S.D. Admin. R. 41:07:01:07.03

Current through Register Vol. 51, page 56, November 4, 2024

Section 41:07:01:07.03 - Temporary possession of fish allowed for charitable and non-profit organizations - Permit requirements

Legally possessed fish by licensed anglers may be gifted to a charitable or nonprofit organization under the following conditions:

(1) Only a South Dakota charitable or nonprofit organization registered in good standing with the Secretary of State may be permitted;

(2) Fish, including processed fish, may be transported only by a person authorized under the permit;

(3) Fish may be held in temporary possession at a specific location identified in the permit application if the fish is tagged in accordance with SDCL 41-14-4;

(4) Any fish held in temporary possession shall be accounted for in records maintained by the applicant,and the records shall conform with the provisions of § 41:06:03:11;

(5) No charitable or nonprofit organization may distribute fish in a manner that would place the recipient in violation of § 41:07:01:07, or any season, daily, or possession limit established for the species of fish being gifted;

(6) The charitable or nonprofit organization may distribute fish through a food pantry or charitable food distribution program or directly to any person in need. In each case, the charitable or nonprofit organization shall provide a written receipt on forms provided by the department;

(7) If specified in the permit, a charitable or nonprofit organization may be authorized to cook and serve fish held in temporary possession at a charitable event if the fish are not sold or offered for sale;

(8) No fish may remain in temporary possession of a charitable or nonprofit organization for a period exceeding one year; and

(9) Any fish transported or possessed under a permit is subject to inspection by any law enforcement officer during normal business hours.

S.D. Admin. R. 41:07:01:07.03

38 SDR 116, effective 1/10/2012; 46 SDR 116, effective 4/29/2020

General Authority: SDCL 41-2-18(1)(2).

Law Implemented: SDCL 41-2-18(1)(2).