Montana Code Annotated - UAV's

[Sytes]

What MCA is used for the following?

Unmanned Aerial Vehicles
The use of unmanned aerial vehicles (UAV) for the purposes of hunting is prohibited.

Within the search (2017), This is the closest I am able to find referencing unlawful use however unable to find the criminal code for the above. If no one is able to direct me to it, I'll chat with my Warden or the Region Captain and pass that information here. My intent is to understand what is legitimate use of a UAV during hunting season and what is not.

https://law.justia.com/codes/montana/2017/title-87/chapter-6/

2017 Montana Code Annotated
TITLE 87. FISH AND WILDLIFE
CHAPTER 6. FISH AND WILDLIFE CRIMINAL PROVISIONS
Part 2. General Hunting, Fishing, and Trapping Offenses


87-6-201. Violation of commission or department order or rule
87-6-202. Unlawful possession, shipping, or transportation of game fish, bird, game animal, or fur-bearing animal
87-6-203. Unlawful taking, killing, trapping, labeling, or packaging of fur-bearing animal or pelt
87-6-204. Hunting or fishing during closed season
87-6-205. Waste of game animal, game bird, or game fish
87-6-206. Unlawful sale of game fish, bird, game animal, or fur-bearing animal
87-6-207. Unlawful use of boat
87-6-208. Unlawful use of aircraft
87-6-209. through 87-6-213 reserved
87-6-214. Unlawful contest or prize
87-6-215. Harassment
87-6-216. Unlawful supplemental feeding -- exemption
87-6-217. Shooting at simulated wildlife
87-6-218. Checking station offenses
87-6-219. Unlawful relocation of fish
87-6-220. Field trial offenses
87-6-221. Imported urine -- use or sale prohibited

 

[JLS]

It’s a commission rule. You won’t find it in the RCW, only the pamphlet.

 

[Sytes]

Thanks, JLS.

So it falls under this general MCA:

87-6-201. Violation of commission or department order or rule. A person who purposely, knowingly, or negligently violates an order or rule of the commission or department shall be fined not less than $50 or more than $500. In addition, the person, upon conviction or forfeiture of bond or bail, may be subject to forfeiture of any current hunting, fishing, or trapping license issued by this state and the privilege to hunt, fish, or trap in this state or to use state lands, as defined in 77-1-101, for recreational purposes for a period of time set by the court.

***

The Captain is researching further (email discussions, etc) on the legalities for uav use during hunting season and will get back with me.
Of course, this depends on the Captain's conclusions. I'll pass my local warden a heads up where I'll be with my uav for the final 2018 Spring bear hunt the next few days.

My intent, as shared with the Captain; I am going solo and plan to take my uav to video/photo my hunt. This drone has a follow mode I plan to use on a few occasions to record my hike/closed road walk, grab some cinematic views of the area from directly above my location, and if at all fortunate enough to find a bear, have it video my shot as a second person would video, my approach to the downed bear, etc. As described, the uav would be my camera man.
He said he needs to research the emails discussing uav's further to figure if this use is valid or if it would violate the rule. I provided my name, phone #, heck had he requested my ALS, I would have gladly given that as well though my name, area I reside and ph# is enough to pull that up.

It's a new world for keeping and sharing memories. From the intro of video cameras requiring a mount, to large shoulder cameras, now a simple cell phone video and uav's. This follow mode is pretty amazing! If legal, I'll have my first hunt video.

 

[widnert]

I'm in to follow this now. That sounds like the best proposed use of one of those things I have heard yet. Keep us posted on the outcome.

 

[Ben Lamb]

Good luck, Cecil B DeMille.

 

[Sytes]

Good luck, Cecil B DeMille.

It is impossible for us to break the law. We can only break ourselves against the law.

Creativity is a drug I cannot live without.

- Cecil B DeMille

Nice...

 

[Sytes]

Apparently my setting was discussed with others and I have the, "all clear". So long as I am not using the uav to gain any bear hunting advantage and strictly for the video of my hunting adventure - I am safe to do such. He said there will be some language adjustments to uavs and a few other commission rules in the near future and to keep a look out for these changes though they certainly will not take place before the end of Spring Bear season.

So - taking into account Gerald's comment about royalty fees for music - I'll steer legal on that as well and just might have a video / photo share of the trek. Hopefully with a bear down.

 

[LukeDuke]

I have a buddy in SD that did this a couple years ago on a pheasant hunt. He flew the drone behind us and videoed the hunt while we walked the field. It was really fun to watch the playback from that angle. There was plenty of trash talking after watching some of the misses. Good luck!!

 

[MattK]

There are FAA laws that have to be followed as well. Most of the Missoula area is in a restricted fly zone. I've discovered most areas (even in the woods) requires registration and some sort of restriction. I do have a nice app that shows different air spaces. It's called B4UFly. I'm not sure anyone would say anything but thought you might want to know.

 

[Sytes]

There are FAA laws that have to be followed as well. Most of the Missoula area is in a restricted fly zone. I've discovered most areas (even in the woods) requires registration and some sort of restriction. I do have a nice app that shows different air spaces. It's called B4UFly. I'm not sure anyone would say anything but thought you might want to know.

Good to share w/in uav threads. Registration is $5.00 and must mark the uav with your personal serial #.

Also, there is a difference between restricted and notification. Most areas only require notification to the tower/airfield. You are NOT required to gain their permission.

Few, such as Missoula Airport have a No Fly restriction where permission must be obtained from both airport and FAA w/in 3 or 5 miles, radius.

B4UFly had poor ratings/reviews. A cinematographer who frequently uses UAV's shared this link which has much better rating and reviews:
https://www.airmap.com/airmap-for-drones/

Here are a couple screen pics from my phone airmap app specific to your area as an example:

This is the overall map that one can scroll around as I did to your area, as an example. Zoom in/out depending how much area is of interest.


This is a screenshot of the advisories for the area I selected. As you can see, the RED indicate required permission. The YELLOW require notification. It provides the phone # as FAA requires each airstrip to keep up to date. Also there are more notifications listed if I had scrolled down, this is a simple screenshot of what I see on my screen.


This is an interesting portion that is a fillable automated notification to the airstrips within the area you plan to fly. It provides a preflight form that gets submitted to the affected airfields. This screenshot is the third and final page before it is submitted. Provides info that is relevant to your flight conditions. I've not gone this route, yet. I like the idea my phone records my call to the airfield(s) to show notification was given.


Here is the FAA link for any interested.
https://www.faa.gov/uas/

I have one more day bear hunt planned and much better understanding how to work the follow mode. Also, wifi mode for control of the uav while operating is not something I would suggest...
I tried this my first hunt since getting fwp's all clear. Thought the use of my phone only... Leave the remote at the truck would be less crap to carry. Haha! My drone is preset to fly to 120' elevation for automated return to home operation to avoid trees when the drone routes back. Well, in my rookie move, I found if wifi signal is lost between phone and drone, it defaults to auto return home... Haha!
Suddenly the DJI program says out loud, "wifi signal lost drone auto return home". Instantly, my drone starts racing straight upwards! I thought it was lost for good. I ran back towards the drone in time to get the wifi reconnected and cancel the auto home function. Sheesh! Tight spaces, such as old forest service roads, not good for wifi.