Committee: Senate Agriculture and Natural Resources

Tuesday, February 25, 2014

                                            P - Present
                                            E - Excused
                                            A - Absent

Roll Call
P    Ewing
P    Frerichs
P    Lucas
P    Omdahl
P    Otten (Ernie)
P    Rhoden
P    Vehle
P    Rampelberg, Vice-Chair
P    Krebs, Chair

OTHERS PRESENT: See Original Minutes

The meeting was called to order by chair Krebs.

MOTION:    TO APPROVE THE MINUTES OF THURSDAY, FEBRUARY 20^TH.

Moved by:    Rhoden
Second by:    Rampelberg
Action:    Prevailed by voice vote.

    HB 1185: allow certain family members of residents to obtain nonresident waterfowl hunting privileges, to provide preference for certain nonresident veterans, and to establish a penalty.

Presented by:    Senator Corey Brown
Proponents:    Nathan Sanderson, Office of the Governor
        Emmett Keyser, Department of Game, Fish, and Parks (Handout: #1)
        Michele Brich, SD Hotel & Lodging Association
        Chris Hesla, SD Wildlife Federation
        David Owen SD Chamber of Commerce & Industry
        Shawn Lyons, SD Retailers Association

        Julie Johnson, Aberdeen Hotel Alliance & Aberdeen Convention and Visitors Bureau
        Steve Nelson, SD Migratory Bird Association & self, Pierre
        Paul Lepisto, Izaak Walton League
        Rosie Smith, Glacial Lakes & Prarie Towns Association
        Lorin Pankratz, Visitor Industry Alliance
        Representative Dick Werner (Handout: #2)
Opponents:    Dean Hyde, self, Pierre
        John Simpson, self, Pierre

MOTION: AMEND HB 1185

On the House engrossed bill, delete everything after the enacting clause and insert:

" Section 1. That § 41-6-18.1 be amended to read as follows:

41-6-18.1. It is a Class 2 misdemeanor for a nonresident to hunt, take, or kill migratory waterfowl without a ~~special~~ nonresident waterfowl license~~, a fall three-day temporary nonresident waterfowl license, early fall Canada goose temporary nonresident license,~~ or a ~~spring snow goose~~ temporary nonresident waterfowl license, a migratory bird certification permit, and a federal migratory bird stamp, or in violation of the conditions of the licenses or the rules of the Game, Fish and Parks Commission.

A ~~special~~ nonresident waterfowl license, except as otherwise provided in this title, entitles the licensee to hunt migratory waterfowl for ten consecutive days. Four dollars received from the sale of each ~~special~~ nonresident waterfowl license shall be placed in the land acquisition and development fund. The moneys from this fund shall be used to acquire by purchase or lease real property to be used primarily for game production. This license shall be in such form as the Game, Fish and Parks Commission shall prescribe.

~~The~~ If the Game, Fish and Parks Commission ~~may issue no~~ allocates more than four thousand ~~special~~ nonresident waterfowl licenses in a calendar year, any increase in the number of licenses allocated may not exceed five percent of the number of licenses allocated in the previous calendar year.

Section 2. That § 41-6-18.4 be amended to read as follows:

41-6-18.4. The Game, Fish and Parks Commission may promulgate rules in accordance with chapter 1-26 to authorize the department to issue ~~up to two thousand fall three-day temporary nonresident waterfowl licenses, up to two thousand early fall Canada goose~~ temporary nonresident waterfowl licenses, and a number of spring snow goose temporary nonresident licenses to be determined by the department, and to establish the fee therefor, validity of the licenses issued, types of waterfowl to be hunted, and areas in which hunting is permitted. Up to five hundred of the fall three-day temporary nonresident waterfowl licenses shall be made available for use in the counties of Brown, Marshall, Roberts, Day, Grant, Clark, Codington, Deuel, and Hamlin. The commission, in rules promulgated pursuant to chapter 1-26, may establish a process and criteria to allow the issuance of a portion of the five hundred licenses in counties other than those specified if the department determines that such licenses are otherwise likely to remain unsold. Except for the fall three-day temporary nonresident waterfowl licenses issued in Brown, Marshall, Roberts, Day, Grant, Clark, Codington, Deuel, and Hamlin counties, the fall three-day temporary nonresident waterfowl licenses are valid only on private property, but are not valid on private property leased by the department for public hunting or on highways or other public rights-of-way within this state that otherwise meet the requirements of § 41-9-1.3. Any increase in the number of temporary nonresident waterfowl licenses allocated by the commission in a year may not exceed five percent of the number of licenses allocated for the same license type in the previous year.

Revenue from the sale of ~~fall three-day~~ temporary nonresident waterfowl licenses shall be deposited in the department's land acquisition and development fund to be used to acquire, by lease, permit, or otherwise, interests in real property to be used for providing waterfowl hunting public access in the counties adjacent to the Missouri River. Revenue from the sale of early fall Canada goose temporary nonresident licenses shall be deposited in the department's land acquisition and development fund to be used to acquire by lease, permit, or otherwise, interests in real property to be used for providing waterfowl hunting public access. Before promulgating rules which permit the issuance of ~~fall three-day~~ temporary nonresident waterfowl licenses, the commission shall determine that adequate waterfowl hunting public access has been provided through the department's land acquisition and development fund or through other means. "

Moved by:    Rampelberg
Second by:    Ewing
Action:    Prevailed by voice vote.

MOTION:    ADJOURN

Moved by:    Rampelberg
Second by:    Vehle
Action:    Prevailed by voice vote.

Lois Henry

____________________________

Committee Secretary

Shantel Krebs, Chair

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