South Dakota Administrative Code

Rule 41:06:00.01:01 Seasons not applicable to Indian lands -- Exception. 41:06:00.01:01. Seasons not applicable to Indian lands -- Exception. Unless otherwise specifically provided, a season established by this article does not apply to any Indian lands as defined by 18 U.S.C. 11…

Rule 41:06:00.01:02 Definitions. 41:06:00.01:02. Definitions. As used in this article: (1) "Buck" means a male deer with a visible, polished antler; (2) "Bull" means a male elk with a visible, polished antler; (3) "Antlerless" means a whitetail or mule deer, or elk, of either sex…

Rule 41:06:01:01 Applicability of chapter. 41:06:01:01. Applicability of chapter. This chapter governs the manner of applying for licenses in hunting seasons where licenses are limited by number or eligibility, or both. Source: SL 1975, ch 16, § 1; 10 SDR 76, 10 SDR 102, effectiv…

Rule 41:06:01:02 Form of application -- False representation prohibited -- License prerequisite. 41:06:01:02. Form of application -- False representation prohibited -- License prerequisite. An applicant shall apply for big game and other special licenses on forms provided by the …

Rule 41:06:01:03 Submission of application with fee. 41:06:01:03. Submission of application with fee. Except for elk, mountain goat, and bighorn sheep, the applicant shall submit the application to the licensing section of the department together with the license fee. Except as p…

Rule 41:06:01:03.01 Restriction on number of applications submitted jointly. 41:06:01:03.01. Restriction on number of applications submitted jointly. No more than six persons may submit applications for any license limited in number jointly in the same envelope except that no mor…

Rule 41:06:01:04 Repealed. 41:06:01:04. Void applications.Repealed. Source: SL 1975, ch 16, § 1; 2 SDR 10, effective August 7, 1975; 10 SDR 76, 10 SDR 102, effective July 1, 1984; repealed, 21 SDR 86, effective November 10, 1994.

Rule 41:06:01:05 Repealed. 41:06:01:05. No refunds and cancellations after license issuance.Repealed. Source: SL 1975, ch 16, § 1; 10 SDR 76, 10 SDR 102, effective July 1, 1984; repealed, 21 SDR 86, effective November 10, 1994.

Rule 41:06:01:06 Lottery methods and procedure. 41:06:01:06. Lottery methods and procedure. The lottery to determine successful applicants for license may be a process of either selection or elimination. When more than one application is submitted in one envelope, the application…

Rule 41:06:01:07 Land owner preference limited by acreage. 41:06:01:07. Landowner preference limited by acreage. In big game seasons where landowner preference is established, the related provisions in SDCL 41-6-21 shall apply only to any landowner and tenant on private land trac…

Rule 41:06:01:07.01 Landowner preference application requirements and restrictions. 41:06:01:07.01. Landowner preference application requirements and restrictions. A landowner or tenant, but not both, may claim landowner preference for the same qualifying property. Employment on …

Rule 41:06:01:07.02 Restrictions on landowner preference for leglal entities. 41:06:01:07.02. Restrictions on landowner preference for legal entities. Shareholders of a corporation, members of a limited liability company holding a membership interest in the company, partners in a…

41:06:01:07.03. Landowner own land license types. For the West River, East River, and Black Hills firearm deer hunting seasons, a qualifying landowner or owner-operator may purchase one single-tag deer license or one two-tag deer license. For the antelope firearm hunting season, …

Rule 41:06:01:08 Restriction on number of applications. 41:06:01:08. Restriction on number of applications.Except as otherwise provided in rules applicable to a specific hunting season, a person may apply for no more than one license in the original lottery for any hunting season…

Rule 41:06:01:08.01 Restriction on applications for certain lottery deer drawings. 41:06:01:08.01. Restriction on applications for certain lottery deer drawings. A person may submit no more than two applications for any combined drawing for Black Hills, East River, West River, Re…

41:06:01:09. Application for unsold big game licenses -- Future eligibility. In antelope season units, where resident and nonresident licenses are limited in number and licenses remain unsold after a first lottery drawing, a person may apply for one leftover license in that seaso…

41:06:01:10. Prior application preference. The department shall set aside for landowner applications, as described in § 41:06:01:07, fifty percent of any licenses that are limited in number and issued by application and computer drawing, for the Black Hills deer hunting season, t…

Rule 41:06:01:11 Restricted sale of leftover licenses. 41:06:01:11. Restricted sale of leftover licenses. Upon consultation with the chairman of the commission, the secretary of the department may limit the sale of any big game hunting licenses remaining unsold in specific huntin…

41:06:01:12. Mentored youth license -- Restrictions. A child under the age of sixteen may purchase no more than one mentored youth: (1) Small game license; (2) Nonresident waterfowl license; (3) Any antlerless deer or antlerless whitetail deer license; (4) Fall any turkey license…

41:06:01:12.01. Mentored youth hunting seasons--Restrictions. An individual with a mentored youth fall “any turkey” or a mentored youth spring “male turkey” license shall adhere to date, weapon, and unit restrictions for that season. An individual with a mentored youth any antler…

41:06:01:13. Designation of areas where free antlerless deer licenses can be used by farmers and ranchers -- Requirements and restrictions. Antlerless licenses authorized by SDCL 41-6-19.8 may be issued to any qualifying farmer or rancher for use in the West River, East River, ap…

Rule 41:06:01:14 Allocation of licenses to nonresident hunters. 41:06:01:14. Allocation of licenses to nonresident hunters. An additional number of big game licenses may be issued to nonresident hunters for the West River prairie deer season, all west river prairie units for the …

41:06:01:15. Elk application requirements. The following requirements and restrictions apply to all license applications for elk seasons: (1) Only a resident of the state may apply for a license; (2) Except for a qualifying landowner-operator applicant described in subdivisions (…

Rule 41:06:01:16 Purchase and accrual of preference poionts. 41:06:01:16. Purchase and accrual of preference points. In lieu of applying for a license for any hunting season with a limited license allocation, a person who is eligible to apply for the license may apply for a prefe…

41:06:01:17. Access permits required for specific deer hunting units and public lands. Any resident or nonresident deer hunter possessing an archery deer license valid on public land shall obtain and possess a free limited access permit to hunt hunting units or public lands descr…

Rule 41:06:01:18 Authorization for terminally ill residents to hunt deer, antelope and turkeys. 41:06:01:18. Authorization for terminally ill residents to hunt deer, antelope and turkeys. The secretary may authorize a resident: (1) Who has been diagnosed by a licensed doctor of m…

Rule 41:06:01:19 Sage grouse hunting permits -- Procedure -- Requirements. 41:06:01:19. Sage grouse hunting permits -- Procedure -- Requirements. Free hunting permits for the sage grouse season shall be allocated to resident hunters by a lottery drawing through the initial draw. …

Rule 41:06:02:01 License forms -- Licensee to abide by license conditions. 41:06:02:01. License forms -- Licensee to abide by license conditions. The date of purchase and validation period shall be noted on a one-day fishing license, three-day fishing license, one-day small game …

41:06:02:01.01. Combination license. In lieu of separate purchase, a license that combines the resident small game license and the resident fishing license may be obtained by a resident. Source: 9 SDR 147, effective May 22, 1983; 10 SDR 76, 10 SDR 102, effective July 1, 1984; 14 …

Rule 41:06:02:01.02 Repealed. 41:06:02:01.02. Replacement of combination license.Repealed. Source: 9 SDR 147, effective May 22, 1983; 10 SDR 76, 10 SDR 102, effective July 1, 1984; repealed, 16 SDR 135, effective February 18, 1990.

Rule 41:06:02:01.03 Replacement of lost or destroyed license, permit, or game tag. 41:06:02:01.03. Replacement of lost or destroyed license, permit, or game tag. Any license, permit, or game tag issued by the department, lost in the mail, and not received by the applicant must be…

41:06:02:01.04. License validity. Any license is valid from December 15 preceding the printed year on the license to January 31 following the printed year on the license, unless otherwise specified on the license. Source: 25 SDR 43, effective September 28, 1998; 27 SDR 13, effect…

Rule 41:06:02:01.05 Nonresident small game license -- Change of hunting period. 41:06:02:01.05. Nonresident small game license - Change of hunting period. If a nonresident small game licensee desires to change one or both five-day periods as specified on the licensee's nonresiden…

Rule 41:06:02:02 Repealed. 41:06:02:02. Report required. Repealed. Source: SL 1975, ch 16, § 1; 10 SDR 76, 10 SDR 102, effective July 1, 1984; 17 SDR 23, effective August 16, 1990; 25 SDR 157, effective June 24, 1999; repealed, 39 SDR 10, effective August 1, 2012.

41:06:02:03. Hunting license fees. Hunting license fees are as follows: (1) Resident predator/varmint license, six dollars; (2) Resident small game license: (a) Eighteen years of age and older, thirty dollars; and (b) Under eighteen years of age, five dollars; (3) Resident one-da…

Rule 41:06:02:04 Sale of lists of license holders. 41:06:02:04. Sale of lists of license holders. The department may sell lists of license holders which contain the names and addresses of persons 18 years of age or older at the time of licensure. Upon receiving the commission's a…

Rule 41:06:02:05 Repealed. 41:06:02:05. Sale of lists of license holders containing names of persons under 18. Repealed. Source: 21 SDR 56, effective September 29, 1994; repealed, 39 SDR 10, effective August 1, 2012.

Rule 41:06:02:06 Fee for subscription and license holder lists. 41:06:02:06. Fee for subscription and license holder lists. A person, entity, or organization may request, on forms provided by the department, a list of subscription or license holders maintained by the department. …

41:06:03:01. Tagging required. The licensee shall sign the tag issued with each big game license or swan license and date it by cutting out completely the month and day of the associated kill. The licensee shall attach the tag securely around one leg of a mountain lion, turkey, o…

41:06:03:01.01. Electronic license registration required. Each electronic swan or big game license must be electronically registered at the time of harvest or prior to the transport of a harvested swan or big game, as provided in SDCL 41-14-14. Upon being electronically registere…

Rule 41:06:03:02 Game bird transportation and packaging. 41:06:03:02. Game bird transportation and packaging. No game bird, including a wild turkey, may be possessed, placed in public storage, transported, or accepted for shipment unless the following minimum requirements are met…

Rule 41:06:03:03 Repealed. 41:06:03:03. Pheasant shipment -- Tags.Repealed. Source: SL 1975, ch 16, § 1; repealed, 5 SDR 19, effective September 14, 1978.

Rule 41:06:03:04 Repealed. 41:06:03:04. Nonresident small game tagging requirements.Repealed. Source: SL 1975, ch 16, § 1; repealed, 8 SDR 85, effective January 18, 1982.

Rule 41:06:03:05 Small game transportation permits. 41:06:03:05. Game transportation permits. Except as provided in § 41:06:03:09, a nonlicensee transporting another person's legally taken game shall obtain a game transportation permit which is available without fee from any auth…

Rule 41:06:03:06 Identification required for transportation of big game animal -- Exception. 41:06:03:06. Identification required for transportation of big game animal -- Exception. No person may possess in the field or transport a big game animal, except turkey, unless it is acc…

Rule 41:06:03:07 Repealed. 41:06:03:07. Tagging of antlers in the velvet stage. Repealed. Source: 9 SDR 30, effective September 13, 1982; 10 SDR 76, 10 SDR 102, effective July 1, 1984; provisions on legal acquisition transferred from § 41:06:03:08, 23 SDR 197, effective May 27, 1…

Rule 41:06:03:08 Transferred. 41:06:03:08. Transferred to § 41:06:03:07.

Rule 41:06:03:09 Gifting of game allowed -- Conditions. 41:06:03:09. Gifting of game allowed -- Conditions. A licensee may gift game, or any part thereof, to another person if each of the following conditions are met: (1) The game was lawfully taken, caught, or killed; and (2) Th…

Rule 41:06:03:10 Wildlife processing facility defined. 41:06:03:10. Wildlife processing facility defined. A wildlife processing facility is any person or entity that has a South Dakota sales tax license to operate a business that receives, possesses, or has in custody any wild an…

Rule 41:06:03:11 Records required for wildlife processing facilities. 41:06:03:11. Records required for wildlife processing facilities. No wildlife processing facility may: (1) Receive or have in custody any wild animal unless accurate records are maintained that can identify eac…