CHAPTER 216

(HB 1212)

Number of landowner big game hunting permits increased.

         ENTITLED, An Act to  revise certain provisions related to limited big game hunting licenses for landowners.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:

     Section  1.  That § 41-6-19.3 be amended to read as follows:

     41-6-19.3.   If a resident farmer or rancher who owns or leases the prescribed minimum acreage of farm or ranch land to qualify for landowner preference, and who actually resides on the land, or is an owner-operator of the land, or a member of the farmer or rancher's immediate family also residing on the land has not received a big game license pursuant to § 41-6-19 during the west river prairie deer season, east river deer season, or west river firearm antelope season set by the Game, Fish and Parks Commission pursuant to § 41-2-18, the person may apply no earlier than twenty days prior to the commencement of the applicable season and obtain one of the licenses made available in the unit in which the person qualifies for landowner preference or as otherwise provided by rules promulgated by the commission pursuant to chapter 1-26. No more than two limited permits may be applied for by each farm or ranch household. Upon receipt of the application submitted on a form prescribed by the commission, the Department of Game, Fish and Parks shall issue a limited permit that restricts the holder to the taking of one animal as designated on the permit only from the farm or ranch lands specified in the application. If the landowner or lessee also owns or leases land in a contiguous hunting unit, the applicant may specify those lands in adjacent units where the permit is to apply and may hunt on those described lands also. The holder of the permit may not take any big game animal from land owned or leased by other persons. If a resident farmer or rancher who owns or leases for agricultural purposes the minimum acreage of privately-owned farm or ranch land to qualify for landowner preference as prescribed by rules promulgated by the Game, Fish and Parks Commission and who actually resides on the land, or is an owner-operator of the land, has not received a big game license pursuant to §  41-6-19 that permits the harvest of a buck during the west river prairie deer season, east river deer season, or firearm antelope season set by the Game, Fish and Parks Commission pursuant to §  41-2-18, the farmer or rancher may obtain one any-deer license, one any-antelope license, one license that has one any-deer tag and one any- antlerless deer tag , or one any-antelope and one doe/kid antelope tag that is valid only on lands owned or leased by the farmer or rancher within any unit for the specified hunting season.

     Upon receipt of the application prescribed by the department and applicable fee, the Department of Game, Fish and Parks shall issue a limited license that restricts the holder to the taking of the big game animals as designated on the license only from the privately-owned farm or ranch lands owned or leased by the resident farmer or rancher. The holder of the license may not take any big game animal from land owned or leased by other persons.

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     Section  2.  That § 41-6-19.4 be amended to read as follows:

     41-6-19.4.   For the purposes of issuance of the limited permit to hunt deer pursuant to § 41-6- 19.3, the term "immediate family" , immediate family, means the applicant, the applicant's spouse, and the applicant's children residing with the applicant or on land owned or leased by the resident farmer or rancher .

     Signed February 28, 2006

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