CHAPTER 41-12
FISHING SEASONS AND METHODS
41-12-1 41-12-1. Repealed by SL 1991, ch 337, § 77.
41-12-2 Fishing in private water used for propagation as misdemeanor except by consent.
41-12-3 Labeling and access to fishing houses erected on ice--Neglect as misdemeanor--Exception for portable shelters.
41-12-4 41-12-4. Repealed by SL 1984, ch 273, § 83.
41-12-5 Fishing restricted to hook and line except as provided--Violation as misdemeanor.
41-12-6 Fishing with excessive number of lines as misdemeanor.
41-12-7 Fishing lines to be attended--Violation as misdemeanor.
41-12-7.1 41-12-7.1. Repealed by SL 1980, ch 287.
41-12-8 Prohibited bait--Violation as misdemeanor.
41-12-9 Nets, seines, and similar devices, weirs, dams, and artificial obstructions prohibited--Violation as misdemeanor--Permits for use of devices by private landowners.
41-12-9.1 Repealed.
41-12-10 41-12-10. Repealed by SL 1984, ch 273, § 87.
41-12-11 41-12-11. Repealed by SL 1985, ch 324, § 6.
41-12-12 Fishing devices prohibited--Landing nets and gaffs permitted--Violation as misdemeanor.
41-12-13 Use of explosives, electrical devices, and drugs as misdemeanor.
41-12-14 Departmental agents exempt when managing fishery resources.
41-12-15 Law of adjoining state to be observed on boundary waters--Misdemeanor.
41-12-16 Taking of certain species from Missouri River boundary waters permitted.
41-12-17 Seining of scavenger and unprotected fish from boundary waters permitted.
41-12-18 41-12-18. Repealed by SL 1984, ch 273, § 89.
41-12-19 Agreements with adjoining states for reciprocal recognition of licenses and enforcement.
41-12-20 41-12-20. Repealed by SL 1979, ch 285.
41-12-21 Limit of fish taken by fishing party--Exception.
41-12-2. Fishing in private water used for propagation as misdemeanor except by consent.
It is a Class 2 misdemeanor for any person to catch, kill, or take any fish in any manner from any private water used for the propagation of fish except by the consent of the proprietor of the private water.
Source: SDC 1939, § 25.0613 as enacted by SL 1961, ch 120, § 2; SL 1977, ch 190, § 578; SL 2009, ch 206, § 60.
41-12-3. Labeling and access to fishing houses erected on ice--Neglect as misdemeanor--Exception for portable shelters.
It is a Class 2 misdemeanor for any person to set, place, erect, or cause to be set, placed, or erected, or to use any fishing house, fishing shanty, or other structure or shelter at any time upon the ice of any of the public waters of the state unless the name and address of the owner is plainly marked on its exterior in letters at least two inches in height, and the door is constructed to permit entry at all times to the structure, except when unoccupied and locked from the outside. Any portable shelter which is removed from the ice daily is exempt from the marking requirements. A portable shelter may be placed upon the ice of any public waters of the state at any time if the shelter is removed daily. The Game, Fish and Parks Commission shall promulgate rules pursuant to chapter 1-26 to establish dates when any structure not removed daily shall be removed from the public waters of the state.
Source: SL 1953, ch 116, § 1; SL 1957, ch 108, § 1; SDC Supp 1960, § 25.0618; repealed SL 1961, ch 120, § 1; re-enacted as SDC Supp 1960, § 25.0615 by SL 1965, ch 113, § 1; SL 1977, ch 190, § 579; SL 1997, ch 237, § 1; SL 2001, ch 234, § 1.
41-12-5. Fishing restricted to hook and line except as provided--Violation as misdemeanor.
Except as otherwise provided by law, only hook and line may be used in the taking of any fish in any waters which have been opened to fishing by Game, Fish and Parks Commission rule. A violation of this section is a Class 2 misdemeanor.
Source: SDC 1939, § 25.0602 as enacted by SL 1961, ch 120, § 2; SL 1966, ch 70; SL 1984, ch 273, § 84; SL 1991, ch 337, § 78.
41-12-6. Fishing with excessive number of lines as misdemeanor.
It is a Class 2 misdemeanor for any person to fish with more than the maximum number of hooks or lines that may be established in rules promulgated pursuant to chapter 1-26 by the Game, Fish and Parks Commission.
Source: SDC 1939, § 25.0602 (1) as enacted by SL 1961, ch 120, § 2; SL 1966, ch 70; SL 1977, ch 190, § 581; SL 1977, ch 332, § 1; SL 2009, ch 206, § 61.
41-12-7. Fishing lines to be attended--Violation as misdemeanor.
Each line used for fishing shall be attended to the extent that it is under the direct supervision of and within the unaided observation of the legal user at all times. A violation of this section is a Class 2 misdemeanor.
Source: SDC 1939, § 25.0602 as enacted by SL 1961, ch 120, § 2; SL 1966, ch 70; SL 1991, ch 337, § 79.
41-12-8. Prohibited bait--Violation as misdemeanor.
No person may use carp, goldfish, or game fish, except bullhead, lake herring, sunfish of the genus Lepomis, and cleanings of game fish, as bait in hook and line fishing. A violation of this section is a Class 2 misdemeanor.
Source: SDC 1939, § 25.0602 as enacted by SL 1961, ch 120, § 2; SL 1984, ch 273, § 85; SL 2015, ch 212, § 1; SL 2019, ch 190, § 1.
41-12-9. Nets, seines, and similar devices, weirs, dams, and artificial obstructions prohibited--Violation as misdemeanor--Permits for use of devices by private landowners.
It is a Class 1 misdemeanor for any person to possess or control, or to place, keep, or maintain in any of the public waters of this state any trammel or gill net, seine, or other similar device for capturing fish. It is a Class 1 misdemeanor for any person to take in any of the public waters of this state for any purpose whatever, any fish at any time by the erection of any weir, dam, or artificial obstruction or by the use of any trammel or gill net, trap, or similar device, or to place, keep, or maintain the same in any of the public waters of this state. The Department of Game, Fish and Parks may authorize private landowners to use specified devices to take minnows or control undesirable or overpopulated species of fish in their private waters.
Source: SDC 1939, § 25.0606 as enacted by SL 1961, ch 120, § 2; SL 1977, ch 190, § 582; SL 1982, ch 289, § 5; SL 2009, ch 206, § 62.
41-12-12. Fishing devices prohibited--Landing nets and gaffs permitted--Violation as misdemeanor.
No spear, spear gun, bow and arrow, crossbow, snaghook, setline, hoop net, trap, artificial light, or other device except hook and line may be used for fishing except as expressly provided by rules promulgated by the Game, Fish and Parks Commission pursuant to chapter 1-26. However, landing nets, gaffs, and similar devices may be used as an aid in landing fish which are in the process of being caught by legal methods. Use of a device prohibited by this section is a Class 2 misdemeanor.
Source: SDC 1939, § 25.0602 (2) as enacted by SL 1961, ch 120, § 2; SL 1984, ch 273, § 88; SL 2006, ch 220, § 1.
41-12-13. Use of explosives, electrical devices, and drugs as misdemeanor.
It is a Class 1 misdemeanor to kill, take, or attempt to kill, or take in any waters for any purpose, any fish by the use of any explosive, electrical device, poisonous, deleterious, or stupefying substance, unless written authorization to do so is obtained from the Department of Game, Fish and Parks.
Source: SDC 1939, § 25.0610 as enacted by SL 1961, ch 120, § 2; SL 1977, ch 190, § 584; SL 1993, ch 315.
41-12-14. Departmental agents exempt when managing fishery resources.
Appointees and employees of the Department of Game, Fish and Parks are exempted from the provisions of this chapter and chapter 41-13 when carrying out assigned duties and responsibilities of managing the fisheries resources in the public waters of the state.
Source: SDC 1939, § 25.0614 as enacted by SL 1961, ch 120, § 2; SL 2009, ch 206, § 63.
41-12-15. Law of adjoining state to be observed on boundary waters--Misdemeanor.
The taking of any fish with or the placing, maintaining, or using of a net or seine in any river, lake, or waters forming the boundary line between this and any other state of the United States, at any time or in any manner prohibited by the laws of any such adjoining state, is a Class 2 misdemeanor, except as provided by §§ 41-12-16 to 41-12-19, inclusive.
Source: SDC 1939, § 25.0423; SL 1945, ch 97; SL 1967, ch 85, § 9; SL 1977, ch 190, § 585.
41-12-16. Taking of certain species from Missouri River boundary waters permitted.
Notwithstanding § 41-12-15, any person having a resident fishing license may take suckers, red horse, buffalo, carp, eel, eelpout, and catfish (except bullheads) from the waters of the Missouri River as prescribed by the provisions of §§ 41-12-5 to 41-12-8, inclusive, and § 41-12-12.
Source: SDC 1939, § 25.0423; SL 1945, ch 97; SL 1967, ch 85, § 9; SL 1985, ch 15, § 57.
41-12-17. Seining of scavenger and unprotected fish from boundary waters permitted.
Notwithstanding § 41-12-15, the Game, Fish and Parks Commission may, in its discretion, at such time as it may deem proper, permit the seining of scavenger or nonprotected fish from the rivers, lakes, or waters described in § 41-12-15.
Source: SDC 1939, § 25.0423; SL 1945, ch 97; SL 1967, ch 85, § 9.
41-12-19. Agreements with adjoining states for reciprocal recognition of licenses and enforcement.
The Department of Game, Fish and Parks may enter into agreements with the appropriate agencies of bordering states for the purpose of providing for reciprocal recognition of licenses and permits and reciprocal enforcement of regulations pertaining to hunting, fishing, boating, and trapping on the boundary waters of the state.
Source: SDC 1939, § 25.0423 as added by SL 1967, ch 85, § 9.
41-12-21. Limit of fish taken by fishing party--Exception.
Any of two or more persons who mutually agree to fish by angling from a single watercraft as a party or who mutually agree to fish by angling from shore or on ice as a party and who maintain visual and unaided vocal contact may take more than one daily limit of fish. However, the total number of fish taken by the party may not exceed the aggregate daily limit for all members of the party who are licensed to take and possess fish by angling. The provisions of this section do not apply to any person who fishes in more than one party in one day.
Source: SL 2013, ch 213, § 2; SL 2014, ch 204, § 1.