Bill would stop drones from interfering with hunting, fishing

Rep. Jeff Essmann, R-Billings, has introduced a bill in the House Fishing, Wildlife and Parks Committee on Feb. 3 that would ban all unmanned aerial devices from harassing people before, during and after they hunt or fish.

House Bill 278 would also prohibit the use of drones to photograph people hunting or fishing in public places without consent, and from using drones above waterways during fishing season.

In March, the Montana Fish and Wildlife Commission enacted a rule against using drones to harass hunters. Other state wildlife and game commissions have banned drones from hunting and fishing practices in Alaska, Colorado and New Mexico.

Under HB 278, harassing a hunter or fisherman with a drone would carry a fine of $300 to $1,000 and up to six months in jail. The fine increases to $500 to $2,000 if the aircraft was used to hunt big game.

Members of the public who testified included a man who claimed he was harassed by a drone while fishing in the Boulder River, a representative of the Montana Newspaper Association who warned about how the bill could interfere with First Amendment rights, and a pilot who warned about the bill contradicting existing Federal Aviation Administration regulations.

Todd Eames, of Billings, who supports the bill, described how he was followed by a drone two years ago when he and his two brothers were fishing in the Boulder River.

“We were standing in the river, probably had been there about three hours, when I look up and about 10 feet above my head was an aerial drone,” Eames said.

The drone hovered above him for about 15 minutes, buzzed over to his brothers and left a short time later, Eames said. He never discovered who owned the device or its intention.

John MacDonald, who opposed the bill on behalf of the Montana Newspaper Association, said the situation Eames described could be construed as harassment. However, the bill’s provision barring photography in public places would violate First Amendment rights, he said.

“There is a very distinct difference between harassing a hunter or fisherman and a legal right in the state of Montana to photograph,” MacDonald said. “When you are engaged in a public activity, and hunting is a public activity, or you are in public, there is no expectation of privacy in a situation like that.”

Chuck Flynn of the Montana Pilots Association said the bill may contradict a rule enacted by the FAA that allows drones to be flown up to 400 feet above ground over private land. Essmann’s bill would prohibit drones from flying above private land without written permission during hunting season.

Under a law passed in February 2012, the FAA is expected to provide further guidelines on drone usage by Sept. 30 of this year. Montana law already prohibits shooting at game from an aircraft and using an aircraft to track wildlife on the same day as hunting it.