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.