S.D. Admin. R. 41:06:01:15 - Elk application requirements

The following requirements and restrictions apply to all applications for license for the Black Hills elk season, the archery elk hunting season, and the prairie elk hunting season:

(1) Only a resident of the state may apply for a license;

(2) Except for a qualifying landowner-operator applicant, and except as provided in § 41:06:01:09, a person who received an elk hunting license in this season in the first lottery drawing or the second drawing using preference points in any of the nine preceding years may not apply for a license under this chapter for the next nine years; and

(3) Fifty percent of the licenses are available to persons who qualify for landowner-operator preference under the provisions of SDCL 41-6-21. A minimum of 240 acres of land within an elk unit which has had at least 500 days of elk use since the last day of the previous application period is required to qualify. An elk use day is any day an elk feeds or waters on private land. For purposes of elk preference eligibility, members of the qualifying landowner-operator's family including grandparents, parents, spouse, children, children's spouse, or grandchildren who live on the ranch or in the closest community and have an active role in the ranch operation also qualify. Only one qualifying applicant per ranch unit per year may apply for a landowner-operator preference elk license in the first draw only. A ranch unit is described as all private property owned and leased for agricultural purposes by written agreement by an individual qualifying landowner in the state. A ranch unit may not be subdivided for the purpose of qualifying for more than one landowner-operator preference.

Notes

S.D. Admin. R. 41:06:01:15

39 SDR 10, effective August 1, 2012; 42 SDR 146, effective 5/5/2016

General Authority: SDCL 41-2-18(12)(13), 41-6-21.

Law Implemented: SDCL 41-2-18(12)(13), 41-6-21

The amended version of this section by 46 SDR 116, effective 4/29/2019 is not yet available.