1185rb

    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 provision in this section limiting the validity of a special nonresident waterfowl license to ten consecutive days does not apply in Union, Clay, Bon Homme, Yankton, and Charles Mix counties; and in such counties, the special nonresident waterfowl license is valid during the same period as is a resident waterfowl license.

    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. "