Air Battle Continues as New Mexico Bans Drones for Hunting

Jul 2, 2014
Editor's Note: Today's update on the use of UAVs, drones or whatever you choose to call the small radio-controlled flying machines, first appeared in our companion service The Archery Wire.


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New Mexico became the fourth state last week to prohibit the use of Unmanned Aerial Vehicles (UAVs) for hunting and game scouting, as other agencies and lawmakers across the country examine the potential uses - legitimate and otherwise - of so-called drones by those in the outdoor community.

In a 5-1 vote June 26, the New Mexico Game Commission approved a proposal prohibiting the use drones to locate game, to harass a game animal or to hunt a protected species within 48 hours of observation with a drone.

Under the new rule, "drones can't be used for looking for game, locating it, seeing where they are," said commission vice-chair Bill Montoya. "We've got what we call fair chase, and I think we're getting to the point where using drones and so forth doesn't give the animals a chance. It's not sportsmanlike."

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.

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.

Meanwhile, a pair of bills introduced in the Pennsylvania State House and Senate would prohibit the use of UAVs to disrupt or otherwise interfere with the legal activities of hunting, fish and boating in the Keystone State. But Travis Lau, a spokesman for the Pennsylvania Game Commission, said the agency believes the use of drones to interfere with hunting may already be covered under existing law that addresses hunter harassment. 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.

Also this year, the country's two primary big game record-keeping groups, the Boone & Crockett Club and Pope & Young Club, publicly announced they would not accept entries of game animals hunted with the aid of drones.

And on June 20, National Park Service Director Jonathan B. Jarvis signed a temporary policy memorandum that directs superintendents nationwide to prohibit launching, landing, or operating unmanned aircraft on all lands and waters administered by the National Park Service. Jarvis said the next step will be to propose a Servicewide regulation regarding unmanned aircraft. That process can take considerable time, depending on the complexity of the rule, and includes public notice of the proposed regulation and opportunity for public comment.

"We embrace many activities in national parks because they enhance visitor experiences with the iconic natural, historic and cultural landscapes in our care," Jarvis said. "However, we have serious concerns about the negative impact that flying unmanned aircraft is having in parks, so we are prohibiting their use until we can determine the most appropriate policy that will protect park resources and provide all visitors with a rich experience."

Prior to the Park Service memorandum, some individual parks had already banned UAV use. On May 2, NPS announced the immediate prohibition of drones in the airspace above Yosemite National Park in California after complaints from park visitors and safety concerns.

In April, visitors at Grand Canyon National Park gathered for a quiet sunset, only to be interrupted by a loud unmanned aircraft flying back and forth and eventually crashing in the canyon. Later in the month, volunteers at Zion National Park witnessed an unmanned aircraft disturb a herd of bighorn sheep, reportedly separating adults from young animals.

As the use of UAVs equipped with high-tech miniature cameras and other devices becomes more widespread and they become more affordable, watch for their civilian use to attract continued scrutiny and regulation in the outdoors.

-J.R. Absher
Editor, The Archery Wire