41-6-19.3. Resident landowner--Limited deer or antelope license--Promulgation of rules.

If a resident owns or leases, for agricultural purposes, the minimum acreage necessary to qualify for landowner preference, in accordance with rules promulgated by the Game, Fish and Parks Commission and if the resident has not, pursuant to § 41-6-19, received a big game license that permits the harvest of a buck during the west river deer season, east river deer season, Black Hills deer season, or firearm antelope season set by the commission in accordance with § 41-2-18, the resident may obtain a landowner-on-own-land license. The commission shall promulgate rules, in accordance with chapter 1-26, to establish the types of big game animals that are eligible to harvest with a landowner-on-own-land license. The license entitles the resident to hunt on land owned or leased by the resident within any unit, for the specified hunting season.

If a member of the resident's immediate family is qualified to obtain a license under this section and if the member has not, pursuant to § 41-6-19, received a big game license that permits the harvest of a buck during the west river deer season, east river deer season, Black Hills deer season, or firearm antelope season set by the commission in accordance with § 41-2-18, the member may obtain a landowner-on-own-land license. The license entitles the member to hunt on land owned or leased by the resident within any unit, for the specified hunting season.

Upon receipt of the application prescribed by the Department of Game, Fish and Parks, and payment of the applicable fee, the department shall issue a landowner-on-own-land license that restricts the holder to the taking of the big game animals, as designated on the license, from land owned or leased by the resident.

The commission shall promulgate rules, in accordance with chapter 1-26, to establish fees for licenses issued under this section.

For purposes of this section, an immediate family member means the resident's spouse or a child who resides with the resident.

Source: SL 1981, ch 297, § 1; SL 1988, ch 333; SL 1991, ch 339; SL 1995, ch 236; SL 1998, ch 256, § 1; SL 1999, ch 212, § 1; SL 2006, ch 216, § 1; SL 2018, ch 251, § 1; SL 2020, ch 183, § 1; SL 2021, ch 185, § 1.

41-6-19.4. Nonresident landowner--Limited deer or antelope license--Promulgation of rules.

If a nonresident owns, for agricultural purposes, at least six hundred forty contiguous acres west of the Missouri River, if the nonresident is an owner-operator of the land, and if the nonresident has not, pursuant to § 41-6-20, received a big game license that permits the harvest of a buck during the west river deer season or firearm antelope season set by the commission in accordance with § 41-2-18, the nonresident may obtain a landowner-on-own-land license. The commission shall promulgate rules, in accordance with chapter 1-26, to establish the types of big game animals that are eligible to harvest with a landowner-on-own-land license. The license entitles the nonresident to hunt on land owned by the nonresident within any unit, for the specified hunting season.

If a nonresident owns, for agricultural purposes, at least one hundred sixty contiguous acres east of the Missouri River, is an owner-operator of the land, and has not, pursuant to § 41-6-20, received a big game license that permits the harvest of a buck during the east river deer season or firearm antelope season set by the commission in accordance with § 41-2-18, the nonresident may obtain a landowner-on-own-land license. The license entitles the nonresident to hunt on land owned by the nonresident, within any unit, for the specified hunting season.

If a member of the nonresident's immediate family is qualified to obtain a license under this section and if the member has not, pursuant to § 41-6-20, received a big game license that permits the harvest of a buck during the west river deer season, east river deer season, or firearm antelope season set by the commission in accordance with § 41-2-18, the member may obtain a landowner-on-own-land license. The license entitles the member to hunt on land owned by the nonresident within any unit, as described in §§ 41-6-19.3 and 41-6-19.8, and this section, for the specified hunting season.

Upon receipt of the application prescribed by the Department of Game, Fish and Parks, and payment of the applicable fee, the department shall issue a landowner-on-own-land license that restricts the holder to the taking of the big game animals, as designated on the license, from land owned by the nonresident.

The nonresident landowner-on-own-land licenses for east river deer season may not exceed two hundred and fifty licenses annually and shall be allocated by lottery.

The commission shall promulgate rules, in accordance with chapter 1-26, to establish fees for licenses issued under this section.

For purposes of this section, an immediate family member means the nonresident's spouse or a child who resides with the nonresident.

Source: SL 1981, ch 297, § 2; SL 2006, ch 216, § 2; SL 2020, ch 183, § 2; SL 2021, ch 185, § 2.

41-6-19.5. Conditions applicable to limited deer permit and antlerless deer licenses--Eligibility for subsequent season.

All the conditions applicable to licenses issued pursuant to § 41-6-19 apply to the limited permit to hunt deer issued pursuant to § 41-6-19.3 and to the antlerless deer licenses issued pursuant to § 41-6-19.8. However, the receipt of a limited permit under § 41-6-19.3 or an antlerless deer license under § 41-6-19.8 for any one year as eligible does not preclude the receipt of a limited permit or antlerless deer license in any subsequent year or for any subsequent season set pursuant to § 41-2-18.

Source: SL 1981, ch 297, § 3; SL 2010, ch 209, § 2.

41-6-19.6. Nonrefundable application fee for resident bighorn sheep, mountain goat, or elk license--Drawing--Use of proceeds--Rules.

The Game, Fish and Parks Commission may establish a nonrefundable application fee not to exceed ten dollars for any resident making application for a bighorn sheep, mountain goat, or elk license. Successful applicants shall be selected by drawing. Proceeds from the application fees collected shall be used for big game research and management. The commission may promulgate rules, pursuant to chapter 1-26, for the purpose of establishing a season and guidelines therefor and to establish the fee provisions.

Source: SL 1987, ch 303; SL 2014, ch 199, § 1.

41-6-19.7. License issued to national guard member called to active duty.

Any member of the national guard or other reserve component of the armed forces of the United States who was issued an elk, bighorn sheep, or mountain goat license pursuant to § 41-6-19.6, but was ordered into active federal service in the armed forces of the United States before the license could be used, may be issued a replacement license as provided in this section. After the member has been released from active federal service, the member may request and shall be issued the applicable replacement bighorn sheep, mountain goat, or elk license under the same or substantially similar terms and conditions as those under which the original license was issued. The replacement license shall be issued for the hunting season immediately following the member's release from active federal service. However, if the release occurs during the hunting season, the member may choose either to obtain the replacement license for the remainder of the current season or to obtain the replacement license for use during the next succeeding full season. The replacement license expires at the end of the season during which it is used.

Source: SL 2006, ch 217, § 1.

41-6-19.8. Antlerless deer licenses--Restrictions--Residents and nonresidents.

In addition to any deer license authorized in accordance with § 41-6-19.3 or any other law, in areas designated by the commission, a resident who owns and operates or leases and operates, for agricultural purposes, at least one hundred sixty acres of land may apply for and receive two antlerless deer licenses, free of charge, for use as provided in this section, during the west river deer season, the east river deer season, or any other deer season set by the commission pursuant to § 41-2-18.

In addition to any deer license authorized in accordance with § 41-6-19.4 or any other law, in areas designated by the commission, a nonresident who owns and operates, for agricultural purposes, at least six hundred forty contiguous acres of land west of the Missouri River or one hundred sixty contiguous acres east of the Missouri River, may apply for and receive two antlerless deer licenses, free of charge, for use as provided in this section, during the west river deer season, the east river deer season, or any other deer season set by the commission pursuant to § 41-2-18.

The six-dollar surcharge established pursuant to § 41-2-34.2 does not apply to the licenses provided for in this section.

The licenses may only be used in areas designated by the department on lands owned by the nonresident, within any unit, for the specified hunting season.

No more than two such licenses may be issued for use on any single farm or ranch.

Upon receipt of an application that is prescribed by the department and that meets the requirements of this section, the department shall issue two antlerless deer licenses that restrict the holder to the taking of the big game animals, as designated on the license.

Resident license holders may take big game only from land owned or leased by the holder.

Nonresident license holders may take big game only from land owned by the holder.

Source: SL 2010, ch 209, § 1; SL 2020, ch 183, § 3; SL 2021, ch 185, § 3.

41-6-19.9. Landowner-on-own-land license--Antlerless elk--Promulgation of rules.

The Game, Fish and Parks Commission shall, by rules promulgated pursuant to chapter 1-26:

(1)    Establish the number of resident landowner-on-own-land licenses available for the taking of antlerless elk;

(2)    Establish eligibility criteria for the license; and

(3)    Establish the fee for the license.

Upon receipt of an application, as prescribed by the Department of Game, Fish and Parks, and payment of the requisite license fee, the department shall issue a landowner-on-own-land license that authorizes the holder to take one antlerless elk, from land owned or leased by the holder, for agricultural purposes, within a designated unit, during the prairie elk hunting season.

Source: SL 2024, ch 172, § 1.