1 CHAPTER 41:09:01
PRIVATE SHOOTING PRESERVES
Cross-Reference: Nondomestic birds, § 12:68:18:05. Section
41:09:01:01 Operation plan to be submitted with application.
41:09:01:02 Release of male birds required -- Harvest limited.
41:09:01:02.01 Notification required prior to release of birds.
41:09:01:03 Birds that may be released -- Minimum release age -- Marking of birds.
41:09:01:03.01 Daily bag limit -- Shooting hours.
41:09:01:04 Tagging of bagged harvested birds.
41:09:01:04.01 Private shooting preserve transportation permit -- Exception.
41:09:01:04.02 Repealed.
41:09:01:04.03 Transportation of birds off preserve prior to tagging.
41:09:01:05 Fee for kill tags -- Deadline.
41:09:01:05.01 Game release and guest register records required -- Deadlines.
41:09:01:06 Applications -- New and renewal -- Single season and three-year season permits
authorized -- Fees.
41:09:01:06.01 Notice of public hearing
41:09:01:06.02 Issuance of permit for shooting preserve located within one mile of publicly
owned shooting area.
41:09:01:07 Minimum area of preserve.
41:09:01:08 Definition of "other publicly owned shooting areas."
41:09:01:09 New and existing shooting preserves distinguished.
2 41:09:01:10 Adjustment to preserve acreage.
41:09:01:11 Training required.
41:09:01:12 Contiguous tract of land defined.
41:09:01:04. Tagging of bagged harvested birds. Serially numbered tags, supplied by
the department, must be securely attached around the leg or neck of all harvested bird species that
are listed on the preserve permittee's permit. All pen-reared and wild birds harvested on a preserve
shall must be tagged by the shooting preserve permittee, or the permittee's employees or agents,
upon any of the following circumstances, whichever occurs first:
(1) Prior to leaving the preserve acreage, except as provided in § 41:09:01:04.03;
(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 that 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. However, the head, leg, and sufficient
plumage may be detached from the bird and discarded if the bird is processed at a wildlife
processing facility, if the bird is immediately packaged by a transparent vacuum-sealed or shrink-
wrap packaging process, and if the kill tag is encased in the same package and clearly legible. The
package shall may contain only those individual bird parts associated with the original kill tag. No
more than two birds may be enclosed in the same package. Except as provided in this section, the
provisions of chapter 41:06:03 apply to the possession, processing, and transportation of game
birds harvested on a preserve.
3 Source: SL 1975, ch 16, § 1; 10 SDR 76, 10 SDR 102, effective July 1, 1984; 12 SDR 170,
effective April 28, 1986; 13 SDR 26, effective September 10, 1986; 16 SDR 148, effective March
21, 1990; 23 SDR 20, effective August 13, 1996; 32 SDR 55, effective October 17, 2005; 37 SDR
18, effective August 16, 2010; 38 SDR 8, effective August 3, 2011; 43 SDR 31, effective
September 14, 2016.
General Authority: SDCL 41-2-18(2)(10)(16), 41-10-16.
Law Implemented: SDCL 41-2-18(2)(16), 41-10-2, 41-10-16.
4 41:09:01:04.01. Private shooting preserve transportation permit -- Exception. A
licensed private shooting preserve permittee may obtain a transportation permit for processing
purposes from the department. The permit allows the transportation of birds legally harvested on
the shooting preserve to another location for processing a wildlife processing facility as defined in
§ 41:06:03:10. The kill tags must be attached to the birds, except as provided for in §
41:09:01:04.03. The permit must include the preserve name; the hunter's name; the hunter's driver's
driver license number, state issued state-issued identification number, or youth hunter safety
number; the species and number of birds transported; and the date of processing.
In lieu of the transportation permit, a permittee or employee may transport permitted species
harvested on a shooting preserve to another location for processing, if the carrier of the birds has
a duplicate copy of the guest register required by SDCL 41-10-17. The permittee may use
computer formats a data collection platform provided by the Department that list lists 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 or agent 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 processor.
Source: 22 SDR 16, effective August 15, 1995; 33 SDR 43, effective September 18, 2006;
38 SDR 8, effective August 3, 2011; 47 SDR 27, effective September 15, 2020.
General Authority: SDCL 41-2-18(2)(16), 41-10-16.
Law Implemented: SDCL 41-2-18(2)(16), 41-10-16, 41-10-17.
5 41:09:01:04.03. Transportation of birds off preserve prior to tagging.
Notwithstanding subdivision 41:09:01:04(1), prior to tagging, harvested birds may be transported
directly to a wildlife processing facility as defined in 41:06:03:10 that is not located on the
permitted preserve acreage, if:
(1) The birds were harvested on the permitted preserve acreage;
(2) The birds are not transported with other birds harvested off the acreage;
(3) The birds are transported directly to the processing facility or lodge;
(4) The birds are transported by the preserve operator or employee;
(5) The birds are accompanied by the necessary tags described in § 41:09:01:04;
(6) Complete harvest information was loaded into the private shooting preserve
database supplied by the department prior to leaving the acreage; and
(7) All other transportation requirements provided in § 41:09:01:04.01 are followed.
Source:
General Authority: SDCL 41-2-18(2)(16), 41-10-16.
Law Implemented: SDCL 41-2-18(2), 41-10-16.