Upon receipt of an application for issuance of a permit for a shooting preserve located within one mile of a publicly owned shooting area, the department shall consider the following criteria in determining if the applicant has established that the preserve would not take unfair advantage of wildlife habitat developments or wildlife populations existing on the publicly owned shooting area:

1. (1) Existing or potential wild pheasant population on the publicly owned shooting area;
2. (2) Potential for disease transmission from an adjoining preserve to wild pheasants on the publicly owned shooting area;
3. (3) Extent of habitat developments that are on the publicly owned shooting area and specifically designed to enhance the wild pheasant population;
4. (4) Information related to the management of other wildlife species or recreational opportunities on the publicly owned shooting area, which may be negatively affected by an adjoining shooting preserve; and

5. (5) Any information that may indicate detriment to the public interest.

   The department shall consider the factors listed in SDCL 41-10-7 and this section in making a decision on the application.

Source: 18 SDR 41, effective September 5, 1991; 32 SDR 55, effective October 17, 2005; 47 SDR 27, effective September 15, 2020.

General Authority: SDCL 41-2-18(2)(16).

Law Implemented: SDCL 41-2-18(2)(16) , 41-10-2 , 41-10-7(9).

Prior versions effective: 2005-10-17.