Provide for the licensure of certain fishing guides, and to provide a penalty therefor.
HB1122 would create a new state licensing system for certain fishing guides in South Dakota, effective July 1, 2027. The bill adds “fishing guide license” to the list of licenses administered under state game, fish, and parks law, and directs the Game, Fish and Parks Commission to set rules governing fees, eligibility, application procedures, and a code of conduct for guide-client interactions.
Under the bill, a person may not hold themselves out as a fishing guide for compensation without first obtaining an annual license from the Department of Game, Fish and Parks. The requirement would not apply to guide services provided on water entirely within property owned by the guide. Applicants must be at least 18 years old, carry $1 million in general liability insurance, and pay a fee set by statute at $150 for residents and $300 for nonresidents. Licenses expire March 31 and fees are nonrefundable; collected fees would be deposited in the Game, Fish and Parks fund and used to support fish restocking efforts.
The bill would amend South Dakota’s game, fish, and parks licensing statutes by adding a new regulated occupation: fishing guides. It would authorize the Department of Game, Fish and Parks to license guides, deny applications, and suspend or revoke licenses based on specified conduct, including misrepresentation, certain prior violations, felony convictions, and prior discipline in any jurisdiction. It also creates a new Class 1 misdemeanor for guiding without a license or while under suspension, with each client served counting as a separate offense. In addition, the bill would create a dedicated revenue stream for fish restocking through guide license fees.
The available voting history suggests the bill faced significant resistance in committee. A motion to do pass amended failed 3-10, while a motion to defer the bill to the 41st legislative day passed 10-3, indicating that most committee members were not ready to advance the proposal in its current form. No committee transcript is available, so the specific arguments for or against the bill are not recorded here, but the vote pattern shows more support for delaying consideration than for immediate passage.
The main points of contention likely center on whether the state should regulate fishing guides as a licensed profession, the cost and burden of the proposed insurance and fee requirements, and the criminal penalty for unlicensed guiding. The bill’s exemption for guides operating only on waters entirely within their own property may also raise questions about scope and fairness. Supporters would likely emphasize consumer protection, professional standards, and funding for fish restocking, while opponents may view the measure as unnecessary regulation that could affect small guide businesses and recreational access.