Is It Illegal In Minnesota To Use A Drone To Photograph Wildlife?

This week, I spent some time down by the St. Louis River capturing a few photos of the migrating pelicans hanging out at Chambers Grove Park in Duluth.

While I was there, a man and his son launched a drone over the river, flying over some of the pelicans floating on the water. While they weren't getting very close to any of the pelicans, there were some flying around in the somewhat narrow river valley in the park area.

It was pretty clear that they were getting an aerial look at the pelicans, either capturing some photos or videos.

While they seemed to be maintaining some distance from the water, trying to respect the birds' space, it got me wondering if it is actually legal to do that. Not with any desire to turn them in or anything - just out of curiosity.

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Drones can provide some pretty unique opportunities to capture visuals of wildlife, and as someone who enjoys capturing wildlife photography (from the ground, at a distance, with my handheld camera), I wanted to know what the legalities with drones and wildlife are in Minnesota.

Is it illegal to use a drone to observe, photograph, or video wildlife in Minnesota?

The answer is a little more complex than a simple "yes" or "no". It's more about the circumstances and location, and less about a blanket rule or law about all wildlife.

A few years ago, someone captured some really cool video footage near Duluth (also on the St. Louis River) of some bobcats on the river's edge.

While the footage is dramatic and engaging, some people didn't like that the drone operator got so close to the bobcats. While they were certainly curious, they didn't appear particularly startled by the nearby drone.

Even then, something encroaching on wildlife like that can be controversial.

A Minnesota DNR publication from 2021 highlights that there has been some research into the impacts of drones flying near wildlife. In that research, animals that were observed also had heart rate sensors on them. While the animals didn't look disturbed or run, their heart rates did go up dramatically, indicating stress from the presence of the drone.

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While wildlife experts would tell you that you want to respect the space of wildlife so as not to harass them or cause any issues, is it illegal?

Generally speaking, no, it is not illegal to observe or capture photos/videos of wildlife using a drone in Minnesota statewide. Using them for hunting has a whole different set of regulations, where it is generally illegal.

If someone were to report an individual who was repeatedly harassing wildlife, a case could be made for a conservation officer or law enforcement to intervene.

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That said, there is no law explicitly banning the use of a drone just to observe or capture visuals of wildlife in areas around Minnesota where it is legal to fly. While not illegal, it probably isn't advisable in general.

There are, however, several places where it is illegal to fly a drone where a person might want to capture visuals of wildlife.

Where is it illegal to use a drone to capture videos or photos of wildlife in Minnesota?

If your aim is to use a drone to capture some videos or photos of wildlife, there are some spaces where you cannot do so at all.

While these spaces offer great wildlife viewing opportunities, there are drone usage restrictions or prohibitions in these places in Minnesota:

Boundary Waters Canoe Area Wilderness - All drone flying is prohibited.

US Forest Service-managed forest lands - Drones are permitted, but users are urged not to fly over wildlife or launch drones within 100 meters of wild animals.

Voyageurs National Park - Most national park spaces, including Voyageurs, ban the use of drones in most cases, particularly without a special permit.

Minnesota's national wildlife refuges - Operation of a drone is banned in all 13 of Minnesota's national wildlife refuges.

Minnesota state parks, state recreation areas, and state waysides - Landing any aircraft (including a drone) is prohibited in these spaces. While that doesn't explicitly ban launching/landing them outside of one of these spaces and flying them inside the space, this is strongly discouraged.

Minnesota state forests, scientific, wildlife management, and natural areas - While not prohibited, done flights are discouraged by the Minnesota DNR in these areas.