South Dakota Administrative Code

Rule 41:08:05:01 Possession of live fur-bearing animal prohibited -- Exception. 41:08:05:01. Possession of live fur-bearing animal prohibited -- Exception. A person may not possess a live fur-bearing animal, as defined in SDCL 41-1-1, with the following exception: no more than on…

Rule 41:08:05:02 Repealed. 41:08:05:02. Possession of live furbearer after season -- Requirement.Repealed. Source: 3 SDR 22, effective September 23, 1976; repealed, 10 SDR 12, effective August 17, 1983.

Rule 41:08:05:03 Purchase of live fur-bearing animal prohibited. 41:08:05:03. Purchase of live fur-bearing animal prohibited. A person may not offer for sale, sell, or purchase a live fur-bearing animal. Source: 3 SDR 22, effective September 23, 1976; 10 SDR 12, effective August …

Rule 41:08:05:04 Killing or release of fur-bearing animal required -- Exception for pet. 41:08:05:04. Killing or release of fur-bearing animal required -- Exception for pet. Unless the animal is to be kept as a pet, as provided in § 41:08:05:01, a person who takes a live fur-bear…

Rule 41:08:05:05 Possession of physically altered fur-bearing animal prohibited -- Exception. 41:08:05:05. Possession of physically altered fur-bearing animal prohibited -- Exception. A person may not possess a pet fur-bearing animal, as authorized by § 41:08:05:01, which has bee…

Rule 41:08:05:06 Repealed. 41:08:05:06. Possession of live furbearer during closed season as prima facie evidence of unlawful taking -- Burden of proof as to lawful taking.Repealed. Source: 3 SDR 22, effective September 23, 1976; repealed, 10 SDR 12, effective August 17, 1983.

Rule 41:08:05:07 Seizure and disposition of live fur-bearing animal possessed unlawfully. 41:08:05:07. Seizure and disposition of live fur-bearing animal possessed unlawfully. A live fur-bearing animal possessed contrary to this chapter or to statute must be immediately seized by…

Rule 41:08:06:01 Permit and authorization required. 41:08:06:01. Permit and authorization required. Except for employees and contract pilots of the department and persons exempted under SDCL 41-8-39.1, a person may not hunt fox and coyote from an aircraft unless the person has be…

Rule 41:08:06:02 Application -- Contents -- Submission. 41:08:06:02. Application -- Contents -- Submission. A person who desires a permit to hunt fox and coyote from an aircraft shall submit a completed aerial hunting application to the department in Pierre giving the person's na…

Rule 41:08:06:03 County permits -- Selection. 41:08:06:03. County permits -- Selection. The department may subjectively determine the number of contracts and permits in a county, may assign more than one county to a permittee, and may subjectively select the permittees contracted…

Rule 41:08:06:04 Expiration of permits. 41:08:06:04. Expiration of permits. Permits expire on August 31. Source: 3 SDR 30, effective October 20, 1976; 3 SDR 87, effective June 26, 1977; 10 SDR 76, 10 SDR 102, effective July 1, 1984; 27 SDR 85, effective February 26, 2001; 28 SDR …

Rule 41:08:06:05 Repealed. 41:08:06:05. Display of numbered markers.Repealed. Source: 3 SDR 30, effective October 20, 1976; 10 SDR 76, 10 SDR 102, effective July 1, 1984; repealed, 19 SDR 128, effective March 9, 1993.

41:08:06:06. Hunting area limited. A permittee may aerial hunt only in the counties permitted in the contract. A permittee may not aerial hunt upon or over any private land or any state or federal land, except as authorized by a department representative or as otherwise provided …

Rule 41:08:06:06.01 Repealed. 41:08:06:06.01. Permittee subject to department hunting request. Repealed. Source: 8 SDR 162, effective June 10, 1982; 10 SDR 76, 10 SDR 102, effective July 1, 1984; 28 SDR 166, effective June 4, 2002; 47 SDR 27, effective September 15, 2020.

Rule 41:08:06:07 Daily record required. 41:08:06:07. Daily record required. A permittee shall maintain a daily record that shows the number of fox and coyote taken and the area where they were taken. Source: 3 SDR 30, effective October 20, 1976; 10 SDR 76, 10 SDR 102, effective J…

Rule 41:08:06:08 Quarterly reporting required. 41:08:06:08. Quarterly reporting required. A permittee shall file a report with the department within 15 days after each calendar quarter. The report must state the numbers of foxes and coyotes taken under the permit during the quart…

Rule 41:08:06:09 Repealed. 41:08:06:09. Cancellation. Repealed. Source: 3 SDR 30, effective October 20, 1976; 3 SDR 87, effective June 26, 1977; 8 SDR 162, effective June 10, 1982; 10 SDR 76, 10 SDR 102, effective July 1, 1984; 47 SDR 27, effective September 15, 2020.

Rule 41:09:01:01 Operation plan to be submitted with application. 41:09:01:01. Operation plan to be submitted with application. A person submitting an application for a shooting preserve permit shall submit with the application a detailed plan of operation for the proposed privat…

Rule 41:09:01:02 Release of male birds required -- Harvest limited. 41:09:01:02. Release of male birds required -- Harvest limited. A permittee must release a minimum of 600 male pheasants on each of the permittee's shooting preserves. The minimum release required by this section…

Rule 41:09:01:02.01 Notification required prior to release of birds. 41:09:01:02.01. Notification required prior to release of birds. A preserve permittee shall make personal contact with a local conservation officer to verify the bird marking method, planned date of any release,…

Rule 41:09:01:03 Birds that may be released -- Minimum release age -- Marking of birds. 41:09:01:03. Birds that may be released -- Minimum release age -- Marking of birds. Any bird released on a shooting preserve must be at least 15 weeks of age at the time of release. Except for…

Rule 41:09:01:03.01 Daily bag limit -- Shooting hours. 41:09:01:03.01. Daily bag limit -- Shooting hours. The daily bag limit for pheasants on shooting preserves is 20 male pheasants from the beginning of the hunting preserve season through the end of the statewide pheasant seaso…

Rule 41:09:01:04 Tagging of bagged birds. 41:09:01:04. Tagging of bagged birds. Serially numbered tags, supplied by the department, must be securely attached around the leg or neck of all harvested bird species that are listed on the preserve permittee's permit. All pen-reared an…

Rule 41:09:01:04.01 Private shooting preserve transportation permit -- Exception. 41:09:01:04.01. Private shooting preserve transportation permit -- Exception. A licensed private shooting preserve permittee may obtain a transportation permit for processing purposes from the depar…

Rule 41:09:01:04.02 Private shooting preserve common carrier shipping permits. 41:09:01:04.02. Private shooting preserve common carrier shipping permits. Repealed. Source: 22 SDR 16, effective August 15, 1995; repealed, 33 SDR 43, effective September 18, 2006.

Rule 41:09:01:05 Fee for kill tags -- Deadline. 41:09:01:05. Fee for kill tags -- Deadline. The fee for kill tags attached to birds by the permittee is 25 cents each. The fee for kill tags furnished to a permittee but not attached to a bird and not returned to the department at t…

Rule 41:09:01:05.01 Game release and guest register records required -- Deadlines. 41:09:01:05.01. Game release and guest register records required -- Deadlines. In addition to the records required in SDCL 41-10-17, a permittee shall maintain a separate set of game release and gu…

Rule 41:09:01:06 Applications -- New and renewal --Single season and three-year season permits authorized -- Fees. 41:09:01:06. Applications - New and renewal -- Single season and three-year season permits authorized -- Fees. Applications for new shooting preserves and renewal ap…

Rule 41:09:01:06.01 Notice of public hearing 41:09:01:06.01. Notice of public hearing. Repealed. Source: 18 SDR 41, effective September 5, 1991; repealed, SL 2005, ch 226, § 13, effective March 9, 2005.

Rule 41:09:01:06.02 Issuance of permit for shooting preserve located within one mile of publicly owned shooting area. 41:09:01:06.02. Issuance of permit for shooting preserve located within one mile of publicly owned shooting area. Upon receipt of an application for issuance of a…

Rule 41:09:01:07 Minimum area of preserve. 41:09:01:07. Minimum area of preserve. The minimum area required for a shooting preserve is 160 acres. Source: 14 SDR 114, effective March 9, 1988; 47 SDR 27, effective September 15, 2020. General Authority: SDCL 41-2-18(16). Law Impleme…

Rule 41:09:01:08 Definition of "other publicly owned shooting areas." 41:09:01:08. Definition of "other publicly owned shooting areas." Areas covered by the term "other publicly owned shooting areas" in SDCL 41-10-7(10) include all lands owned or controlled by the U.S. Fish and W…

Rule 41:09:01:09 New and existing shooting preserves distinguished. 41:09:01:09. New and existing shooting preserves distinguished. A new shooting preserve as used in SDCL 41-10-4.5 and this chapter, is a shooting preserve which did not have a permit for the preceding year or a p…

Rule 41:09:01:10 Adjustment to preserve acreage. 41:09:01:10. Adjustment to preserve acreage. A permittee may apply to the department for an adjustment of preserve acreage. The department may adjust the acreage to remove land that had substantial and detrimental changes in habita…

Rule 41:09:01:11 Training required. 41:09:01:11. Training required. All new preserve permittees shall attend a training and informational meeting prior to the preserve season. The department shall notify new permittees of the time and place of scheduled meetings. Source: 23 SDR 2…

Rule 41:09:01:12 Contiguous tract of land defined. 41:09:01:12. Contiguous tract of land defined. A tract of land contained within an application for a private preserve does not constitute a contiguous tract of land as used in SDCL 41-10-3 and 41-10-7(8) if the department determi…

Rule 41:09:02:00 Definition of terms. 41:09:02:00. Definition of terms. As used in this chapter: (1) "Game bird" means any swan; goose; brant; puddle, diving, river, or sea duck; wild turkey; grouse; prairie chicken; pheasant; partridge; quail; and any hatching eggs of these bird…

Rule 41:09:02:01 Expiration date of license. 41:09:02:01. Expiration date of license. A captive game bird license expires on December 31 of the calendar year for which the license was issued. Source: SL 1975, ch 16, § 1; 8 SDR 86, effective January 18, 1982; 10 SDR 12, effective …

Rule 41:09:02:02 Possession of captive game birds prohibited -- Exceptions -- License types and fees. 41:09:02:02. Possession of captive game birds prohibited -- Exceptions -- License types and fees. No person may possess captive game birds without a captive game bird license, as…

Rule 41:09:02:02.01 License application. 41:09:02:02.01. License application. The application for a captive game bird license must include: (1) The name and address of licensee; (2) The number of game birds by species and sex to be held in captivity; (3) The legal origin of game …

Rule 41:09:02:02.02 Transferred. 41:09:02:02.02. Transferred to § 41:09:02:09.

Rule 41:09:02:02.03 Repealed. 41:09:02:02.03. Certificate of health required.Repealed. Source: 8 SDR 86, effective January 18, 1982; repealed, 10 SDR 12, effective August 17, 1983.

Rule 41:09:02:02.04 Repealed. 41:09:02:02.04. Health department to be notified of diseases transmissible to man.Repealed. Source: 8 SDR 86, effective January 18, 1982; repealed, 10 SDR 12, effective August 17, 1983.

Rule 41:09:02:03 Captive waterfowl -- Compliance with federal regulations. 41:09:02:03. Captive waterfowl -- Compliance with federal regulations. All migratory waterfowl propagated, possessed, sold, or offered for sale under a captive game bird license must be marked for identifi…

Rule 41:09:02:04 Identification marking required. 41:09:02:04. Identification marking required. Except for partridge and quail, any game bird propagated, possessed, sold, offered for sale, or released from captivity must have one front toe or one hind toe on either foot removed b…

Rule 41:09:02:05 Bill of sale required of persons other than licensees. 41:09:02:05. Bill of sale required of persons other than licensees. Any game bird propagated under a captive game bird license that has not been shot may not be possessed, placed in public storage, transporte…

Rule 41:09:02:06 Enclosing wild and captive-raised game birds in same package prohibited. 41:09:02:06. Enclosing wild and captive-raised game birds in same package prohibited. No wild game bird may be packaged or shipped within a container that includes any game bird that has not…

Rule 41:09:02:06.01 Release to the wild prohibited. 41:09:02:06.01. Release to the wild prohibited. A person may not release into the wild within the state any game birds, except ring-necked pheasants, partridge, wild turkeys, or quail, without written consent of the department. …

Rule 41:09:02:07 Repealed. 41:09:02:07. Reports required.Repealed. Source: SL 1975, ch 16, § 1; 8 SDR 86, effective January 18, 1982; repealed, 10 SDR 12, effective August 17, 1983.

Rule 41:09:02:08 Records required -- Contents -- Inspection -- Submission of annual report. 41:09:02:08. Records required -- Contents -- Inspection -- Submission of annual report. Each commercial captive game bird licensee shall keep a written record of all game birds sold under …