Drone on Drones: Proposed Bans in Hunting and Fishing Shed Light on Regulatory Considerations for Drones

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San Joaquin Kit Fox freeIn several states across the country, hunters and fishermen are anticipating the potential use of drones to track — and even tag — wildlife, and asking that lawmakers prohibit that use of the technology before it even gets off the ground.

Oregon, Montana, Alaska and Illinois have each drafted proposals that would ban the use of drones for hunting and fishing, in the form of legislation or agency regulations. Advocates, including hunters, fishermen, wildlife activists and legislators in these states fear that the technology could eventually be used to scan an environment for game and fish, giving hunters and fishermen an unfair advantage over wildlife, in addition to negating some of the skill involved in the activities. Some of these bans are based on the threat drones pose to standard “sportsmanlike conduct” within hunting and fishing — both Oregon and Montana cite to previous instances of barring technology to preclude unfair advantages in hunting — while others, like Alaska’s proposed ban, are aimed at avoiding unemployment (small aircraft are frequently used to monitor fish populations in the state, and drones could put those pilots out of work).

These regulations are not unusual within the realm of hunting and fishing, but they do signal the breadth of potential drone regulations that may arise in the coming years. Every potential application for drones will bring with it attendant changes and challenges, some of which may not serve the greater public interest. Drones are “disruptive technology,” but some disruptions are simply too large for the public, or a legislature, to handle. Though drones tend to be a symbol of the fast-approaching future, they may also force us to contend with a receding past, as their use threatens to drastically alter the world around us. The policy debate surrounding drones and their use is frequently reduced to questions of privacy and public safety – issues that loom large in this discussion, to be sure – but the technology raises innumerable other potential questions that deserve consideration and analysis. Drones may be prepared to remake the world as we know it, but regulations can ensure that policymakers shape the ways in which drones can be transformative, and limit their effects on areas and industries not looking to be remodeled.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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