A permittee may aerial hunt only in the counties permitted in the contract. A permittee may not aerial hunt upon or over any private land or any state or federal land, except as authorized by a department representative or as otherwise provided for in this chapter.
A permittee may aerial hunt upon or over land owned or managed by the Office of School and Public Lands, without prior authorization by a department representative except that such land is closed to aerial hunting for four consecutive days beginning three days prior to the opening day of any local prairie elk, antelope, or deer firearm hunting season, as provided in article 41:06. For purposes of this section, the phrase, deer firearm hunting season, does not include the mentored, youth, or apprentice deer season, as provided for in chapter 41:06:44 or seasons restricted to the use of muzzleloading rifles, as provided for in chapters 41:06:36 and 41:06:45. A landowner pilot who has obtained a permit from the department may aerial hunt land the pilot owns or leases, including land leased from the Office of School and Public Lands, and up to four miles onto any contiguous private land or land leased from the Office of School and Public Lands, with written permission of the respective owner or lessee of the contiguous land. No contact with the department for authorization is necessary.
S.D. Admin. R. 41:08:06:06
General Authority: SDCL 41-2-18(2)(14), 41-8-39.1.
Law Implemented: SDCL 40-36-9, 41-2-18(2)(14), 41-8-39.1, 41-8-39.2.