An Act to authorize the use of crossbows by senior resident hunters.

Be it enacted by the Legislature of the State of South Dakota:

Section 1. That § 41-6-10 be AMENDED:

41-6-10. Licenses, permits, and stamps issued under this title are classified as follows:

(1) Disabled hunter permit;

(2) Export bait dealer license;

(2A)(3) Fall three-day temporary nonresident waterfowl license;

(3)(4) Fur dealer's license;

(4)(5) Hoop net, trap, or setline license;

(5)(6) License for breeding and domesticating animals and birds;

(6)(7) Resident license to take fur-bearing animals;

(6A)(8) Reciprocal nonresident license to take fur-bearing animals;

(7)(9) Nonresident big game license;

(8)(10) Nonresident fishing license;

(9)(11) Nonresident predator/varmint license;

(10) Repealed by SL 1999, ch 213, § 3.

(11)(12) Nonresident retail bait dealer license;

(12)(13) Nonresident shooting preserve license;

(13)(14) Nonresident small game license;

(14)(15) Nonresident and resident migratory bird certification permit;

(15)(16) Nonresident wholesale bait dealer license;

(16)(17) Nonresident wild turkey license;

(17)(18) Nursing facility group fishing license;

(18)(19) Park user's license;

(19)(20) Permit for transportation of big game animal;

(20)(21) Private fish hatchery license;

(21)(22) Resident big game license;

(22)(23) Resident elk license;

(23)(24) Resident fishing license and resident senior fishing license;

(24) Repealed by SL 1999, ch 213, § 3.

(25) Resident retail bait dealer license;

(26) Resident small game license and resident youth small game license;

(27) Resident predator/varmint license;

(28) Resident wholesale bait dealer license;

(29) Resident wild turkey license;

(30) Scientific collector's license;

(31) Senior-hunter crossbow permit;

(32) Special nonresident waterfowl license;

(32) Repealed by SL 1999, ch 213, § 3.

(33) Taxidermist's license;

(33A)(34) Spring snow goose temporary nonresident license;

(33B)(35) Early fall Canada goose temporary nonresident license; and

(34)(36) Temporary fishing and hunting licenses.

The rights and privileges of such licensees are set forth in §§ 41-6-12 to 41-6-45.1, inclusive, and in § 41-17-13.

The Game, Fish and Parks Commission shall promulgate rules, pursuant to chapter 1-26, to set the fees, eligibility, and duration for such licenses.

Section 1. That § 41-8-31 be AMENDED:

41-8-31. 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 and arrow;

(b) Bow and arrow; or

(c) A crossbow, equipped with a draw-lock device, if:

(i) The the person is a resident of this state and at least sixty-five years of age; and

(ii) In possession of a senior-hunter crossbow permit, issued by the department;

(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 in subdivision (2) ofdescribed in 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. 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 holds a license to take a big game animal during archery season may take the animal by using a crossbow, in lieu of any other legal bow, if:

(a) The the person is a resident of this state and at least sixty-five years of age; and

(b) In possession of a senior-hunter crossbow permit, issued by the department.

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 must have at least one hundred twenty-five pounds pull and have a working mechanical safety.