Put those drones away, shark fishermen, Texas just outlawed using drones to drop baits off the beach.
The Texas Parks and Wildlife Department (TPWD) clarified that the popular practice of using Unmanned Aircraft Systems (UAS), commonly known as drones, to deploy fishing bait is prohibited under federal law, according to its interpretation. Surf fishing groups on social media were not pleased with the decision.
The determination, which follows a rise in public comments and inquiries related to drone use in fishing and hunting, centers on the Federal Airborne Hunting Act (AHA).
Federal Act Defines Drones as Aircraft
According to TPWD officials, the key lies in the definition of “aircraft” within the federal regulations, which the U.S. Fish and Wildlife Service’s Office of Law Enforcement affirmed includes modern drones.
Specifically, the act prohibits the use of any aircraft to “take or attempt to take wildlife, or aid in the act of fishing.” Because drones are now classified as aircraft for the purpose of this regulation, using them to carry and drop bait for surf or bank fishing is considered aiding in the take or attempt to take wildlife, which legally includes fish.
“The result of that analysis and discussion is the determination that 50 CFR § 19.11$ (b)(2) prohibits the use of aircraft, which includes UAS or drones, to take or attempt to take wildlife, or aid in the act of fishing,” stated a TPWD release.
The AHA was originally enacted in 1956 to prohibit hunting from helicopters or fixed-wing planes, but its broad language regarding “aircraft” and “take” now applies to drone technology.
State Agencies Prohibited from Issuing Permits
The TPWD further clarified that this prohibition is absolute and cannot be circumvented by state-issued permits. The act specifically prohibits a state from issuing permits for the purpose of sport hunting, which also encompasses recreational or sport fishing.
Therefore, the use of a drone by recreational, surf, or bank fishermen to deploy bait is considered a violation of federal law, and the TPWD is barred from authorizing such activity. Texas wildlife officials encourage fishermen to review official regulations before heading to the water to ensure compliance.
Key Definitions from the Federal Airborne Hunting Act:
- Aircraft: Any contrivance (device) used for flight in the air.
- Fish or wildlife: Any wild animal, including fish and invertebrates.
- Take: To pursue, hunt, shoot, wound, kill, trap, capture, or collect, or attempt to pursue, hunt, shoot, wound, kill, trap, capture, or collect.
