South Dakota Captive Hunting Statutes and Regulations

No Ban: Mammals permitted.

Statute

South Dakota statutes define "shooting preserves" as "an acreage either privately owned or leased on which hatchery raised game is released for the purpose of hunting, for a fee, over an extended season." S.D.C.L. §41-10-1(1).

"Any person owning, holding or controlling, by lease or otherwise, any contiguous tract of land of not more than two thousand five hundred sixty acres, who desires to establish a shooting preserve under the regulations provided in this chapter, shall make application to the game, fish and parks commission for a shooting preserve operating permit." Id. at §41-10-3. Among the many criteria which have to be met by permit applicants is a determination that the "preserve would not take unfair advantage of wildlife habitat developments or wildlife population existing on those areas, or would not otherwise be detrimental to the public interest." Id. at §41-10-7(9).

The species of game that may be hunted on shooting preserves "shall be mallard ducks, pheasants, quail, partridges, turkey, and such other species of game as the game, fish and parks commission may add." Id. at §41-10-9.

A South Dakota Division of Wildlife official stated that the "hunting of mammals on 'private shooting preserves' is legal, but only under Department of Game, Fish and Parks hunting season regulations…"

According to state law, a shooting preserve may not be located within one mile of publicly owned land managed for hunting and wildlife without prior Commission approval. The private shooting preserve fee is $100.00 for the preserve season plus 40 cents for each acre of land within the preserve. Id. at §41-10-4.

Shooting preserves are subject to department inspection upon receipt of the application for a shooting preserve operating permit. The department shall inspect the area described in the application, the premises, and the facilities. The department also shall evaluate the ability of the applicant to operate an area of this character. Id. at §41-10-6.

The season length on shooting preserves may be all or any part of the seven-month period beginning September first and ending March thirty-first of the following year. Id. at §41-10-11.

Regulation

The South Dakota Department of Game, Fish, and Parks has assembled a comprehensive information manual regarding the establishment and operation of private shooting preserves. The regulations contained in the manual make it clear that only birds may be released and hunted on shooting preserves. Details on all aspects of operating a bird shooting preserve in South Dakota are contained in the information manual.

An official from the South Dakota Department of Fish and Game stated that while the shooting of mammals is legal on private shooting preserves, it is illegal to breed, raise, stock, or propagate mammals for this purpose.

The South Dakota Animal Industry Board regulates the possession of privately-owned captive mammals and does allow the hunting of these animals. ARDS 12:68:18. 

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