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Montana bill would curb same-day aircraft scouting and allow limited drone herding for agriculture
Summary
Senate Bill 106 would tighten rules on using aircraft and drones to locate or 'spot' game and create an exception allowing manned or unmanned aircraft to herd wildlife off agricultural fields in shoulder seasons; proponents cited harassment and trespass while FWP said enforcement is difficult under current law.
Senate Bill 106, introduced by Senator Denley Logie (Senate District 45), would expand and clarify Montana law governing use of aircraft and unmanned aircraft systems while hunting and add a narrow exception that allows manned and unmanned aircraft to herd wildlife for agricultural operations in non-hunting (shoulder) seasons.
Logie told the House Fish, Wildlife and Parks Committee proponents drafted the measure after local ranchers, sportsmen and agency staff in the 'Devil’s Kitchen' management team documented repeated helicopter and aircraft use that landowners said led to trespass, harassment and degraded fair-chase hunting opportunities. The bill’s language includes prohibitions on 'spotting' and 'intentionally interfering' with game and reinforces landing restrictions tied to land‑use rules.
Extensive proponent testimony described local problems and potential fixes. Chase Hibbard and other ranch witnesses described repeated crop losses and large elk concentrations and said thermal-imaging drones used by FWP in experiments successfully pushed elk away from hay fields and increased shoulder-season harvest rates. Multiple hunters and conservation groups argued the bill preserves fair chase and updates the law to include drones and other emerging technologies.
FWP Chief of Law Enforcement Ron Howell appeared as an informational witness and told the committee the agency currently has limited enforcement tools; he said proving criminal intent in aircraft cases is difficult but that SB 106 clarifies language on 'spotting' and narrows gaps that previously made prosecutions challenging. Committee members discussed flight-tracking data and the possibility of strengthening the same-day restriction to a 24-hour rule to reduce circumvention.
What the bill would change SB 106 seeks to: 1) prohibit using aircraft and drones to 'spot' or intentionally interfere with game in ways that alter animal behavior for hunting advantage; 2) tighten landing and land-use requirements for aircraft operations; and 3) allow agricultural operators to use aircraft/drones to herd wildlife from crops during shoulder seasons (with specific exceptions during elk shoulder seasons).
Next steps and uncertainties Committee and sponsor discussion indicated coordination with related bills (for example, proposals earlier this session addressing agency aircraft), and members debated whether to adopt a 24-hour prohibition rather than same-calendar-day language. Law-enforcement testimony and several witnesses emphasized enforcement will rely on reports, flight-tracking evidence, and county attorney review.
Ending: The committee closed the hearing with questions for staff and indicated amendments and coordination with related bills are likely as the language is refined.
