South Dakota Codified Laws
Chapter 10 - Private Shooting Preserves
Section 41-10-7 - Issuance of permit--Criteria established--Effective date of certain provisions.

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.

Structure South Dakota Codified Laws

South Dakota Codified Laws

Title 41 - Game, Fish, Parks and Forestry

Chapter 10 - Private Shooting Preserves

Section 41-10-1 - Definition of terms.

Section 41-10-2 - Issuance and renewal of operating permits.

Section 41-10-3 - Application for permit--Maximum area of preserve.

Section 41-10-4 - Fee for permit.

Section 41-10-4.5 - Notice of application--Submission of opinion--Status as interested party--Notice of decision.

Section 41-10-6 - Inspection of shooting preserve area--Evaluation of applicant's ability.

Section 41-10-7 - Issuance of permit--Criteria established--Effective date of certain provisions.

Section 41-10-7.1 - Contested case hearing upon denial of shooting preserve operating permit--Request.

Section 41-10-7.2 - Contested case hearing upon grant of new shooting preserve operating permit--Request.

Section 41-10-8 - Consent to entry and search of premises by officer--Noncompliance as misdemeanor.

Section 41-10-9 - Species of game hunted under chapter.

Section 41-10-10 - Marking of game released--Unmarked game deemed wild.

Section 41-10-11 - Season for shooting preserves.

Section 41-10-12 - Resident basic game and fish license or nonresident general hunting license required on preserve--Habitat restoration stamp--Violation as misdemeanor.

Section 41-10-13 - Game taken on preserve by licensed hunter.

Section 41-10-14 - Shooting hours, fees, and limitations on game species.

Section 41-10-16 - Tagging of pen raised or wild game taken by licensed hunter on shooting preserve.

Section 41-10-17 - Guest register and records required of permittee--Inspection by department--Violation as misdemeanor.

Section 41-10-18 - Owning, operating, leasing, or controlling shooting preserve without license--Misdemeanor.

Section 41-10-19 - Revocation or suspension of permit.

Section 41-10-20 - Appeal to circuit court from suspension or revocation of permit.

Section 41-10-21 - Citation of chapter.