Grounded: Drone Use Under Scrutiny by Game Agencies, Parks
Editor's Note: "The Drone Issue" just won't go away, and more state agencies are taking actions designed to regulate the small remotely piloted vehicles (RPVs). Today, Archery Wire Editor J.R. Absher updates us on the latest regulatory happenings regarding drones.
Online movies and YouTube postings filmed with the aid of remote-controlled drones seem to be everywhere you look these days. As the aerial and video technology is refined and the units become available to civilians for as little as $1,000, watch for more state and federal agencies to regulate just where and how they may be utilized in the outdoors.
Since the first of the year, game commissions in three major big game hunting states have banned the use of Unmanned Aerial Vehicles (UAVs) for hunting and game scouting, and other states are preparing to address the issue.
In January, the Colorado Parks and Wildlife Commission voted to make Colorado the first state to prohibit civilian use of drones by hunters. Within weeks of Colorado's action, Montana's Fish, Wildlife and Parks Commissioners outlawed drones for use by hunters as part of its 2014-15 hunting regulations. Then, in April, the Alaska Board of Game approved a measure to ban hunting big game with the aid of UAVs, based on its longtime prohibition of same-day airborne hunting, meaning hunters cannot pursue big game animals on the same day they fly-in to a location.
Meanwhile, the New Mexico Game and Fish Commission has scheduled a vote during its regular May meeting on a proposal to make it illegal to use drones to locate game, to harass a game animal or to hunt a protected species with 48 hours of observation with a drone. Further, game agencies in Idaho and Wisconsin have determined drone use is already covered under current prohibitions of aircraft to hunt, to harass hunters or to disturb wildlife.
In addition, state legislatures in Illinois and Tennessee have passed laws prohibiting the use of drones by anti hunters to disrupt or to harass those taking part in legal hunting and fishing activities. Pennsylvania Senate Bill 1332, introduced April 7, would outlaw "us[ing] an unmanned aircraft in a manner that interferes with another person's lawful taking of game or wildlife."
Also this year, the country's two primary big game record-keeping groups, the Boone and Crockett Club and Pope and Young Club, publicly announced they would not accept entries of game animals hunted with the aid of drones.
"(Boone and Crockett) defines fair chase as the ethical, sportsmanlike and lawful pursuit and taking of any free-ranging wild, native North American big game animal in a manner that does not give the hunter an improper advantage over such animals," said Richard Hale, the chairman of the club's big game records committee. "These drones, like all technology, have advanced rapidly. We need to be responsive to the way technology is changing things."
Beyond the subject of hunting, in a brief missive issued Friday, May 2, the National Park Service announced the immediate prohibition of drones in the airspace above Yosemite National Park in California, an indication that similar action in other popular National Parks and public land may be in the works.
Specifically, the Yosemite statement suggested drone use could impact the wilderness experience for visitors, creating an environment that is not conducive to wilderness travel as well as interfere with emergency rescue operations. Additionally, it contended drones may have negative impacts on wildlife nearby the area of use, especially sensitive nesting peregrine falcons on cliff walls.
The Park Service statement noted Yosemite has experienced an increase in visitors using drones within park boundaries in recent years. Drones have been seen filming climbers ascending climbing routes, filming views above treetops, and filming aerial footage of the park.
According to regulations outlined in the Code of Federal Regulations (CFR), the use of drones within the park boundaries is illegal under all circumstances. Thirty Six CFR 2.17(a)(3) states, "delivering or retrieving a person or object by parachute, helicopter, or other airborne means, except in emergencies involving public safety or serious property loss, or pursuant to the terms and conditions of a permit" is illegal.
As summer approaches and millions of Americans head to the parks, mountains and public lands to recreate, watch for the subject of drone use to receive an increased "airing" throughout the year.
- J.R. Absher, The Archery Wire
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