2019 House Bill 1073 - Senate Agriculture and Natural Resources

State of South Dakota  
NINETY-FOURTH SESSION
LEGISLATIVE ASSEMBLY, 2019  

555B0433   SENATE AGRICULTURE AND NATURAL RESOURCES ENGROSSED    NO.  HB 1073 -  2/12/2019  

Introduced by:    Representatives Qualm, Chaffee, Chase, Duvall, Finck, Haugaard, Howard, Livermont, Marty, and Randolph and Senators Blare, Cronin, Klumb, and Maher
 

        FOR AN ACT ENTITLED, An Act to revise provisions regarding the killing of certain birds or animals from an aircraft.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
    Section 1. That § 41-8-39 be amended to read:
    41-8-39. No It is a Class 1 misdemeanor for any person may intentionally kill to:
            (1)    Kill or attempt to kill any wild bird or animal from any an aircraft while in flight within this state nor may any person use any, except as otherwise provided for in § 41-8-39.1; or
            (2)    Use an aircraft for the purpose of hunting, taking, concentrating, driving, rallying, stirring up, locating, or spotting for any persons. Any person who, while in flight in an aircraft of any type, kills or attempts to kill any game bird or game animal or uses such aircraft for the purpose of hunting, taking, concentrating, driving, rallying, stirring up, spotting, or locating game birds or game animals for any persons, is guilty of a Class 1 misdemeanor any wild bird or animal, except that the prohibition in this

subdivision does not apply to a person who uses a drone for the purpose of locating or spotting a predator or varmint, provided:

            (a)    The activity occurs only on or over land that is privately owned;
            (b)    The person operating the drone is the landowner or has permission from the landowner or a lessee; and
            (c)    The activity does not occur during the months of September, October, or November.

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