Texas: Using Drones to Deploy Fishing Bait Is Illegal

AUSTIN, TX – Due to technological advancements with Unmanned Aircraft Systems, also known as drones, now widely available, the Texas Parks and Wildlife Department has noticed an increase in questions connected to their use in relation to fishing and wildlife.

Some of the most frequent questions have been about the legality of using drones for deploying bait by surf or bank fisherman.

To address this, TPWD staff reviewed Title 50 of the Code of Federal Regulations (CFR) § 19.11, also known as the Federal Airborne Hunting Act (AHA), which was first enacted in 1956. Staff also sought guidance from the Office of Law Enforcement within the U.S. Fish and Wildlife Service. The result of that analysis and discussion is the determination that 50 CFR § 19.11 (b)(2) prohibits the use of aircraft, which includes UAS or drones, to take or attempt to take wildlife, or aid in the act of fishing.

For more information about Texas’ hunting and fishing regulations, visit tpwd.texas.gov. 

Definitions as defined in 50 CFR§10.12 that apply to 50 CFR § 19.11:

• Aircraft means any contrivance (device) used for flight in the air.
• Fish or wildlife means any wild animal, whether alive or dead, including without limitation any wild mammal, bird, reptile, amphibian, fish, mollusk, crustacean, arthropod, coelenterate, or other invertebrate, whether or not bred, hatched, or born in captivity, and including any part, product, egg, or offspring thereof.
• Take means to pursue, hunt, shoot, wound, kill, trap, capture, or collect, or attempt to pursue, hunt, shoot, wound, kill, trap, capture, or collect. (With reference to marine mammals, see Part 18 of this subchapter.)
• Wildlife means the same as fish or wildlife.

Does the AHA prohibit the use of UAS or drones by recreational, surf, or bank fishermen for deploying bait?

Yes. UAS or drones cannot be used to deploy bait according to 50 CFR § 19.11 (b)(2) as that is considered aiding in the take or attempt to take wildlife, which includes fish.

Does the AHA prohibit TPWD from issuing a permit authorizing the use of UAS or drones by recreational, surf, or bank fishermen for deploying bait?

Yes. 50 CFR § 19.31 (a) prohibits a state from issuing permits for the purpose of sport hunting, which includes recreational or sport fishing.