CHAPTER 41:09:01

 

PRIVATE SHOOTING PRESERVES

 

          Cross-Reference: Nondomestic birds, § 12:68:18:05.

 

 

Section

41:09:01:01        Operation plan to be submitted with application.

41:09:01:02        Release of male birds required -- Harvest limited.

41:09:01:02.01   Notification required prior to release of birds.

41:09:01:03        Birds that may be released -- Minimum release age -- Marking of birds.

41:09:01:03.01   Daily bag limit -- Shooting hours.

41:09:01:04        Tagging of bagged birds.

41:09:01:04.01   Private shooting preserve transportation permit -- Exception.

41:09:01:04.02   Repealed.

41:09:01:05        Fee for kill tags -- Deadline.

41:09:01:05.01   Game release and guest register records required -- Deadlines.

41:09:01:06        Applications -- New and renewal -- Single season and three-year season permits authorized -- Fees.

41:09:01:06.01   Notice of public hearing

41:09:01:06.02   Issuance of permit for shooting preserve located within one mile of publicly owned shooting area.

41:09:01:07        Minimum area of preserve.

41:09:01:08        Definition of "other publicly owned shooting areas."

41:09:01:09        New and existing shooting preserves distinguished.

41:09:01:10        Adjustment to preserve acreage.

41:09:01:11        Training required.

41:09:01:12        Contiguous tract of land defined.

 

 

          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 private shooting preserve for approval of the department.

 

          Source: SL 1975, ch 16, § 1; 10 SDR 76, 10 SDR 102, effective July 1, 1984; SL 2005, ch 226, § 11, effective March 9, 2005; 47 SDR 27, effective September 15, 2020.

          General Authority: SDCL 41-2-18(13)(16), 41-10-3.

          Law Implemented: SDCL 41-2-18(13)(16), 41-10-2, 41-10-3.

 

          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 is reduced to 300 male pheasants on each of the permittee's shooting preserves if the permittee has not received a shooting preserve operating permit any time prior to the current permit or no portion of land contained within the current permit has been a part of a previously permitted shooting preserve.

 

          Only male birds released from August 1 through March 31 may be counted toward the required minimum and included on the game release records. A shooting preserve may release hens. No released hens may be shot. Pheasants released must be Chinese ring-necked pheasants. "Jumbo" Chinese ring-necked pheasants may not be released. Turkeys released must be wild turkeys, as defined in § 41:06:00.01:02. Prior to any harvest, birds of that species must be released on the preserve. At no time following the required releases may a permittee allow the number of wild and released birds harvested to exceed 100 percent of the number of birds that have been released. All birds must be healthy when released.

 

          Source: SL 1975, ch 16, § 1; 3 SDR 13, effective August 25, 1976; 5 SDR 46, effective December 11, 1978; 10 SDR 76, 10 SDR 102, effective July 1, 1984; 12 SDR 170, effective April 28, 1986; 13 SDR 26, effective September 10, 1986; 14 SDR 114, effective March 9, 1988; 16 SDR 148, effective March 21, 1990; 23 SDR 20, effective August 13, 1996; 25 SDR 193, adopted July 19, 1998, effective July 1, 1999; 28 SDR 24, effective August 28, 2001; 31 SDR 191, adopted May 18, 2005, effective April 1, 2006; 47 SDR 27, effective September 15, 2020.

          General Authority: SDCL 41-2-18(2)(16).

          Law Implemented: SDCL 41-2-18(2)(16), 41-10-2, 41-10-14.

 

          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, and the number of each bird species to be released.

 

          Prior to the initial release of any of the permittee's permitted bird species, the permittee shall do one of the following:

 

          (1)  Make personal contact with a conservation officer at least 48 hours prior to any planned release;

          (2)  Leave a phone message for a conservation officer at least 48 hours prior to any planned release;

          (3)  Send correspondence to a conservation officer postmarked four days prior to any planned release;

          (4)  Send a message to a conservation officer's state email address at least 48 hours prior to any planned release; or

          (5)  Reach a verbal or written agreement with a local conservation officer concerning notification of any release.

 

          If the permittee has made contact pursuant to this section and no response is received from a local conservation officer, the permittee may proceed with the planned release without further notification.

 

          With regard to any subsequent release of each species, notification must be made pursuant to an agreement between the permittee and a local conservation officer.

 

          Source: 29 SDR 21, effective August 26, 2002; 38 SDR 8, effective August 3, 2011; 47 SDR 27, effective September 15, 2020.

          General Authority: SDCL 41-2-18(2)(16).

          Law Implemented: SDCL 41-2-18(2)(16), 41-10-2, 41-10-10.

 

          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 partridge and quail, any game bird or wild turkey propagated, possessed, or released on the premises described in the preserve permit must have one front toe or one hind toe on either foot removed back to the first joint including the nail before becoming six weeks of age. An anti-pecking device affixed to the bird before it is six weeks of age and worn by the bird until it is at least 15 weeks of age is acceptable, in lieu of toe clipping, if the anti-pecking device leaves a permanent, easily identifiable mark through the nares.

 

          Source: SL 1975, ch 16, § 1; 3 SDR 87, effective June 26, 1977; 10 SDR 76, 10 SDR 102, effective July 1, 1984; 12 SDR 170, effective April 28, 1986; 13 SDR 128, effective March 22, 1987; 16 SDR 148, effective March 21, 1990; 22 SDR 16, effective August 15, 1995; 23 SDR 20, effective August 13, 1996; 29 SDR 21, effective August 26, 2002; 30 SDR 99, effective December 22, 2003; 40 SDR 121, effective January 6, 2014; 47 SDR 27, effective September 15, 2020.

          General Authority: SDCL 41-2-18(2)(16).

          Law Implemented: SDCL 41-2-18(2)(16), 41-10-2, 41-10-10.

 

          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 season, as described in § 41:06:08:01. From the end of the statewide pheasant season through the end of the private shooting preserve season, the daily bag limit is 15 male pheasants. Daily bag limits for male pheasants established in this section do not apply from September 1 through the end of the statewide pheasant season on a licensed shooting preserve if a resident possesses a combination license or a nonresident possesses a nonresident small game license. A person hunting in a group may only be exempt from daily bag limits if all persons in the group are exempt from daily bag limits. The daily bag limit for wild turkeys is 2 birds.

 

          The shooting hours are restricted to sunrise to sunset each day.

 

          Source: 13 SDR 26, effective September 10, 1986; 23 SDR 20, effective August 13, 1996; 25 SDR 193, adopted July 19, 1998, effective July 1, 1999; 31 SDR 191, adopted May 18, 2005, effective April 1, 2006; 36 SDR 39, effective September 23, 2009; 47 SDR 27, effective September 15, 2020; 47 SDR 38, effective October 6, 2020.

          General Authority: SDCL 41-2-18(2)(16), 41-10-16.

          Law Implemented: SDCL 41-2-18(2)(16), 41-10-2, 41-10-11, 41-10-16.

 

          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 and wild birds harvested on a preserve shall be tagged by the shooting preserve permittee, or the permittee's employees or agents, upon any of the following circumstances:

 

          (1)  Prior to leaving the preserve acreage;

          (2)  At the time the birds are cleaned or processed;

          (3)  Prior to the birds being placed in a cooling or freezing facility; or

          (4)  Prior to midnight of the day that the birds were harvested.

 

          The head, leg, or sufficient plumage must remain attached to the bird to identify the sex and species of the bird. The kill tag must remain attached to the bird while the bird is possessed, placed in public storage, transported, or shipped by anyone. However, the head, leg, and sufficient plumage may be detached from the bird and discarded if the bird is processed at a wildlife processing facility, if the bird is immediately packaged by a transparent vacuum-sealed or shrink-wrap packaging process, and if the kill tag is encased in the same package and clearly legible. The package shall contain only those individual bird parts associated with the original kill tag. No more than two birds may be enclosed in the same package. Except as provided in this section, the provisions of chapter 41:06:03 apply to the possession, processing, and transportation of game birds harvested on a preserve.

 

          Source: SL 1975, ch 16, § 1; 10 SDR 76, 10 SDR 102, effective July 1, 1984; 12 SDR 170, effective April 28, 1986; 13 SDR 26, effective September 10, 1986; 16 SDR 148, effective March 21, 1990; 23 SDR 20, effective August 13, 1996; 32 SDR 55, effective October 17, 2005; 37 SDR 18, effective August 16, 2010; 38 SDR 8, effective August 3, 2011; 43 SDR 31, effective September 14, 2016.

          General Authority: SDCL 41-2-18(2)(10)(16).

          Law Implemented: SDCL 41-2-18(2)(16), 41-10-2, 41-10-16.

 

          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 department. The permit allows the transportation of birds legally harvested on the shooting preserve to another location for processing. The kill tags must be attached to the birds. The permit must include the preserve name; the hunter's name; the hunter's driver's license number, state issued identification number, or youth hunter safety number; the species and number of birds transported; and the date of processing.

 

          In lieu of the transportation permit, a permittee or employee may transport permitted species harvested on a shooting preserve to another location for processing, if the carrier of the birds has a duplicate copy of the guest register required by SDCL 41-10-17. The permittee may use computer formats that list hunter and harvest information for the birds being transported for processing with prior department approval.

 

          The carrier of the permit or guest register must be an employee of the preserve and must possess the processing permit or a copy of the guest register while in possession of the birds enroute to or from the processor.

 

          Source: 22 SDR 16, effective August 15, 1995; 33 SDR 43, effective September 18, 2006; 38 SDR 8, effective August 3, 2011; 47 SDR 27, effective September 15, 2020.

          General Authority: SDCL 41-2-18(2)(16).

          Law Implemented: SDCL 41-2-18(2)(16).

 

          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 the end of the shooting preserve season is two dollars each. The permittee shall make payment in full for all kill tags to the department no later than April 15.

 

          Source: SL 1975, ch 16, § 1; repealed, 9 SDR 14, effective August 8, 1982; reenacted, 10 SDR 120, effective July 1, 1984; 16 SDR 148, effective March 21, 1990; 34 SDR 49, effective August 22, 2007; 36 SDR 39, effective September 23, 2009; 47 SDR 27, effective September 15, 2020.

          General Authority: SDCL 41-2-18(13)(16).

          Law Implemented: SDCL 41-2-18(13)(16), 41-10-16.

 

          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 guest register records for each permitted shooting preserve. The permittee must maintain and record daily all records on forms provided by the department or in computer formats that have received prior approval from the department. The preserve permittee shall deliver all records required by SDCL 41-10-17 and this section to the department no later than April 15. The guest register records must indicate whether each bird harvested is marked or wild and whether each wild turkey is male or female. Each permittee shall list the number of birds released within the preserve on the game release record sheet and indicate the sex of each wild turkey released. The permittee shall include a copy of each vendor purchase receipt with the game release records sent to the department. Any permittee incubating and hatching eggs shall have this process verified annually by a conservation officer.

 

          Source: 13 SDR 26, effective September 10, 1986; 23 SDR 20, effective August 13, 1996; 34 SDR 49, effective August 22, 2007; 47 SDR 27, effective September 15, 2020.

          General Authority: SDCL 41-2-18(16).

          Law Implemented: SDCL 41-2-18(16), 41-10-2, 41-10-3, 41-10-7, 41-10-17.

 

          41:09:01:06.  Applications - New and renewal -- Single season and three-year season permits authorized -- Fees. Applications for new shooting preserves and renewal applications for existing shooting preserves must be received by the department no earlier than January 1 and no later than March 1 of the year the shooting preserve operation is to begin. A person may apply for a shooting preserve permit for a single season or for three successive seasons upon submitting the operation plan required by § 41:09:01:01 and paying in full at the time of application all permit fees required by SDCL 41-10-4. Issuance of a three-season permit to any shooting preserve located within one mile of a publicly owned shooting area shall be conditioned upon an annual finding by the department that the preserve does not take unfair advantage of wildlife habitat developments or wildlife populations existing on the publicly owned shooting area in accordance with the provisions of § 41:09:01:06.02.

 

          A permittee who is issued a three-season permit may apply for an adjustment in preserve acreage no earlier than January 1 and no later than March 1 during the second or third year of operation in which a three-season permit is in effect. The application must be treated as a new shooting preserve as required by § 41:09:01:09. No refund of previously remitted preserve acreage fees is allowed for a preserve acreage adjustment that lowers the number of acres in a three-season preserve permit. Previously remitted fees must be applied toward any required permit fees that are submitted by a permittee who is issued a three-year permit and subsequently applies for an adjustment in preserve acreage within the term of the permit, provided the new application is approved.

 

          Source: 12 SDR 170, effective April 28, 1986; 13 SDR 26, effective September 10, 1986; 14 SDR 114, effective March 9, 1988; 16 SDR 148, effective March 21, 1990; 22 SDR 16, effective August 15, 1995; requirements for records transferred to § 41:09:01:05.01, 23 SDR 20, effective August 13, 1996; 30 SDR 21, effective August 25, 2003; SL 2005, ch 226, § 12, effective March 9, 2005; 36 SDR 39, effective September 23, 2009; 38 SDR 8, effective August 3, 2011; 47 SDR 27, effective September 15, 2020.

          General Authority: SDCL 41-2-18(2)(16).

          Law Implemented: SDCL 41-2-18(2)(16), 41-10-2, 41-10-3, 41-10-17.

 

          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 permit for a shooting preserve located within one mile of a publicly owned shooting area, the department shall consider the following criteria in determining if the applicant has established that the preserve would not take unfair advantage of wildlife habitat developments or wildlife populations existing on the publicly owned shooting area:

 

          (1)  Existing or potential wild pheasant population on the publicly owned shooting area;

 

          (2)  Potential for disease transmission from an adjoining preserve to wild pheasants on the publicly owned shooting area;

 

          (3)  Extent of habitat developments that are on the publicly owned shooting area and specifically designed to enhance the wild pheasant population;

 

          (4)  Information related to the management of other wildlife species or recreational opportunities on the publicly owned shooting area, which may be negatively affected by an adjoining shooting preserve; and

 

          (5)  Any information that may indicate detriment to the public interest.

 

          The department shall consider the factors listed in SDCL 41-10-7 and this section in making a decision on the application.

 

          Source: 18 SDR 41, effective September 5, 1991; 32 SDR 55, effective October 17, 2005; 47 SDR 27, effective September 15, 2020.

          General Authority: SDCL 41-2-18(2)(16).

          Law Implemented: SDCL 41-2-18(2)(16), 41-10-2, 41-10-7(9).

 

          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 Implemented: SDCL 41-2-18(16), 41-10-2, 41-10-3, 41-10-17.

 

          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 habitat caused by hail, flooding, drought, or fire and replace it with other land that may be, but is not required to be contiguous to the preserve. An adjustment of preserve acreage is effective only for the year in which it is approved by the department and may not be considered as acreage included in an existing shooting preserve for purposes of a renewal application.

 

          Source: 23 SDR 20, effective August 13, 1996; 34 SDR 49, effective August 22, 2007; 47 SDR 27, effective September 15, 2020.

          General Authority: SDCL 41-2-18(2)(16).

          Law Implemented: SDCL 41-2-18(16), 41-10-7.

 

          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 20, effective August 13, 1996; 38 SDR 8, effective August 3, 2011; 47 SDR 27, effective September 15, 2020.

          General Authority: SDCL 41-2-18(2)(16).

          Law Implemented: SDCL 41-2-18(2)(16).