CHAPTER 41:10:04
AQUATIC INVASIVE SPECIES
Section
41:10:04:01 List of aquatic invasive species.
41:10:04:02 Aquatic invasive species exemptions.
41:10:04:02.01 Aquatic species conveyance launching and removal exceptions.
41:10:04:03 Boat restrictions.
41:10:04:04 Repealed.
41:10:04:05 Fish and bait transportation restrictions.
41:10:04:06 Infested water -- Definition.
41:10:04:07 Repealed.
41:10:04:08 Repealed.
41:10:04:09 Repealed.
41:10:04:10 Decontamination procedure.
41:10:04:01. List of aquatic invasive species. Species classified as aquatic invasive species in the state are as follows;
(1) Fish:
(a) Black carp, Mylopharyngodon piceus;
(b) Common carp, Cyprinus carpio;
(c) Grass carp, Ctenopharyngodon idella;
(d) Bighead carp, Hypophthalmichthys nobilis;
(e) Silver carp, Hypophthalmichthys molitrix;
(f) European rudd, Scardinius erythrophthalmus;
(g) Giant snakehead, Channa micropeltes;
(h) Northern snakehead, Channa argus;
(i) Bullseye snakehead, Channa marulius;
(j) Blotched snakehead, Channa maculata;
(k) Western mosquitofish, Gambusia affinis;
(l) Round goby, Neogobius melanostomus; and
(m) White perch, Morone americana;
(2) Plants:
(a) Brittle naiad, Najas minor;
(b) Curly pondweed, Potamogeton crispus;
(c) Didymo, Didymosphenia geminata;
(d) Eurasian water-milfoil, Myriophyllum spicatum;
(e) Purple loosestrife, Lythrum salicaria;
(f) Flowering rush, Butomus umbellatus;
(g) Common reed, Phragmites australis; and
(h) Starry stonewort, Nitellopsis obtusa;
(3) Invertebrates:
(a) New Zealand mudsnail, Potamopyrgus antipodarum;
(b) Rusty crayfish, Orconectes rusticus;
(c) Zebra mussel, Dreissena polymorpha;
(d) Quagga mussel, Dreissena rostriformis bugensis;
(e) Asian clam, Corbicula fluminea;
(f) Red rimmed melania, Melanoides tuberculata;
(g) Red swap crayfish, Procambarus clarkii; and
(h) Spiny waterflea, Bythotrephes longimanus.
Source: 38 SDR 116, effective January 10, 2012; 39 SDR 100, effective December 3, 2012; 41 SDR 173, effective May 11, 2015; 43 SDR 89, effective December 29, 2016; 45 SDR 89, effective December 31, 2018; 46 SDR 74, effective December 2, 2019.
General Authority: SDCL 41-2-18(1)(2).
Law Implemented: SDCL 41-2-18(1)(2).
41:10:04:02. Aquatic invasive species exemptions. The following are exempt from SDCL 41-13A-2:
(1) A person possessing a scientific collectors permit issued by the department;
(2) A person authorized by the department to stock triploid grass carp for pond management purposes;
(3) A person contracted by the department to conduct commercial fishing operations as authorized in SDCL 41-13-7;
(4) A person in the process of removing an aquatic invasive species from a conveyance;
(5) An owner or agent of the owner of a conveyance in the process of transporting the conveyance for decontamination using a department approved procedure;
(6) An employee of a business approved by the department to transport and possess conveyances for the purpose of decontamination;
(7) A commercial plant harvester operating within the requirements of a department approved work plan or a lakeshore property owner operating within the requirements of a department approved permit; and
(8) A lakeshore property owner in the process of transporting aquatic invasive species, for disposal, in a manner that minimizes possible introduction to new waters.
In the case of fish and crayfish species, only dead specimens may be transported or possessed.
Source: 38 SDR 116, effective January 10, 2012; 41 SDR 173, effective May 11, 2015; 43 SDR 146, effective May 22, 2017; 45 SDR 89, effective December 31, 2018; 47 SDR 48, effective October 29, 2020; 48 SDR 60, effective December 8, 2021.
General Authority: SDCL 41-2-18(26).
Law Implemented: SDCL 41-13A-2.
41:10:04:02.01. Aquatic species conveyance launching and removal exceptions. The following are exempt from SDCL 41-13A-3 and 41-13A-4:
(1) An owner and agent of the owner of a conveyance with dressinid mussels attached that is subsequently launched directly into the infested water from which it was removed, if the conveyance was stored on the riparian property of the owner or at a marina business property on the infested water, prior to launch; and
(2) An owner and agent of the owner of a conveyance with a shooting or observational blind constructed of aquatic macrophytes cut above the water line, attached to or in the conveyance.
Source: 48 SDR 60, effective December 8, 2021.
General Authority: SDCL 41-2-18(26).
Law Implemented: SDCL 41-13A-3, 41-13A-4.
41:10:04:03. Boat restrictions. Except for emergency response boats or as authorized by the secretary, all trailered boats must have all drain plugs, bailers, valves, and other devices used to control the drainage of water opened or removed, except while in a boat ramp parking area or while being launched or loaded.
Source: 38 SDR 116, effective January 10, 2012; 39 SDR 100, effective December 3, 2012; 41 SDR 173, effective May 11, 2015; 43 SDR 89, effective December 29, 2016; 43 SDR 146, May 22, 2017; 45 SDR 89, effective December 31, 2018; 47 SDR 48, effective October 29, 2020.
General Authority: SDCL 41-13A-4.
Law Implemented: SDCL 41-13A-4.
Cross-Reference: Definition, waters of the state, SDCL 34A-2-2(12).
41:10:04:04. Watercraft inspections. Repealed.
Source: 39 SDR 100, effective December 3, 2012; 41 SDR 173, effective May 11, 2015; 47 SDR 48, effective October 29, 2020.
41:10:04:05. Fish and bait transportation restrictions. Except as authorized by the Secretary, a person may not transport fish or aquatic bait in water obtained from a lake, river, or stream except when in a boat ramp parking area.
Source: 41 SDR 173, effective May 11, 2015; 43 SDR 89, effective December 29, 2016.
General Authority: SDCL 41-2-18(1)(2).
Law Implemented: SDCL 41-2-18(1)(2).
Cross-Reference: Definitions, lake, § 74:51:01:01(31); stream, § 74:51:01:01(43); river, SDCL 46A-1-3(14).
41:10:04:06. Infested water -- Definition. For purposes of this chapter, "infested water" means a body of water that has an established zebra or quagga mussel population, a water body downstream of an infested water with a likelihood of becoming infested, or waters that are located outside this state and designated by a legal jurisdiction as infested by zebra or quagga mussels.
Source: 43 SDR 146, effective May 22, 2017; 45 SDR 89, effective December 31, 2018; 46 SDR 20, (emergency rule) effective July 30, 2019; (emergency removed) effective October 30, 2019; 46 SDR 74, effective December 2, 2019; 47 SDR 17, (emergency rule) effective July 31, 2020; (emergency removed) 47 SDR 48, effective October 29, 2020.
General Authority: SDCL 41-2-18(28).
Law Implemented: SDCL 41-2-18(28).
Cross-Reference: Definition, waters of the state, SDCL 34A-2-2(12).
41:10:04:07. Local boat registries. Repealed.
Source: 43 SDR 146, effective May 22, 2017; 47 SDR 48, effective October 29, 2020.
41:10:04:08. Decontamination required -- residual water present. Repealed.
Source: 43 SDR 146, effective May 22, 2017; 47 SDR 48, effective October 29, 2020; 48 SDR 60, effective December 8, 2021.
41:10:04:09. Decontamination required -- moored boats. Repealed.
Source: 43 SDR 146, effective May 22, 2017; 47 SDR 48, effective October 29, 2020; 48 SDR 60, effective December 8, 2021.
41:10:04:10. Decontamination procedure. The department approved decontamination procedures are protocols described in "Uniform Minimum Protocols and Standards for Watercraft Inspection and Decontamination Programs for Dreissenid Mussels in the Western United States" (UMPS), 3rd edition, published by the Pacific States Marine Fisheries Commission.
Source: 47 SDR 48, effective October 29, 2020.
General Authority: SDCL 41-2-18(29).
Law Implemented: SDCL 41-2-18(29).
Reference: "Uniform Minimum Protocols and Standards for Watercraft Inspection and Decontamination Programs for Dreissenid Mussels in the Western United States" (UMPS) (2016), 3rd edition, published by the Pacific States Marine Fisheries Commission. Copies may be obtained from the Pacific States Marine Fisheries Commission, Portland, Oregon 97202. Cost: No cost.
