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.
Structure South Dakota Codified Laws
Title 41 - Game, Fish, Parks and Forestry
Chapter 08 - Hunting And Trapping Seasons And Methods
Section 41-8-6 - License required to hunt big game--Violation.
Section 41-8-7 - Each violation of big game hunting restrictions as separate offense.
Section 41-8-10 - Minimum caliber of muzzle loading big game ammunition--Violation as misdemeanor.
Section 41-8-12 - Automatic weapon prohibited in hunting game--Violation as misdemeanor.
Section 41-8-15 - Dogs prohibited in hunting big game--Exceptions--Violation.
Section 41-8-16 - Use of salt to attract big game prohibited.
Section 41-8-19 - Trapping of fur-bearing animals prohibited--Exceptions--Violation as misdemeanor.
Section 41-8-20 - Open seasons on fur-bearing animals.
Section 41-8-23 - Killing of mink, muskrats, and beavers causing damage.
Section 41-8-24.1 - Shooting of muskrats under certain conditions.
Section 41-8-25 - Maximum number of traps--Disturbance of muskrat houses--Violation as misdemeanor.
Section 41-8-26 - Counties in which muskrat restrictions not applicable.
Section 41-8-28 - Trap robbing or injury as misdemeanor.
Section 41-8-31 - Hunting methods restricted--Violation as misdemeanor.
Section 41-8-31.1 - Use of crossbow for hunting big game during firearm season.
Section 41-8-36 - Use of motorboats in hunting prohibited--Exceptions--Violation as misdemeanor.
Section 41-8-39 - Use of aircraft in hunting prohibited--Exception--Violation as misdemeanor.
Section 41-8-39.2 - Contracts with aerial hunters of foxes and coyotes.
Section 41-8-41 - Wearing of fluorescent orange by certain hunters--Violation as misdemeanor.
Section 41-8-42 - Prairie dog shooting season open year-round.
Section 41-8-43 - Limit of small game taken by hunting party--Exceptions.