CHAPTER 41-8
HUNTING AND TRAPPING SEASONS AND METHODS
41-8-1 41-8-1. Repealed by SL 2006, ch 4, § 1.
41-8-2 Hunting or possession of big game prohibited except as expressly provided--Violation.
41-8-2.1 41-8-2.1. Repealed by SL 1999, ch 209, § 1
41-8-3 41-8-3. Repealed by SL 1984, ch 273, § 72
41-8-4 41-8-4. Repealed by SL 1983, ch 299, § 2
41-8-5 Repealed by SL 2012, ch 201, § 3.
41-8-6 License required to hunt big game--Violation.
41-8-7 Each violation of big game hunting restrictions as separate offense.
41-8-8 41-8-8. Repealed by SL 1979, ch 283, § 1
41-8-9 41-8-9. Repealed by SL 1993, ch 314, § 1
41-8-9.1 41-8-9.1. Repealed by SL 1979, ch 283, § 3
41-8-10 Minimum caliber of muzzle loading big game ammunition--Violation as misdemeanor.
41-8-11 Maximum number of cartridges in self-loading firearm used to hunt big game--Violation as misdemeanor.
41-8-12 Automatic weapon prohibited in hunting game--Violation as misdemeanor.
41-8-13 Buckshot prohibited in hunting big game--Minimum weight of slug--Violation as misdemeanor.
41-8-14 41-8-14. Repealed by SL 1984, ch 273, § 73
41-8-15 Dogs prohibited in hunting big game--Exceptions--Violation.
41-8-16 Use of salt to attract big game prohibited.
41-8-17 Night-vision equipment and artificial light in hunting--Prohibitions--Exceptions--Violation as misdemeanor.
41-8-17.1 Spotlighting and artificial lighting--Prohibitions--Exceptions--Violation as misdemeanor.
41-8-18 Big game hunting violation as misdemeanor--Additional penalty on conviction for hunting or taking big game during nighttime, closed season, or without license.
41-8-18.1 41-8-18.1. Repealed by SL 1991, ch 337, § 49
41-8-19 Trapping of fur-bearing animals prohibited--Exceptions--Violation as misdemeanor.
41-8-20 Open seasons on fur-bearing animals.
41-8-21 Possession of raw furs after close of season--Furs checked with conservation officer--Violation as misdemeanor.
41-8-22 41-8-22. Repealed by SL 2007, ch 240, § 4.
41-8-23 Killing of mink, muskrats, and beavers causing damage.
41-8-24 Prohibited methods of hunting mink, muskrats and beavers--Violation as misdemeanor.
41-8-24.1 Shooting of muskrats under certain conditions.
41-8-25 Maximum number of traps--Disturbance of muskrat houses--Violation as misdemeanor.
41-8-26 Counties in which muskrat restrictions not applicable.
41-8-27 41-8-27. Repealed by SL 1984, ch 273, § 75
41-8-28 Trap robbing or injury as misdemeanor.
41-8-29 Cancellation of trapping license on conviction--New license prohibited for two years.
41-8-30 41-8-30. Repealed by SL 1984, ch 273, § 76
41-8-31 Hunting methods restricted--Violation as misdemeanor.
41-8-31.1 Use of crossbow for hunting big game during firearm season.
41-8-32 41-8-32. Repealed by SL 1993, ch 314, § 2
41-8-32.1 41-8-32.1. Repealed by SL 2019, ch 186, § 1.
41-8-33 41-8-33. Repealed by SL 2000, ch 209, § 4
41-8-34 41-8-34. Repealed by SL 1982, ch 289, § 2
41-8-35 Floating batteries, sink boxes, and similar devices prohibited--Violation as misdemeanor.
41-8-36 Use of motorboats in hunting prohibited--Exceptions--Violation as misdemeanor.
41-8-37 Hunting from motor vehicle prohibited--Exceptions--Promulgation of rules--Misdemeanor.
41-8-37.1 41-8-37.1. Repealed by SL 2015, ch 210, § 3.
41-8-38 41-8-38. Repealed by omission from SL 1969, ch 100
41-8-39 Use of aircraft in hunting prohibited--Exception--Violation as misdemeanor.
41-8-39.1 Aerial hunting of coyotes and fox by occupier of land where loss of animals threatened--Hunting on neighbor's land--Consent or authorization--Contract.
41-8-39.2 Contracts with aerial hunters of foxes and coyotes.
41-8-40 Hunting on boundary waters in violation of laws of adjoining state as misdemeanor--Agreements for reciprocal recognition of licenses and enforcement.
41-8-41 Hunting with firearms--Exterior garment--Fluorescent orange or pink--Penalty.
41-8-42 Prairie dog shooting season open year-round.
41-8-43 Limit of small game taken by hunting party--Exceptions.
41-8-2. Hunting or possession of big game prohibited except as expressly provided--Violation.
Except as otherwise expressly provided, no person may pursue, hunt, take, possess, shoot at, kill, wound, or capture any big game animal within the limits of this state at any time. A violation of this section is subject to § 41-8-18.
Source: SDC 1939, § 25.0701; SL 1941, ch 119; SL 1949, ch 98; SL 1953, ch 111; SL 1959, ch 121; SL 1967, ch 89, § 1; SL 1977, ch 190, § 555; SL 1980, ch 285, § 1; SL 1991, ch 337, § 38.
41-8-5. Repealed by SL 2012, ch 201, § 3.
41-8-6. License required to hunt big game--Violation.
No person may pursue, hunt, take, or kill any big game animal at any time, except persons to whom a big game license has been issued. A violation of this section is subject to § 41-8-18.
Source: SDC 1939, § 25.0702; SL 1943, ch 96; SL 1967, ch 89, § 2; SL 1977, ch 190, § 557; SL 1991, ch 337, § 39.
41-8-7. Each violation of big game hunting restrictions as separate offense.
Each act of pursuing, hunting, or killing any big game animal without a license is a distinct and separate offense; and every act of pursuing, hunting, or killing of any big game animal during the closed season is a distinct and separate offense.
Source: SDC 1939, § 25.0706; SL 1967, ch 89, § 5; SL 2009, ch 206, § 52.
41-8-10. Minimum caliber of muzzle loading big game ammunition--Violation as misdemeanor.
No person may hunt, shoot, shoot at, wound, kill, or pursue any big game animal with any muzzle loading rifle which discharges a projectile the diameter of which projectile is less than forty-four hundredths of an inch. A violation of this section is a Class 2 misdemeanor.
Source: SDC 1939, § 25.0708 as added by SL 1953, ch 112; SL 1977, ch 190, § 560; SL 1979, ch 283, § 4; SL 1991, ch 337, § 41.
41-8-11. Maximum number of cartridges in self-loading firearm used to hunt big game--Violation as misdemeanor.
No self-loading or auto-loading firearm that holds more than six cartridges may be used to hunt, pursue, shoot at, shoot, kill, or wound any of the big game animals of this state. A violation of this section is a Class 2 misdemeanor.
Source: SDC 1939, § 25.0708 as enacted by SL 1945, ch 100; SL 1949, ch 99; SL 1953, ch 112; SL 1991, ch 337, § 42.
41-8-12. Automatic weapon prohibited in hunting game--Violation as misdemeanor.
No firearm that is capable of being operated as a full automatic may be used to hunt, shoot, shoot at, wound, kill, or pursue any of the big game or small game animals of this state. A violation of this section is a Class 2 misdemeanor.
Source: SDC 1939, § 25.0708 as enacted by SL 1945, ch 100; SL 1949, ch 99; SL 1953, ch 112; SL 1991, ch 337, § 43; SL 1993, ch 314, § 3.
41-8-13. Buckshot prohibited in hunting big game--Minimum weight of slug--Violation as misdemeanor.
No buckshot may be used, and no single ball or rifled slug weighing less than one-half ounce may be used in hunting big game animals. A violation of this section is a Class 2 misdemeanor.
Source: SDC 1939, § 25.0708 as enacted by SL 1945, ch 100; SL 1949, ch 99; SL 1953, ch 112; SL 1991, ch 337, § 44.
41-8-15. Dogs prohibited in hunting big game--Exceptions--Violation.
No dog may be used in hunting big game animals except as follows:
(1) A dog may be used in the hunting of mountain lions during established hunting seasons in the manner and under such conditions as provided by rules promulgated by the Game, Fish and Parks Commission pursuant to chapter 1-26; and
(2) A dog that is leashed and under the control of a handler may be used to track and retrieve any big game animal that is wounded or presumed dead, if the handler complies with the conditions and restrictions prescribed in this chapter and the rules promulgated pursuant to this chapter.
A violation of this section is subject to § 41-8-18.
Source: SDC 1939, § 25.0702; SL 1943, ch 96; SL 1967, ch 89, § 2; SL 1991, ch 337, § 45; SL 2003, ch 220, § 2; SL 2013, ch 211, § 1.
41-8-16. Use of salt to attract big game prohibited.
No person may place any salt or salt lick or construct, occupy, or use any screen, blind, or scaffold, or other device at or near any salt or salt lick for the purpose of enticing or baiting big game animals to the same for the purpose of hunting, watching for, or killing of big game. A violation of this section is a Class 2 misdemeanor.
Source: SDC 1939, § 25.0702; SL 1943, ch 96; SL 1967, ch 89, § 2; SL 1991, ch 337, § 46.
41-8-17. Night-vision equipment and artificial light in hunting--Prohibitions--Exceptions--Violation as misdemeanor.
Between sunset and sunrise, no person may use or possess night-vision equipment or throw or cast the rays of a spotlight, motor vehicle headlight, or other artificial light onto a highway, or into any field, pasture, woodland, forest, or prairie, for the purpose of spotting, locating, taking, attempting to take, or hunting any animal, if the person is in possession or control of a firearm, bow, or other implement by which an animal could be killed. The prohibitions set forth in this section do not apply to a law enforcement officer in the performance of the officer's duties.
Notwithstanding the prohibitions set forth in this section:
(1) A person may use a handheld light, while the person is on foot, to:
(a) Take raccoons after the raccoons have been treed by dogs; or
(b) Engage in trapping activity and take trapped fur-bearing animals;
(2) From January first to August thirty-first, inclusive, a person may use night vision equipment, but not artificial light, to take jackrabbits, coyotes, beaver during its hunting season, foxes, raccoons, opossums, badgers, skunks, and rodents, provided the person is on public land and uses:
(a) A shotgun and shotshells; or
(b) A firearm and a cartridge having a bullet diameter of less than .225 inches;
(3) From January first to August thirty-first, a person may use night vision equipment, but not artificial light, to take jackrabbits, coyotes, beaver during its hunting season, foxes, raccoons, opossums, badgers, skunks, and rodents, provided the person is on private land that is under lease to the Department of Game, Fish and Parks for the purpose of providing public access, has the permission of the landowner, and uses:
(a) A shotgun and shot shells; or
(b) A firearm and a cartridge having a bullet diameter of less than .225 inches;
(4) A person may use night vision equipment and artificial light to take jackrabbits, coyotes, beaver during its hunting season, foxes, raccoons, opossums, badgers, skunks, and rodents, provided the person is on private land, and uses:
(a) A shotgun and shot shells; or
(b) A firearm and a cartridge having a bullet diameter of less than .225 inches;
and
(5) An employee of the Department of Game, Fish and Parks may, while performing animal damage control, use night-vision equipment and artificial lights, provided the employee obtains permission from the person owning or occupying the land prior to taking an animal that is causing damage.
For purposes of this section, artificial light, means a man-made light or lighting device that projects lumination for an unaided eye.
For purposes of this section, night-vision equipment, means an electronic or battery-powered device that enhances a person's ability to see in the dark.
A violation of this section is a Class 2 misdemeanor.
Source: SDC 1939, § 25.0702 as added by SL 1943, ch 96; SL 1967, ch 89, § 2; SL 1977, ch 190, § 561; SL 1982, ch 289, § 1; SL 1985, ch 327; SL 1991, ch 337, § 47; SL 1991, ch 341; SL 2000, ch 208, § 1; SL 2014, ch 201, § 1; SL 2016, ch 209, § 1; SL 2018, ch 253, § 1; SL 2020, ch 186, § 1; SL 2022, ch 157, § 1.
41-8-17.1. Spotlighting and artificial lighting--Prohibitions--Exceptions--Violation as misdemeanor.
Except as otherwise provided in § 41-8-17, between 10 p.m. and sunrise, from September first to January thirty-first, inclusive, no person may cast the rays of a spotlight, or any artificial light other than a motor vehicle headlight, into any field, pasture, woodland, forest, or prairie, for the purpose of spotting or locating any wild animal.
Notwithstanding the prohibitions of this section:
(1) A person owning or occupying land and up to two guests may use night-vision equipment, a spotlight, or other artificial light, on the person's land; and
(2) An employee of the Department of Game, Fish and Parks may, while performing the person's duty, use night vision equipment and artificial lights.
For purposes of this section, "artificial light" means a man-made light or lighting device that projects lumination for an unaided eye.
For purposes of this section, "night-vision equipment" means an electronic or battery-powered device that enhances a person's ability to see in the dark.
A violation of this section is a Class 2 misdemeanor.
Source: SL 2003, ch 223, § 1; SL 2005, ch 225, § 1; SL 2020, ch 186, § 2.
41-8-18. Big game hunting violation as misdemeanor--Additional penalty on conviction for hunting or taking big game during nighttime, closed season, or without license.
A violation of § 41-8-2, 41-8-6, or 41-8-15 is a Class 1 misdemeanor for each prohibited act or each big game animal or any part thereof, taken, caught, killed, sold, offered, or exposed for sale, in possession or in possession with intent to sell, shipped by common carrier, or transported to any point inside or outside the state in violation of law. Upon conviction of any person for hunting or taking big game, except wild turkey, during the nighttime, during a closed season or without a license, the court shall impose a fine of not less than two hundred fifty dollars for each animal involved and that person shall have his or her hunting privileges revoked pursuant to §§ 41-6-74.1 and 41-6-74.2. A second or subsequent conviction of any person for hunting or taking big game, except wild turkey, during the nighttime, during a closed season, or without a license is a Class 6 felony. In addition, the court shall revoke that person's hunting privileges for a period of five years.
Source: SDC 1939, § 25.9906; SL 1970, ch 20, § 1 (3); SL 1976, ch 260; SL 1977, ch 190, § 562; SL 1978, ch 158, § 68; SL 1980, ch 285, § 2; SL 1982, ch 289, § 3; SL 1991, ch 337, § 48; SL 2000, ch 208, § 2; SL 2007, ch 242, § 1.
41-8-19. Trapping of fur-bearing animals prohibited--Exceptions--Violation as misdemeanor.
Except as authorized by chapter 41-6 and this chapter, no person may set or operate any trap, hunt, catch, take, trap, or kill any fur-bearing animal. A violation of this section is a Class 2 misdemeanor.
Source: SDC 1939, § 25.0801; SL 1941, ch 121; SL 1947, ch 113; SL 1951, ch 125; SL 1955, ch 86; SL 1959, ch 122; SL 1959, ch 123; SL 1961, ch 122; SL 1976, ch 261, § 2; SL 1991, ch 337, § 50; SL 2012, ch 203, § 1.
41-8-20. Open seasons on fur-bearing animals.
Fur-bearing animals may be hunted, caught, taken, trapped, or killed by the holder of the license provided by § 41-6-23, or by a person specifically exempted from obtaining a license during seasons prescribed by the Game, Fish and Parks Commission. The commission may set the extent of the seasons by rules to that effect adopted pursuant to § 41-2-18. However, the season on fox and coyote shall be open the year around west of the Missouri River and open the year around on coyote only east of the Missouri River.
Source: SDC 1939, § 25.0801; SL 1941, ch 121; SL 1947, ch 113; SL 1951, ch 125; SL 1955, ch 86; SL 1959, ch 122; SL 1959, ch 123; SL 1961, ch 122; SL 1973, ch 264, § 3; SL 1976, ch 261, § 3; SL 1979, ch 277, § 1; SL 1984, ch 273, § 74.
41-8-21. Possession of raw furs after close of season--Furs checked with conservation officer--Violation as misdemeanor.
The raw furs of animals hunted, caught, taken, trapped, or killed pursuant to § 41-8-20 may be had in possession after the close of any season prescribed by § 41-8-20 if they have been checked with a conservation officer within ten days after the close of the season. A violation of this section is a Class 2 misdemeanor.
Source: SDC 1939, § 25.0801; SL 1941, ch 121; SL 1947, ch 113; SL 1951, ch 125; SL 1955, ch 86; SL 1959, ch 122; SL 1959, ch 123; SL 1961, ch 122; SL 1991, ch 337, § 51.
41-8-23. Killing of mink, muskrats, and beavers causing damage.
Mink may be killed at any time if doing damage around buildings but all such mink killed are the property of the state, if taken during the closed season. If muskrat or beaver are injuring irrigation ditches, dams, embankments, or public highways, or causing any other damage to property, the secretary of game, fish and parks may issue a permit to trap or kill such animals at any time. The Game, Fish and Parks Commission may authorize the killing or trapping of beaver upon public lands and game preserves at any time the commission deems necessary.
Source: SDC 1939, § 25.0801; SL 1941, ch 121; SL 1947, ch 113; SL 1951, ch 125; SL 1955, ch 86; SL 1959, ch 122; SL 1959, ch 123; SL 1961, ch 122; SL 2009, ch 206, § 53.
41-8-24. Prohibited methods of hunting mink, muskrats and beavers--Violation as misdemeanor.
No person may hunt any mink or muskrat with the aid of any dog, or dig, disturb, or molest any mink den or beaver house for the purpose of capturing any of these animals. No person may use poison, gas, or smokers of any kind to kill, take, or capture mink, muskrats, or beavers. No person may shoot or spear muskrats at any time except under permit as provided in § 41-8-23 or except as provided in § 41-8-24.1. Any violation of this section is a Class 2 misdemeanor.
Source: SDC 1939, § 25.0801; SL 1941, ch 121; SL 1947, ch 113; SL 1951, ch 125; SL 1955, ch 86; SL 1959, ch 122; SL 1959, ch 123; SL 1961, ch 122; SL 1977, ch 190, § 565; SL 2009, ch 206, § 54; SL 2012, ch 203, § 2.
41-8-24.1. Shooting of muskrats under certain conditions.
Muskrats may be hunted by shooting with rimfire cartridges of .22 caliber or smaller, muzzleloaders of .45 caliber or smaller, shotguns, or legal archery equipment. The Game, Fish and Parks Commission shall promulgate rules pursuant to chapter 1-26 to specify hunting seasons, hunting units, licensing requirements, and other restrictions or requirements for the hunting or taking of muskrats necessary for the proper management of wildlife.
Source: SL 2012, ch 203, § 3.
41-8-25. Maximum number of traps--Disturbance of muskrat houses--Violation as misdemeanor.
No person may molest, injure, or destroy any muskrat house, except in the open season for the taking, catching, or killing of muskrats. However, muskrat houses may, for the purpose of placing traps therein, be opened in such manner as will not destroy, damage, or injure them as a place of habitation for muskrats. A violation of this section is a Class 2 misdemeanor.
Source: SDC 1939, § 25.0801; SL 1941, ch 121; SL 1947, ch 113; SL 1951, ch 125; SL 1955, ch 86; SL 1959, ch 122; SL 1959, ch 123; SL 1961, ch 122; SL 1982, ch 290; SL 1991, ch 337, § 52.
41-8-26. Counties in which muskrat restrictions not applicable.
The provisions of §§ 41-8-24 and 41-8-25 that refer to muskrats do not apply to the counties of Haakon, Jackson, Jones, Lyman, and Stanley.
Source: SDC 1939, § 25.0801 as added by SL 1959, ch 123; SL 1961, ch 122; SL 1977, ch 331; SL 1982, ch 284, § 2.
41-8-28. Trap robbing or injury as misdemeanor.
Any person who steals, damages or destroys a trap of another employed in the manner defined in subdivision 41-1-1(25), or who steals, damages, or destroys animals, animal carcasses, or the pelts thereof, held fast by such traps, is guilty of a Class 1 misdemeanor. A violation of this section is also subject to § 41-8-29.
Source: SL 1964, ch 83, § 1; SL 1977, ch 190, § 566; SL 1983, ch 300; SL 1991, ch 337, § 53; SL 2000, ch 209, § 1.
41-8-29. Cancellation of trapping license on conviction--New license prohibited for two years.
Any person who is found guilty as specified in § 41-8-28 who holds a South Dakota trapping license shall upon conviction deliver the license to the judge pronouncing sentence. The judge shall forward the license to the Department of Game, Fish and Parks. The department shall cancel the license, and no trapping license may thereafter be issued to the guilty person for a period of two years from the date of the conviction.
Source: SL 1964, ch 83, § 2; SL 2009, ch 206, § 55.
41-8-31. Hunting methods restricted--Violation as misdemeanor.
No person may at any time hunt, catch, take, attempt to take, or kill any small game or game animal in any other manner than by shooting the same with a firearm, except:
(1) Game birds and animals may be taken with birds trained in falconry or with bow and arrow;
(1A) Cottontail rabbit, red squirrel, fox squirrel, grey squirrel, and any species defined as a predator/varmint in § 41-1-1 may be taken with an air gun that complies with specifications established by rules promulgated by the Game, Fish and Parks Commission pursuant to chapter 1-26;
(2) A person with a permanent or temporary disability who is missing an upper limb, physically incapable of using an upper limb, or confined to a wheelchair may obtain a disabled hunter permit to use a crossbow or other legal bow equipped with a draw-lock device to take game birds and animals;
(3) A person who is legally blind, is legally licensed, possesses a disabled hunter permit, and is physically present and participates in the hunt but cannot safely discharge a firearm or bow and arrow, may claim game birds and animals taken by a designated hunter in accordance with the license possessed by the hunter who is legally blind;
(3A) A person who is quadriplegic, is legally licensed, possesses a disabled hunter permit, and is physically present and participates in the hunt but cannot safely discharge a firearm or bow and arrow, may claim game birds and animals taken by a designated hunter in accordance with the license possessed by the hunter who is quadriplegic; and
(4) A person with a permanent or temporary disability as defined in subdivision (2) of this section who is legally licensed for a youth big game hunting season, possesses a disabled hunter permit, and is physically present and participates in the hunt but is unable to safely discharge a firearm or bow and arrow, may claim any big game animal taken by a designated hunter in accordance with the youth big game license possessed by the person with a permanent or temporary disability.
A violation of this section is a Class 2 misdemeanor.
Source: SDC 1939, § 25.0412; SL 1941, ch 109; SL 1943, ch 94; SL 1947, ch 111; SL 1953, ch 105; SL 1957, ch 105; SL 1959, ch 116; SL 1963, ch 138; SL 1969, ch 100; SL 1979, ch 283, § 5; SL 1984, ch 274; SL 1986, ch 353; SL 1991, ch 337, § 54; SL 2007, ch 243, § 1; SL 2008, ch 218, § 1; SL 2009, ch 210, § 1; SL 2010, ch 210, § 1; SL 2011, ch 192, § 1.
41-8-31.1. Use of crossbow for hunting big game during firearm season.
The provisions of § 41-8-31 notwithstanding, any person who holds a big game license to take a big game animal during the firearm season may take the animal by using a crossbow in lieu of a firearm. As used in this section, the term, crossbow, means a device for propelling a bolt by means of traverse limbs mounted on a stock and a string. The crossbow may be drawn, held, and released by a mechanical device and shall have at least one hundred twenty-five pounds pull and have a working mechanical safety.
Source: SL 2014, ch 202, § 1.
41-8-35. Floating batteries, sink boxes, and similar devices prohibited--Violation as misdemeanor.
No person may make use of, hunt or shoot from, any floating battery, sink box, or any similar device on any of the waters of this state. A violation of this section is a Class 2 misdemeanor.
Source: SDC 1939, § 25.0414; SL 1967, ch 85, § 5; SL 1969, ch 100; SL 1991, ch 337, § 58.
41-8-36. Use of motorboats in hunting prohibited--Exceptions--Violation as misdemeanor.
No person may make use of, hunt, or shoot from any boat propelled except with oars or paddles, except when a boat or other craft with motor attached is beached, resting at anchor, or fastened within or tied immediately alongside of any type of fixed hunting blind or natural cover, or is used solely as a means of picking up dead or injured birds. A violation of this section is a Class 2 misdemeanor.
Source: SDC 1939, § 25.0414; SL 1967, ch 85, § 5; SL 1969, ch 100; SL 1991, ch 337, § 59.
41-8-37. Hunting from motor vehicle prohibited--Exceptions--Promulgation of rules--Misdemeanor.
No person, who is in or on a motor vehicle, may discharge a firearm or bow and arrow at any wild animals except coyotes, jackrabbits, rodents, skunks, badgers, raccoons, and foxes.
Licensed hunters who are paraplegics or otherwise physically unable to walk with or without crutches, braces, or other mechanical support or who are otherwise considered to be limited or impaired in their ability to walk, and who have been issued a disabled hunter permit by the department, may shoot in fields, woods, or from public roads from a stationary motor vehicle while hunting game animals or game birds in accordance with the conditions of the permit and rules promulgated by the Game, Fish and Parks Commission. The commission shall promulgate rules pursuant to chapter 1-26 to establish the definition of disabled hunter; the eligibility criteria, application, and approval procedures for issuance of a disabled hunter permit; the duration of a permit; and the extent of the permitted shooting activities.
A violation of this section is a Class 2 misdemeanor.
Source: SDC 1939, § 25.0412 as added by SL 1941, ch 109; SL 1943, ch 94; SL 1947, ch 111; SL 1953, ch 105; SL 1969, ch 100; SL 1974, ch 277; SL 1977, ch 190, § 567; SL 1991, ch 337, § 60; SL 1998, ch 260, § 1; SL 2003, ch 224, § 1.
41-8-39. Use of aircraft in hunting prohibited--Exception--Violation as misdemeanor.
It is a Class 1 misdemeanor for any person to:
(1) Kill or attempt to kill any wild bird or animal from an aircraft, 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 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, if:
(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;
(c) The activity does not occur during the months of September, October, or November; and
(d) The operation of the drone is in full compliance with all applicable Federal Aviation Administration regulations.
Source: SDC 1939, §§ 25.0426, 25.9907; SL 1964, ch 78, §§ 1, 2; SL 1967, ch 85, § 10; SL 1973, ch 268, § 1; SL 1977, ch 190, § 569; SL 1997, ch 235, § 2; SL 2019, ch 187, § 1; SL 2020, ch 187, § 1.
41-8-39.1. Aerial hunting of coyotes and fox by occupier of land where loss of animals threatened--Hunting on neighbor's land--Consent or authorization--Contract.
Notwithstanding the provisions of § 41-8-39, any person occupying land as an owner or lessee may apply to the Department of Game, Fish and Parks for a permit to kill or attempt to kill coyotes or foxes from an aircraft to protect or aid in the protection of the owner's or lessee's land, livestock, domesticated animals, or crops, water, wildlife, or human life as permitted under PL 92-159, as amended to January 1, 2004, or § 40-36-9. A permit may not be issued for the purpose of sport hunting. The permit authorizes the owner or lessee, or a person who holds a valid aerial hunting permit issued by the department and who is under contract with the owner or lessee, to kill or attempt to kill coyotes or foxes from the aircraft on the occupied land and up to four miles onto the land of the immediate adjoining neighbor if the owner or lessee has first obtained the written consent of the owner or lessee of the adjoining land. The Game, Fish and Parks Commission shall promulgate rules pursuant to chapter 1-26 to establish the criteria and eligibility of the permittee and conditions under which the permit is granted, number and species of animals to be hunted and killed, location where permitted, reports required of the permittee, and other rules to implement the provisions of this section.
Source: SL 1973, ch 268, § 2; SL 1986, ch 354; SL 1987, ch 305; SL 1989, ch 355; SL 1998, ch 261, § 1; SL 2004, ch 265, § 1.
41-8-39.2. Contracts with aerial hunters of foxes and coyotes.
Notwithstanding the provisions of § 41-8-39, the Department of Game, Fish and Parks may contract with aerial hunters to control foxes and coyotes as permitted under P. L. 92-159 or § 40-36-9 if requested by landowners or tenants.
Source: SL 1973, ch 268, § 3; SL 1978, ch 297, § 1; SL 2009, ch 206, § 56.
41-8-40. Hunting on boundary waters in violation of laws of adjoining state as misdemeanor--Agreements for reciprocal recognition of licenses and enforcement.
The taking of game, including any game bird or any game animal of any kind in any river, lake, or waters forming the boundary line between this and any other state, at any time or in any manner prohibited by the laws of any such adjoining state, is a Class 2 misdemeanor. The Department of Game, Fish and Parks may enter into agreements with the appropriate agencies of bordering states for the purpose of providing for reciprocal recognition of licenses and permits and reciprocal enforcement of regulations pertaining to hunting, fishing, boating, and trapping on the boundary waters and contiguous lands of the states.
Source: SDC 1939, § 25.0423; SL 1945, ch 97; SL 1967, ch 85, § 9; SL 1977, ch 190, § 570; SL 1996, ch 251.
41-8-41. Hunting with firearms--Exterior garment--Fluorescent orange or pink--Penalty.
A person using a firearm to hunt any big game animal, other than a turkey or a mountain lion, shall wear, in a visible manner above the waist, a fluorescent orange or fluorescent pink exterior garment.
For purposes of this section, the term "exterior garment" means a hat, cap, shirt, jacket, vest, coverall, or poncho.
A violation of this section is a Class 2 misdemeanor.
Source: SL 1986, ch 355; SL 1991, ch 337, § 61; SL 2013, ch 212, § 1; SL 2024, ch 173, § 1.
41-8-42. Prairie dog shooting season open year-round.
A prairie dog shooting season is open statewide year-round, with no limitation on shooting hours and no prairie dog daily or possession limits.
Source: SL 2011, ch 193, § 1.
41-8-43. Limit of small game taken by hunting party--Exceptions.
Any of two or more persons who mutually agree to hunt small game as a party and who maintain visual and unaided vocal contact may take more than one daily limit of small game. However, the total number of small game taken by the party may not exceed the aggregate daily limit for all members of the party who are licensed to take and possess small game. In accordance with § 41-6-71, this section does not apply to any big game license or any tag issued as a part of a hunting license nor does this section apply to hunting of migratory birds. The provisions of this section do not apply to any person who hunts small game in more than one party in one day.
Source: SL 2013, ch 213, § 1.
