In antelope season units, where resident and nonresident licenses are limited in number and licenses remain unsold after a first lottery drawing, a person may apply for one leftover license in that season if the person does not possess a license for that season. After the second lottery drawing, resident and nonresident licenses are pooled and a person may apply for an unlimited number of leftover licenses on a first-come, first-served basis.

In turkey season units, where resident and nonresident licenses are limited in number and licenses remain unsold after a first lottery drawing, a person may apply for one leftover license in that season if the person does not possess a license for that season. After the second lottery drawing, resident and nonresident licenses are pooled and a person may apply for one leftover license in that season. After the third lottery drawing, a person may apply for an unlimited number of leftover licenses on a first-come, first-served basis. Nonresidents are not eligible for East River spring turkey or East River fall turkey licenses except for licenses unsold after the second lottery drawing.

A person who possesses two licenses for any of the Black Hills, East River, West River, refuge, Custer State Park, or muzzleloader deer hunting seasons may not apply for a license in the second combined lottery drawing for these seasons. A person who possesses one license may apply for one additional license for a different season. A resident may submit one application for each season in the third lottery drawing if the resident does not possess a license for that season. In the fourth lottery drawing, a resident may submit no more than five applications.

In the third and fourth lottery drawings, a nonresident who does not possess a license may submit two applications for a season and a nonresident who possesses one license may submit one application for a different season. After the fourth lottery drawing, a person may obtain an unlimited number of licenses from a pool of remaining resident and nonresident licenses.

If licenses remain unsold after the initial lottery drawing for the Black Hills elk hunting season, the prairie elk hunting season, and the 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. The 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 as provided in subdivision 41:06:01:15(2).

The purchase and receipt of an elk license in the second lottery drawing by the use of preference points is a successful application and affects eligibility in future lottery drawings for the same season as provided in subdivision 41:06:01:15(2). The purchase and receipt of an elk license in the second lottery drawing without the use of preference points, or the purchase and receipt of an elk license in subsequent drawings, does not affect eligibility or preference in future lottery drawings for the same season.

Cross-References:

Combination licenses -- Issuance, SDCL 41-6-10.1.

Resident big game license -- Privileges and fee -- Violation as misdemeanor, SDCL 41-6-19.

Nonresident big game license -- Privileges -- Violation as misdemeanor, SDCL 41-6-20.

Definitions, § 41:06:00.01:02.

Hunting license fees, § 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; 40 SDR 223, effective June 23, 2014; 42 SDR 146, effective May 5, 2016 ; 45 SDR 124, effective April 17, 2019 ; 50 SDR 62, effective November 27, 2023; 52 SDR 107, effective May 25, 2026 .

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 .

Prior versions effective: 2023-11-27, 2019-04-17, 2016-05-05, 2014-06-23, 2008-09-08.