The department shall require compliance with the following criteria before issuing a new private fish hatchery license or adding any new facility or water to an existing license:

1. (1) That any fish escaping from the proposed facility or water will not be detrimental to existing fish populations or waters;
2. (2) That no fish, exclusive of those propagated or held by the hatchery, may access the proposed facility or water;
3. (3) That no game fish, except bullheads or green sunfish, exists within the proposed facility or water unless the applicant provides proof of purchase verifying the game fish were obtained from a legal source;
4. (4) That the proposed facility or water does not interfere or limit access and use of public waters;
5. (5) That the applicant possesses a discharge permit issued by the Department of Agriculture and Natural Resources if applicable;
6. (6) That the applicant possesses a water right issued by the Department of Agriculture and Natural Resources if the operation of a hatchery requires a water right;
7. (7) That access to the proposed facility or water is entirely under the applicant's control by ownership, lease, easement, or permission. If the proposed facility or water is not entirely owned by the applicant, then the applicant shall provide with the application a true and correct copy of the written lease or easement, or written permission, which establishes the applicant's right to access the proposed facility and water; and

8. (8) That the proposed facility or water does not contain any aquatic nuisance species determined by the department to be a threat to the waters of this state.

   This section does not apply to any private fish hatchery licensee who submits a license renewal application for the next successive year if the hatchery facility and the waters contained therein, as described on the application for private fish hatchery license remain unchanged from the application approved in the preceding year.

Source: 29 SDR 80, effective December 10, 2002; 34 SDR 179, effective December 24, 2007; 35 SDR 184, effective February 2, 2009; 38 SDR 116, effective January 10, 2012; 47 SDR 27, effective September 15, 2020; SL 2021, ch 1, §§ 8, 19, effective April 19, 2021.

General Authority: SDCL 41-2-18(1)(22).

Law Implemented: SDCL 41-2-18(1)(22) , 41-6-39 , 41-6-40 , 41-6-43.

Prior versions effective: 2020-09-15, 2012-01-10.