Drones

Mark W

Mark W

Well-known member
Anyone know what the ruling is on using drones over places where motorized vehicles are not allowed ON the land or water?. Guy I know has one and is planning to use to do some scouting of duck spots before he walks to the place. I thought it illegal but couldn't find anything specific to the legality of something flying over one of these areas. Planes do it all the time.

Mark
 
you can only fly one a short distance from the operator - and if its public land- i would verify the legality with the state or federal authority in control

i would be surprised - and would expect them to fall into the harassing wild life category



i have been thinking about using one (on private land) to get a birds eye view of our boat blind
 
Here is what I can find. I can find all sorts of laws around not being able to use drones to harass a hunter. Not much on scouting. Here is what I have found:


WI State DNR – Hunting & Fishing Restrictions
Use of Devices
It is illegal to:
Hunt any animal with the aid of any aircraft, including unmanned aircraft and drones;

So a DNR guy could say scouting is aiding a hunter. I can see this argument during hunting season holding up but if not during hunting season I don't think it would. The operator could just say he was photographing ducks which is legal. Or just say e was flying fr fun and nothing duck related.

Also found this.

SECTION 1. 114.04 of the statutes is amended to read:
114.04 Flying and landing, limitations. Subject to s. 175.55, and except as provided in s. ss. 114.045 and 942.10, flight of or in aircraft or spacecraft over the lands and waters of this state is lawful, unless at such a low altitude as to interfere with the then existing use to which the land or water, or the space over the land or water, is put by the owner, or unless so conducted as to be imminently dangerous or damaging to persons or property lawfully on the land or water beneath. The landing of an aircraft or spacecraft on the lands or waters of another, without the person’s consent, is unlawful, except in the case of a forced landing. For damages caused by a forced landing, however, the owner or lessee of the aircraft or spacecraft or the aeronaut or astronaut shall be liable, as provided in s. 114.05.

So it appears you can legally fly over private property if I read this correctly.

As all things, vagueness tends to rule here.

Mark
 

It doesn’t explicitly say you can’t scout but still gives them ground to do something. #3 and #7

Illegal Hunting Methods
No persons shall take migratory game birds:
With a trap, snare, net, rifle, pistol, swivel gun, shotgun larger than 10 gauge, punt gun, battery gun, machine gun, fish hook, poison, drug, explosive, or stupefying substance;
  1. With a shotgun of any description capable of holding more than three shells, unless it is plugged with a one-piece filler, incapable of removal without disassembling the gun, so its total capacity does not exceed three shells.
  2. From or by means, aid, or use of a sinkbox or any other type of low floating device, having a depression affording the hunter a means of concealment beneath the surface of the water;
  3. From or by means, aid, or use of any motor vehicle, motor-driven land conveyance, or aircraft of any kind, except that paraplegics and persons missing one or both legs may take from any stationary motor vehicle or stationary motor-driven land conveyance;
  4. From or by means of any motorboat or other craft having a motor attached, or any sailboat, unless the motor has been completely shut off and/or the sails furled, and its progress there from has ceased;
  5. By the use or aid of live birds as decoys; although not limited to, it shall be a violation of this paragraph for any person to take migratory waterfowl on an area where tame or captive live ducks or geese are present unless such birds are and have been for a period of 10 consecutive days prior to such taking, confined within an enclosure which substantially reduces the audibility of their calls and totally conceals such birds from the sight of wild migratory waterfowl;
  6. By the use or aid of recorded or electrically amplified bird calls or sounds, or recorded or electrically amplified imitations of bird calls or sounds.
  7. By means or aid of any motor driven land, water, or air conveyance, or any sailboat used for the purpose of or resulting in the concentrating, driving, rallying, or stirring up of any migratory bird.
  8. By the aid of baiting, or on or over any baited area, where a person knows or reasonably should know that the area is or has been baited.
 
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I am pretty sure that this has been covered on other form s... In the end most agree it is legal.

A drone has nothing to do with hunting any more than binocs... Especially if you are scouting about out of season. Harrassing birds... Well if you are chasing them ...

In the end...if there is not a law providing for the use of drones (for or against) the opinion of the game warden and judge are the only opinion that will matter.
 
I would say you could probably use one for wildlife
Photography. A birding tool. You would have to actually corral,
harrass, or actually attempt to kill a bird for it to be considered
himting with a drone
 
In my limited experience of flying my drone around before the season last year you'd have to get really close to waterfowl for them to even notice. Brant didn't seem to give a bit of concern to it.
 
The simple act of flying over property is not controlled by the property owner. It is controlled by the FAA. In PA you can not launch a drone from state game lands but the Game Commission can not prevent you from flying over game lands. Now if it is determined that you are harassing wildlife or aiding in the hunt, it is a violation. Where scouting falls into that would depend on when your scouting. I would say if you fly over a pothole to decide if you’re going to go hunt it now, I would say that is aiding the hunt. Most states that have laws concerning aerial scouting require waiting 24 hours before hunting.
 

The March 2018 issue of Consumer Reports has a review and info about Drones worth checking out.



No info at all about how much lead...
 
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