New Kentucky law takes effect restricting drone use when hunting and fishing

FRANKFORT, Ky. — New measures are now in place in an effort to protect Kentucky fish and wildlife resources.

Following Oct. 16, a new administrative regulation, 301 KAR 3:140, went into effect, making it unlawful to use aircraft or unmanned aircraft in the take of fish or wildlife, according to a release by Kentucky Fish and Wildlife.

“This regulation will provide guidance regarding the use of aircraft, including drones, while hunting, fishing or participating in other outdoor activities,” said Maj. David Marques with the Kentucky Department of Fish and Wildlife Resources Law Enforcement Division. “It will also provide a framework for our wardens to work within when investigating and enforcing potential violations. This regulation has been needed for some time, and we are happy to finally have it in place.”

Kentucky Fish and Wildlife further stated the following:

“Under the authority granted to Kentucky Fish and Wildlife by KRS 150.010(46), “take” includes pursue, shoot, hunt, wound, catch, kill, trap, snare or capture wildlife in any way and any lesser act designed to lure, attract or entice for these purposes; and to place, set, aim, or use any device, animal, substance or agency which may reasonably be expected to accomplish these acts; or to attempt to do these acts or to assist any other person in the doing of or the attempt to do these acts.”

Regulations Now in Effect

A person shall not use an aircraft or unmanned aircraft system:

• To fish, hunt or take wildlife or to drive or herd any wildlife for the purpose of fishing, hunting or taking; or
• To harass any wildlife.

Aircraft or unmanned aircraft systems may be used by:

• Kentucky Fish and Wildlife employees and contractors or agents acting on behalf of the agency when addressing human safety, law enforcement, research, management or other needs approved by the department;
• Authorized landowners or their agents to engage in lawful wildlife damage control activities; and
• Commercial fishers for use in locating or removing invasive carp.

For questions, the public may contact their local Kentucky Game Warden or the Kentucky Fish and Wildlife Information Center at 800-858-1549 or atinfo.center@ky.gov, weekdays 8 a.m. – 4:30 p.m. (Eastern), except holidays.