Hunt_Content Page_Animal Retrieval_Summary of Drone Use Policy

Use of Drones for Retrieval of Animals

Generally, the Wisconsin Department of Natural Resources (DNR), Division of Public Safety and Resource Protection policy, LEH 750 - Unmanned Aircraft System Use, relates to the use of an Unmanned Aircraft System, commonly referred to as a “drone,” in hunting activities. It is important to note that the regulations discussed below apply to all “aircraft” as defined in s. 29.001 (6), Wis. Stats.

Hunting

Aircraft are not allowed to be used for hunting (s. 29.307, Wis. Stats. and NR 10.07(1)(a), Wis. Adm. Code), and a drone meets the definition of an aircraft.

“Hunt" or “hunting" includes shooting, shooting at, pursuing, taking, capturing, or killing or attempting to capture or kill any wild animal (s. 29.001 (42), Wis. Stats.).

As applied to the use of a drone, wardens consider several factors when assessing potential violations. Those factors include, whether the operation is within shooting hours, involved parties are in possession of a weapon capable of being used for hunting, the drone operator is dressed in hunting clothing, animals are being rallied or driven, and information gathered from the operation of a drone is being used to track or pursue a wild animal. Each situation is different, and wardens assess the presence or absence of factors indicative of hunting with a drone on a case-by-case basis.

Depending on the circumstances, the use of a drone to film ongoing hunting activities may also be in violation of s. 29.307, Wis. Stats. and/or s. NR 19.25 Wis. Adm. Code, which prohibits the harassment or disturbance of wild animals.

Retrieval of Game

Each situation involving the operation of a drone to aid in retrieval of a dead animal presents different circumstances that must be assessed on a case-by-case basis. Some of the factors that a warden may consider in determining if a drone is being operated as part of (1) an effort to retrieve a dead animal or (2) for hunting, include, but are not limited to, whether:

  • A reasonable but unsuccessful effort was made to locate the animal without the aid of a drone.
  • The hunter provides a reasonable and sound explanation of why they believe the wild animal is dead.
  • The operation of the drone occurs during the shooting hours for the animal being sought.
  • Any of the involved parties present during the flight or subsequent recovery efforts are in possession of a firearm, archery equipment, crossbow or other weapon legally capable of reducing an animal to possession.
  • The drone is being flown within the line of sight of the operator.
  • The drone operator is a third party and has no vested interest in locating the downed animal beyond assisting with locating it.
  • The drone operator who locates a live animal (including a crippled animal) discloses the location of the wild animal to the hunter upon locating it.

It is recognized that a hunter who shoots an animal may choose to be the drone operator for animal recovery. By doing so, the hunter risks being in violation of hunting with an aircraft.

Regardless of the presence or absence of the factors listed above, a warden may pursue enforcement for a violation of hunting with use of an aircraft if the facts and circumstances of a particular situation establish that a drone was utilized for hunting.

Scouting

Use of a drone for scouting activities is not expressly prohibited. However, the operator must not engage in activity that constitutes "hunting." Also, the operator must be careful to: 

  • Not cause the operation of a drone to harass or effect animals.
  • Ensure that the operation of lights mounted on a drone comply with the shining hour restrictions of s. 29.314 (5) (a), Wis. Stats.

Other, Non-DNR, Regulations

A drone operator needs to be aware of and in compliance with all federal regulations regarding the use of drones including those under Federal Aviation Agency (FAA) rules and the federal Airborne Hunting Act administered by the U.S. Fish and Wildlife Service.