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hunting with a drone

  • 25-07-2016 10:19AM
    #1
    Registered Users, Registered Users 2 Posts: 80 ✭✭


    Hi all,
    Talking with a lad yesterday and he was telling me that he has a drone to help him find deer . I,m not to sure about that as I think it takes most of the fun out of the stalk. What are your views ?


«1

Comments

  • Registered Users, Registered Users 2 Posts: 678 ✭✭✭wirehairmax


    If I ever saw a drone out hunting, it would be getting a crash landing quick enough. It would take a fat lazy bastard to even consider that.


  • Moderators, Sports Moderators, Paid Member Posts: 28,807 Mod ✭✭✭✭Cass


    A drone!!!! FFS :rolleyes:

    Its called stalking for a reason. Half the sport is being out trying to find the deer, stalk them. A battle of wits if you will. A lot of my stalks end in nothing for me, but if it ever came to a point where i thought i needed a drone i'd sell my gear and stay at home playing video games.

    Funny this comes up now. Was looking at a lads blog the other day. Not being critical of him but he had a picture of his set up (all his gear) as he was about to start a nights shooting (foxes/rabbits). He had his binoculars, rangefinder, Ballistic calculator, electronic caller with remote, and rifle with NV scope/Nite Sight systems on it, etc.

    Now each to their own, but i just thought to myself "how much stuff do you need?". Or more accurately at what point is it "too much"?
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  • Registered Users, Registered Users 2 Posts: 1,924 ✭✭✭Reati


    I fly drones for fliming and they are fairly loud. The ready to fly ones you buy are not great that'd you can see much detail to be honest. I'd be surprised if he finds anything using one. Unless he builds them, then he has to much time or money. Either way, I'm pretty sure it's not allowed under the rules for drones in Ireland. Report it to the IAA: drones@iaa.ie and they won't be long telling you.


  • Registered Users, Registered Users 2 Posts: 678 ✭✭✭wirehairmax


    Dont forget thermal imaging at approx €4k. Fools with too much money and no sense and too stupid to learn how to actually hunt. There are idiots out there who have all the toys and you see them here constantly chopping and changing gear. Most of them probably never leave the house!!


  • Registered Users, Registered Users 2 Posts: 10,007 ✭✭✭✭Birdnuts


    Hunting with a drone cannot be justified for game hunting. Drones themselves though are going to becomes a very usefull tool in the near future to crack down on poaching and other wildlife crime. In Africa they are already being deployed to tackle the elephant/rhino poaching crisis.


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  • Registered Users, Registered Users 2 Posts: 2,759 ✭✭✭cookimonster


    Something tells me that if the following is necessary for the photographing and filming of protected wild species then the unlicensed practice is contravening some Act etc and therefore the use of a drone for hunting may not meet the merits of a license, the following is taken from http://www.npws.ie/licences/disturbance/photograph-or-film-protected-wild-animal-or-bird :

    Licence to Photograph or Film a Protected Wild Animal or Bird
    The Minister is empowered to give licences:

    under Section 23 (6)(b) of the Wildlife Act, 1976 (as amended) for a person to take or make photographic, video or other pictures of a protected wild animal of a species specified in the licence, and
    under Section 22 (9)(f) of the Wildlife Act, 1976 (as amended) for a person to take or make photographic, video or other pictures of a protected wild bird of a species specified in the licence on or near a nest containing eggs or unflown young.


    These applications are considered on their merits in accordance with the Statutory Obligations of the Minister set out in the Wildlife Act, 1976 (as amended).

    Applications for permissions are made on a standard application form available from:

    Wildlife Licensing Unit,
    National Parks and Wildlife Service,
    Department of Arts, Heritage and the Gaeltacht,
    7 Ely Place,
    Dublin 2.

    Email: wildlifelicence@ahg.gov.ie
    Tel: (01) 888 3242

    Download an application form for a Licence to Photograph/Film a Protected Wild Animal  [1MB]

    Download an application form for a Licence to Photograph or Film a Protected Wild Bird  [1MB]


  • Registered Users, Registered Users 2 Posts: 682 ✭✭✭barnaman


    use of a drone to hunt is illegal the Act clearly says so ..." any kite, light trap, balloon, aircraft (including model aircraft) or similar device,..." to hunt any wild bird or animal is unlawful.


  • Registered Users, Registered Users 2 Posts: 9,204 ✭✭✭dodderangler


    That's pure lazy. That's worse than using a high seat.


  • Registered Users, Registered Users 2 Posts: 1,369 ✭✭✭ezra_


    Birdnuts wrote: »
    Hunting with a drone cannot be justified for game hunting. Drones themselves though are going to becomes a very usefull tool in the near future to crack down on poaching and other wildlife crime. In Africa they are already being deployed to tackle the elephant/rhino poaching crisis.

    Next logical step: Anti poaching drones hunting other drones!


  • Registered Users, Registered Users 2 Posts: 4,319 ✭✭✭Half-cocked


    If I ever saw a drone out hunting, it would be getting a crash landing quick enough. It would take a fat lazy bastard to even consider that.

    I wonder about the legality of shooting down a drone? Say, for example, it was hovering over private property with no permission to be there and it was a safe shot?


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  • Registered Users, Registered Users 2 Posts: 272 ✭✭Bad_alibi


    I wonder about the legality of shooting down a drone? Say, for example, it was hovering over private property with no permission to be there and it was a safe shot?


    The yanks are selling specific drone rounds for this reason.

    *not saying it's correct


  • Registered Users, Registered Users 2 Posts: 1,369 ✭✭✭ezra_


    I wonder about the legality of shooting down a drone? Say, for example, it was hovering over private property with no permission to be there and it was a safe shot?

    Illegal.

    If someone drove into your property, you wouldn't start shooting the car (assuming the person had left it).

    Even after you've asked them to leave, you wouldn't start shooting the car because they weren't leaving fast enough.

    Even if they refused to move, you wouldn't start shooting the car.


  • Registered Users, Registered Users 2 Posts: 2,410 ✭✭✭J.R.


    Bad_alibi wrote: »
    The yanks are selling specific drone rounds for this reason.

    *not saying it's correct

    http://www.popularmechanics.com/technology/a16967/drone-munitions-shotgun-shells/

    1439934815-droneshot.jpg


  • Registered Users, Registered Users 2 Posts: 1,369 ✭✭✭ezra_


    And before we get here (because in every conversation I've had with people, this is where it seems to end up),

    If the drone lands in your field: (and I'm assuming that it didn't land because it was set upon by shot and that it wasn't worrying livestock or doing anything other then just buzzing around) the following outcomes can happen:

    1) The operator asks you can either he retrieve his drone or can you get it for him. You agree, he says sorry and gets his toy back. World moves on.

    2) The operator asks you can either he retrieve his drone or can you get it for him. You say no and in effect, you are now in possession of his property and your actions are such that you intend to permanently deprive the operator of his property. Broadly speaking (real lawyers will cringe now) this is theft as you intend to prevent the owner for exerting his property rights and you are acting in a way to prevent the action from happening.

    This is pretty minor theft, and will probably result in a copper rocking up to your door and saying cop the hell on and give the man his drone back. But you can't just continue to say get off my land because by doing so, you are interfering with the drone operators property rights.

    3) The operator asks you can either he retrieve his drone or can you get it for him. You say no but he goes and gets it anyway. This is trespass and you could sue, but the operator would counter sue and accuse you of theft which he was preventing. Assuming that no damage was caused, a judge would probably just get annoyed with you both and tell you both to cop on. If damage was caused, you can seek redress but if you acted the maggot and prevented the man from (reasonably) seeking his drone which then lead to trespass which lead to damage to your land, you'd probably not get much in the way of compo as you would be part of the reason why damage was caused.

    4) The operator just goes and gets his drone. Trespass is your remedy and any damage caused by the drone or by the operator can be claimed against the operator. You didn't do anything here so are 'out of the equation' really.


  • Registered Users, Registered Users 2 Posts: 4,319 ✭✭✭Half-cocked


    ezra_ wrote: »
    Illegal.

    If someone drove into your property, you wouldn't start shooting the car (assuming the person had left it).

    Even after you've asked them to leave, you wouldn't start shooting the car because they weren't leaving fast enough.

    Even if they refused to move, you wouldn't start shooting the car.

    I kinda knew this would be the answer;)


  • Registered Users, Registered Users 2 Posts: 9,204 ✭✭✭dodderangler


    "Sorry mr Garda. It looked like a crow to me. I've very bad eyesight. Left me glasses at home"


  • Moderators, Sports Moderators, Paid Member Posts: 28,807 Mod ✭✭✭✭Cass


    Suppose people will be attaching guns on them next and just shooting em aswell.
    Eh, no. Because a drone cannot get a license and once the gun is out of your hands and your control you've a legal problem. I guarantee you that somewhere there is an Irish law that would state you are now in possession of a Fighter Jet.

    Not to mention it's pure stupid.
    "Sorry mr Garda. It looked like a crow to me. I've very bad eyesight. Left me glasses at home"
    As said above you cannot shoot the drones down, and lets not start getting into a debate on the matter. The chances of seeing one are slim, and even then shooting at them is not something we should be talking about, even in jest.

    Public perception, etc.
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  • Registered Users, Registered Users 2 Posts: 15,328 ✭✭✭✭Grizzly 45


    ezra_ wrote: »
    And before we get here (because in every conversation I've had with people, this is where it seems to end up),

    If the drone lands in your field: (and I'm assuming that it didn't land because it was set upon by shot and that it wasn't worrying livestock or doing anything other then just buzzing around) the following outcomes can happen:

    1) The operator asks you can either he retrieve his drone or can you get it for him. You agree, he says sorry and gets his toy back. World moves on.

    2) The operator asks you can either he retrieve his drone or can you get it for him. You say no and in effect, you are now in possession of his property and your actions are such that you intend to permanently deprive the operator of his property. Broadly speaking (real lawyers will cringe now) this is theft as you intend to prevent the owner for exerting his property rights and you are acting in a way to prevent the action from happening.

    This is pretty minor theft, and will probably result in a copper rocking up to your door and saying cop the hell on and give the man his drone back. But you can't just continue to say get off my land because by doing so, you are interfering with the drone operators property rights.

    3) The operator asks you can either he retrieve his drone or can you get it for him. You say no but he goes and gets it anyway. This is trespass and you could sue, but the operator would counter sue and accuse you of theft which he was preventing. Assuming that no damage was caused, a judge would probably just get annoyed with you both and tell you both to cop on. If damage was caused, you can seek redress but if you acted the maggot and prevented the man from (reasonably) seeking his drone which then lead to trespass which lead to damage to your land, you'd probably not get much in the way of compo as you would be part of the reason why damage was caused.

    4) The operator just goes and gets his drone. Trespass is your remedy and any damage caused by the drone or by the operator can be claimed against the operator. You didn't do anything here so are 'out of the equation' really.


    Actually aLOT more complex than all this.
    You OTOH can counter as to

    1] Why was he flying his drone over your private property,as this is tresspass and for what intent? Spying on your 16 year old daughter sunbathing?Recceing the farm for whatever malicious purposes?[ask NARA about THAT one they got into hot water already by spying on mink farms here in Ireland with a drone,and especially as they were liscensed as drone operators] Or being a general PIFH nosey busybody?AKA hunt sabs and antis.
    If you are a liscensed drone operator you have ZERO chance of explaining away a tresspass without consent under Irish law.A quarter of the course on drone operation in Ireland is concerned with this very subject.

    If you are an amatuer pilot associating with a doo gooder organisation,you are tresspassing with intent to invade privacy,no matter how justified your cause is
    Your right to privacyon your own property over rides alot of other rights and laws in Ireland.

    You OTOH cant shoot down this drone unless it is actually being used to physically attack you.iE you are being buzzed with it.Or it is following you in an aggressive manner.As they are liscensed supposedly by the IAA it would be simmilar to be shooting at a normal aircraft .BUT again this is all new technology and not exactly clear cut law either.So it will be a court situation of much cost to establish precedent.IE what would be the situation if you launched a counter drone with a net to catch the invader?Or used a signal blocker gun to bring down the drone undamaged[costs about 200 usd in parts to put one together] All intresting and novel ways to make barristers and solicitors tricher in the future.

    "If you want to keep someone away from your house, Just fire the shotgun through the door."

    Vice President [and former lawyer] Joe Biden Field& Stream Magazine interview Feb 2013 "



  • Registered Users, Registered Users 2 Posts: 1,924 ✭✭✭Reati


    ezra_ wrote: »
    Illegal.

    If someone drove into your property, you wouldn't start shooting the car (assuming the person had left it).

    Even after you've asked them to leave, you wouldn't start shooting the car because they weren't leaving fast enough.

    Even if they refused to move, you wouldn't start shooting the car.

    I kinda knew this would be the answer;)

    The other thing to note, as someone who is a licensed drone operator, is they are classed as small aircraft here. Broadly speaking of course, It's pretty illegal to shoot down an aircraft in flight. So shooting down a drone would be more trouble than it's worth if it is simply flying around your land and if like mine, it's registered as a small aircraft with the IAA. That said, I normally will get permission from a landowner to do fly overs because it's the right and best way to do things. It also is important for insurance reasons.

    On the other point, a drone operator is required to have permission to land / takeoff from private property. So if someone sets up base on your land, you have all the right to get them removed etc. You can't keep the drone though, same as if someone was walking through a field and you ask them to leave but take their phone. A grey area to this is if a drone needs to land for emergency reasons in a field. One example where this happens is flying on the coast and the coast guard heli enters your airspace. You are required to land asap till they clear the airspace. As such if you were to land in a field to facilitate this emergency and the landowner kept the drone it would be an interesting test case but I imagine in that case the law would favor the drone operator in that case. Again, for me I would have asked for permission before even operating but not everyone will.

    The long and short of it is - People shouldn't fly over property but some will. In the same way people will take a shortcut through a field without permission. The best course of action is to ring the guards who have the power to take the drone and report that person to the IAA to be fined etc


  • Registered Users, Registered Users 2 Posts: 272 ✭✭Bad_alibi


    "Sorry mr Garda. It looked like a crow to me. I've very bad eyesight. Left me glasses at home"

    mr. Garda's reply: sorry but if you can't see what your shooting at I think we'll just revoke your licence for public safety.


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  • Registered Users, Registered Users 2 Posts: 80 ✭✭bunnystalker


    Just how up off the ground is considered YOUR property ? Is lets say 50 feet up in the air still considered YOURS ? What about 100 feet 200 feet ? and so on.


  • Registered Users, Registered Users 2 Posts: 1,369 ✭✭✭ezra_


    Not defined by the Courts.

    Higher altitude airspace is public space. You have no rights to try and sue Ryanair who fly planes over your land.

    Lower altitude airspace can be private property, essentially you 'own' the lower altitude space to such height as is necessary for the ordinary use and enjoyment of your property.


  • Registered Users, Registered Users 2 Posts: 1,924 ✭✭✭Reati


    ezra_ wrote: »
    Lower altitude airspace can be private property, essentially you 'own' the lower altitude space to such height as is necessary for the ordinary use and enjoyment of your property.

    While this is in essence true, 30 meters or less is the defined legal limit at which you may not operate a drone without permission of the property owner.


  • Registered Users, Registered Users 2 Posts: 1,369 ✭✭✭ezra_


    Reati wrote: »
    While this is in essence true, 30 meters or less is the defined legal limit at which you may not operate a drone without permission of the property owner.

    I don't think this is strictly true. The SI on Drone use puts a cap at flying over 120m, and has some limits that means you can't fly within Xm of people / buildings. This is different from 'you can't fly a drone within 30m of a person without their consent. As of now, there is no precise legal definition of what constitutes 'aerial' trespass. The courts haven't put a hard limit on it either.

    If you live in a busy area, you'd probably find it harder to argue that a drone flying 100m overhead was trespassing as opposed to if you live on your own in the country, with sparse neighbours and no flightpaths nearby.

    All up to the judge on the day though!


  • Registered Users, Registered Users 2 Posts: 1,924 ✭✭✭Reati


    It is strictly true. As in the limits are specified in Irish law.

    "A person who has charge of the operation of a small unmanned aircraft which has a mass of less than 25 kilograms, without fuel but including any articles or equipment installed in or attached to the aircraft and including cargo at the commencement of its flight shall not allow such an aircraft to be flown, unless otherwise permitted by the Authority and subject to such conditions as are required by such permission:

    at a distance of less than 30 metres from a person, vessel, vehicle or structure not under the direct control of the operator;"


    Direct control to me is permission granted from a person. If you want to do it without direct control /permission of a person or building owner you need IAA permission. That, which I have had before, involves lots of details on how you will operate safely, why you are doing the flight, why you can't get permission etc.

    Where you are right is there is no defined "Aerial Trespass". A court case in this area would fall into the world of expectation of privacy, the intent of the pilot etc. If someone is flying 10 feet above your house, whether we define it as "Aerial trespass", invasion of privacy or just an annoyance, the SI states it's not allowed. It's clear cut if the judge follows the letter of the law. Until there is a case though, we're simply expressing opinion and to be honest, it's my opinion based on everything I've experienced so far doing work in the RPAS field (and knowing countless operators here) that there will unlikely be a court case brought. People have flown down O'Connoll street and over restricted areas like the Aviva Stadium and nothing was done about it.

    As a side note on the point of a busy area. You're not allowed operate drones in urban areas without IAA permission. The limit increases form 30 to 120 meters once there is 12 or more people in an area. At that point you can't fly above that area as 120 meters is the height ceiling for drones, you'd always be inside the limits.


  • Registered Users, Registered Users 2 Posts: 1,369 ✭✭✭ezra_


    You are missing the point.

    Lets say I have 20 acres and only 1 acre is buildings / sheds etc. I'm standing beside my house.

    A drone can fly over an empty field of mine, it is not in breach of that SI, as it is more than 30m away from me and my buildings. However, it is still flying over my land and so could be guilty of trespass as my property rights include some elements of low altitude air space.

    Currently, there is no set limit that if you fly at a minimum altitude of Xm, you are not trespassing. Instead, if I took a trespass case, the courts would examine whether the drone was flying at a height that disrupts my enjoyment of the property. They could rule that as it was 100m high, it wasn't trespass or they could rule that even at 119.9m it was trespass. Depends on the circumstances and the land.

    The SI only covers proximity to people / buildings, it doesn't cover trespass and the courts haven't set a hard limit on this, it is case by case.


  • Registered Users, Registered Users 2 Posts: 1,369 ✭✭✭ezra_


    Reati wrote: »
    Until there is a case though, we're simply expressing opinion and to be honest, it's my opinion based on everything I've experienced so far doing work in the RPAS field (and knowing countless operators here) that there will unlikely be a court case brought. People have flown down O'Connoll street and over restricted areas like the Aviva Stadium and nothing was done about it.

    Not even! Until there is a high court case, it won't set precedent.

    You raise a good point though - public areas like that are, IMO, less likely to have a case brought because they are public.

    Whereas people can get very prickly about their land and property rights and there are a large volume of trespass cases taken that really could be sorted in the pub with a beer but which end up in the DC/CC.

    If someone starts buzzing animals or winding someone up, you'll see cases taken as we see these already when people annoy livestock / people in a manner other than by drone.

    Won't solve the issue raised though as a DC/CC case won't set precedent and probably won't be reported unless something like the drone being shot out of the sky happened and the local papers report it.


  • Moderators, Sports Moderators, Paid Member Posts: 28,807 Mod ✭✭✭✭Cass


    Right folks.

    The topic of using drones for hunting is sketchy at best, but the thread has turned into a debate solely on drones and the legality of flying them.

    The thread will remain open, but lets get back to the original topic. Failing that i think the topic has been covered and this thread will have run its course.
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  • Registered Users, Registered Users 2 Posts: 9,204 ✭✭✭dodderangler


    Grizzly 45 wrote: »
    BTW Whats wrong with using a high seat??? It is a standard piece of hunting equipment in Europe for decades and is actually alot safer for shooting .

    Just don't think a high seat is hunting. It's sitting in a chair waiting on deer to come out in range. Just IMO it's not hunting. Going out and walking around looking for deer and stalking them is hunting.


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  • Registered Users, Registered Users 2 Posts: 11,392 ✭✭✭✭Vegeta


    Just don't think a high seat is hunting. It's sitting in a chair waiting on deer to come out in range. Just IMO it's not hunting. Going out and walking around looking for deer and stalking them is hunting.

    Do you think the same of flighting ponds for duck or shooting pigeons from a hide? :D

    To each their own and my opinion is not better or more correct than anyone else's but I see no harm in it. Not my cup of tea either but I don't see it as a lesser form of hunting.


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