CHAPTER 41:06:01

APPLICATION FOR LICENSE

Section

41:06:01:01        Applicability of chapter.

41:06:01:02        Form of application -- False representation prohibited -- License prerequisite.

41:06:01:03        Submission of application with fee.

41:06:01:03.01    Restriction on number of applications submitted jointly.

41:06:01:04        Repealed.

41:06:01:05        Repealed.

41:06:01:06        Lottery methods and procedure.

41:06:01:07        Landowner preference limited by acreage.

41:06:01:07.01    Landowner preference application requirements and restrictions.

41:06:01:07.02    Restrictions on landowner preference for legal entities.

41:06:01:07.03    Landowner own land license types.

41:06:01:08        Restriction on number of applications.

41:06:01:08.01    Restriction on applications for certain lottery deer drawings.

41:06:01:09        Application for unsold big game licenses -- Future eligibility.

41:06:01:10        Prior application preference.

41:06:01:11        Restricted sale of leftover licenses.

41:06:01:12        Mentored youth big game license -- Restrictions.

41:06:01:13        Designation of areas where free antlerless deer licenses can be used by farmers and ranchers.

41:06:01:14        Allocation of licenses to nonresident hunters.

41:06:01:15        Elk application requirements.

41:06:01:16        Purchase and accrual of preference points.

41:06:01:17        Access permits required for specific deer hunting units and public lands.

41:06:01:18        Authorization for terminally ill residents to hunt deer, antelope and turkeys.

41:06:01:19        Sage grouse hunting permits -- Procedure -- Requirements.

          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 more than two applications may be submitted jointly for elk. Only one application may be submitted per envelope for mountain goat or bighorn sheep.

          Source: 26 SDR 162, effective June 14, 2000.

          General Authority:SDCL 41-2-18(12)(13).

          Law Implemented:SDCL 41-2-18(12)(13).

          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Repealed.

          Source: SL 1975, ch 16, § 1; 2 SDR 10, effective August 7, 1975; 10 SDR 76, 10 SDR 102, effective July 1, 1984; repealed, 21 SDR 86, effective November 10, 1994.

          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Repealed.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.

    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 "any deer" license or one two-tag "any deer" and "any antlerless deer" license. For the antelope firearm hunting season, a qualifying landowner or owner-operator may purchase one "buck antelope" license. For the prairie elk hunting season units PRE-11D, PRE-11E, PRE-35A, PRE-35B, and PRE-WRA, as described in chapter 41:06:59, a qualifying landowner or lessee, as described in subdivision 41:06:01:15(4), may purchase one “antlerless elk” license.

    Source:47 SDR 137, effective June 29, 2021; 51 SDR 13, effective August 14, 2024.

    General Authority: SDCL 41-6-19.3, 41-6-19.4, 41-6-19.9.

    Law Implemented: SDCL 41-6-19.3, 41-6-19.4, 41-6-19.9.

          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. Persons who are unsuccessful in the first lottery may reapply under § 41:06:01:09.

          Source: 2 SDR 10, effective August 7, 1975; 4 SDR 88, effective June 27, 1978; 10 SDR 76, 10 SDR 102, effective July 1, 1984; 21 SDR 86, effective November 10, 1994; 29 SDR 160, effective June 3, 2003.

          General Authority:SDCL 41-2-18(12)(13), 41-6-21.

          Law Implemented:SDCL 41-2-18(12)(13), 41-6-21, 41-6-62.

    41:06:01:09.  Application for unsold big game licenses -- Future eligibility. In antelope and turkey season units, where resident and nonresident licenses are limited in number and licenses remain unsold after a second lottery drawing, a person may apply for one leftover license in that season. After the third lottery drawing, a person may apply for an unlimited number of leftover licenses on a first-come, first-served basis. Nonresidents are not eligible for East River spring turkey or East River fall turkey licenses except for licenses unsold after the second lottery drawing. The purchase of an antelope or turkey license under this section does not affect the eligibility of the applicant in future lottery drawings.

    A person who possesses two licenses for any of the Black Hills, East River, West River, refuge, Custer State Park, or muzzleloader deer hunting seasons may not apply for a license in the second combined lottery drawing for these seasons. A person who possesses one license may apply for one additional license for a season if the person does not possess a license for that season. A resident may submit one application for each season in the third lottery drawing if the resident does not possess a license for that season. In the fourth lottery drawing, a resident may submit no more than five applications.

    In the third and fourth lottery drawings, a nonresident who does not possess a license may submit two applications for a season and a nonresident who possesses one license may submit one application for a season if the nonresident does not possess a license for that season. After the fourth lottery drawing, a person may obtain an unlimited number of licenses from a pool of remaining resident and nonresident licenses.

    If licenses remain unsold after the initial lottery drawing for the Black Hills elk hunting season, the prairie elk hunting season, and the archery elk hunting season, a person who does not already have an elk license may apply for a license in a second or subsequent lottery drawing if the person submits the nonrefundable application fee and the applicable license fee with the application. The purchase and receipt of a first-choice elk license during the first lottery drawing counts as a successful application and affects eligibility in future first lottery drawings for the same season.

    The purchase and receipt of an elk license in the second lottery drawing by the use of preference points is a successful application and affects eligibility in future lottery drawings for these seasons. The purchase and receipt of an elk license in the second lottery drawing without the use of preference points, or the purchase and receipt of an elk license in subsequent drawings, does not affect eligibility or preference in future lottery drawings for these seasons.

    Source: 4 SDR 88, effective June 27, 1978; 6 SDR 94, effective March 26, 1980; 9 SDR 14, effective August 8, 1982; 9 SDR 171, effective July 13, 1983; 10 SDR 76, 10 SDR 102, effective July 1, 1984; 12 SDR 14, effective August 6, 1985; 14 SDR 14, effective August 6, 1987; 15 SDR 210, effective July 10, 1989; 17 SDR 34, effective September 6, 1990; 18 SDR 4, effective July 18, 1991; 22 SDR 188, effective July 10, 1996; 27 SDR 111, effective May 8, 2001; 28 SDR 166, effective June 4, 2002; 29 SDR 160, effective June 3, 2003; 30 SDR 21, effective August 25, 2003; 31 SDR 191, effective June 7, 2005; 33 SDR 1, effective July 18, 2006; 33 SDR 212, effective June 4, 2007; 35 SDR 47, effective September 8, 2008; 40 SDR 223, effective June 23, 2014; 42 SDR 146, effective May 5, 2016; 45 SDR 124, effective April 17, 2019; 50 SDR 62, effective November 27, 2023.

    General Authority: SDCL 41-2-18(1)(2)(12), 41-6-21.

    Law Implemented: SDCL 41-2-18(1)(2)(12), 41-6-21, 41-6-62.

    Cross-References:

    Hunting license fees, § 41:06:02:03.

    Combination licenses, SDCL 41-6-10.1.

    Resident big game license -- Privileges and fee -- Violation as misdemeanor, SDCL 41-6-19.

    Nonresident big game license -- Privileges and fee -- Violation as misdemeanor, SDCL 41-6-20.

    Definitions, § 41:06:00.01:02.

    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, the West River deer hunting season except for special buck licenses, the East River deer hunting season except for special buck licenses, the antelope hunting season except for special antelope licenses, the spring wild turkey hunting season, and the fall wild turkey hunting season. If an applicant is unsuccessful in drawing a license for a first-choice unit in the initial drawing for a specific season, the applicant shall receive a preference point for that season if the applicant chooses to purchase a preference point. The preference point fee must be waived for any person who is or was age 15 or younger in the same year when the preference point is acquired for any deer season described in § 41:06:01:08.01. Any applicant for the first combined drawing of these deer seasons who meets this same age requirement and has never drawn a first-choice license must receive an additional preference point upon submission of an application. For elk, bighorn sheep, mountain goat, and free access permits, the applicant must receive a preference point at no charge if the applicant applies for one of these seasons in the first draw and is unsuccessful. Preference points shall be applied to a subsequent initial drawing or may be used in a leftover license drawing application submitted by the applicant for the season in which the preference points were earned. No additional preference points may be issued if an applicant decides to use preference points in a drawing for leftover licenses and is unsuccessful in the draw. A person who obtains a leftover license using preference points may not acquire a preference point for that season.

    Source: 5 SDR 108, effective June 28, 1979; 6 SDR 94, effective March 26, 1980; 10 SDR 76, 10 SDR 102, effective July 1, 1984; 11 SDR 22, effective August 9, 1984; 14 SDR 14, effective August 6, 1987; 20 SDR 204, effective June 7, 1994; 21 SDR 86, effective November 10, 1994; 24 SDR 156, effective May 17, 1998; 26 SDR 162, effective June 14, 2000; 27 SDR 126, effective June 6, 2001; 28 SDR 166, effective June 4, 2002; 32 SDR 203, effective June 5, 2006; 39 SDR 10, effective August 1, 2012; 42 SDR 146, effective May 5, 2016; 45 SDR 9, effective July 30, 2018; 45 SDR 124, effective April 17, 2019; 48 SDR 14, effective August 22, 2021.

    General Authority: SDCL 41-2-18(12)(13).

    Law Implemented: SDCL 41-2-18(12)(13), 41-6-21, 41-6-62.

    41:06:01:12.  Mentored youth big game license -- Restrictions. A resident parent or guardian may purchase no more than one mentored "any antlerless deer" license or "antlerless whitetail deer" license, one fall "any turkey" license, and one spring "male turkey" license, for a designated mentored child, as provided in SDCL 41-6-81. The hunting of antelope by a mentored child is not currently permitted. No child participating in a mentored big game hunt may apply for a regular season license for that corresponding species and season.

    Source: 35 SDR 47, effective September 8, 2008; 45 SDR 9, effective July 30, 2018; 46 SDR 116, effective April 29, 2020; 47 SDR 137, effective June 29, 2021; 49 SDR 9, effective August 8, 2022; 51 SDR 13, effective August 14, 2024.

    General Authority: SDCL 41-2-18(1)(2)(12)(13), 41-6-81.

    Law Implemented: SDCL 41-2-18(1)(2)(12)(13), 41-6-81.

    41:06:01:13.  Designation of areas where free antlerless deer licenses can be used by farmers and ranchers. 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, apprentice hunter, youth, archery, and muzzleloading deer hunting units. Antlerless whitetail deer licenses will be available to qualifying applicants in hunting units that offer a deer license with multiple tags for antlerless deer in the lottery drawing for the East River and West River deer seasons. The requirements and equipment restrictions for each deer season apply to any free antlerless license issued.

    Source: 38 SDR 8, effective August 3, 2011; 43 SDR 9, effective August 1, 2016; 44 SDR 184, effective June 25, 2018; 47 SDR 137, effective June 29, 2021.

    General Authority: SDCL 41-2-18(1)(2)(17).

    Law Implemented: SDCL 41-2-18(1)(2)(17).

    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 (3) and (4), and except as provided in § 41:06:01:09, a person who received an elk hunting license for this season in the first lottery drawing or the second drawing by using preference points in any of the nine preceding years may not apply for a license under this chapter for the next nine years; and

    (3)  Fifty percent of the licenses are available to persons who operate or live as owner or tenant on agricultural, timber, or grazing lands pursuant to SDCL 41-6-21. To qualify as a landowner-operator applicant, the person must own or lease a minimum of two hundred forty acres of land within an elk unit that has had at least five hundred days of elk use since the last day of the previous application period. A day of elk use is any day an elk feeds or waters on private land. Any qualifying landowner or operator's grandparent, parent, spouse, child, child's spouse, or grandchild who lives on the ranch unit or in the closest community and has an active role in the ranch operation also qualifies. Only one qualifying applicant per ranch unit per year may apply for a landowner-operator preference elk license in the first draw. For purposes of this subdivision, a ranch unit means all private property owned or leased for agricultural, timber, or grazing purposes by written agreement by a qualifying landowner in the state. A ranch unit may not be subdivided for the purpose of qualifying for more than one landowner-operator preference; and

    (4)  A person is eligible for a landowner-on-own-land license, pursuant to SDCL 41-6-19.9, by owning or leasing a minimum of two hundred forty acres of land within an open prairie elk hunting season unit. Any qualifying landowner's grandparent, parent, spouse, child, child's spouse, or grandchild who lives on the ranch unit or in the closest community and has an active role in the ranch operation also qualifies. Only one qualifying applicant per ranch unit per year may purchase the license. A qualifying applicant for a ranch unit may not purchase the license if any qualifying member of the ranch unit holds an elk license obtained using landowner-operator preference, as provided in subdivision (3), in the prairie elk hunting season. For purposes of this subdivision, a ranch unit means all private property owned or leased for agricultural purposes by written agreement by an individual qualifying landowner in the state. A ranch unit may not be subdivided for the purpose of qualifying for more than one landowner-on-own-land elk license. The elk may be harvested only on land that is owned or leased by the qualifying landowner within the designated open prairie elk hunting season unit.

    Source: 39 SDR 10, effective August 1, 2012; 42 SDR 146, effective May 5, 2016; 46 SDR 116, effective April 29, 2020; 51 SDR 13, effective August 14, 2024.

    General Authority: SDCL 41-2-18(12)(13), 41-6-19.9, 41-6-21.

    Law Implemented: SDCL 41-2-18(12)(13), 41-6-19.9, 41-6-21.

    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 described in § 41:06:22:01.

    Source: 41 SDR 7, effective July 30, 2014; 42 SDR 14, effective August 10, 2015; 44 SDR 17, effective August 7, 2017; 44 SDR 184, effective June 25, 2018; 46 SDR 116, effective April 29, 2020; 47 SDR 137, effective June 29, 2021; 48 SDR 132, effective July 5, 2022; 49 SDR 89, effective May 1, 2023.

    General Authority: SDCL 41-2-18(4).

    Law Implemented: SDCL 41-2-18(4).