41-13-1. Dumping of refuse or chemicals into game fish waters as misdemeanor--Liability for restoration.

It is a Class 1 misdemeanor for any person to empty or allow to be emptied, to place or allow to be placed, any sawdust, manure, refuse matter, sedimentary materials, pollutants, or chemicals of any kind in the waters of this state containing fish and wildlife, or to deposit the same within such distance that it may be carried into such waters by natural causes, except as expressly provided in this chapter. Any person who knowingly or willfully empties, places, or discharges pollutants or chemicals into state waters is liable to the Department of Game, Fish and Parks for an amount, to be deposited in the game, fish and parks fund, which will compensate for restoration of losses.

Source: SDC 1939, § 25.0609 as enacted by SL 1961, ch 120, § 2; SL 1977, ch 190, § 587; SL 1988, ch 338, § 1.

41-13-1.1. Agricultural producer not liable for result of normal farming practices.

Liability may not be imposed upon an agricultural producer if the fish or wildlife kill occurred as a result of normal farming practices.

Source: SL 1988, ch 338, § 2.

41-13-2. Permit required to use plant control chemicals in game fish waters--Violation as misdemeanor--Promulgation of rules.

It is a Class 2 misdemeanor to place chemicals in the public waters of this state containing game fish for the purpose of controlling plants without written permission of the secretary of game, fish and parks. The Game, Fish and Parks Commission may promulgate rules pursuant to chapter 1-26 to safeguard game fish and other animals from the effects of such chemicals.

Source: SDC 1939, § 25.0611 as enacted by SL 1961, ch 120, § 2; SL 1977, ch 190, § 588; SL 2009, ch 206, § 64.

41-13-3. Commission authority required to introduce fish or eggs into public waters--Violation as misdemeanor.

It is a Class 2 misdemeanor for any person to transplant or introduce any fish or fish eggs into any of the public waters of this state without express authority of the Department of Game, Fish and Parks.

Source: SDC 1939, § 25.0608 as enacted by SL 1961, ch 120, § 2; SL 1977, ch 190, § 589.

41-13-3.1. Unauthorized importation of salmonidae as misdemeanor.

It is a Class 2 misdemeanor for any person to import live fishes or viable eggs of the family salmonidae into the State of South Dakota unless such importation complies with rules promulgated pursuant to chapter 1-26 by the Department of Game, Fish and Parks.

Source: SL 1970, ch 240; SL 1977, ch 190, § 590; SL 2009, ch 206, § 65.

41-13-4. Emptying bait container into public waters as misdemeanor.

It is a Class 2 misdemeanor for any person to empty the contents of any minnow bucket or other receptacle containing bait into any of the public waters of the state.

Source: SDC 1939, § 25.0608 as enacted by SL 1961, ch 120, § 2; SL 1977, ch 190, § 591.

41-13-5. Department authorized to remove rough fish and bullheads from public waters.

The Department of Game, Fish and Parks may remove and dispose of rough fish and bullheads from the public waters of the state by the use of seines, nets, chemicals, or by other means or devices.

Source: SDC 1939, § 25.0607 as enacted by SL 1961, ch 120, § 2; SL 2009, ch 206, § 66.

41-13-6. Additional species to be treated as rough fish.

In addition to rough fish as defined in chapter 41-1, the Game, Fish and Parks Commission may by rule adopted pursuant to § 41-2-18 declare one or more species of game fish to be considered and treated as rough fish in any particular waters when the action is necessary or advisable to maintain a desirable fish population.

Source: SDC 1939, § 25.0607 as enacted by SL 1961, ch 120, § 2; SL 1984, ch 273, § 90.

41-13-7. Contract fishing for rough fish and bullheads--Supervision--Bond required.

The Department of Game, Fish and Parks may contract for the removal of rough fish and bullheads from any of the public waters of the state, if fishing under the contract is done under the personal supervision of a person designated by the secretary of game, fish and parks. Any person carrying on such fishing operations under such a contract shall furnish bond in an amount determined by the department, conditioned upon the person's compliance with all of the terms of the contract.

Source: SDC 1939, § 25.0607 as enacted by SL 1961, ch 120, § 2; SL 2009, ch 206, § 67.

41-13-8. Tagging and identification of devices used by contract fishermen.

All nets or other devices used by contract fishermen shall be tagged with a metal tag furnished by the Department of Game, Fish and Parks when in use, and shall be sealed or otherwise properly identified as deemed appropriate by the Game, Fish and Parks Commission when they are not in use and are within the boundaries of this state.

Source: SDC 1939, § 25.0607 as enacted by SL 1961, ch 120, § 2.

41-13-9. Sale and transportation of fish taken under commission program.

Fish taken under the provisions of §§ 41-13-5 to 41-13-7, inclusive, may be sold and transported according to rules as adopted pursuant to § 41-2-18 by the Game, Fish and Parks Commission.

Source: SDC 1939, § 25.0607 as enacted by SL 1961, ch 120, § 2; SL 1984, ch 273, § 91.

41-13-10. Disposition of game fish taken in rough fish control operations.

On the waters of the Missouri River and its impoundments, game fish taken incidentally in operations designed to control rough fish and bullheads, if the condition of the game fish is such that they cannot reasonably be salvaged, may be removed and disposed of in the same manner prescribed for rough fish and bullheads.

Source: SDC 1939, § 25.0607 as enacted by SL 1961, ch 120, § 2; SL 2009, ch 206, § 68.

41-13-11. Disposition of proceeds from sale of game fish.

All proceeds derived from the disposal of game fish except bullheads, shall be deposited in the state treasury and credited to the Department of Game, Fish and Parks fund.

Source: SDC 1939, § 25.0607 as enacted by SL 1961, ch 120, § 2.