CHAPTER 223

(HB 1209)

Hunting by using artificial lights restricted.


         ENTITLED, An Act to  revise certain restrictions on the use of artificial lights to hunt or locate wild animals.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:

     Section  1.  That chapter 41-8 be amended by adding thereto a NEW SECTION to read as follows:

     Except as provided for by the provisions of §  41-8-17, between 10 p.m. and sunrise, from September first to January thirty-first, inclusive, no person may cast the rays of a spotlight or other artificial light except headlights in any field, pasture, woodland, forest, or prairie to spot, locate, take, or attempt to take any wild animal except to take raccoons under the provisions of §  41-8-17. It is not a violation of this section for a landowner or occupant and one guest to use a spotlight or other artificial light on the owner's or occupant's land, or for any person employed by the Department of Game, Fish and Parks to use night vision equipment or artificial lights while in the performance of the person's duty. Any violation of this section is a Class 2 misdemeanor.

     Section  2.  The provisions of this Act are repealed on July 1, 2005.

     Certified March 19, 2003.

    CODE COUNSEL NOTE: This bill was certified in accordance with section 4 of Article 4 of the Constitution of the State of South Dakota.

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