Law Questions

A

atbrdly

New member
I have two SD hunting law questions. I thought i knew but was recently told otherwise. I have also searched the handbook but didn't see it mentioned.

1. Is there a 3 shell limit in your gun for pheasant hunting? In other words do you need a plug?
2. Is there a certain percentage of orange required to be worn while pheasant hunting?

As always thanks for the help! will be making the ~18 hour drive Nov. 6!
 
1. No, But often forgot about during a morning duck hunt!
2. No, But encouraged.
 
the ditch hunting laws get me... says u can shoot at birds well pass shoot birds over the road & retrieve off private land un armed or using a dog... also say if a bird flush from ditch u
can shoot it but if it flush from ditch can u shoot it over private lands??? i dont think so but i seen many guys shooting across fences in ditch but maybe they all had permission to hunt there???

i bringing a friend to sd ill let him ditch hunt if need be... if he get tired i mean lol
 
If the bird flushes between the fences or "fence lines", you can shoot towards private land and unarm retrieve the bird on private land. If the bird flushes on the other side of the fence you can only shoot it if it flies between the fence lines. I emailed SD Game Fish and Parks to get this clarified and this is correct.
 
kuk kuk said:
If the bird flushes between the fences or "fence lines", you can shoot towards private land and unarm retrieve the bird on private land. If the bird flushes on the other side of the fence you can only shoot it if it flies between the fence lines. I emailed SD Game Fish and Parks to get this clarified and this is correct.
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to be clear if bird flushes on my side of fence going away from me into private land i can shoot that bird over private lands... i know i can un armed retrieve or with dog... i dont get how they allow u to shoot a bird flushed in write of way ditch over private lands. . i seen it b4 & thought it was not legal?
 
small munsterlander owner said:
to be clear if bird flushes on my side of fence going away from me into private land i can shoot that bird over private lands... i know i can un armed retrieve or with dog... i dont get how they allow u to shoot a bird flushed in write of way ditch over private lands. . i seen it b4 & thought it was not legal?
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it would make no sense whatsoever to allow ditch hunting if you were governed by airspace......if the bird jumps between the fences along the road, it is legal to shoot it, no matter where it flies.
 
hunter94 said:
it would make no sense whatsoever to allow ditch hunting if you were governed by airspace......if the bird jumps between the fences along the road, it is legal to shoot it, no matter where it flies.
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the way its worded they would rather have u shoot a bird over the road if u r pass shooting ditches not over private land... having the ability to shoot birds inbetween the fences is better then not allowing ditch hunting period ...

thanks for clearing that up hunter94
 
Read page 38 of the 2015 South Dakota Hunting Handbook. It should answer your questions. But specifically, this one sentence states it pretty clear.

Hunters can take only small game (except mourning doves) and waterfowl within the rights-of-way on foot. The hunter must be within the rights-of-way and the game must have taken flight from within or be flying over the rights-of-way.
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Dakotazeb said:
Read page 38 of the 2015 South Dakota Hunting Handbook. It should answer your questions. But specifically, this one sentence states it pretty clear.
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ok if it did not flush from ditch & is just passing over i can only shoot at bird over ditch correct??? or can i keep shooting at it over private lands if its just passing over... very curious...

seen guys bang away at birds flushed from beyond fence on private a few times i see that hapening alot on ditch hunts whos gonna let it fly if it flushes just on other side of fence on private not many ditch hunters im guessing???

i wanna have all questions & rules for my buddy & dad incase im not with them in sd & they road hunt as i hunt else wear etc?
 
ok if it did not flush from ditch & is just passing over i can only shoot at bird over ditch correct???
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Yes, if the bird flushed from the private land you can shoot at it while it passes over the "road right-of-way". Road right-of-way is clearly illustrated on page 38.

or can i keep shooting at it over private lands if its just passing over
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No. Only if it flushed within the road right-of-way. I would say that according to the law if the bird flushes from private land you can shoot at it while it passes over the road right-of-way but you would have to cease shooting once the bird clears the road right-of-way and is again over private land.
 
Dakotazeb said:
Yes, if the bird flushed from the private land you can shoot at it while it passes over the "road right-of-way". Road right-of-way is clearly illustrated on page 38.

No. Only if it flushed within the road right-of-way. I would say that according to the law if the bird flushes from private land you can shoot at it while it passes over the road right-of-way but you would have to cease shooting once the bird clears the road right-of-way and is again over private land.
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got you... thats exactly how i undrrstood the law...

thanks much for the help...
 
And I don't believe the right of way is technically fence post to fence post. I believe it is 33 feet on either side of the middle of the road? Although you are generally safe enough just going fence post to fence post.
 
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