S.D. Codified Laws § 41-6-18.4
The Game, Fish and Parks Commission may promulgate rules in accordance with chapter 1-26 to authorize the department to issue temporary nonresident waterfowl licenses. Any increase in the number of temporary nonresident waterfowl licenses allocated by the commission in a year may not exceed five percent of the number of licenses allocated for the same license type in the previous year.
Revenue from the sale of temporary nonresident waterfowl licenses shall be deposited in the department's land acquisition and development fund to be used to acquire, by lease, permit, or otherwise, interests in real property to be used for providing waterfowl hunting public access. Before promulgating rules which permit the issuance of temporary nonresident waterfowl licenses, the commission shall determine that adequate waterfowl hunting public access has been provided through the department's land acquisition and development fund or through other means.
SDCL 41-6-18.4