Kentucky bans drones from being used to take fish or wildlife

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Kentucky is banning the use of aircraft or unmanned aircraft, like drones, in hunting and fishing, under a new state regulation.

This story was originally published by the Kentucky Lantern.

Kentucky is banning the use of aircraft or unmanned aircraft, like drones, for hunting and fishing.

The Kentucky Department of Fish and Wildlife Resources said the new regulation, which went into effect earlier this month, bans people from using aircraft or unmanned aircraft systems “to fish, hunt or take wildlife or to drive or herd any wildlife for the purpose of fishing, hunting or taking” or “to harass any wildlife.” 

Lawmakers on the Interim Joint Committee on Natural Resources and Energy approved the regulation on Oct. 16. 

The department’s definition of “take” means to “pursue, shoot, hunt, wound, catch, kill, trap, snare or capture wildlife in any way and any lesser act designed to lure, attract or entice for these purposes; and to place, set, aim, or use any device, animal, substance or agency which may reasonably be expected to accomplish these acts; or to attempt to do these acts or to assist any other person in the doing of or the attempt to do these acts.” 

“This regulation will provide guidance regarding the use of aircraft, including drones, while hunting, fishing or participating in other outdoor activities,” Maj. David Marques, of the Kentucky Department of Fish and Wildlife Resources Law Enforcement Division, in a statement. “It will also provide a framework for our wardens to work within when investigating and enforcing potential violations. This regulation has been needed for some time, and we are happy to finally have it in place.”

Aircraft or unmanned aircraft systems can still be used in some situations, like by Kentucky Fish and Wildlife employees and contractors or agents who are acting on behalf of the agency or by commercial fishers who are locating or removing invasive carp. 

Asked about more clarity on the regulation, like for wildlife photographers who use drones to take images, Public Information Officer Lisa Jackson told the Kentucky Lantern that: “Each situation will be up to the officer to evaluate in the field, but someone flying a drone just to get photographs should not be in violation of any of the language above.”

“Additionally, drone operators are required to follow appropriate FAA (Federal Aviation Agency) guidelines, and be mindful of the location they are visiting as some state and federal properties may have separate and additional restrictions,” she added. 

Across the country, states have different laws about using drones while hunting. Such unmanned aircrafts are illegal for hunting in states including Wisconsin and Colorado. The FAA oversees general federal laws and rules about flying drones.

Kentucky Lantern is part of States Newsroom, a nonprofit news network supported by grants and a coalition of donors as a 501c(3) public charity. Kentucky Lantern maintains editorial independence. Contact Editor Jamie Lucke for questions: info@kentuckylantern.com.

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