Is Drone Fishing Legal?

One of the first issues you’ll come across when getting started with fishing drones is finding out if drone fishing is legal in your local area.

Drone fishing laws may influence your choice when deciding what the best fishing drone is for you because some areas only allow scouting and reconnaissance but not baiting.

In this article, I go through some examples of regulations, bills and codes across the US that cover what you can and can’t do when using a drone for fishing in different states.

Is drone fishing illegal is USA?

Drone fishing is not illegal for the whole of the United States, but it is subject to certain regulations and restrictions. The use of drones for fishing purposes is a relatively new and rapidly developing area of recreational fishing, and the regulations surrounding it can vary depending on the location.

The Federal Aviation Administration (FAA) has issued guidelines for the operation of drones, which apply to recreational as well as commercial use. According to the FAA, drones must be flown below an altitude of 400 feet, within the operator’s line of sight, and away from populated areas and airports.

In this article, I’ll go through some of the states that have their own regulations regarding the use of drones for fishing to show that it’s important to check local laws before using a drone for this purpose.

Overall, while drone fishing is not illegal in the United States, it is important for drone operators to be aware of and follow all relevant regulations to ensure safe and responsible operation.

Is drone fishing legal in North Carolina?

Drone fishing is illegal in North Carolina. The state’s fishing regulations prohibit the use of drones or any other unmanned aircraft to assist with fishing activities. Specifically, the regulations state that “no person shall use a drone or other unmanned aircraft to aid in fishing, or to harass or disturb fish for the purpose of fishing.”

Violations of these regulations can result in fines and other penalties. It is important for anglers in North Carolina to be aware of and comply with all fishing regulations to ensure the sustainability and conservation of the state’s fisheries.

The PDF below is from North Carolina Environmental Quality.

Is it illegal to use drones for fishing in Florida?

Yes, Florida has regulations against using aircraft for fishing to prevent scouting from the air (Florida Gear Specifications and Prohibited Gear). However, they do not have set regulations on baiting (to the best of our knowledge). The conflict here is that all fishing drones are equipt with cameras so if you’re caught using a drone while fishing you could still face being penalised.

Is drone fishing illegal in Texas?

Yes, drone fishing is illegal in Texas. Any form of interaction between a drone and wildlife requires a permit from the Texas Parks and Wildlife Department to interact with wildlife. Even using a drone to scout for fish is considered illegal without the required Aerial Management Permit and Land Owner Authorization. The purpose of these permits is to manage wildlife, and recreational hunting is not permitted.

The regulations prohibit any form of trapping, snaring, or catching of wildlife. Violating these regulations is classified as a Class A misdemeanor by the Parks and Wildlife Department, and in certain cases, it can also lead to a violation of the Federal Lacy Act. A Class A misdemeanor can result in a fine ranging from $500 to $4,000 and/or imprisonment for up to one year.

Is drone fishing illegal in California?

According to the California Department of Fish and Wildlife, drone fishing is illegal on department land unless you have a permit. Specifically, the use of any aircraft within 1000ft above land or water is prohibited for the following areas (with the exception of the Sespe Condor Sanctuary which has a 3000ft restriction).

This includes :

Sespe Condor Sanctuary (<3000ft)
Año Nuevo State Reserve
Farallon Islands Game Refuge
Point Lobos State Reserve
California Sea Otter Game Refuge
Anacapa, San Miguel, Santa Barbara, and San Nicolas Islands

Is drone fishing legal in Virginia?

Drone fishing is illegal in Virginia. According to administrative code 4VAC15-20-240, you can’t use drones to hunt, trap or kill wild animals. In relation to using drones for reconnaissance and scouting for fishing locations, the code states that when a drone is used for surveillance, you can’t hunt on that same day in the area.

So, in theory, you could use a drone to help locate reef, drop-offs and good fishing spots, save the GPS location with a drone designed for fishing, such as the PowerDolphin, then return to the site the following day.

Is using drones for fishing in Hawaii legal?

In Hawaii, a bill was passed in 2022 that specifically prohibits the use of drones for fishing. However, the bill states that drones may be used for reconnaissance. We expect that their will be more details to come on this as the Division of Aquatic Resources is working on a permit approval process for drone fishing.

The Wrap Up on Laws for Drone Fishing

Drone fishing laws vary between states so it’s important to speak with your local fishing authorities to check what you can and can’t do. In this article I’ve tried to give some examples of how laws differ for different areas. For example, drones can be used for scouting in Hawaii and Virginia but in Virginia you can’t hunt in that location on the same day. While in other locations, there is a blanket ban on using drones for any form of hunting, including scouting such as Texas and North Carolina.