CHAPTER 41:08:02
TRAPPING PROHIBITIONS
Section
41:08:02:01 Water-sets prohibited -- Dates -- Exceptions.
41:08:02:02 Repealed.
41:08:02:03 Trap checking required.
41:08:02:04 Exposed bait prohibited.
41:08:02:05 Snare restrictions.
41:08:02:06 Body grip trap restrictions.
41:08:02:07 Repealed.
41:08:02:08 Restrictions on colony traps.
41:08:02:09 Barbed hooks prohibited.
41:08:02:10 Pole traps prohibited.
41:08:02:11 Repealed.
41:08:02:12 Possession of wild animals caught outside established season prohibited -- Immediate release or contact with department representative required.
41:08:02:13 Traps to be rendered inoperable -- Removal of trapping devices.
41:08:02:14 Repealed.
41:08:02:15 Use of live mammals or live birds prohibited.
41:08:02:01. Water-sets prohibited -- Dates -- Exceptions. Except as otherwise provided in this section, no person may set a trap within 30 feet of water from October 1 through October 31. A live trap, snare, or trap designed specifically to catch raccoons may be used. Body grip or killer traps set in accordance with § 41:08:02:06 may be used for beaver statewide except the portion of the Black Hills Fire Protection District south of Interstate 90 and west of State Highway 79, except U. S. Forest Service lands.
No person may flag, mark, or otherwise attempt to claim a muskrat house on public land or waters before sunrise on November 1. No person may flag or mark any muskrat house during the muskrat season, except those houses containing an operational trap set.
The placing of any traps in or on any size of muskrat house is prohibited east of the Missouri River from March 16 through April 30.
Except as provided for in this section, no person may place any trap whether set or unset, stake, cable, chain, wire, or other device used for the purpose of attaching a trap, or otherwise attempt to claim or mark a trap site on any public road right-of-way or public land or water open to trapping within 30 feet of water from October 1 through the opening of the mink season.
Source: SL 1975, ch 16, § 1; 1 SDR 26, effective September 11, 1974; repealed, 7 SDR 21, effective September 15, 1980; readopted, 16 SDR 32, effective August 20, 1989; 17 SDR 23, effective August 16, 1990; 19 SDR 17, effective August 12, 1992; 30 SDR 21, effective August 25, 2003; 32 SDR 31, effective August 29, 2005; 38 SDR 8, effective August 3, 2011; 39 SDR 10, effective August 1, 2012; 47 SDR 27, effective September 15, 2020; 48 SDR 14, effective August 22, 2021.
General Authority: SDCL 41-2-18(14).
Law Implemented: SDCL 41-2-18(14), 41-8-20.
41:08:02:02. Flagging of muskrat houses prohibited. Repealed.
Source: SL 1975, ch 16, § 1; 1 SDR 26, effective September 11, 1974; 7 SDR 21, effective September 15, 1980; 10 SDR 76, 10 SDR 102, effective July 1, 1984; 14 SDR 40, effective September 23, 1987; 16 SDR 32, effective August 20, 1989; 30 SDR 21, effective August 25, 2003; 47 SDR 27, effective September 15, 2020.
41:08:02:03. Trap checking required. A trapper shall
check all traps and snares in the field belonging to the trapper and remove any
caught animal prior to 12 o'clock midnight of the second full calendar day east
of the Missouri River, and prior to 12 o'clock midnight of the third full
calendar day west of the Missouri River, following a previous check or when the
trap was initially set. However, any trap or snare entirely submerged in water
that remains set beneath the ice shall be checked and any caught animal removed
prior to 12 o'clock midnight of the fifth full calendar day statewide,
following a previous check or when the trap was initially set.
Source:
4 SDR 15, effective September 15, 1977; 5 SDR 19, effective September 14, 1978;
6 SDR 14, effective August 23, 1979; 10 SDR 76, 10 SDR 102, effective July 1,
1984; 11 SDR 30, effective August 30, 1984; 14 SDR 40, effective September 23,
1987; 16 SDR 32, effective August 20, 1989; 30 SDR 21, effective August 25,
2003; 35 SDR 47, effective September 8, 2008.
General
Authority: SDCL 41-2-18(14), 41-8-20.
Law
Implemented: SDCL 41-2-18(14), 41-8-20.
41:08:02:04. Exposed bait prohibited. No person may set a trap or snare within 30 feet of any exposed bait visible to airborne raptors. "Exposed bait" means the meat or viscera of an animal, bird, or fish with or without skin, hide, fur, or feathers.
Source: 6 SDR 14, effective August 23, 1979; 7 SDR 21, effective September 15, 1980; 10 SDR 76, 10 SDR 102, effective July 1, 1984; 14 SDR 40, effective September 23, 1987; 30 SDR 21, effective August 25, 2003; 44 SDR 17, effective August 7, 2017.
General Authority: SDCL 41-2-18(14), 41-8-20.
Law Implemented: SDCL 41-2-18(14), 41-8-20.
41:08:02:05. Snare restrictions. A snare must be equipped with a mechanical lock, a swivel device on the anchor end, and a permanent stop to prevent the capture loop from closing to a diameter of less than two and one-half inches. A snare, such as the Hopkins S-hook or the Kelly (Amberg) snare, which is equipped with a snare lock or device having a breaking strength of 350 pounds of pressure or less, may be used in lieu of a snare with a permanent stop that prevents the capture loop from closing to less than two and one-half inches. A snare equipped with the breakaway lock instead of the permanent stop must be affixed to an immovable object solidly attached to the ground. Any person using a snare that is not equipped with a permanent stop must, upon request, submit the snare for a test of its breaking strength.
No snare may be set within a feedlot, pasture, cropland, or other fenced area containing domestic livestock, without the permission of the landowner or tenant.
A snare must be attached by the swivel device directly to the anchoring device or by chain or cable between the swivel and the anchoring device. When the snare is set, the swivel must operate freely. The swivel device on a snare may not exceed four inches in total length. No snare may be attached to a drag-type anchoring device. No snare may be attached to any part of a fence along road rights-of-way adjacent to private land without permission of the adjoining landowner or tenant.
From May 1 through November 13, no snare is permitted on public lands or within any improved road rights-of-way statewide.
No snare with a spring or other device that applies pressure to the locking mechanism may be placed on a Game Production Area or Waterfowl Production Area, unless the snare is placed below the surface of water or ice.
No person may possess or transport snares that are not equipped in accordance with this section, except that a manufacturer may obtain a free transportation or shipping permit from a conservation officer to transport or ship snares not legal in this state to customers in other states.
Source: 9 SDR 30, effective September 13, 1982; 10 SDR 12, effective August 17, 1983; 10 SDR 76, 10 SDR 102, effective July 1, 1984; 12 SDR 22, effective August 21, 1985; 14 SDR 40, effective September 23, 1985; 15 SDR 24, effective August 14, 1988; 25 SDR 21, effective August 27, 1998; 26 SDR 21, effective August 23, 1999; 30 SDR 21, effective August 25, 2003; 45 SDR 9, effective July 30, 2018; 47 SDR 27, effective September 15, 2020.
General Authority: SDCL 41-2-18(14), 41-8-20.
Law Implemented: SDCL 41-2-18(14), 41-8-20.
41:08:02:06. Body grip trap restrictions. The following restrictions apply to the use of body grip traps commonly known as conibears:
(1) No person may set or operate above the water's edge of a stream, river, or other body of water a body grip trap with a jaw spread greater than eight inches; and
(2) On all public lands and public road right-of-ways statewide, no person may set or operate a body grip trap used in conjunction with any bait, lure, or scent with a jaw spread greater than six and three-quarter inches unless:
(a) The trap is recessed in a plastic, wood, or metal cubby a minimum of seven inches from the front edge of the cubby to the trigger of the trap; or
(b) The trap is set below the water's edge of a stream, river, or other body of water.
Source: 9 SDR 30, effective September 13, 1982; 10 SDR 76, 10 SDR 102, effective July 1, 1984; 13 SDR 26, effective September 10, 1986; 14 SDR 40, effective September 23, 1987; 30 SDR 21, effective August 25, 2003; 39 SDR 33, effective September 5, 2012.
General Authority: SDCL 41-2-18(14), 41-8-20.
Law Implemented: SDCL 41-2-18(14), 41-8-20.
41:08:02:07. Possession and transportation of snares. Repealed.
Source: 14 SDR 40, effective September 23, 1987; 30 SDR 21, effective August 25, 2003; 47 SDR 27, effective September 15, 2020.
41:08:02:08. Restrictions on colony traps. The size of colony traps used for muskrats may not exceed 36 inches in overall length. If using a round colony trap, the diameter may not exceed 12 inches. If using a box colony trap, the height may not exceed 12 inches and the width may not exceed 12 inches.
Source: 15 SDR 24, effective August 14, 1988; 30 SDR 21, effective August 25, 2003; 39 SDR 33, effective September 5, 2012.
General Authority: SDCL 41-2-18(14).
Law Implemented: SDCL 41-2-18(14).
41:08:02:09. Barbed hooks prohibited. No barbed hooks or other similar sharpened instruments may be used as a method of taking furbearing animals.
Source: 15 SDR 24, effective August 14, 1988; 30 SDR 21, effective August 25, 2003.
General Authority:SDCL 41-2-18(14).
Law Implemented:SDCL 41-2-18(14).
41:08:02:10. Pole traps prohibited. No person may set or allow to be set a trap, snare, or similar device on a pole or post in a manner that may capture, injure, or kill a raptor.
Source: 17 SDR 23, effective August 16, 1990; 30 SDR 21, effective August 25, 2003; 47 SDR 27, effective September 15, 2020.
General Authority: SDCL 41-2-18(14).
Law Implemented: SDCL 41-2-18(14).
Cross-Reference: Taking or acquisition of raptors -- Trapping requirements, § 41:09:06:21.
41:08:02:11. Trapping in muskrat houses prohibited. Repealed.
Source: 19 SDR 17, effective August 12, 1992; 20 SDR 13, effective August 8, 1993; repealed, 21 SDR 14, effective August 3, 1994; readopted, 22 SDR 16, effective August 15, 1995; 30 SDR 21, effective August 25, 2003; 37 SDR 18, effective August 16, 2010; 47 SDR 27, effective September 15, 2020.
41:08:02:12. Possession of wild animals caught outside established season prohibited -- Immediate release or contact with department representative required. Any trapper who finds a live wild animal in a trap or snare belonging to the trapper at a time when the established season is closed must immediately release the animal.
Any trapper who finds a dead wild animal in a trap or snare belonging to the trapper at a time when the established season is closed shall leave the animal undisturbed in the trap or snare and shall contact a department representative within 12 hours. The department representative may authorize the temporary possession of the wild animal until it can be surrendered to the department.
Source: 30 SDR 21, effective August 25, 2003; 31 SDR 21, effective August 23, 2004.
General Authority: SDCL 41-2-18(14), 41-8-20.
Law Implemented: SDCL 41-2-18(14), 41-8-20.
41:08:02:13. Traps to be rendered inoperable -- Removal of trapping devices. All traps shall be rendered inoperable and all snares shall be closed to their permanent stop, or closed to less than two and one-half inches if the snare is not equipped with a permanent stop, if the person responsible for checking the traps or snares is not actively trapping and checking them within the time frames as provided in § 41:08:02:03. All traps and snares (set or unset), stakes, cables, chains, wires, or other devices used for the purpose of attaching a trap or snare shall be removed from public lands and improved road rights-of-way prior to May 1 of each year. However, live traps may remain or be placed on public lands and improved road rights-of-way beyond May 1 but shall be removed by September 1 of each year.
Source: 30 SDR 21, effective August 25, 2003; 41 SDR 7, effective July 30, 2014; 45 SDR 155, effective June 24, 2019.
General Authority: SDCL 41-2-18(14), 41-8-20.
Law Implemented: SDCL 41-2-18(14), 41-8-20.
41:08:02:14. Traps and associated equipment prohibited on public lands open to trapping -- Dates. Repealed.
Source: 37 SDR 18, effective August 16, 2010; 39 SDR 10, effective August 1, 2012; 47 SDR 27, effective September 15, 2020.
41:08:02:15. Use of live mammals or live birds prohibited. The use of any live mammal or live bird to aid in the taking of a furbearing animal, predator, or varmint by a trap or snare is prohibited.
Source: 41 SDR 7, effective July 30, 2014.
General Authority: SDCL 41-2-18(14), 41-8-20.
Law Implemented: SDCL 41-2-18(14), 41-8-20.
