The Texas Parks and Wildlife Department ( TPWD ) has noticed an increase in inquiries relating to their use in relation to fishing and wildlife as a result of technological advancements with Unmanned Aircraft Systems ( UAS ), also known as drones, now widely available. The legality of using drones to deploy fish by sea or bank fisherman has been one of the most frequently asked questions.
To address this, TPWD staff reviewed Title 50 of the Code of Federal Regulations ( CFR ) 19.11, which was the AHA’s first amendment, in 1956. The U.S. Fish and Wildlife Service‘s Office of Law Enforcement provided advice to employees as well. The conclusion of that analysis and discussion was that it was determined that 50 CFR 19.11 b ) ( 2 ) forbids the use of aircraft, including UAS and drones, to capture or attempt to capture wildlife or aid in the act of fishing.
Visit tpwd for more details on Texas ‘ hunting and fishing laws. Texas. gov.
Explanations as defined in 50 CFR§10.12 that apply to 50 CFR § 19.11:
- Any machine or fabrication used for air travel is defined as an aircraft.
- Any crazy animal, whether alive or dead, includes without a doubt any wild animal, bird, reptile, amphibian, seafood, mollusk, crab, arthropod, coelenterate, or another invertebrate, whether bred, hatched, or born in captivity, and includes any part, product, egg, or offspring there.
- Consider the means to do, hunt, capture, shoot, trap, capture, or acquire, or attempt to pursue, shoot, kill, kill, trap, capture, or collect. Notice Part 18 of this section for details on marine mammals.
- The same goes for animals as it does for tuna or other animals.
Does the AHA forbid fun, surf, or lender fishermen from deploying bait with UAS or drones?
Yes. According to 50 CFR 19.11 b ) ( 2 ), drones or UAS cannot be used to deploy bait because it qualifies as aiding in the capture or attempt to capture wildlife, including fish.
Does the AHA forbid TPWD from issuing a force allowing the use of UAS or drones by pleasure, sea, or bank fishermen to use fish?
Yes. A state is prohibited from issuing permits for the purpose of sport hunting, which includes both recreational and sport fishing, under 50 CFR 19.31( a ).
