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Why the Government Doesn’t Want You Filming Bald Eagles with a Drone

Many people assume that because bald eagles were removed from the federal list of threatened and endangered species in 2007, they are no longer under strict protection. This is far from the truth. Despite their growing population, bald eagles remain heavily protected by multiple federal laws, and disturbing them in any way – intentionally or not – can land you in legal trouble.

Two Federal Laws That Could Get You in Trouble

Two Federal Laws That Could Get You in Trouble
Image Credit: Survival World

If you’re a drone pilot hoping to capture stunning aerial footage of a bald eagle, you need to be aware of two critical laws: the Bald and Golden Eagle Protection Act and the Airborne Hunting Act. These laws don’t just regulate hunting or harming these birds; they also cover behaviors that could be seen as disruptive, including simply getting too close with a drone.

The Bald and Golden Eagle Protection Act: More Than Just Hunting

The Bald and Golden Eagle Protection Act More Than Just Hunting
Image Credit: Survival World

This law, originally enacted in 1940, makes it illegal to “take” a bald or golden eagle. But “take” doesn’t just mean hunting or capturing – it includes harassing, disturbing, or interfering with their natural behaviors. If a drone causes an eagle to change its flight pattern, leave its perch, or abandon a nest, that could be considered a violation. Since the law doesn’t specify an exact distance that qualifies as “disturbing,” enforcement is largely subjective.

The Airborne Hunting Act: Not Just About Hunting

The Airborne Hunting Act Not Just About Hunting
Image Credit: Survival World

At first glance, the Airborne Hunting Act seems completely unrelated to drones and eagle photography. This law, passed in 1971, was originally meant to prevent hunters from using aircraft to chase or harass wildlife. However, because drones are legally classified as aircraft, the law applies to them as well. That means if your drone is seen as disturbing an eagle or any other wildlife, it could be interpreted as a violation—even if you had no intention of harming or hunting the bird.

Drones Are Considered Aircraft Under the Law

Drones Are Considered Aircraft Under the Law
Image Credit: Survival World

One of the most surprising aspects of these regulations is that drones fall under the same legal category as full-sized planes and helicopters. Even though they are much smaller and quieter, they are still considered aircraft when it comes to federal wildlife laws. This means drone pilots are subject to the same restrictions as someone flying a Cessna over a wildlife reserve.

What Counts as “Harassment” or “Disturbance”?

What Counts as “Harassment” or “Disturbance”
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Unlike speed limits or altitude restrictions, these laws don’t provide clear-cut measurements for what is and isn’t allowed. There’s no official “safe distance” for filming bald eagles with a drone. Instead, enforcement depends on how the eagle reacts. If the bird flies away, stops feeding, or appears agitated due to a drone’s presence, authorities may consider it a violation.

Drone Pilots Have Been Contacted by Federal Agents

Drone Pilots Have Been Contacted by Federal Agents
Image Credit: Survival World

Drone operators who have posted footage of bald eagles online have found themselves receiving calls from the U.S. Fish and Wildlife Service. In some cases, officers have requested that videos be removed, explaining that even well-intentioned drone flights can have unintended consequences. While warnings are often given instead of immediate fines, repeat offenders or those causing serious disruptions could face legal action.

Eagles Have Abandoned Nests Due to Drone Interference

Eagles Have Abandoned Nests Due to Drone Interference
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One of the main concerns driving these laws is the potential for drones to cause nesting eagles to flee. In some reported cases, bald eagles have abandoned their nests after being harassed by aerial vehicles. This is a serious issue because eagle nests are critical to the survival of their young. If an adult eagle leaves a nest for too long, eggs or chicks may not survive.

The Bigger Issue: Wildlife and Technology Collide

The Bigger Issue Wildlife and Technology Collide
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The rise of drones has created new challenges for wildlife protection agencies. Unlike traditional aircraft, drones are easy to obtain, relatively cheap, and can be flown by people with little to no aviation knowledge. While they offer incredible opportunities for photography and research, they also introduce new risks, especially when used near sensitive wildlife.

What You Can Do to Stay Legal

What You Can Do to Stay Legal
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If you want to capture footage of bald eagles without breaking the law, the safest approach is to stay far away and use a zoom lens instead of a drone. If you’re unsure whether you’re violating any regulations, it’s best to check with local wildlife authorities before filming. And if you notice that an eagle reacts to your presence, backing off immediately is the best course of action.

Could These Laws Be Updated?

Could These Laws Be Updated
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Some argue that these laws were written long before drone technology existed and may not be entirely fair in today’s world. The Airborne Hunting Act, in particular, was never designed with drones in mind, yet it is now being applied to them. While it’s unlikely that the government will relax protections for bald eagles anytime soon, there may eventually be more specific drone-related regulations to clarify what is and isn’t allowed.

A Fine Line Between Respect and Curiosity

A Fine Line Between Respect and Curiosity
Image Credit: Survival World

Bald eagles are majestic birds, and it’s understandable why so many people want to capture their beauty on camera. However, laws exist to protect these animals from unintended harm, and drone pilots need to be aware of the legal risks. If you plan to film wildlife, understanding these laws can save you from fines, legal trouble, and potentially harming the very creatures you’re trying to appreciate.