41:06:01:09.  Application for unsold big game licenses -- Future eligibility. In deer, antelope, and turkey season units where resident and nonresident licenses are limited in number and licenses remain unsold following a second lottery drawing, a person who does not have a license in a season may apply for up to five leftover licenses in that season and a person who already has a license in a season may apply for up to four additional licenses in that season. After the third drawing, a person may apply for an unlimited number of leftover licenses on a first-come first-serve basis. Nonresidents are not eligible for East River deer, East River spring turkey, or East River fall turkey licenses except for licenses unsold after the second lottery drawing. Purchase of a deer, antelope, or turkey license under this section does not affect the eligibility of the applicant in future lotteries.

          If licenses remain unsold after the initial lottery drawing for Black Hills Elk Hunting Season, Prairie Elk Hunting Season, and Archery Elk Hunting Season, a person who does not already have an elk license may apply for a license in a second or subsequent lottery drawing if the person submits the nonrefundable application fee and the applicable license fee with the application. Purchase and receipt of a first-choice elk license during the first lottery drawing counts as a successful application and affects eligibility in future first lottery drawings for the same season. Purchase and receipt of an elk license in the second lottery drawing, or purchase and receipt of an elk license in subsequent drawings, does not affect eligibility or preference in future lottery drawings for these seasons.

          A person who submits an application for any elk or bighorn sheep hunting unit for which no licenses have been allocated shall accrue a preference point respective to the season being applied for. The person shall submit the applicable nonrefundable application fee.

          A person who submits an application for a big game hunting unit, other than for elk, bighorn sheep, or mountain goat, for which no licenses have been allocated or are available shall accrue a preference point respective to the season being applied for. The person shall submit the applicable fee as described in § 41:06:02:03.

          Source: 4 SDR 88, effective June 27, 1978; 6 SDR 94, effective March 26, 1980; 9 SDR 14, effective August 8, 1982; 9 SDR 171, effective July 13, 1983; 10 SDR 76, 10 SDR 102, effective July 1, 1984; 12 SDR 14, effective August 6, 1985; 14 SDR 14, effective August 6, 1987; 15 SDR 210, effective July 10, 1989; 17 SDR 34, effective September 6, 1990; 18 SDR 4, effective July 18, 1991; 22 SDR 188, effective July 10, 1996; 27 SDR 111, effective May 8, 2001; 28 SDR 166, effective June 4, 2002; 29 SDR 160, effective June 3, 2003; 30 SDR 21, effective August 25, 2003; 31 SDR 191, effective June 7, 2005; 33 SDR 1, effective July 18, 2006; 33 SDR 212, effective June 4, 2007; 35 SDR 47, effective September 8, 2008.

          General Authority: SDCL 41-2-18(1)(2)(12), 41-6-21.

          Law Implemented: SDCL 41-2-18(1)(2)(12), 41-6-21, 41-6-62.

          Cross-References:

          Hunting license fees, § 41:06:02:03.

          Basic or general hunting license required, SDCL 41-1-11.

          Combination licenses, SDCL 41-6-10.1.

          Resident big game license required, SDCL 41-6-19.

          Nonresident big game license required, SDCL 41-6-20.

          Definitions, § 41:06:00.01:02.

          Bag limit, § 41:06:19:03.

          Limit on licenses, § 41:06:19:06.

          Elk hunting season application requirements, § 41:06:26:04.

          Archery elk hunting season application restrictions, § 41:06:43:04.