Drones/Unmanned Aircraft Systems
What is a UAS?
UAS is the acronym for unmanned aircraft systems or, simply put, an aircraft without a human pilot onboard. Unmanned aircraft vehicles (UAV) or drones are other names you may have heard.
Is drone (UAS/UAV) use permitted on KDWP owned and managed properties?
Drone (UAS/UAV) use is only permitted within specified UAS operating areas located at some state parks. The use of a drone (UAS/UAV) is not permitted outside of these areas unless authorized by the KDWP Secretary (KAR 115-8-13). Within the designated operating areas, flying over people, structures, campgrounds or beaches is prohibited.
What KDWP properties have drone (UAS/UAV) operation areas?
The list of state parks with drone (UAS/UAV) operating areas is in development.
What are the penalties for unlawful use of drones (UASs/UAVs) on KDWP owned and managed lands?
Unlawful use of drones (UASs/UAVs) is classified as a Class C misdemeanor that can result in fines or jail time.
Who do I contact for more information about using drones (UASs/UAVs) on KDWP owned and managed lands?
For more information about drone (UAS/UAV) use at a contact the state park or an appropriate regional office.
Are licenses required for drone (UAS/UAV) operation on KDWP owned and managed lands?
Federal Aviation Administration (FAA) regulations pertaining to drone (UAS/UAV) use are available at https://www.faa.gov/uas/getting_started/. In general, hobby flight requires the drone (UAS/UAV) be registered, but no pilot certification. Any non-hobby commercial use requires both drone (UAS/UAV) registration and a remote pilot certification.
All federal regulations pertaining to drone (UAS/UAV) use apply on KDWP owned and managed lands.
Are there statutes regarding privacy that apply to drone (UAS/UAV) use?
Yes. Kansas Statute 60-31a02 provides protection from stalking or harassment, including the use of drones (UASs/UAVs) over or near any dwelling, occupied vehicle, or other place where one may reasonably expect to be safe from uninvited intrusion or surveillance.
Can drones (UASs/UAVs) be used for hunting or scouting?
No. The use of drones/UASs/UAvs for scouting or hunting is prohibited in Kansas. Both federal (16 USC 742j1) and state (KAS 32-1003) statutes prohibit the use of aircraft to take wildlife.
Can drones (UASs/UAVs) be used for fishing?
No. The use of drones/UASs/UAVs is not a permitted method of take for fish in Kansas. (KAS 32-1002)
Can drones (UASs/UAVs) be used to locate harvested game?
No. Based on the definition of take in KAS 32-701, a drone (UAS/UAV) can not be used to locate wounded or harvested game.
Can drones (UASs/UAVs) be used to film hunts?
Drone (UAS/UAV) use for filming is permitted on land not owned or managed by KDWP as long as it is not used as part of taking or locating game.
Drones (UASs/UAVs) may not be used to film hunts on KDWP owned and managed land.
Can a UAS be used to harass wildlife?
Harassment of wildlife with any aircraft, including drones(UASs/UAVs), is prohibited by federal regulation.
How do I report unlawful use of drones (UASs/UAVs)?
You can report illegal operation of drones (UASs/UAVs) related to fisheries, wildlife, or KDWP owned or managed lands through Operation Game Thief by calling toll-free 877-426-3843 or submitting a report form online.
Illegal operation of drones (UASs/UAVs) that does not relate to wildlife or department lands can be reported to the Federal Aviation Administration.
Can I shoot down a drone (UASs/UAVs)?
It is a felony to damage or destroy any aircraft, including drones (UASs/UAVs) (18 USC 32)