No It is a Class 1 misdemeanor for any person may intentionally kill to: (1)Kill or attempt to kill any wild bird or animal from any an aircraft while in flight within this state nor may any person use any, except as otherwise provided for in § 41-8-39.1; or (2)Use an aircraft for the purpose of hunting, taking, concentrating, driving, rallying, stirring up, locating, or spotting for any persons. Any person who, while in flight in an aircraft of any type, kills or attempts to kill any game bird or game animal or uses such aircraft for the purpose of hunting, taking, concentrating, driving, rallying, stirring up, spotting, or locating game birds or game animals for any persons, is guilty of a Class 1 misdemeanor any wild bird or animal, except that the prohibition in this 100 copies were printed on recycled paper by the South DakotaLegislative Research Council at a cost of $.167 per page.v Insertions into existing statutes are indicated by underscores.Deletions from existing statutes are indicated by overstrikes. - 2 -HB 1073 subdivision does not apply to a person who uses an aircraft for the purpose of locating or spotting a predator or varmint, as defined in § 41-1-1, during the period of January first to September thirtieth, and during the month of December.3