South Dakota § 41-8-39 Use of aircraft in hunting prohibited--Exception--Violation as misdemeanor.

South Dakota Statutes

§ 41-8-39 — Use of aircraft in hunting prohibited--Exception--Violation as misdemeanor.

South Dakota § 41-8-39

Title 41GAME, FISH, PARKS AND FORESTRY

Ch. 41HUNTING AND TRAPPING SEASONS AND METHODS

This text of South Dakota § 41-8-39 (Use of aircraft in hunting prohibited--Exception--Violation as misdemeanor.) is published on Counsel Stack Legal Research, covering South Dakota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

S.D. Codified Laws § 41-8-39 (2026).

Text

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

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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.

Legislative History

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.