Title 41 — GAME, FISH, PARKS AND FORESTRY

Terms used in this chapter mean: (1) "Commission," the Game, Fish and Parks Commission, acting directly or through its duly authorized officers or agents; (2) "Department," the Department of Game, Fish and Parks, acting directly or through its duly authorized officers or agents; …

All game released on a shooting preserve shall be marked as prescribed by the Game, Fish and Parks Commission. All game not marked as prescribed is deemed wild game. Source: SL 1963, ch 148 , § 6; SL 2009, ch 206 , § 59.

The season length on shooting preserves may be all or any part of the seven - month period beginning September first and ending March thirty - first of the following year. Source: SL 1963, ch 148 , § 9.

A South Dakota resident small game license or a resident youth small game license is required of each resident hunting on a shooting preserve. Any nonresident hunting small game on a shooting preserve shall obtain a nonresident shooting preserve license or a nonresident small gam…

The guest of a shooting preserve permittee, after securing any necessary hunting licenses as required by this chapter, may harvest any game released in the shooting preserve, and as provided for in § 41-10-16 , all of the wild game in the area of the same species as those release…

Within the limits set by the commission, in rules promulgated pursuant to chapter 1-26 , the shooting preserve permittee may establish shooting hours and limitations and restrictions on the age, sex, number, and type of each game species that may be taken by each person. The perm…

Any person licensed to hunt a species as required by this chapter may harvest and legally possess pen raised or wild game shot on a shooting preserve if the game is tagged as directed by the commission in rules promulgated pursuant to chapter 1-26 . The provisions of this section…

Each shooting preserve permittee shall maintain a guest register in which is listed the name, address, and South Dakota general license number or nonresident shooting preserve license of each shooter, the date on which he hunted, and the amount of game and species taken. Likewise…

It is a Class 1 misdemeanor to own, operate, lease, or control a shooting preserve without the operating permit authorized by § 41-10-7 or in violation of statute, the conditions of the permit or the rules of the Game, Fish and Parks Commission. Source: SL 1963, ch 148 , § 12; SL…

The Game, Fish and Parks Commission may pursuant to chapter 1-26 revoke or suspend the permit of a permittee for any violation of this chapter or any of the rules of the commission committed by the permittee or any person involved in the operation of the permittee's preserve. Sou…

The department may issue and renew shooting preserve operating permits for privately owned and operated shooting preserves. Source: SL 1963, ch 148 , § 4; SL 1984, ch 273 , § 77; SL 2005, ch 226 , § 2.

An appeal may be taken to the circuit court pursuant to the procedure of chapter 1-26 within ten days after a decision of the Game, Fish and Parks Commission to suspend or revoke a shooting preserve operating permit. The circuit court may take additional evidence in any action wh…

This chapter may be cited as the Private Shooting Preserve Act. Source: SL 1963, ch 148 , § 1.

Any person owning, holding, or controlling, by lease or otherwise, any contiguous tract of land of not more than two thousand five hundred sixty acres, who desires to establish a shooting preserve under the regulations provided in this chapter, may make application to the departm…

The fee for a shooting preserve operating permit is one hundred dollars per shooting preserve season plus forty cents for each acre within the boundary of the described shooting preserve. Source: SL 1963, ch 148 , § 3; SL 1986, ch 356 , § 1; SL 1987, ch 308 , § 2.

Upon receipt of a written application for a new shooting preserve operating permit, the department shall notify the public of the application by publishing notice of the time and manner in which interested persons may present data, opinions, or arguments in writing to the departm…

Upon receipt of the application for a shooting preserve operating permit, the department shall inspect the area described in the application, the premises, and the facilities. The department also shall evaluate the ability of the applicant to operate an area of this character. So…

If the department is satisfied that all of the following criteria have been established by the applicant: (1) The applicant for a shooting preserve operating permit proposes to comply with all of the provisions of this chapter and the commission rules promulgated pursuant to this…

If an applicant is denied a shooting preserve operating permit by the department, the applicant may make a written request to the department for a contested case hearing before the commission pursuant to chapter 1-26 . The written request shall be mailed to the department by cert…

If an applicant is granted a new shooting preserve operating permit by the department, any interested person who has requested the status of an interested party and who has presented data, opinion, or arguments in writing to the department pursuant to the requirements in § 41-10-…

Each shooting preserve operating permit shall be issued upon the express condition that the permittee agrees that any law enforcement officer or any representative of the Department of Game, Fish and Parks may enter and inspect the premises on which preserve operations are conduc…

Game that may be hunted under this chapter includes mallard ducks, pheasants, quail, partridges, turkey, and such other species of game as the Game, Fish and Parks Commission may add in rules promulgated pursuant to chapter 1-26 . The commission may exclude mallard ducks from the…