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

1. (1) Only a South Dakota charitable or nonprofit organization registered in good standing with the Secretary of State may be permitted;
2. (2) Fish, including processed fish, may be transported only by a person authorized under the permit;
3. (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. (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. (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. (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. (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. (8) No fish may remain in temporary possession of a charitable or nonprofit organization for a period exceeding one year; and
9. (9) Any fish transported or possessed under a permit is subject to inspection by any law enforcement officer during normal business hours.

Source: 38 SDR 116, effective January 10, 2012; 46 SDR 116, effective April 29, 2020.

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

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

Prior versions effective: 2012-01-10.