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          41:09:04:04.  Seines, nets, and traps limited. A lawful angler taking bait for noncommercial use may use a seine up to 30 feet long and six feet deep; dipnets up to 30 inches in diameter; lift nets up to four feet square; cast nets up to 24 feet in diameter; and traps no larger than 12 inches in diameter and 36 inches long with rigid entrances no larger than one inch wide. No seine, net, or trap used for the noncommercial taking of bait may contain mesh larger than three-eighths inch square.


          Licensed resident wholesale and retail bait dealers may possess and use regular or bag seines up to 50 feet long and six feet deep and traps larger than 12 inches by 36 inches. All traps shall have a rigid entrance no larger than one inch wide and trap throats exposed above the surface of the water shall be blocked by a solid shield or mesh to prevent the entrapment of waterfowl. No seine, net, or trap used for the commercial taking of bait may contain flexible mesh larger than three-eighths inch square.


          The department may issue a permit for the use of a seine, net, or trap larger than specified if the device is used with department approval to stock public waters with white suckers for rearing and harvest.


          Source: SL 1975, ch 16, ยง 1; 10 SDR 76, 10 SDR 102, effective July 1, 1984; 11 SDR 156, effective May 27, 1985; 15 SDR 103, effective January 19, 1989; 35 SDR 253, effective May 13, 2009; 36 SDR 112, effective January 11, 2010; 39 SDR 100, effective December 3, 2012.

          General Authority: SDCL 41-2-18(1)(14)(21).

          Law Implemented: SDCL 41-2-18(1)(14)(21), 41-6-44, 41-6-45.


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