Except as authorized by this section, it is a Class 1 misdemeanor for a person to sell at retail any bait or biological specimen animals without a resident retail bait dealer license or a nonresident retail bait dealer license, or in violation of the conditions of the license or the rules of the Game, Fish and Parks Commission.

The Department of Game, Fish and Parks may issue any resident sixteen years or older a retail bait dealer license. The license permits the licensee to raise, trap, seine, buy, sell, possess, and transport bait and biological specimen animals. No retail bait dealer licensed under this section may sell bait to wholesale, retail or export bait dealers licensed under this chapter. The licensee shall comply with the rules adopted pursuant to § 41-2-18 by the Game, Fish and Parks Commission to protect and perpetuate the bait and biological specimen animal resources of the state.

Attorney's Note

Under the South Dakota Laws, punishments for crimes depend on the classification. In the case of this section:
ClassPrisonFine
Class 1 misdemeanorup to 1 yearup to $2,00
For details, see § 22-6-2

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Terms Used In South Dakota Codified Laws 41-6-45

  • Person: includes natural persons, partnerships, associations, cooperative corporations, limited liability companies, and corporations. See South Dakota Codified Laws 2-14-2

A resident retail bait dealer license is not required for residents under sixteen years of age.

The Department of Game, Fish and Parks may issue any nonresident a nonresident retail bait dealer license if the home state of the nonresident dealer provides a like opportunity to South Dakota resident dealers to be licensed in that state. The license permits the licensee to buy, sell, possess and transport bait and biological specimen animals. No nonresident bait dealer licensed under this section may sell bait to wholesale, retail or export bait dealers licensed under this chapter. The licensee shall comply with the rules adopted pursuant to § 41-2-18 by the Game, Fish and Parks Commission to protect and perpetuate the bait and biological specimen animal resources of the state.

Source: SDC 1939, § 25.0302 as added by SL 1961, ch 116, § 3; SL 1977, ch 190, § 553; SL 1979, ch 278, § 19; SL 1984, ch 29, § 5M; SL 1984, ch 273, § 63; SL 1985, ch 324, § 4; SL 1988, ch 334, § 4; SL 1991, ch 337, § 35; SL 1992, ch 293, § 7.