An Act to authorize the use of crossbows by certain hunters.
Be it enacted by the Legislature of the State of South Dakota:
Section 1. That 41-8-31 be AMENDED:
41-8-31. Hunting methods--Restrictions--Exceptions Penalty.
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:
(a) Birds
trained in
falconry
or with bow;
(b) Bow and arrow; or
(c) A crossbow having a draw-lock device, if the person is over sixty;
(1A)(2)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)(3) 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)(4) 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)(5)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)(6) A
person with a permanent or temporary disability,
as defined
described
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.
Section 2. That 41-8-31.1 be AMENDED:
41-8-31.1. Hunting big game Crossbow permitted.
The
provisions of Notwithstanding
41-8-31
notwithstanding, any:
(1) 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;
and
(2) Any person who is over the age of sixty and holds a license to take a big game animal during the archery season may take the animal by using a crossbow having a draw-lock device in lieu of a bow and arrow.
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.