41:09:04:03. Waters closed to commercial and noncommercial taking of bait. Notwithstanding the provisions of § 41:09:04:04, the following waters are closed to commercial and noncommercial taking of bait year-round:
(1) Creeks, streams or rivers, permanent or temporary in the following counties and areas: Aurora, Beadle, Bon Homme, Brown, Clay, Davison, Edmunds, Faulk, Hand, Hanson, Hutchinson, Jerauld, Lincoln, McCook, McPherson, Miner, Minnehaha, Moody, Sanborn, Spink, Turner, Union, and Yankton Counties; with the exception of that portion of Lewis and Clark Lake and the Missouri River above Gavins Point Dam in Yankton and Bon Homme Counties for noncommercial take;
(2) Beadle County: Lake Byron and Mud Lake;
(3) Brookings County: Interstate Lake;
(4) Butte County: Newell Lake;
(5) Deuel County: Lake Alice;
(6) Edmunds County: Mina Lake;
(7) Pennington County: Pactola Lake, Sheridan lake, and Deerfield Lake; and
(8) Yankton County: Lake Yankton.
Source: SL 1975, ch 16, § 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; 16 SDR 114, effective January 18, 1990; 18 SDR 98, effective December 12, 1991; 19 SDR 82, effective December 7, 1992; 20 SDR 87, effective December 13, 1993; 21 SDR 102, effective December 8, 1994; 25 SDR 85, effective December 21, 1998; 27 SDR 47, effective November 12, 2000; 30 SDR 99, effective December 22, 2003; 31 SDR 89, effective December 27, 2004; 32 SDR 109, effective December 27, 2005; 34 SDR 179, effective December 24, 2007; 35 SDR 253, effective May 13, 2009; 37 SDR 112, effective December 8, 2010; 38 SDR 116, effective January 10, 2012; 39 SDR 33, effective Sept 5, 2012; 39 SDR 100, effective December 3, 2012; 40 SDR 113, effective December 16, 2013; 41 SDR 107, effective January 5, 2015; 42 SDR 93, effective December 30, 2015; 43 SDR 89, effective December 29, 2016; 47 SDR 27, effective September 15, 2020.
General Authority: SDCL 41-2-18(1)(2)(3)(4)(5)(21).
Law Implemented: SDCL 41-2-18(1)(2)(3)(4)(5)(21), 41-6-44, 41-6-45, 41-14-35.
41:09:04:03.01. Waters closed to commercial taking of bait. Notwithstanding the provisions of § 41:09:04:04, the following waters are closed to commercial taking of bait year-round:
(1) Aurora County: Wilmarth Lake;
(2) Beadle County: Ravine Lake and Staum Dam;
(3) Bennett County: Allen Dam, Lacreek Refuge Pools 1-10, Lake Creek, Cedar Creek Dam 1, Cedar Creek Dam 2, Cedar Creek Dam 3, and Little White River;
(4) Bon Homme County: Lewis and Clark Lake, and Lake Henry;
(5) Brookings County: Lake Sinai, Lake Poinsett, Twin Lake east of U.S. Highway 81, Brush Lake, Nature Park East Pond, Nature Park West Pond, and Nelson WPA/GPA;
(6) Brown County: Elm Lake, Richmond Lake, Pigors Dam, and Wiley Park Pond;
(7) Brule County: Wells Dam, Lake Francis Case, Lake Wanalain, and Lake Sixteen;
(8) Buffalo County: Lake Francis Case and Lake Sharpe;
(9) Butte County: Orman Reservoir (Belle Fourche Reservoir), and Red Water River;
(10) Campbell County: Lake Campbell, Lake Pocasse, and Lake Oahe;
(11) Charles Mix County: Academy Lake, Lake Andes South Unit, Lake Andes North Unit, Dante Lake, Geddes Lake, Lake Platte, Lake Wagner, Lake Francis Case, and the Missouri River;
(12) Codington County: Lake Kampeska, Kampeska Fish Ponds (Sand Pits), Pelican Lake, Bramble Pond, Punished Woman Lake, Horshoe Lake, McKilligans Slough, and 3rd Avenue Pond;
(13) Corson County: Lake Oahe, Lake Pudwell, Lake Morristown, East and West, Mallard Slough, McGee Slough, and Trail City Dam;
(14) Davison County: Lake Mitchell;
(15) Day County: Lake Amsden, Antelope Lake, Bitter Lake, Blue Dog Lake, Campbell Slough, East Krause Lake, Lake Enemy Swim, Hazeldon Lake, Horshoe Lake, Lynn Lake, Pickerel Lake, Pierpont Lake, Middle Lynn Lake, Lake Minnewasta, Owen Creek, Opits Lake, and Waubay Lake;
(16) Deuel County: Bullhead Lake, Lake Cochrane, Gary Creek, and Cobb Creek;
(17) Dewey County: Lake Oahe, Eagle Butte Dam, Little Moreau #1 Dam, Little Moreau #2 Dam, Little Moreau #3, Lantry Lake, and the Moreau River;
(18) Douglas County: Lake Corsica;
(19) Fall River County: Angostura Reservoir;
(20) Faulk County: Lake Cresbard and Lake Faulkton;
(21) Grant County: Hunter Granite Quarry and Summit Lake;
(22) Gregory County: Lake Berry, Burke Lake, Fairfax Lake, Lake Herrick, Lake Francis Case, and the Missouri River;
(23) Haakon County: Sunshine Dam, Waggoner Lake, and Kroetch Dam;
(24) Hamlin County: Lake Poinsett and Mickleson Marsh;
(25) Hand County: Dakota Lake, Jones Lake, Lake Louise, and Pearl Lake;
(26) Hanson County: Lake Ethan and Lake Hanson;
(27) Harding County: Buffalo Lake (Gardner);
(28) Hughes County: Woodruff Dam, Lake Oahe, and Lake Sharpe;
(29) Hutchinson County: Tripp Lake, Dimock Lake, Lake Menno;
(30) Hyde County: Mission Dam (Boehm), Peno Dam, and Lake Sharpe;
(31) Jerauld County: Twin Lake;
(32) Jones: Murdo Lake, Murdo Railroad Dam, Okaton Dam, Bad River, White River, and Fort Pierre National Grassland dams;
(33) Kingsbury County: Lake Thompson and Twin Lake west of U.S. Highway 81;
(34) Lake County: Lake Madison, Brant Lake, Round Lake, Lake Herman and its connecting waters, Long Lake, and Lake Herman State Park Pond;
(35) Lincoln County: Lake Alvin, Lake Lakota, and Rollings GPA Pond;
(36) Lyman County: Brakke Dam, Fate Dam, Larson Dam, Reliance Dam, Byre Dam, Lake Francis Case, Lake Sharpe, White River, and Ft. Pierre National Grassland Dams;
(37) McCook County: East Vermillion Lake, Island Lake north of County Highway 110, and Island Lake south of County Highway 110;
(38) McPherson County: Lake Eureka and Lake Leola;
(39) Marshall County: North Buffalo Lake, South Buffalo Lake, Bullhead Lake, Cattail/Kettle Lake, Clear Lake, Cottonwood Lake, Hickman Dam, Nine Mile Lake, Red Iron Lake, South, Roy Lake, Six Mile Lake, and White Lake;
(40) Meade County: Bear Butte Lake, Curlew Lake, Durkee Lake, Ft. Meade BLM Pond, and Tisdale Dam;
(41) Mellette County: White River Dam, White River, and Little White River;
(42) Miner County: Lake Carthage;
(43) Minnehaha County: Wall Lake, Loss Lake, Island Lake north of County Highway 110, Island Lake south of County Highway 110, Scott Lake, and Twin Lake;
(44) Pennington County: New Underwood Dam, New Wall Dam, Old Wall Dam, Quinn Dam, Quinn Township Dam, Tennyson Dam, and Wicksville Dam;
(45) Perkins County: Shadehill Reservoir, Lemon Lake Game Production Area, Flat Creek Lake, Sorum Dam, Coal Springs Lake, Own Dam, Cole Dam, and 73 Dam;
(46) Potter County: Simon Dam, Potts Dam, Lake Hurley, and Lake Oahe;
(47) Roberts County: Whitestone Lake;
(48) Sanborn County: Twin Lake;
(49) Spink County: Cottonwood Lake; Redfield Lake, Mud Lake, and Twin Lake;
(50) Stanley County: Hayes Lake, Lake Oahe, Lake Sharpe, Missouri River, Bad River, and Ft. Pierre National Grassland dams;
(51) Sully County: Lake Oahe, Cottonwood Lake, and Sully Lake;
(52) Tripp County: Roosevelt Lake, Beaulieu Dam; King Dam, Rahn Dam, Dog Ear Lake, White River and Keya Paha River;
(53) Turner County: Swan Lake;
(54) Union County: McCook Lake;
(55) Walworth County: Lake Oahe, Lake Molstad, and Swan Lake;
(56) Yankton County: Lake Marindahl, and Lewis and Clark Lake;
(57) Ziebach County: Bednor Lake, Lake Oahe, Glad Valley Dam, Miller Dam, and Buffalo Dam; and
(58) All waters within the Black Hills Fish Management Area as defined in § 41:07:01:01.
Source: 47 SDR 27, effective September 15, 2020.
General Authority: SDCL 41-2-18(1)(2)(3)(4)(5)(21).
Law Implemented: SDCL 41-2-18(1)(2)(3)(4)(5)(21), 41-6-44, 41-6-45, 41-14-35.
41:09:04:03.02. Waters closed to commercial taking of bait from May 1 through July 31. Notwithstanding the provisions of § 41:09:04:04, the following waters are closed to commercial taking of bait from May 1 through July 31:
(1) Codington County: That portion of Long Lake that lies in sections 11, 12, 13, and 14 of township 117 north, range 55 west, Goose Lake Game Production area land and water, Stover Lake in sections 8 and 9, township 118 north, range 55 west, Cotton/Yahota Slough in section 10, township 117 north, range 53 west Game Production Area, and Hodgins Area Warner Lake Game Production Area in section 18, township 118 north, range 55 west Game Production Area;
(2) Deuel County: Altamont Area in section 16, township 116 north, range 49 west Game Production Area;
(3) Hamlin County: Johnson's Slough in sections 21 and 28, township 113 north, range 55 west Game Production Area and water, Eidsness Area in section 6, township 115 north, range 55 west Game Production Area, and Gertsen Slough in section 36, township 113 north, range 54 west Game Production Area; and
(4) Marshall County: Four-Mile Clubhouse Game Production Area.
Source: 47 SDR 27, effective September 15, 2020.
General Authority: SDCL 41-2-18(1)(2)(3)(4)(5)(21).
Law Implemented: SDCL 41-2-18(1)(2)(3)(4)(5)(21), 41-6-44, 41-6-45, 41-14-35.
41:09:04:03.03. Waters closed to commercial and noncommercial taking of freshwater mussels. All waters of the state, including waters bordering with other states, are closed to the harvest of freshwater mussels for commercial and noncommercial purposes. However, except for threatened or endangered species, dead mussel shells may be possessed. No person may buy, sell, barter, or trade any species of freshwater mussel or their shells.
Source: 47 SDR 27, effective September 15, 2020.
General Authority: SDCL 41-2-18(1)(2)(3)(4)(5)(21).
Law Implemented: SDCL 41-2-18(1)(2)(3)(4)(5)(21), 41-6-44, 41-6-45, 41-14-35.
