective January 10, 2012.
General Authority: SDCL 41-2-18(1)(2).
Law Implemented: SDCL 41-2-18(1)(2).
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