25.563.10 100th Legislative Session 78
2025 South Dakota Legislature
Senate Bill 78
ENROLLED
AN ACT
ENTITLED An Act to authorize a change in bullet diameter for use in taking certain
animals.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That ยง 41-8-17 be AMENDED:
41-8-17. Between sunset and sunrise, no person may use or possess night-vision
equipment or throw or cast the rays of a spotlight, motor vehicle headlight, or other
artificial light onto a highway, or into any field, pasture, woodland, forest, or prairie, for
the purpose of spotting, locating, taking, attempting to take, or hunting any animal, if the
person is in possession or control of a firearm, bow, or other implement by which an
animal could be killed. The prohibitions set forth in this section do not apply to a law
enforcement officer in the performance of the officer's duties.
Notwithstanding the prohibitions set forth in this section:
(1) A person may use a handheld light, while the person is on foot, to:
(a) Take raccoons after the raccoons have been treed by dogs; or
(b) Engage in trapping activity and take trapped fur-bearing animals;
(2) From January first to August thirty-first, inclusive, a person may use night vision
equipment, but not artificial light, to take jackrabbits, coyotes, beaver during its
hunting season, foxes, raccoons, opossums, badgers, skunks, and rodents,
provided the person is on public land and uses:
(a) A shotgun and shotshells; or
(b) A firearm and a cartridge having a bullet diameter of less than .312 inches;
(3) From January first to August thirty-first, a person may use night vision equipment,
but not artificial light, to take jackrabbits, coyotes, beaver during its hunting
season, foxes, raccoons, opossums, badgers, skunks, and rodents, provided the
person is on private land that is under lease to the Department of Game, Fish and 25.563.10 2 78
SB78 ENROLLED
Parks for the purpose of providing public access, has the permission of the
landowner, and uses:
(a) A shotgun and shot shells; or
(b) A firearm and a cartridge having a bullet diameter of less than .312 inches;
(4) A person may use night vision equipment and artificial light to take jackrabbits,
coyotes, beaver during its hunting season, foxes, raccoons, opossums, badgers,
skunks, and rodents, provided the person is on private land, and uses:
(a) A shotgun and shot shells; or
(b) A firearm and a cartridge having a bullet diameter of less than .312 inches;
and
(5) An employee of the Department of Game, Fish and Parks may, while performing
animal damage control, use night-vision equipment and artificial lights, provided
the employee obtains permission from the person owning or occupying the land
prior to taking an animal that is causing damage.
For purposes of this section, artificial light, means a man-made light or lighting
device that projects lumination for an unaided eye.
For purposes of this section, night-vision equipment, means an electronic or
battery-powered device that enhances a person's ability to see in the dark.
A violation of this section is a Class 2 misdemeanor. 25.563.10 3 78
SB78 ENROLLED
An Act to authorize a change in bullet diameter for use in taking certain animals.
I certify that the attached Act originated in
the:
Senate as Bill No. 78
Secretary of the Senate
President of the Senate
Attest:
Secretary of the Senate
Speaker of the House
Attest:
Chief Clerk
Senate Bill No. 78
File No. ____
Chapter No. ______
Received at this Executive Office
this _____ day of _____________,
2025 at ____________M.
By
for the Governor
The attached Act is hereby
approved this ________ day of
______________, A.D., 2025
Governor
STATE OF SOUTH DAKOTA ,
ss.
Office of the Secretary of State
Filed ____________, 2025
at _________ o'clock __M.
Secretary of State
By
Asst. Secretary of State