SOUTH DAKOTA STATE LAWS PRIVATE SHOOTING PRESERVES
(LATEST REVISION 9/14/07)

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, copartnerships, associations, and corporations;
(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.

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.

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.

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.

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.

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.

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;
(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;
(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.

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.

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.

41-10-8. Consent to entry and search of premises by officer--Noncompliance as misdemeanor.
All shooting preserve operating permits 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 search the premises and any part thereof 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.

41-10-9. Species of game hunted under chapter.
Game which may be hunted under this chapter shall be mallard ducks, pheasants, quail, partridges, turkey, and such other species of game as the Game, Fish and Parks Commission may add. The commission may exclude mallard ducks from the list of permitted species for any period of time and without advance notice provided such action is deemed necessary to protect such species.

41-10-10. Marking of game released--Unmarked game deemed wild.
All game released on a shooting preserve must be marked as prescribed by the Game, Fish and Parks Commission. All game not marked as prescribed shall be deemed wild game.

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.

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.

41-10-13. Game taken on preserve by licensed hunter.
The guest of a shooting preserve operator, 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.

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 operator 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 operator may establish the fees to be charged to the operator's guests.

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 operator shall be established by the commission in rules promulgated pursuant to chapter 1-26.

41-10-17. Guest register and records required of operator--Open to inspection--Violation as misdemeanor.
Each shooting preserve operator 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 at any reasonable time. A violation of this section is a Class 1 misdemeanor.

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.

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.

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.

41-10-21. Citation of chapter. This chapter may be cited as the Private Shooting Preserve Act.

41-6-30. Nonresident predator license--Privileges--When license not required--Violation as misdemeanor.
Except as provided in this section, it is a Class 2 misdemeanor for a nonresident to hunt, take, or kill jackrabbits, prairie dogs, gophers, ground squirrels, chipmunks, coyotes, red fox, grey fox, skunk, crow, porcupine, English house sparrow, European starling, unbanded undomesticated pigeon (rock dove), or marmot, without a nonresident predator/varmint license or in violation of the conditions of the license or the rules of the Game, Fish and Parks Commission.
A nonresident predator/varmint license, notwithstanding the provisions of § 41-6-24, allows a nonresident to take or kill jackrabbits, prairie dogs, gophers, ground squirrels, chipmunks, coyotes, red fox, grey fox, skunk, English house sparrow, European starling, unbanded undomesticated pigeon (rock dove), and within the lawful season, crow, porcupine, and marmot, except by means of aerial hunting or as prohibited by statute or rule.
However, if a nonresident possesses a nonresident small game license, a nonresident waterfowl license, a nonresident big game license, a nonresident shooting preserve license while on a licensed shooting preserve, or a nonresident turkey license as provided in § 41-6-17, 41-6-18.1, 41-6-20, or 41-6-28, the nonresident need not acquire the nonresident predator/varmint license as provided in this section to hunt the species enumerated by this section in the manner and places permitted. A nonresident small game license, a nonresident waterfowl license, a nonresident big game license, or a nonresident turkey license is valid for hunting those animals permitted by the nonresident predator/varmint license from date of purchase until the end of the license year as provided by rules promulgated by the Game, Fish and Parks Commission pursuant to chapter 1-26. However, a nonresident shooting preserve license is valid for hunting predators and varmints on a licensed shooting preserve during the shooting preserve season.

41-14-4.  Tagging required for public storage of game--Tagging requirements to be posted-- Public storage defined--Violation as misdemeanor.
No person may place into public storage any game bird, game fish, or game animal unless the game bird, game fish, or game animal has attached to it a tag showing the owner's name and address, the number and kind of bird, fish, or animal and the date the bird, fish, or animal is placed in storage. Any person who accepts into public storage any game bird, game fish, or game animal must post notice of the tagging requirements of this section in a conspicuous place adjacent to the public storage. For the purposes of this section, public storage is any business that stores game birds, game fish, or game animals for a fee or a convenience and has a South Dakota sales tax license. A violation of this section is a Class 2 misdemeanor.

41-14-8.  Carriage of small game on common carrier--Information required for shipment-- Permit--Violation as misdemeanor.
Any person licensed under the provisions of chapter 41-6 may carry as personal baggage any small game or fish lawfully taken or possessed . No person may knowingly ship or receive for shipment by common carrier any small game or fish unless the container containing the small game or fish has affixed to the outside of the container a clearly visible statement containing the following information:
(1) The name, address, and license number of the person shipping the small game or fish;
(2) The number and species of all small game and fish in the container;
(3) The date of shipment; and
(4) The name and address of the person to whom the small game or fish has been shipped.
A person other than the licensee may transport small game or fish with a transportation and shipping permit. A permit may be obtained from a conservation officer or a designee without a charge. A violation of this section is a Class 2 misdemeanor.