Mark Kues's drone flying over Seeley Lake during the flooding this spring.
On Aug. 2, 2017, aerial operations on the Rice Ridge fire near Seeley Lake were shut down due to a drone incursion. Several scooper planes, a couple of helicopters, retardant planes, air attack and lead planes for the retardant were all grounded until the drone was secured. This was one of three drone incursions on the more than 160,000-acre wildfire that threatened Seeley Lake last summer.
"It was significant," said U.S. Forest Service Federal Law Enforcement Officer Tyler Robinson who investigated the Aug. 2 incursion. "To me first and foremost it is the safety of the pilot [and firefighters]. But secondly, during a critical fire like the Rice Ridge fire, we are trying to protect the town, homes, life and property of Seeley Lake residents and visitors."
Robinson cited the drone pilot for entering a Temporary Flight Restriction (TFR) and illegally conducting a commercial activity since he was being paid to film the group he was with. Robinson did not seize the drone. The rest is up to the U.S. Attorney's Office whether he will be prosecuted.
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Colorado U.S. Senators Michael Bennet (D) and Cory Gardner (R), and Colorado Representative Scott Tipton (R), introduced the Securing Airspace For Emergency Responders (SAFER) Act June 27 to both the U.S. House and U.S. Senate. If passed, this legislation would make the unauthorized use of an Unmanned Aircraft System (UAS) over a wildfire a federal felony.
Drones flying near wildfires can interfere with aerial firefighting missions, which usually occur at or below 200 feet above the ground - the same airspace where many hobbyist drones fly. If unauthorized drones are spotted near a wildfire, air operations will often land all firefighting aircraft for safety concerns.
Robinson said this jeopardizes the safety of the pilots and the firefighters and prevents suppression actions that are being taken to protect life and property. It also adds unnecessary cost and restitution for shutting down aircraft.
According to the United States Code, Title 18, Crimes and Criminal Procedure, there are several federal statues that could be used to investigate and prosecute unlawful activities accomplished using a suitably equipped Unmanned Aircraft Systems. A felony conviction could result in up to 20 years of confinement or more if the act causes death.
"There are some laws on the books and they aren't bad," said Robinson. "I'm always excited and hopeful that Congress would pass some simpler laws to be utilized to help us in these instances specific to fires."
Mark Kues is a 21-year firefighter that worked on the Rice Ridge fire. He is currently working on his commercial pilots license to fly a drone.
"As a firefighter and a drone pilot, I think [the SAFER Act] is a good idea," wrote Kues in an email. "I know how this interference is to the fire ground operations, let alone the safety of those firefighters."
Kues recalled when they lost air support on the Rice Ridge fire due to a drone being flown in TFR airspace over a fire.
"We lost our lookout and [it] also hampered with extinguishing operations," wrote Kues. "If you are going to own one, you should know the laws that come with one."
"I've heard firsthand from the men and women fighting fires about the problems and risks they encounter with unauthorized drones flying over wildfires," Senator Gardner said in a press release. "It puts the lives of firefighting personnel at risk and enhances the threat to public safety by causing the grounding of aerial firefighting assets because the airspace over a fire isn't secure. We need to put a stop to this and the SAFER Act can help do that by making it a federal felony to fly unauthorized drones over wildfires."
In the meantime, Robinson said people must be aware of their surroundings because "there was no reason" for the drone pilot charged in the Aug. 2 to not know there was a fire in the area. He also said that when using the more sophisticated drones, the pilot must override the TFR warning before they can fly into the airspace. Even if there is not a TFR in place, if it obstructs something on the fire and aircraft are grounded, the drone pilot can still be charged.
"If we hear aircraft has been grounded and they had to stop operations, then we do have misdemeanors for interference," said Robinson highlighting this can be at the state and federal violation. Law enforcement officers can also arrest the pilot, seize the drone and/or collect information on it.
However, if there are no aircraft over a fire and a drone is reported, Robinson said law enforcement will still try to make contact with the pilot to educate them and tell them to keep the drone on the ground.
"If aircraft is up, it is a much bigger deal because life and limb are at stake," said Robinson.
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Colorado's legislature passed a law during the 2018 session making it a misdemeanor to fly a drone in a way that impedes a police officer, firefighter, emergency medical service provider or rescue team. When the state law goes into effect in August drone operators who are convicted could face a $1,000 fine and up to one year in jail.
"I'm hoping that the state of Montana catches up with some laws," said Robinson.
Currently in Montana, if a pilot is caught flying a drone over a wildfire, citations can include but are not limited to: reckless endangerment, criminal mischief, voyeurism and inciting violence. The drone pilot can be held financially responsible for the cost of shutting down aircraft.
"It gives us a little [opportunity for legal action] here in Montana but there is nothing specifically addressing drones over fires other than at the civil level," said Robinson.
To keep drone pilots aware of flight restrictions, the FAA has a smartphone app called B4UFLY which helps drone pilots determine whether there are any restrictions or requirements at the location where they want to fly. Additional information is available at https://www.faa.gov/uas/where_to_fly/b4ufly/
Wildland fire management agencies are also using a variety of communication tools to connect with drone pilots. Additional information is available at https://www.nifc.gov/drones/index.html
How to Report a Drone Incident to the FAA
• Identify operators and witnesses (name, contact information)
• Type of operation (hobby, commercial, public/government)
• Type of device(s) and registration information (number/certificate)
• Event location and incident details (date, time, place)
• Evidence collection (photos, video, device confiscation)
Contact the FAA LEAP agent of FAA Operations Center for assistance: In Montana call 425-227-1999 or email 9-WSA-OPSCTR@faa.gov
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