The Game, Fish and Parks Commission may, by rules promulgated pursuant to § 41-2-18 , set the number of licenses issued for the hunting, taking, or killing of any big game animal during any season and establish who is eligible to apply for such licenses. Any person in the armed services of the United States who is absent from this state on active duty during the entire time for making application, and is otherwise qualified and a resident of South Dakota, may apply for and shall receive deer, turkey, and antelope licenses. In addition, any spouse and any minor dependent child of such a person in the armed services who are also absent from this state during the entire time for making application, and are otherwise qualified, may apply for and shall receive deer, turkey, and antelope licenses. In establishing eligibility, the commission may give preference to persons who actually operate or live as owner or tenant on agricultural, timber, or grazing lands situated within the areas opened to such big game hunting. It is a Class 2 misdemeanor for anyone to apply for such licenses except those persons whose eligibility has been established by statute or rule of the Game, Fish and Parks Commission.
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