41-10-1
Definition of terms.
41-10-2
Issuance and renewal of operating permits.
41-10-3
Application for permit--Maximum area of preserve.
41-10-4
Fee for permit.
41-10-4.5
Notice of application--Submission of opinion--Status as interested party--Notice of
decision.
41-10-5
Repealed.
41-10-6
Inspection of shooting preserve area--Evaluation of applicant's ability.
41-10-7
Issuance of permit--Criteria established--Effective date of certain provisions.
41-10-7.1
Contested case hearing upon denial of shooting preserve operating permit--Request.
41-10-7.2
Contested case hearing upon grant of new shooting preserve operating permit--Request.
41-10-8
Consent to entry and search of premises by officer--Noncompliance as misdemeanor.
41-10-9
Species of game hunted under chapter.
41-10-10
Marking of game released--Unmarked game deemed wild.
41-10-11
Season for shooting preserves.
41-10-12
Resident basic game and fish license or nonresident general hunting license required
on preserve--Habitat restoration stamp--Violation as misdemeanor.
41-10-13
Game taken on preserve by licensed hunter.
41-10-14
Shooting hours, fees, and limitations on game species.
41-10-15
Repealed.
41-10-16
Tagging of pen raised or wild game taken by licensed hunter on shooting preserve.
41-10-17
Guest register and records required of permittee--Inspection by department--Violation as misdemeanor.
41-10-18
Owning, operating, leasing, or controlling shooting preserve without license--Misdemeanor.
41-10-19
Revocation or suspension of permit.
41-10-20
Appeal to circuit court from suspension or revocation of permit.
41-10-21
Citation of chapter.
41-10-1. Definition of terms.
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;
(3) "Person," includes individuals, partnerships, associations, corporations, and limited liability companies;
(4) "Shooting preserve," any acreage either privately owned or leased on which hatchery raised game is released for the purpose of hunting, for a fee, over an extended season.
Source: SL 1963, ch 148, § 2; SL 2005, ch 226, § 1, eff. Mar. 9, 2005; SL 2011, ch 195, § 1.
41-10-2. Issuance and renewal of operating permits.
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.
41-10-3. Application for permit--Maximum area of preserve.
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 department for a shooting preserve operating permit. The application shall be made by the applicant or the applicant's agent or attorney, and shall be accompanied by a fee which is determined as provided by § 41-10-4.
Source: SL 1963, ch 148, § 3; SL 2005, ch 226, § 3.
41-10-4. Fee for permit.
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.
41-10-4.5. Notice of application--Submission of opinion--Status as interested party--Notice of decision.
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 department on the application and the manner in which interested persons may request status as an interested party and request receipt of written notice of the decision of the department. The department shall publish the notice once at least twenty days prior to the time designated by the department in the published notice in at least three newspapers of general circulation in areas of the state likely to be affected by the proposed permit. No more than ten days after the time designated by the department in the published notice, the department shall provide and mail by certified mail, return receipt requested, written notice of its decision made in accordance with the requirements of § 41-10-7 to the applicant and to any person who submitted within the prescribed time and manner data, opinions, or arguments in writing to the department in opposition to issuance of the new operating permit and who requested the status as an interested party in accordance with this section and the published notice. The date that written notice of the decision is mailed to the applicant and to an interested person who requested the status of an interested party constitutes the respective date notice of application denial or approval has been provided as referenced in §§ 41-10-7.1 and 41-10-7.2.
Source: SL 1995, ch 237; SL 2005, ch 226, § 4.
41-10-6. Inspection of shooting preserve area--Evaluation of applicant's ability.
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.
Source: SL 1963, ch 148, § 5; SL 2005, ch 226, § 5.
41-10-7. Issuance of permit--Criteria established--Effective date of certain provisions.
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 chapter;
(2) The applicant is financially able to provide the necessary facilities and services to operate a shooting preserve;
(3) The preserve shall be open to the general public without restrictions as to race, color, or creed;
(4) The operation will not work a fraud upon persons who are permitted to hunt thereon;
(5) The operation is not designed to circumvent game laws and regulations;
(6) The issuance of the permit will be in the public interest;
(7) The applicant is a resident of the state or, if a business entity, is organized or operating under the laws of the State of South Dakota pursuant to a certificate issued by the Office of the Secretary of State;
(8) The applicant does not operate or own any interest in more than one shooting preserve comprised of a contiguous tract of land of more than one thousand two hundred eighty acres nor more than two shooting preserves each of which are comprised of a contiguous tract of land of one thousand two hundred eighty acres or less; and
(9) The preserve for which an operating permit is requested is at least one mile from any game production area or other publicly owned shooting area, or if located within one mile of such areas, the preserve would not take unfair advantage of wildlife habitat developments or wildlife population existing on those areas, or would not otherwise be detrimental to the public interest;
the department shall approve the application and issue a shooting preserve operating permit for the operation of a shooting preserve on the property described in the application with the rights and subject to the limitations prescribed in this chapter and the commission rules promulgated pursuant to this chapter. However, the provisions of subdivisions (7) and (9) of this section do not apply to any shooting preserve licensed pursuant to this chapter, prior to July 1, 1986.
Source: SL 1963, ch 148, § 5; SL 1986, ch 356, § 2; SL 1989, ch 357, § 1; SL 1991, ch 342; SL 1996, ch 253; SL 2005, ch 226, § 6, eff. Mar. 9, 2005; SL 2011, ch 195, § 2.
41-10-7.1. Contested case hearing upon denial of shooting preserve operating permit--Request.
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 certified mail, return receipt requested, on or before ten days have elapsed from the date that the notice of application denial has been provided and mailed to the applicant by certified mail, return receipt requested.
Source: SL 2005, ch 226, § 9.
41-10-7.2. Contested case hearing upon grant of new shooting preserve operating permit--Request.
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 § 41-10-4.5 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 and the applicant by certified mail, return receipt requested, on or before ten days have elapsed from the date that the notice of application approval has been provided to the interested party.
Source: SL 2005, ch 226, § 10.
41-10-8. Consent to entry and search of premises by officer--Noncompliance as misdemeanor.
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 conducted, and any part thereof, during normal hours of preserve operation without a search warrant to ensure compliance with the laws of this state and rules and regulations of the commission. Failure to comply with this section is a Class 1 misdemeanor.
Source: SL 1963, ch 148, § 9; SL 1991, ch 337, § 67; SL 2011, ch 195, § 3.
41-10-9. Species of game hunted under chapter.
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 list of permitted species for any period of time and without advance notice if necessary to protect the species.
Source: SL 1963, ch 148, § 6; SL 2009, ch 206, § 58.
41-10-10. Marking of game released--Unmarked game deemed wild.
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.
41-10-11. Season for shooting preserves.
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.
41-10-12. Resident basic game and fish license or nonresident general hunting license required on preserve--Habitat restoration stamp--Violation as misdemeanor.
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 game license.
A violation of this section is a Class 1 misdemeanor.
Source: SL 1963, ch 148, § 7; SL 1985, ch 328; SL 1986, ch 356, § 3; SL 1987, ch 308, § 1; SL 1989, ch 30, § 73; SL 1990, ch 332, § 2; SL 1991, ch 337, § 68; SL 1991, ch 343; SL 1998, ch 252, § 21.
41-10-13. Game taken on preserve by licensed hunter.
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 released.
Source: SL 1963, ch 148, § 8; SL 1986, ch 356, § 4; SL 2011, ch 195, § 4.
41-10-14. Shooting hours, fees, and limitations on game species.
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 permittee may establish the fees to be charged to the permittee's guests.
Source: SL 1963, ch 148, § 9; SL 2005, ch 226, § 7, eff. Mar. 9, 2005; SL 2011, ch 195, § 5.
41-10-16. Tagging of pen raised or wild game taken by licensed hunter on shooting preserve.
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 relating to issuance of tags and remittance of tag fees, shall be administered by the department pursuant to commission rules adopted pursuant to § 41-2-18. The cost of each tag to the shooting preserve permittee shall be established by the commission in rules promulgated pursuant to chapter 1-26.
Source: SL 1963, ch 148, § 10; SL 1984, ch 273, § 78; SL 1987, ch 308, § 4; SL 2005, ch 226, § 8, eff. Mar. 9, 2005; SL 2011, ch 195, § 6.
41-10-17. Guest register and records required of permittee--Inspection by department--Violation as misdemeanor.
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, a record shall be maintained to show the source of the game released and of the date and the number of each game species released. These records shall be open to inspection by the Department of Game, Fish and Parks during normal hours of preserve operation. A violation of this section is a Class 1 misdemeanor.
Source: SL 1963, ch 148, § 11; SL 1991, ch 24, § 15; SL 1991, ch 337, § 69; SL 1992, ch 300; SL 2011, ch 195, § 7.
41-10-18. Owning, operating, leasing, or controlling shooting preserve without license--Misdemeanor.
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 1977, ch 190, § 574; SL 1991, ch 337, § 70.
41-10-19. Revocation or suspension of permit.
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.
Source: SL 1963, ch 148, § 13; SL 1984, ch 273, § 79; SL 2011, ch 195, § 8.
41-10-20. Appeal to circuit court from suspension or revocation of permit.
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 which is appealed from the administrative determination.
Source: SL 1963, ch 148, § 14.
41-10-21. Citation of chapter.
This chapter may be cited as the Private Shooting Preserve Act.
Source: SL 1963, ch 148, § 1.
