S.D. Admin. R. 41:06:01:09

Current through Register Vol. 51, page 67, December 16, 2024

Section 41:06:01:09 - Application for unsold big game licenses - Future eligibility

In antelope and turkey season units, where resident and nonresident licenses are limited in number and licenses remain unsold after a second lottery drawing, a person may apply for one leftover license in that season. After the third lottery drawing, a person may apply for an unlimited number of leftover licenses on a first-come, first-served basis. Nonresidents are not eligible for East River spring turkey or East River fall turkey licenses except for licenses unsold after the second lottery drawing. The purchase of an antelope or turkey license under this section does not affect the eligibility of the applicant in future lottery drawings.

A person who possesses two licenses for any of the Black Hills, East River, West River, refuge, Custer State Park, or muzzleloader deer hunting seasons may not apply for a license in the second combined lottery drawing for these seasons. A person who possesses one license may apply for one additional license for a season if the person does not possess a license for that season. A resident may submit one application for each season in the third lottery drawing if the resident does not possess a license for that season. In the fourth lottery drawing, a resident may submit no more than five applications.

In the third and fourth lottery drawings, a nonresident who does not possess a license may submit two applications for a season and a nonresident who possesses one license may submit one application for a season if the nonresident does not possess a license for that season. After the fourth lottery drawing, a person may obtain an unlimited number of licenses from a pool of remaining resident and nonresident licenses.

If licenses remain unsold after the initial lottery drawing for the Black Hills elk hunting season, the prairie elk hunting season, and the archery elk hunting season, a person who does not already have an elk license may apply for a license in a second or subsequent lottery drawing if the person submits the nonrefundable application fee and the applicable license fee with the application. The purchase and receipt of a first-choice elk license during the first lottery drawing counts as a successful application and affects eligibility in future first lottery drawings for the same season.

The purchase and receipt of an elk license in the second lottery drawing by the use of preference points is a successful application and affects eligibility in future lottery drawings for these seasons. The purchase and receipt of an elk license in the second lottery drawing without the use of preference points, or the purchase and receipt of an elk license in subsequent drawings, does not affect eligibility or preference in future lottery drawings for these seasons.

S.D. Admin. R. 41:06:01:09

4 SDR 88, effective 6/27/1978; 6 SDR 94, effective 3/26/1980; 9 SDR 14, effective 8/8/1982; 9 SDR 171, effective 7/13/1983; 10 SDR 76, 10 SDR 102, effective 7/1/1984; 12 SDR 14, effective 8/6/1985; 14 SDR 14, effective 8/6/1987; 15 SDR 210, effective 7/10/1989; 17 SDR 34, effective 9/6/1990; 18 SDR 4, effective 7/18/1991; 22 SDR 188, effective 7/10/1996; 27 SDR 111, effective 5/8/2001; 28 SDR 166, effective 6/4/2002; 29 SDR 160, effective 6/3/2003; 30 SDR 21, effective 8/25/2003; 31 SDR 191, effective 6/7/2005; 33 SDR 1, effective 7/18/2006; 33 SDR 212, effective 6/4/2007; 35 SDR 47, effective 9/8/2008; 40 SDR 223, effective 6/23/2014; 42 SDR 146, effective 5/5/2016; 45 SDR 124, effective 4/17/2019; 50 SDR 062, effective 11/27/2023

General Authority: SDCL 41-2-18(1)(2)(12), 41-6-21.

Law Implemented: SDCL 41-2-18(1)(2)(12), 41-6-21, 41-6-62.

Hunting license fees, § 41:06:02:03. Combination licenses, SDCL 41-6-10.1. Resident big game license -- Privileges and fee -- Violation as misdemeanor, SDCL 41-6-19. Nonresident big game license -- Privileges and fee -- Violation as misdemeanor, SDCL 41-6-20. Definitions, §41:06:00.01:02.