Any person possessing a valid fishing license or permit issued by this state or Nebraska, or who is legally exempted from license or permit requirements may fish from a boat or bank with a hook and line, bow and arrow (paddlefishandroughfish), spear, or spear gun, or by snagging (paddlefish) in the South Dakota-Nebraska boundary waters. The person may also fish with a hook and line, bow and arrow (paddlefishandroughfish), spear, or spear gun, or by snagging (paddlefish) in the South Dakota portion of any oxbow lake in the South Dakota-Nebraska boundary waters. From Gavins Point Dam to 0.6 mile downstream, a nonresident Nebraska fishing permit is required of any person who is not a resident of Nebraska or this state if fishing from a boat or either bank. Any reciprocal privilege granted in this section is contingent upon a grant of a like privilege by the state of Nebraska to any hook and line angler who is licensed or exempted by this state. Any angler fishing in the South Dakota-Nebraska boundary waters shall follow the laws and regulations of the state in which the angler is licensed or the state in which the angler is fishing, whichever are more restrictive.

Source: 4 SDR 31, effective November 27, 1977; 10 SDR 76, 10 SDR 102, effective July 1, 1984; 27 SDR 47, effective November 12, 2000; 34 SDR 179, effective December 24, 2007; 38 SDR 116, effective January 10, 2012; 46 SDR 116, effective April 29, 2020.

General Authority: SDCL 41-2-18(1)(2)(5)(15).

Law Implemented: SDCL 41-2-18(1)(2)(5)(15) , 41-8-40 , 41-12-19.

Prior versions effective: 2012-01-10.