A person may not take, transport, possess, sell, purchase, barter, or offer to sell, purchase, or barter a raptor unless a falconry permit or a special permit to do so is obtained under this chapter. Only residents of South Dakota may apply for a falconry permit. Nonresident falconers who become residents of South Dakota have 90 days to apply for a resident falconry permit; in the interim their current state permit will remain valid. The department may not issue a permit to an applicant unless the applicant has paid the fees required under § 41:09:06:19. Applicants for an apprentice permit must pass a written examination given by the department concerning raptors and falconry. The applicant must answer correctly at least 80 percent of the questions on the written examination. If the applicant fails to pass the examination, the applicant may not reapply for a license until at least six months after the date of the examination.

General or master permittees may be assigned as sponsor to no more than three apprentice permittees at one time. All permits are nontransferable. If the department does not have notice of incompetence or unfitness of an applicant whose permit has expired, a permit may be renewed without requiring further examination; otherwise, a reexamination may be required or the renewal may be denied. Permittees who fail to renew their permit may have their raptors confiscated and may be required to reapply for, take, and pass the falconry permit examination.

Source: SL 1975, ch 16, § 1; 3 SDR 51, effective January 26, 1977; 5 SDR 108, effective June 28, 1979; 10 SDR 76, 10 SDR 102, effective July 1, 1984; transferred from §§ 41:09:06:02, 41:09:06:05, and 41:09:06:12, 12 SDR 92, effective December 4, 1985; 16 SDR 169, effective April 23, 1990; 24 SDR 107, effective February 26, 1998; 25 SDR 193, effective July 19, 1998; 36 SDR 170, adopted April 21, 2010, effective January 1, 2011; 47 SDR 27, effective September 15, 2020.

General Authority: SDCL 41-2-18(12)(13)(20).

Law Implemented: SDCL 41-2-18(12)(13)(20) , 41-11-11.

Prior versions effective: 2011-01-01.