Terms used in §§ 20-9-47 to 20-9-51, inclusive, mean:

(1) “Fishing,” the riding, driving, or being a passenger in a boat or watercraft used in a fishing tournament, or any person assisting a participant or show management. The term does not include being a spectator at a fishing tournament;

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Terms Used In South Dakota Codified Laws 20-9-47

  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
  • Person: includes natural persons, partnerships, associations, cooperative corporations, limited liability companies, and corporations. See South Dakota Codified Laws 2-14-2

(2) “Fishing tournament,” an organized competition among fishermen, usually as a series of competition events centered around or on a specific body of water, with specific rules applying to each event;

(3) “Fishing tournament sponsor,” any individual, group, club, partnership, or corporation, whether or not the sponsor is operating for profit or nonprofit, that supports, organizes, or provides the facilities for a fishing tournament;

(4) “Fishing professional,” any person engaged for compensation in instructing a participant or renting to a participant a boat, watercraft or other equipment for the purpose of fishing in a fishing tournament;

(5) “Inherent risks of fishing,” those dangers or conditions that are an integral part of fishing, including:

(a) The unpredictability of the weather and environment in the area the fishing occurs;

(b) Certain hazards such as surface and subsurface conditions of the body of water at or on which the fishing occurs;

(c) Collisions with other boats, watercrafts, vehicles, ice shacks, or objects;

(d) If engaged in a fishing tournament, the potential of a participant to act in a negligent manner that may contribute to injury to the participant or others, such as failing to maintain control over the boat or watercraft or not acting within the participant’s ability;

(6) “Participant,” any person, whether amateur or professional, who engages in a fishing tournament, whether or not a fee is paid to participate in a fishing tournament.

Source: SL 2016, ch 115, § 1.