“Frankly, that is killing and not hunting,” he said.

He’s also been hunting when planes scouting for animals have flown overheard, spooking his quarry and ruining the hunt.

The law may be tough to enforce, Muratore admits.

“There are a lot of game regulations that are difficult to enforce,” he said. “But it doesn’t mean we shouldn’t have them.”

The regulation is not intended to prevent people from flying as recreation or using drones or using planes to count their cattle, Nesvik said. It only prohibits using aircraft – manned or unmanned – to scout for big game.

That is why the Commission used the word “intent” in the regulation.

“This prohibits a person who intentionally takes a plane or drone out to find animals to hunt them. This is not aimed at a person who likes to fly,” Nesvik said. “The bar will be high. But that’s the way it’s got to be. We can’t criminalize people doing normal activities.”

Surrounding states are also in the process of changing their regulations or have gone so far as to ban scouting for game animals for the entire year.