It would depend on how that state law is written...for example here in Oregon:
2017 ORS 498.128¹
Use of drones for pursuit of wildlife prohibited
(1) The State Fish and Wildlife Commission shall adopt rules prohibiting the use of drones for the following purposes related to the pursuit of wildlife:
(a) Angling;
(b) Hunting;
(c) Trapping;
(d) Aiding angling, hunting or trapping through the use of drones to harass, track, locate or scout wildlife...
In West Virginia the definition of “hunt” is:
Hunt: to chase, catch or take wild birds or animals.
WV Game regulations state:
Prohibitions
It is illegal to hunt, harass or shoot at wild animals or wild birds from an airborne conveyance, a drone or other unmanned aircraft (including the use of a drone or unmanned aircraft to drive or herd any wild bird or wild animal for the purpose of hunting, trapping , wounding, harassing, transporting, or killing), from a vehicle or other land conveyance, from a motor-driven water conveyance, or from or across a public road, unless specifically authorized to do so by law or regulation. You may shoot from a motorized watercraft if the motor has been completely shut off and progress from the motor has ceased.
A good attorney could argue IF the wildlife was not being harassed or driven that regulation does not apply...BUT if an examination of the drone video (if one was taken) makes it apparent that the animal(s) were moving as a result of the drone activity then harassment would be evident and your goose is cooked (pun intended).
EDIT: I was finally able to open the article from the newspaper linked in posts above.
Since there were two persons, two rifles within immediate access and they stated they were ‘looking for deer’ they were hunting.
The fact that the Mini has a weight of 249g likely will not sway the judge as state regulations say ‘airborne conveyance, drone or other unmanned aircraft’; that pretty much covers anything regardless of weight.
www.wvgazettemail.com
