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Another drone recovery

Jackalope

Dignitary Member
Staff member
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I believe the law states that you can't have any hunting implement with you while recovering or scouting deer using a drone or at least that's what I recall reading. Do you know that to be the case? I suppose I can look it up again, but I'm pretty sure that's what I read about a year ago.

You might want to check into that cause I'd hate to see a deer taken away from your friend.

Good stuff though, really!

You can't use an aircraft or drone to aid in hunting. The easiest way to remove any room for doubt is to not have a weapon with you, however that is not the law. Simply having one is not proof enough for it to be upheld. You also can't hunt from a motor vehicle. Does this mean if your driving a quad across the property with a bow that you're in violation? Or driving around looking at deer with your bow in the truck that you're in violation? Of course not. Could a warden accuse you of it and write you a ticket, well yeah but if you fight it he would have to prove that you were actually hunting and not just looking. The same as driving around looking at deer with a bow in the truck. They could write you for hunting from a motor vehicle, however they know dang well they can't prove in court that you were actually hunting. How about when using a dog to recover a deer and you have your bow, is that illegal because you're hunting with a dog? The law is full of gray areas where some asshole could still write you a ticket, that doesn't make it illegal though.
 

Wildlife

Denny
Supporting Member
5,248
191
Ross County, Ohio
This is the article I was referring to...
_____________________________________


Drone use in hunting is illegal in Ohio
March 16, 2015
Jane Beathard Contributing Writer
Columbus — With unmanned remote-controlled aircraft, or drones, becoming more popular and abundant, the Ohio DNR is taking steps to prevent their use in hunting.

“We want to get ahead of the game – so to speak,” said Ken Fitz, the DNR Division of Wildlife’s law enforcement administrator.

Proposed new language for an existing law that prohibits the “use of any aircraft” as a hunting aid will specifically ban the use of drones, including those equipped with cameras.

The Ohio Wildlife Council is expected to approve the new wording in April.

Fitz said no incidents involving drones have been reported in the state. However, it has become an issue elsewhere.

“They are relatively inexpensive now and in some states are being used to ‘drive’ wild animals,” he said.

Ohio law already prohibits aircraft as an aid in pursuing, capturing, or killing wildlife. But many recreational owners and operators don’t understand that drones are actually aircraft.

“The change is more to make it clear than it is to implement anything new,” Fitz said.

It remains legal to use a drone with a GoPro camera to scout hunting territory just as it is legal to use a trail camera for the same purpose.

“You are not actually trying to kill or wound at that time,” Fitz said. “And there’s no implement employed for that purpose.”

However, using the drone as a guide for a shot would be a violation, as would using it to drive animals to another hunter, he said.

For example, flying a drone over a woodlot to search for deer the day before a hunt is legal. But flying that drone over the woodlot to spot and intercept deer while hunting would be illegal.

“If you have a hunting implement with you while using the drone to ‘scout’ territory, (that) would be a violation as well,” Fitz said.

There’s a secondary hazard: Others afield might take offense and shoot at the drone.

“That has happened. I believe it is illegal, but not under (Division of Wildlife) jurisdiction,” Fitz said.

Division of Wildlife biologist Mike Reynolds confirmed researchers at the University of Rio Grande in southern Ohio recently applied to the DNR for a permit to evaluate the effects of drones on white-tailed deer and Canada geese.

“We expect a report from them sometime in the future,” Reynolds said.

The Federal Aviation Administration is developing rules for the commercial use of drones. Google and Amazon have shown interest in developing delivery services via drones. Current federal law prohibits any commercial use of drones.

The FAA classifies small recreational drones as model aircraft and says users should not fly them near manned aircraft or beyond their line of sight.

However, the FAA allows limited use of drones for offshore oil and gas operations in Alaska and on movie sets in populated areas, according to published reports.

Drones on public federal lands present confusing (and sometimes conflicting) rules.

Unmanned aerial aircraft are currently banned in all national parks. But national forests and wildlife areas appear to prohibit unmanned aircraft only from taking off and landing.

Drones cannot be used to harass birds anywhere.

Source: https://www.outdoornews.com/2015/03/16/drone-use-in-hunting-is-illegal-in-ohio/
 
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Jackalope

Dignitary Member
Staff member
38,859
260
This is the article I was referring to...
_____________________________________


Drone use in hunting is illegal in Ohio
March 16, 2015
Jane Beathard Contributing Writer
Columbus — With unmanned remote-controlled aircraft, or drones, becoming more popular and abundant, the Ohio DNR is taking steps to prevent their use in hunting.

“We want to get ahead of the game – so to speak,” said Ken Fitz, the DNR Division of Wildlife’s law enforcement administrator.

Proposed new language for an existing law that prohibits the “use of any aircraft” as a hunting aid will specifically ban the use of drones, including those equipped with cameras.

The Ohio Wildlife Council is expected to approve the new wording in April.

Fitz said no incidents involving drones have been reported in the state. However, it has become an issue elsewhere.

“They are relatively inexpensive now and in some states are being used to ‘drive’ wild animals,” he said.

Ohio law already prohibits aircraft as an aid in pursuing, capturing, or killing wildlife. But many recreational owners and operators don’t understand that drones are actually aircraft.

“The change is more to make it clear than it is to implement anything new,” Fitz said.

It remains legal to use a drone with a GoPro camera to scout hunting territory just as it is legal to use a trail camera for the same purpose.

“You are not actually trying to kill or wound at that time,” Fitz said. “And there’s no implement employed for that purpose.”

However, using the drone as a guide for a shot would be a violation, as would using it to drive animals to another hunter, he said.

For example, flying a drone over a woodlot to search for deer the day before a hunt is legal. But flying that drone over the woodlot to spot and intercept deer while hunting would be illegal.

“If you have a hunting implement with you while using the drone to ‘scout’ territory, (that) would be a violation as well,” Fitz said.

There’s a secondary hazard: Others afield might take offense and shoot at the drone.

“That has happened. I believe it is illegal, but not under (Division of Wildlife) jurisdiction,” Fitz said.

Division of Wildlife biologist Mike Reynolds confirmed researchers at the University of Rio Grande in southern Ohio recently applied to the DNR for a permit to evaluate the effects of drones on white-tailed deer and Canada geese.

“We expect a report from them sometime in the future,” Reynolds said.

The Federal Aviation Administration is developing rules for the commercial use of drones. Google and Amazon have shown interest in developing delivery services via drones. Current federal law prohibits any commercial use of drones.

The FAA classifies small recreational drones as model aircraft and says users should not fly them near manned aircraft or beyond their line of sight.

However, the FAA allows limited use of drones for offshore oil and gas operations in Alaska and on movie sets in populated areas, according to published reports.

Drones on public federal lands present confusing (and sometimes conflicting) rules.

Unmanned aerial aircraft are currently banned in all national parks. But national forests and wildlife areas appear to prohibit unmanned aircraft only from taking off and landing.

Drones cannot be used to harass birds anywhere.

Source: https://www.outdoornews.com/2015/03/16/drone-use-in-hunting-is-illegal-in-ohio/


Nothing more than a load of crap. If you have a bow on a quad while driving to your stand are you breaking the law hunting from a motor vehicle? If you have it in the truck after a hunt but drive around the property to look around are you hunting from a motor vehicle. The answer is no in both cases. The act of having a weapon does not mean that you are hunting.
 
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TripleA88

*Supporting Member*
I believe the law states that you can't have any hunting implement with you while recovering or scouting deer using a drone or at least that's what I recall reading. Do you know that to be the case? I suppose I can look it up again, but I'm pretty sure that's what I read about a year ago.

You might want to check into that cause I'd hate to see a deer taken away from your friend.

Good stuff though, really!

Again, the wildlife officer on the scene said you cant use it to transmit live game locations. She had no absolute problem locating expired game and compared it to using a dog.
 

Wildlife

Denny
Supporting Member
5,248
191
Ross County, Ohio
I do recall reading that it'll be up to the GW's own discretion whether it's cool or not using that technology in most cases. So that's why I was asking.

Again, that's some neat stuff that you shared and I'm glad it worked out for you guys.
 
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Jackalope

Dignitary Member
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38,859
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I do recall reading that it'll be up to the GW's own discretion whether it's cool or not using that technology in most cases. So that's why I was asking.

Again, that's some neat stuff that you shared and I'm glad it worked out for you guys.

Yep. Like anything they have to use discretion when enforcing laws, especially poorly written ones. . Lucky for us they don't get to pass judgement, and a ticket is nothing more than an accusation. I have binoculars, a flashlight and a gun in the car. I could be accused of road hunting at night with a firearm, but without evidence or physically witnessing me do it, a crime has not been committed.
 

Wildlife

Denny
Supporting Member
5,248
191
Ross County, Ohio
Yep. Like anything they have to use discretion when enforcing laws, especially poorly written ones. . Lucky for us they don't get to pass judgement, and a ticket is nothing more than an accusation. I have binoculars, a flashlight and a gun in the car. I could be accused of road hunting at night with a firearm, but without evidence or physically witnessing me do it, a crime has not been committed.

You're right, some of these laws are poorly written.

I was mainly referencing to the buck recovered with his friend without the GW present. Not the first video posted and being that the article wasn't exactly clear on using a drone for a recovery situation while having a hunting implement with you, I was seeking absolute clarity regarding that kind of scenario, hoping that he might know for sure if it's cool to use a drone to recover a deer and having a hunting implement with you.

So, you're saying it's okay?
 

Jackalope

Dignitary Member
Staff member
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You're right, some of these laws are poorly written.

I was mainly referencing to the buck recovered with his friend without the GW present. Not the first video posted and being that the article wasn't exactly clear on using a drone for a recovery situation while having a hunting implement with you, I was seeking absolute clarity regarding that kind of scenario, hoping that he might know for sure if it's cool to use a drone to recover a deer and having a hunting implement with you.

So, you're saying it's okay?

I'm saying the way the law is written "aid" is a very broad term. Quads, trucks, headlights, all "aid" our hunting but are illegal to use to hunt from or with. Technically even without a weapon present a warden could claim it was "aiding" you hunting.
 
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Lucky

Junior Member
494
31
Sunbury
Definatly way to much grey area with it, but so does all the shit Jackalope was bringing up. There was one year prob 10 yrs ago i would have paid big for a drone or someone with a drone. Im sure would have saved days of searching fields of thorns, head high and thick as shit. Maybe you should rent out your recovery resourse . im sure theres going to be one or two on here this season that will be in need of your srvices.... Ive thought how cool it would be to be able to look down on some of the thick bedding areas from above or scout in summer. Youd learn that area quicker than walking inside it and not bust everything out.. I could see one in my future...for my kids of course..nothing else
 
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Lucky

Junior Member
494
31
Sunbury
Never realy thought much about till now the nonsence and unclear laws that you could b legal or you could be illegal and the grey areas of hunting laws till reading Jackalopes posts. Seems like it all depends on warden or officer and his view is law . im sure theres going to more to learn about drone laws on here. Im interested in hearing more. Good subject that im sure theres very different views on them
 

giles

Cull buck specialist
Supporting Member
Some states will give you direct answers on this exact question. Ohio will not. Joe/jackassalope and I got into this very conversation a few months back. I sent emails to two states, one being Ohio. They never replied. Kentucky gave me an answer.

Copy paste: “Dave,

It is illegal it use a drone in the act of hunting. This would include scouting and recovery efforts.

Thanks,
Chace
 

Tipmoose

Well-Known Member
Supporting Member
2,699
85
Grove City
Some states will give you direct answers on this exact question. Ohio will not. Joe/jackassalope and I got into this very conversation a few months back. I sent emails to two states, one being Ohio. They never replied. Kentucky gave me an answer.

Copy paste: “Dave,

It is illegal it use a drone in the act of hunting. This would include scouting and recovery efforts.

Thanks,
Chace

So the only answer is to fly the drone for personal entertainment. If you happen to see a dead deer you can go all Ed Bassmaster on it. Would you just look at that? Just look at it??
 

Jackalope

Dignitary Member
Staff member
38,859
260
Some states will give you direct answers on this exact question. Ohio will not. Joe/jackassalope and I got into this very conversation a few months back. I sent emails to two states, one being Ohio. They never replied. Kentucky gave me an answer.

Copy paste: “Dave,

It is illegal it use a drone in the act of hunting. This would include scouting and recovery efforts.

Thanks,
Chace

The problem with this stance is its largely subjective. Are they going to write tickets to every 15 year old who got a drone for Christmas and flies it around their property to look at deer? If not then how are they going to write you a ticket for doing the exact same thing. Short of you admitting that you're using the information for hunting they can't prove anything. They can have "reasonable suspicion" but not "probable cause". The first being a guess or a hunch, the second being a logical belief supported by facts. It's the latter that usually ends up in an arrest or ticket as there is evidence that can stand up in court.

It's kind of like "possession of burglary tools". You can't simply be charged with this for having a screwdriver, hammer, or crowbar in your truck. Only if there is also probable cause that you committed or we're about to commit a burglary, this is different than reasonable suspicion. The same goes for flying a drone around.