(HB 1049)
Shooting preserves permit process modified.
Section
1.
That
§
41-10-1
be amended to read as follows:
41-10-1.
In
Terms used in
this chapter
, unless the context otherwise requires
mean
:
41-10-2.
The
Game, Fish and Parks Commission
department
may issue and renew shooting
preserve operating permits for privately owned and operated shooting preserves.
Section
3.
That
§
41-10-3
be amended to read as follows:
41-10-3.
Any person owning, holding, or controlling, by lease or otherwise, any contiguous
tract of land of not more than
one
two
thousand
two
five
hundred
eighty
sixty
acres, who desires
to establish a shooting preserve under the regulations provided in this chapter,
shall
may
make
application to the
Game, Fish and Parks Commission
department
for a shooting preserve operating
permit.
Said
The
application shall be made by the applicant
, his agent, or his
or the applicant's
agent or
attorney, and shall be accompanied by a fee which is determined as provided by § 41-10-4.
Section
4.
That
§
41-10-4.5
be amended to read as follows:
41-10-4.5.
Upon receipt of a written application for a new shooting preserve operating permit,
the
commission shall schedule a public hearing on the application
department shall notify the
public of the application by publishing notice of the time and manner in which interested persons
may present data, opinions, or arguments in writing to the department on the application and the
manner in which interested persons may request status as an interested party and request receipt
of written notice of the decision of the department
. The department shall publish
the
notice
of the
time, place, and purpose of the hearing
once at least twenty days
before the hearing
prior to the
time designated by the department in the published notice
in at least three newspapers of general
circulation in areas of the state likely to be affected by the proposed permit.
After the hearing, the
commission may issue the permit in accordance with the requirements of § 41-10-7.
No more than
ten days after the time designated by the department in the published notice, the department shall
provide and mail by certified mail, return receipt requested, written notice of its decision made in
accordance with the requirements of
§
41-10-7 to the applicant and to any person who submitted
within the prescribed time and manner data, opinions, or arguments in writing to the department
in opposition to issuance of the new operating permit and who requested the status as an interested
party in accordance with this section and the published notice. The date that written notice of the
decision is mailed to the applicant and to an interested person who requested the status of an
interested party constitutes the respective date notice of application denial or approval has been
provided as referenced in sections 9 and 10 of this Act.
Section
5.
That
§
41-10-6
be amended to read as follows:
41-10-6.
Upon receipt of the application for a shooting preserve operating permit, the
Game,
Fish and Parks Commission
department
shall inspect the area described in
such
the
application,
the premises, and the facilities. The
commission
department
also shall evaluate the ability of the
applicant to operate an area of this character.
Section
6.
That
§
41-10-7
be amended to read as follows:
41-10-7.
If the
Game, Fish and Parks Commission finds that
department is satisfied that all of
the following criteria have been established by the applicant
:
Section
7.
That
§
41-10-14
be amended to read as follows:
41-10-14.
Within the limits set by the
Game, Fish and Parks Commission
commission, in rules
promulgated pursuant to chapter 1-26,
the shooting preserve operator may establish
his own
shooting
hours and
limitations and restrictions on the age, sex,
and
number
, and type
of each game
species that may be taken by each person
, and he
. The operator
may establish
his own shooting
hours, bag limits, and
the fees to be charged to
his
the operator's
guests.
Section
8.
That
§
41-10-16
be amended to read as follows:
41-10-16.
Any person licensed to hunt a species as required by this chapter may harvest and
legally possess pen raised or wild game shot on a shooting preserve if
such
the
game is tagged as
directed by the
Game, Fish and Parks Commission
commission in rules promulgated pursuant to
chapter 1-26
. The provisions of this section relating to issuance of tags and remittance of tag fees,
shall be administered by the
Department of Game, Fish and Parks
department
pursuant to
commission rules adopted pursuant to § 41-2-18. The cost of each
such
tag to the shooting preserve
operator shall be established by the commission
in rules promulgated pursuant to chapter 1-26
.
Section
9.
That chapter
41-10
be amended by adding thereto a NEW SECTION to read as
follows:
Section
10.
That chapter
41-10
be amended by adding thereto a NEW SECTION to read as
follows:
Section
11.
That ARSD 41:09:01:01 be amended to read as follows:
41:09:01:01. Operation plan to be submitted with application. A person submitting an
application for a shooting preserve permit shall submit with the application a detailed plan of
operation for the proposed private shooting preserve for approval of the
commission
department
.
Section 12. That ARSD 41:09:01:06 be amended to read as follows:
The director of the Division of Wildlife shall consider all renewal applications. If the director
denies a renewal application, the department shall send a notice of denial to the applicant by
certified mail, return receipt requested.
The applicant may appeal the denial of the renewal application by the director by giving notice
of appeal and requesting review by the commission. The notice of appeal and request for review
must be mailed to the department by certified mail, return receipt requested, within 30 days after
the date of the notice of application denial. If the notice of appeal and request for review are made
within the 30-day time limit, the commission shall review the renewal application at a regular
meeting.
Section
13.
That ARSD 41:09:01:06.01 be repealed.
Section
14.
Whereas, this Act is necessary for the support of the state government and its
existing public institutions, an emergency is hereby declared to exist, and this Act shall be in full
force and effect from and after its passage and approval.