Utilizing drones for wildlife photography in Texas is subject to stringent regulations designed to protect wildlife and ensure ethical practices. Both state and federal laws govern these activities, and understanding them is crucial for any drone operator interested in capturing images of wildlife.​

Texas Regulations on Drone Use for Wildlife Photography

In Texas, the use of drones to photograph wildlife is generally prohibited without proper authorization. The Texas Administrative Code explicitly states that it is unlawful to "count, photograph, relocate, capture, hunt, or take from an aircraft any wildlife or exotic animals" without the necessary permits. This regulation aims to prevent disturbances to wildlife and maintain ethical standards in wildlife photography. ​Captain Experiences

Exceptions and Permitting

While the general rule prohibits the use of drones for photographing wildlife, exceptions exist through specific permitting:​

• Aerial Management Permit (AMP): Individuals or organizations can apply for an AMP issued by the Texas Parks and Wildlife Department (TPWD). This permit allows the holder to engage in activities such as counting, photographing, relocating, capturing, or hunting wildlife using aircraft, including drones. However, obtaining an AMP requires demonstrating that the activity serves a legitimate management purpose and complies with all regulatory standards. ​

• Landowner Authorization: In addition to an AMP, drone operators must secure written authorization from the landowner of the property where the drone will be operated. This ensures respect for private property rights and coordination with land management practices. ​

Common Infractions and Potential Penalties

Violating drone regulations related to wildlife photography can lead to significant penalties:​

• Class C Misdemeanor: Unauthorized use of drones to capture images of wildlife is classified as a Class C misdemeanor in Texas. Penalties for such offenses can include fines and other legal repercussions. ​AirSight+1DRONELIFE+1

• Federal Violations: Non-compliance with federal laws, such as the Airborne Hunting Act, can result in additional penalties, including fines and potential imprisonment. It's important to note that federal guidelines specify that states cannot issue permits for sport hunting using aircraft, including drones. ​Brian White Injury Lawyers

General Prohibition on Using Drones for Hunting

In Texas, it is generally unlawful to use drones, including those equipped with thermal imaging, for hunting purposes. The Texas Parks and Wildlife Department (TPWD) explicitly prohibits the use of aircraft, including drones, to hunt, locate (including wounded animals), manage, harass, drive, trap, or photograph any wild animal without specific permits. This prohibition encompasses the use of thermal drones for activities such as scouting game or recovering downed wildlife. ​Texas Parks & Wildlife Department

Exceptions: Feral Hog Hunting

An exception to the general prohibition exists for feral hog hunting. Recognizing the significant ecological and agricultural damage caused by feral hogs, TPWD has amended regulations to allow the use of drones, including those with thermal capabilities, to locate feral hogs at night. This amendment permits hunters on the ground to use drones to identify the location of feral hogs, facilitating more efficient control measures. It is important to note that while drones can be used to locate feral hogs, the actual take or attempt to take must be conducted by gunners on the ground; the use of drone-mounted weapons systems is explicitly prohibited. ​Texas Farm Bureau

Legal Considerations and Compliance

While Texas law permits the use of drones for feral hog hunting under specific conditions, operators must also comply with federal laws and Federal Aviation Administration (FAA) regulations. This includes adhering to guidelines for unmanned aircraft systems (UAS) operations, ensuring that drone use does not infringe upon privacy rights or trespass onto private property without permission. ​Advexure

Ethical Considerations

The use of thermal drones in hunting raises ethical considerations, particularly concerning the principles of fair chase. Hunters and wildlife enthusiasts must assess whether the use of such technology aligns with traditional hunting ethics and contributes positively to wildlife management without disrupting the ecosystem. ​Matthew Wilson SiteAdvexure

Recommendations for Drone Operators (Agriculture, Photography, Hunting)

To ensure compliance and ethical practices:

1. Obtain Necessary Permits: Before engaging in any drone-related wildlife activities, secure the appropriate permits from TPWD. This includes the Aerial Management Permit (AMP) and any required landowner authorizations.​

2. Stay Informed: Regularly review updates from TPWD and the FAA to stay abreast of any changes in regulations.​

3. Respect Privacy and Property Rights: Ensure that drone operations do not infringe upon individual privacy or trespass onto private property without permission.​

4. Prioritize Safety and Ethics: Always operate drones in a manner that prioritizes the safety of people and wildlife, adhering to ethical hunting and wildlife observation practices.​

By following these guidelines and understanding the legal framework, drone operators and hunters can responsibly integrate drone technology into wildlife-related activities while remaining compliant with Texas laws.