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.

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

The permittee must release a minimum of 600 male pheasants on each of the permittee's shooting preserves. However, the required minimum release 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 to March 31, inclusive, may be counted toward the required minimum and included on the game release records. A shooting preserve may release hens; however, no such hens released 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 by subdivision 41:06:00.01:02(15). 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 which have been released. All birds must be healthy when released.

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

A preserve operator shall make personal contact with the 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 operator's permitted bird species, the operator shall do one of the following:

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

(2) Leave a phone message on the conservation officer's answering machine at least 48 hours prior to any planned release;

(3) Send written correspondence to the conservation officer postmarked 4 days prior to any planned release;

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

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

If the operator has made contact pursuant to this section and no response is received from the local conservation officer, the operator may proceed with the planned release without further notification.  With regard to any subsequent release of each species, notification shall be made pursuant to an agreement between the operator and the local conservation officer.

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 chukar partridge, any game bird or 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 old and worn by the bird until it is at least 15 weeks old is acceptable in lieu of toe clipping if the anti-pecking device leaves a permanent, easily identifiable mark through the nares.

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

The maximum daily bag limit for pheasants on shooting preserves is 15 cocks. The maximum daily bag limit for wild turkeys is 2 birds.

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

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

Serially numbered tags, supplied by the department, shall be securely attached around the leg or neck of all harvested bird species that are listed on the preserve operator’s permit.  All pen-reared and wild birds harvested on a preserve shall be tagged by the shooting preserve operator, or the operator’s employees or agents, upon any of the following occurrences:

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 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.

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

A licensed private shooting preserve operator may obtain a transportation permit for processing purposes from the Department of Game, Fish and Parks office in Pierre. 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 drivers license number, state issued ID number, or youth hunter safety number, the species and number of birds transported, and the date processing.

In lieu of the processing permit an operator or employee may transport permitted species harvested on a shooting preserve to another location for processing, provided the carrier of the birds has a duplicate copy of the guest register required by SDCL 41-10-17. In addition, the operator 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 processing plant.

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

The fee for kill tags attached to birds by the permittee is five 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 Pierre office no later than April 15.

41:09:01:05.01.  Game release and guest 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 shall maintain and record daily all records on forms provided by the department or in computer formats that have received prior approval of the department. The preserve permittee shall deliver all records required by SDCL 41-10-17 and this rule to the Pierre office no later than April 15. The guest register records must indicate whether each bird harvested is marked or unmarked (wild) and whether each 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 turkey released. The permittee shall include a copy of each vendor purchase receipt with the game release records sent to the Pierre office. Any permittee incubating and hatching eggs shall have this process verified annually by a conservation officer.

41:09:01:06. Applications - New and renewal -- Appeal process for renewal applications.

Applications for new shooting preserves and renewal applications for existing shooting preserves must be received in the Pierre office of the department no earlier than January 1 and no later than March 1 of the year the shooting preserve operation is to begin.

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 on the publicly owned shooting area specifically designed to enhance a population of wild pheasants;

(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 which may indicate detriment to the public interest.

The division of wildlife shall investigate the application and prior to the department’s decision on the application the division of wildlife shall submit a report to the director of the division of wildlife which addresses the factors listed in SDCL 41-10-7 and this section and shall include the division's recommendation for action on the application.  The department shall consider the factors listed in SDCL 41-10-7, this section, and the report and recommendation of the division of wildlife in making its decision on the application.

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

Except for licensed shooting preserves operating prior to January 1, 1988, the minimum area required for a shooting preserve is 160 acres.

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

Areas covered by the term "other publicly owned shooting areas" in SDCL 41-10-7(10) include all lands owned or controlled by the U.S. Fish and Wildlife service; holdings of the U.S. Bureau of Land Management, U.S. Forest Service, U.S. Bureau of Reclamation, and U.S. Corps of Engineers which are designated as wildlife areas or managed primarily for wildlife; lands leased by the department for the purpose of managing wildlife; and meandered lakes.

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

A new shooting preserve as used in SDCL 41-10-4.5 and this chapter, is a shooting preserve which did not have a permit for the preceding year or a previously permitted shooting preserve which requests approval in the renewal application of changes to the preserve in the form of new, additional, or different tracts, acres, or parcels of land.  An existing shooting preserve, as used in this chapter, is a shooting preserve which had a permit for the preceding year and for which no changes to tracts, acres, or parcels of land are requested in the renewal application.

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

A permittee may apply to the director of the Division of Wildlife for an adjustment of preserve acreage. The director may adjust the acreage to remove from the preserve land which had substantial and detrimental changes in habitat caused by hail, flooding, drought, or fire and replace it with other land which 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 director and may not be considered as acreage included in an “existing shooting preserve” for purposes of a renewal application.

41:09:01:11. Training required.

All preserve permittees are required to attend the training and informational meeting prior to the preserve season. The meeting shall include training in statutes, rules, and policies of the department relating to the release, hunting, and taking of animals and birds on private shooting preserves. The department shall mail notice of the time and place of scheduled meetings to the permittees.

41:09:01:12.  Definition of “contiguous” tract of land.

A “tract of land” contained within an application for a private shooting preserve shall not constitute a “contiguous” tract of land as used in SDCL 41-10-3 and 41-10-7(8) if the department determines that the “tract of land” is being included within the private shooting preserve to connect other parcels and tracts of land described within the application and the “tract of land” is less than 330 feet in width at any point and is more than 1,320 feet in length.

HUNTING LICENSE REQUIREMENTS FOR 2007-08 (include one of the following)

NONRESIDENTS

Nonresident Shooting Preserve licenses:

·         One Day Preserve License - $35.00

·         Five Day Preserve License (five consecutive days) - $65.00

·         Annual Preserve License - $85.00

Any of the above three licenses are valid on shooting preserve acres for those bird species listed on the operators' permit, or

Nonresident Small Game License - $110.00 or a $25.00 Nonresident Youth Small Game (ages 12-15). Either of these two nonresident licenses or the Annual Preserve License purchased for the year 2007 will be valid on preserve acres through 1/31/07 and a 2008 license can be purchased on 12/15/07 and is valid through 1/31/08.  The Nonresident Small Game licenses will be valid off the preserve for the two periods of five consecutive days selected by the hunter.

RESIDENTS

One of the following licenses would qualify a resident to hunt small game on shooting preserves for the calendar year: 1) Resident Small Game License ($29.00), 2) Resident Combination License – small game and fishing ($49.00), 3) Resident 1-Day Small Game License ($10.00), 4) Resident Youth Small Game Licenses - ages of 12 through 15 years ($5.00), or 5) Resident Junior Combination License for fishing, small game, and trapping - ages 16 through 18 years ($25.00).  A license purchased for the year 2007 will be valid through 1/31/08 and a 2008 license can be purchased on 12/15/07 and is valid through 1/31/08.

A shooting preserve license allows a hunter to take ONLY those species listed on the operator's preserve permit.  BIRDS MUST BE RELEASED BEFORE HUNTING IS STARTED.  The total harvest (including both RELEASED and WILD BIRDS) cannot exceed 100 per cent of each species released.  All bird species (both M & W) listed on an operators shooting preserve permit (conditions 4 & 5) must have kill tags placed on the birds after they are harvested on the preserve, throughout the entire shooting preserve season.  Other game species may be taken with the appropriate licenses and during the legal seasons, according to state laws and regulations, but are not to be tagged.

Violations of various laws or rules WILL NOT be tolerated.  Some sections are punishable as a Class I misdemeanor.  The Game, Fish, and Parks Commission may revoke or suspend the shooting preserve permit of any operator who violates preserve laws or rules.

Additional Information Concerning Private Shooting Preserves

The one mile distance allowed between preserves and areas managed for public hunting is measured in a straight line from the closest point of the preserve to the closest point of the public shooting area.  Please discuss your plans with your local Wildlife Conservation Officer before applying for a private shooting preserve permit. 

Marking of all game birds released (with the exception of chukar partridge), by toe clipping or the enlarged and rounded nares (from the anti-pecking devices placed on the bird's beak), will require some advanced planning, especially if buying birds from out of state.  Be sure to advise your supplier that your birds must be toe clipped prior to reaching six weeks of age, (if toe clipping is the method of marking you use).  The toe clipping is most easily accomplished with day-old chicks.  If anti-pecking devices are used as a method of marking, the supplier should be advised that these must be placed on the birds beak before the birds are six weeks old and left on the birds until 15 weeks of age.  It is the preserve operator’s responsibility to see that the birds released on a shooting preserve are properly marked.

The requirement to have bird releases verified by a department representative, means verifying that the birds have been obtained or raised are properly marked and held until they are at least fifteen weeks (15) of age, prior to release.  It may not be necessary to have the local Conservation Officer physically present at all releases, but the operator will need to make arrangements with Conservation Officer for such verification before any releases occur.  Only the birds released on a preserve from August 1 through March 31 can be listed on the Game Release Records.

The present rule on release of birds stipulates that pheasants must be Chinese ring-necked pheasants.  The term "Chinese ring-necked" is not a reference to a particular subspecies.  The term refers to the colloquial name commonly given to the wild pheasants.  Any ring-necked pheasant resembling the wild bird may be released.  The same rule prohibits the release of "jumbos."  Pheasants commonly called jumbos are hens over four pounds and cocks over five pounds.

If birds are butchered, sold, or disposed of by means or methods other than releasing as part of the preserve operation, the operator must also obtain a Captive Game Bird Permit. Captive Game Bird Permits allow possession, sale, barter or trade of game birds held under the permit.  The Noncommercial Captive Game Bird Permit authorizes the licensee to possess, produce, and release game birds from captivity.  Game birds possessed under this license may not be sold or offered for sale.  The fee is $10 for residents and $20 for nonresidents.  The Commercial Captive Game Bird License, authorizes the licensee to possess, produce, release from captivity, sell, offer for sale, and ship game birds as provided in this chapter.  The fee is $50 for residents and $100 for nonresidents.  An application form and copy of the Captive Game Bird rules can be obtained by writing to the Department of Game, Fish, and Parks, 412 West Missouri, Pierre, SD  57501.

Transportation or Gifting of birds harvested on shooting preserves

A preserve hunter may transport or be in possession of up to 15 undressed or processed pheasants with attached kill tags for one hunting day.  Possession of more than 15 tagged pheasants will be allowed, provided the hunter can document multiple days of hunting on a preserve operator's Game Harvest Record or by names and addresses of persons gifting such harvested birds to the individual carrying the birds.

For processed birds legally harvested on a preserve and tagged, a preserve operator can give away the surplus birds.  With such tagged preserve birds, there is no possession limit.  A preserve operator can gift birds to a food bank, a mission, or an individual as long as the kill tags are attached to the birds.  The person receiving the birds would not need a license or a transportation permit if the preserve operator or an employee delivered the tagged birds.

A shooting preserve operator may obtain Transportation for Processing Permits from the department's Pierre office, that will allow the operator to write Transportation for Processing Permits that will allow a preserve employee(s) to transport tagged birds to a processing facility for cleaning and packaging.

Transportation permits for a person(s) to transport untagged or non-preserve birds for another hunter, must be obtained from a Conservation Officer.  These permits must be obtained after the hunt, with the presence of all the birds to be transported and the licensed hunter(s) involved.

Tagging and marking

Kill tags must be placed around the leg or neck of all harvested bird species that are listed on the preserve operator’s permit.  All pen-reared and wild birds harvested on a preserve shall be tagged by the shooting preserve operator, or the operator’s employees or agents, upon any of the following occurrences: 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 the birds were harvested.

For possession or transportation, all harvested or shot birds must have at least one leg with the spur or the head attached to identify the sex of the bird.  All untagged birds held in possession or storage will be considered as wild birds and the state daily and possession limits for each species will apply.  The sequentially numbered tyvek kill tag (e.g. 345001) is specific only to a preserve operation not to an individual hunter.

Package requirements and receipts for nonshot birds

Nonshot birds can be gifted or sold to anyone, provided the person raising the birds has a Captive Game Bird License and provides a bill of sale or game bird sales report or receipt to the buyer/giftee.  Such birds would need to have the marked appendage attached to the bird unless those unshot birds are packaged in a vacuum/shrink-type process and properly labeled showing the name and address of the producer.  Such receipted birds do not count against any bag limits.

Refunds of application/permit fees

If an applicant makes a written request for permit cancellation to the department prior to June 1, a full refund of application fees will be issued.  Such written requests received from June 2 to August 31, will receive a 100% refund of the acreage fee only, the $100.00 permit fee will be retained.  In any case, NO fees will be refunded after August 31.

Hunting Group Size

■        ARSD 41:06:04:02:  No more than 20 persons may cooperate as a group in hunting, except when hunting jackrabbits or predators.

With the above rule, if 16 people walking through a field and 4 other people blocking at the opposite end of the 80 acre field, these individuals are cooperating as a group even though they aren't close together.  Guides and any person without a gun are all included with the group participating with the hunt. Such people are moving with the skirmish line and are acting as "beaters" to move pheasants toward the blockers.  They are all considered part of the hunting group and will be counted toward the group size limit of 20 persons.

Concerns or questions on shooting preserves

If you have questions that are not addressed in this informational section or manual, please contact:

Game, Fish, and Parks

Private Shooting Preserves

412 West Missouri, Suite 4

Pierre, SD 57501

Or phone 605-773-4191.