Changes to Existing Law
SB201 — Authorize the use of a drone for the location and recovery of mortally wounded deer and elk and to provide a penalty therefor.
2 sections modified+544-198
View:
§ 41-8
New Section+404
NEW SECTION added to Chapter 41-8
A hunter may engage a pilot to use a drone for the purpose of locating and recovering a deer or an elk if: (1) The deer or elk was mortally wounded by the hunter or the hunter reasonably believes that the deer or elk was mortally wounded, while the hunter was lawfully engaged in the hunt; and (2) The hunter reasonably believes that the deer or elk cannot be located by commonly used tracking methods. 5
§ 41-8-39
Amended+140-198
Section 41-8-39 — AMENDED
41-8-39. 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 location and recovery purposes, in accordance with the provisions of sections and of this Act, or 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. Source: 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. 20