Unlawful use of a drone to capture video of killer whales.

[Dronecation]

The federal agency is warning drone operators that it is illegal to fly a drone within 304 metres of marine mammals:

B.C. film company fined $30K for flying drone too close to killer whales

The federal government has fined a Vancouver film company and its drone operator $30,000 for unlawful use of a drone to capture video of endangered killer whales off the British Columbia coast.

bc.ctvnews.ca

 

[mavic3usa]

Someone forget to tell them. Oh, never mind, this is another one of those drone-only laws. Just like the UK....Canada isn't a free country.

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[Cafguy]

Spotting, Herding, and Harassment of Wildlife is Prohibited For any aircraft! It can land you in some pretty hot water. ALL states that I know of require some sort of permit to spot, herd, or even observe Animals for long periods of time. There are consequences for not only the Animals you are watching BUT those other animals in the area. Remember You are Flying in their Home!
It is a known fact that constant Drone conflicts will cause a nesting bird to abandon the chicks. So we all should be responsible about watching, Flying around, and photographing animals and their habitats. Don't stick around forever and If the animal notices the Drone its time to leave!

 

[WV. Rootman]

Flying without a permit was definitely not the thing to do. They should have just went further up the coast and then tried to get a permit with the US, they might have done better.

 

[AeroJ]

illegal to fly a drone within 304 metres of marine mammals:

Well that's a weirdly specific number ! Perhaps at 306 meters everything is fine, but any less than that and their fins fall off

 

[Prop Wash]

304m is just shy of 1000'. I guess the zoom lens didn't get them what they needed. The "No Permit" thing is what got them especially since the 2020 permit had not been approved.

 

[Droning on and on...]

This is the sort of thing that, in the US, there's a reasonable chance of hearing from the authorities when you show off on social media.

Making sure you get properly punished for a BVLOS violation out on the south forty in the CA central valley, not so much.

 

[Meta4]

The federal agency is warning drone operators that it is illegal to fly a drone within 304 metres of marine mammals:

This happens all over the world because the rules will have been drawn up in the 1970's before there were drones.
The rules refer to "aircraft" and they are rigidly applied to drones despite drones having almost no impact upon whales.

 

[mavic3usa]

I am all for protecting wildlife and endangered species and I can even agree it's so important there should be zero tolerance and punishment commiserate with the "crime"; it just bugs me that "drones" always receive the most strict rules and the toughest sanctions when they are likely less than 1% responsible for any of the actual damages.

Is there are reason a bazillionaire who plows thru a pod gets only a $1000 fine or a guy gets fined $600 for jumping on top of one but you fly a drone and basically hurt no one but the fine is $30,000? And how exactly is a drone supposed to maintain 1000 feet minimum altitude over the water? Basically that translates to *prohibited.*

Ordinarily I would believe drones are simply thought to be particularly *egregious* but lately I've come to learn that it's probably because drone pilots are used to simply accepting disproportionally higher fines and penalties along with over-policing.

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Drones/Unmanned Aircraft Vehicle or System
(UAV/UAS) Guidance
The noise and close proximity of drones can disturb
wildlife. When viewing marine mammals from the
air using a drone: (1) maintain a 1,000-foot minimum
altitude within a 0.5 nautical mile (approx. 3,000
ft radius) of a marine mammal; and (2) avoid flight
maneuvers around marine mammals (on land or in
the water), as these actions may cause stress or alter
animal behavior. Know and follow all local regulations.

Source: https://www.bewhalewise.org/wp-content/uploads/2021/07/Be-Whale-Wise-Brochure-2021.pdf

 

[Droning on and on...]

Is there are reason a bazillionaire who plows thru a pod gets only a $1000 fine or a guy gets fined $600 for jumping on top of one but you fly a drone and basically hurt no one but the fine is $30,000?

Can you cite one example of a person being fined $30,000 for flying a drone too close to a whale? Any marine mammal?

Yeah, I thought not.

 

[Meta4]

Can you cite one example ...

Except for the one in post #1 .... I can't think of any.

 

[Droning on and on...]

Except for the one in post #1 .... I can't think of any.

True, but I wasn't including it for two reasons: Not the US, which is the jurisdiction @mavic3usa is regularly complaining hysterically about, and I don't include the $25,000 of the fine that was charged the company, not the pilot.

The pilot was fined $5,000, which is still excessive, but 1/6 of the sensational $30k.

Don't know Canadian law. In the US it would be child's play to get this overturned as a violation of the 8th amendment excessive fines clause.

 

[mavic3usa]

True, but I wasn't including it for two reasons: Not the US, which is the jurisdiction @mavic3usa is regularly complaining hysterically about, and I don't include the $25,000 of the fine that was charged the company, not the pilot.

The pilot was fined $5,000, which is still excessive, but 1/6 of the sensational $30k.

Don't know Canadian law. In the US it would be child's play to get this overturned as a violation of the 8th amendment excessive fines clause.

...but you get my point, right?

As a recreational flyer, if you get caught flying a drone *attempting* to capture a photo of a protected whale close up anywhere in north america and they catch you in the act, you can expect a five-figure fine after you bond out of jail and lose your drone....count on it. Otherwise, let's publish a fee schedule and stick to it just like all the other "crimes."

 

[Droning on and on...]

...but you get my point, right?

As a recreational flyer, if you get caught flying a drone *attempting* to capture a photo of a protected whale close up anywhere in north america and they catch you in the act, you can expect a five-figure fine after you bond out of jail and lose your drone....count on it. Otherwise, let's publish a fee schedule and stick to it just like all the other "crimes."

If that was your point, then no.

This will not happen.

We don't have to guess at this... It's already happened countless times within US territorial waters. MANY times.

First time offenders usually get a small <$1,000 civil fine, if any, a stern talking to, and a reminder of the rules. If there is a commercial whale-watching business involved, they will get nailed pretty hard. No mercy. Just like in the OP.

Google it. Carry on attempting to scare members with hysterical falsehoods. I've made my point.

 

[Dronecation]

The pilot was fined $5,000, which is still excessive, but 1/6 of the sensational $30k.

Don't know Canadian law. In the US it would be child's play to get this overturned as a violation of the 8th amendment excessive fines clause.

To quote, "
The DFO says the film company and its sister company in the United Kingdom had applied for a permit to film the at-risk species in 2020 but the application was not approved.

Despite the lack of a permit, the company's film crew was found using drones and underwater cameras to capture the endangered orcas at a rubbing beach on Vancouver Island."

The fact that they went ahead with filming without a permit, is probably the reason the fine was excessive.

 

[Dronecation]

This happens all over the world because the rules will have been drawn up in the 1970's before there were drones.
The rules refer to "aircraft" and they are rigidly applied to drones despite drones having almost no impact upon whales.

Good point. There are so many draconian laws that need updating...

 

[chadCO]

Look at the law.... it reads like a clown wrote it for other fellow clowns..... Simple rule..... Don't fly where clowns rule.

 

[chadCO]

Good point. There are so many draconian laws that need updating...

There are so many lawmakers that need updating.

 

[Mt-Ed]

Endangered?

 

[Capt KO]

We have those same laws in Florida but often dolphins and manatees pop up underneath my drone when I'm flying over local waters, especially when murky. I fly away from them but miss out on some awesome closeups that could eventually get me arrested. I never get away with anything.