Rep. Paul Cook (R-Apple Valley) was the latest in a recent string of bills at state and federal levels to deal with wayward drones, an issue that raised the ire of firefighters last month in San Bernardino County.
At one point as they battled the massive Lake Fire in the San Bernardino Mountains, firefighting planes were grounded because of the interference of unmanned aircraft flying dangerously close to the air tankers.
The incident prompted a news conference the next day, where federal forest officials warned drone hobbyists not to fly into the fire, and it prompted an investigation into who was flying the drone.
But worse, officials said, it prevented firefighters from keeping control of what was an expanding wildfire and led to thousands more acres being scorched.
Cook, whose 8th Congressional District was part of the fire’s footprint, was incredulous when he heard about the incident.
“I couldn’t believe it when I heard that aerial firefighting was brought to a grinding halt because a reckless individual decided to fly a drone over the Lake Fire,” Cook said in a prepared statement. “Not only did it put the lives of aerial firefighters in jeopardy, but the loss of air support for fire crews allowed the wildfire to spread.”
Cook’s Wildfire Airspace Protection Act of 2015, introduced Thursday, would make it a federal offense to launch a drone that interferes with fighting wildfires on federal land.
Firefighters and other first responders who use drones for aerial firefighting would be exempted, if the bill were to pass.
But anyone convicted under the Wildfire Airspace Protection Act of 2015 would face a fine and up to five years of prison, according to Cook’s office.
“Interfering with our firefighters is a serious problem, and this legislation will ensure that those who endanger our firefighters in the future will face a serious penalty,” Cook wrote in his announcement.
Cook’s bill at the federal level came as two California state legislators launched a plan to make it a crime to fly a drone over a wildfire in California.
Assemblyman Mike Gatto (D-Glendale) and Senator Ted Gaines (R-El Dorado) introduced Senate Bill 167, which they hoped would put teeth into standing state law that outlaws efforts to interfere with firefighters’ battling a blaze. Right now, a misdemeanor would cost you $1,000.
The proposed law would beef that up, charging offenders a lot more for interfering, and would consider jail time when a drone is used without permission.
“These people are risking lives,” Gatto said of firefighters. “Just because you have access to an expensive toy that can fly in a dangerous area doesn’t mean you should do it. If these folks are callous enough to risk others for the thrill of flying into a public safety emergency, we have to make sure we send a signal that our society won’t put up with it.”
Gaines put it in even starker terms.
“Hundreds of families in my district alone have lost homes to wildfires,” he said in a statement. “In 2013, our nation mourned the deaths of 19 firefighters in Arizona who died fighting one of these blazes. One tanker drop could literally be the difference between life and death or a tract of homes going up in flames. To think that someone would interfere with firefighting efforts to get a sneak peek at the fire or to post a drone video on YouTube is an outrage that is deserving of punishment and condemnation.”
As it stands, the Federal Aviation Administration issues temporary flight restrictions over disaster and hazard areas, according to Gatto’s office. But there is no state penalty for violating those restrictions.
Though last month’s Lake Fire marked the first time firefighters in San Bernardino County encountered drones in their airspace, the unmanned aerial vehicles have surfaced during other wildland fires.
In April, the Minnesota Department of Natural Resources enacted rules requiring that drones be kept at least 5 miles from active fire zones.
The agency enacted that rule to avoid collisions because drones were flying at the same height as firefighting helicopters.
And in July 2014, the pilot of an unmanned aircraft filming the Sand Fire in the Sierra Nevada foothills east of Sacramento was told cease his flight. Authorities said the flight was a potential danger to firefighting planes.
And also in June, a day after the drone incident in the San Bernardino Mountains, aircraft dropping retardant on a smaller blaze — dubbed the Sterling Fire — in northeast San Bernardino, were temporarily halted after a drone had flown over the fire, which is considered restricted airspace. At the time, the fire was threatening homes in the area.
Federal Aviation Administration regulations on model aircraft and drones put a flight ceiling on the machines at 400 feet, with a weight limit at 55 pounds.
The regulations also require notification when drones are to be flown less than 5 miles from an airport. And they must be operated in accordance with a “community-based” set of safety guidelines.
While Gaines and Gatto lamented the wayward scenarios, they praised the potential of drones to help fight fires, along with advances in technologies, materials and communications that could promote fire safety.
Cal Fire, the state’s fire service, declined to comment on SB167, saying they don’t comment on pending legislation.
©2015 the San Bernardino County Sun (San Bernardino, Calif.) Distributed by Tribune Content Agency, LLC.
