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.