Authorize a change in bullet diameter for use in taking certain animals.
SB 78 amends South Dakota law governing nighttime hunting and animal-taking methods. The bill keeps the general prohibition on using night-vision equipment or artificial light to spot or hunt animals between sunset and sunrise, but it preserves and clarifies several exceptions for specific species and circumstances. Those exceptions allow the use of handheld light for treed raccoons and trapping, and allow night-vision equipment for taking certain nuisance or fur-bearing animals such as jackrabbits, coyotes, beaver, foxes, raccoons, opossums, badgers, skunks, and rodents under defined conditions on public land, private land enrolled for public access, and private land. It also authorizes Department of Game, Fish and Parks employees to use night-vision equipment and artificial light while performing animal damage control with landowner permission.
The bill’s key substantive change is the bullet-diameter standard for firearms used in these nighttime take provisions. Under the amended law, a person may use a firearm with a cartridge having a bullet diameter of less than .312 inches, rather than a different prior standard, when taking the listed animals in the circumstances described in the statute. The bill also defines “artificial light” and “night-vision equipment,” and retains the existing penalty that a violation of the section is a Class 2 misdemeanor. In practical terms, the measure adjusts the equipment rules for certain predator and nuisance-animal control activities while leaving the broader nighttime hunting restrictions in place.
The bill appears to have been received very favorably in the legislative process. The recorded votes were overwhelmingly supportive, including unanimous or near-unanimous committee and floor votes, with one recorded dissenting vote on the House floor. There is no committee transcript provided, but the voting history suggests broad agreement across both chambers and little controversy in formal proceedings.
Any contention likely centers on wildlife management, hunting methods, and the balance between animal control and restrictions on nighttime hunting. Supporters likely viewed the bill as a practical update for hunters, landowners, and game management personnel dealing with coyotes and other nuisance species, while any opposition may have concerned the use of night-vision equipment and artificial light, or the expansion of firearm specifications for nighttime take. The final vote pattern indicates that such concerns were limited and did not prevent passage.
SB 78 amends South Dakota Codified Law § 41-8-17, which regulates the use of night-vision equipment and artificial light for hunting or taking animals at night. It changes the firearm allowance for certain listed animals to a cartridge with a bullet diameter of less than .312 inches and preserves exceptions for raccoons, trapping, public-access lands, private lands, and Department of Game, Fish and Parks animal damage control. The bill affects hunters, landowners, trappers, and wildlife officers by clarifying when nighttime take is lawful and by maintaining the Class 2 misdemeanor penalty for violations.
The overall sentiment around SB 78 was strongly positive and largely noncontroversial. The bill advanced with broad bipartisan support in committee and on the floor, with votes of 7-0, 35-0, 13-0, and 68-1. That voting pattern indicates general agreement that the bill was a reasonable update to existing wildlife and hunting regulations, with only minimal opposition.
The main points of contention are likely the use of night-vision equipment and artificial light for hunting, and the policy choice to allow a firearm with a bullet diameter of less than .312 inches for taking certain animals at night. Those who may have objected would likely have been concerned about hunting ethics, enforcement, or the expansion of nighttime take methods. Supporters, including hunters, landowners, and wildlife management interests, likely favored the bill as a targeted tool for controlling nuisance animals and clarifying lawful methods.