Chapter Two: South Dakota Laws and Safety Requirements

Practice safe and legal boating every time you are on the water. Boating is a highly regulated recreational activity, and there may be occasions when a law enforcement officer will inspect your boat for compliance with equipment and legal conformity. The boat operator has the responsibility of ensuring the safety of all passengers and this includes making certain all required safety equipment is onboard the boat and ready to use.

It is the policy of South Dakota to promote safety for persons and property in and connected with the use, operation, and equipment of boats and to promote uniformity of laws relating thereto.

Department of Game, Fish & Parks
Division of Wildlife
523 E Capitol
Pierre, SD 575013182
www.state.sd.us/gfp

LAW ENFORCEMENT

Any law enforcement officer of South Dakota and its subdivisions may enforce the provisions of the boating laws and have the authority to stop and board any boat subject to the boating laws of South Dakota.

USCG – Responsible for federal boating regulation and enforcement on all federal navigable waters.

County or City marine officers (may be fire or police departments)– responsible for enforcement within the geographical boundaries of a particular County or City.

Definitions

"Boat," every description of watercraft, other than a seaplane on the water, used or capable of being used as a means of transportation on water;

"Commission," the Game, Fish and Parks Commission of this state acting directly or through its authorized officers;

"Department," the Department of Revenue and Regulation;

"Large boat," any boat over twelve feet in length or a motorboat, used or capable of being used as a means of transportation on water, except canoes, inflatable boats, kayaks, sailboards, and seaplanes;

"Motorboat," any boat propelled by machinery, whether or not such machinery is the principal source of propulsion, but does not include a boat which has a valid marine document issued by the commissioner of customs of the United States government or any federal agency successor thereto;

"Operate," to navigate or otherwise use a boat;

"Owner," a person, other than a lien holder, having the property in or title to a boat. The term includes a person entitled to the use or possession of a boat subject to an interest in another person reserved or created by agreement and securing payment or performance of an obligation, but the term excludes a lessee under a lease not intended as security;

"Personal watercraft," any motorboat that has an inboard or outboard motor powering a water jet pump or caged propeller as its primary source of motive power and is designed to be operated by a person standing on, kneeling on, sitting astride, or being towed behind the watercraft, and has the probability that the operator and passengers may in the normal course of use, fall overboard;

"Racing boat," any boat designed and manufactured exclusively for racing;

"Sailboard," any single-hulled boat equipped with an articulating mast and designed to be operated by a person standing on the board, maneuvering through the trim of the hand-held sail and distributing his body weight on the board.

Sailboards are exempt from the provisions of this chapter;

Slow-no-wake is the slowest possible speed necessary to maintain steerage, but in no case greater than five miles per hour;

"Waters of this state," any public waters within the territorial limits of this state and all waters which form a common boundary between this state and Minnesota, North Dakota, Montana, Wyoming, Iowa, or Nebraska.

"Underway" defined. For purposes of this chapter a boat is underway if, while upon the public waters, it is not at anchor, aground, or made fast to the shore.