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21


The South Dakota Game Fish and Parks Department reminds hunters about several road-hunting laws:[BN2]

1. No person may hunt a road right-of-way within 660 feet of schools, churches, occupied dwellings and livestock. Neither the person discharging the firearm nor the small-game animal being shot at may be within the 660-foot safety zone.

2. While hunting a highway or public right-of-way, hunters may shoot small game (except doves) and waterfowl that take flight or originate from a public right-of-way or highway . The hunter must be within the right-of-way and the game must have taken flight from within or be flying over the right-of-way. The public right-of-way along a section line or other highway is open for hunting if: the right-of-way has been commonly used by the public for vehicular travel, as demonstrated by the existence of a well worn trail or an intentional alteration or adaptation has been made to the right-of-way to enhance the natural terrain's utility for vehicular travel or to permit vehicular travel where it was not possible before. Remember that fences are not always on a right-of-way boundary or sometimes there is no fence. Most section line rights-of-way are 66-feet wide.

3. People must park or stop their vehicles as far to the right-hand side of the road as possible.

4. If the person who discharges a firearm is more than 50 yards from the vehicle, the doors on the side of the vehicle nearest to the roadway must be closed, but the engine may remain running.

5. If the person who discharges the firearm is less than 50 yards, all of the doors of the vehicle must be closed and the engine must be turned off.

6. It is NOT legal to shoot small game and waterfowl that take flight from a public right-of-way over a Federal Refuge or Indian Tribal Trust Land. If a state-licensed hunter shoots at a bird across the fence of either of those lands, the hunter may be subject to arrest by a U.S. Fish and Wildlife Service officer.

7. No person may discharge a firearm, muzzleloader, crossbow, or bow and arrow at any big-game animal, except turkeys, from within the right-of-way of an improved public highway. [BN3] Turkeys may be taken with a shotgun using shotshells or with a bow and arrow within the right-of way.

1. A person may not discharge a firearm or other weapon across from any Black Hills National Forest system road.

8. Any person while hunting a road right-of-way who negligently endangers another person or puts that person in fear of imminent serious bodily harm is guilty of a Class 1 misdemeanor.

9. When in doubt, don't shoot.
 

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