U.S. tourist will forfeit $7,000 for flying a drone near a wildfire in a national park

A visitor to Jasper National Park was fined $7,000 for flying a drone during an active wildfire. 

On January 26 at Jasper Provincial Court, federal crown prosecutors explained that on September 3, 2022, Richard Jason Rowe, from North Carolina, U.S., was observed flying a Remote Piloted Aircraft System (RPAS) near Jasper Lake.

At the time, an active wildfire was in the area. The Chetamon Mountain wildfire, which had ignited after a September 1 lightning storm, was only about 400 hectares in size when Rowe was flying his drone—in the next 48 hours it would grow exponentially, to more than 8,000 hectares. But the fact there were helicopters in the air was considered an aggravating factor to the offence, Judge J.P. Higgerty heard.

“What’s at risk is helicopters have to be grounded,” crown representative Dawn Poskocil told the court. 

If helicopters have to be grounded due to safety concerns caused by drones in the area, the risk to firefighters, firefighting operations and the public goes up, Paskosil said. 

“If firefighters are dropped off they couldn’t evacuate in an emergency and helicopters can’t provide air bucket support to fight the fire.”

Mitigating factors that should lessen the punishment, according to Rowe’s lawyer, included landing his drone as soon as it was pointed out to him his actions were illegal; a very early guilty plea; and admitting his culpability to the peace officer who—upon discovering the vehicle and license plate that was reported by members of the public—pulled him over the following day.

“I submit he’s show nothing but contrition,” said defence lawyer McCallister. “He’s taken full responsibility for his actions.”

McCallister and the Crown made a joint submission to fine Rowe $7,000 for contravening the Canadian National Parks Act. Judge Higgerty agreed the offender should get his drone returned and passed on the message to McCallister’s client that the fine will go to an environmental damages fund, to be used to protect, preserve and restore the national park.

“Maybe this will help Mr. Rowe adjust, because it is a stiff fine,” Higgerty said. 

The magistrate reminded the court why drone usage is illegal in a national park.

“They can be quite alarming to wildlife,” Higgerty said. “We have various species in the national park where their continued existence is fragile.”

Rowe was given six months to pay his fine. 

This case was the latest of several drone-flying offences that have come to Jasper Provincial Court following the Chetamon Wildfire in Jasper National Park.

Bob Covey // bob@thejasperlocal.com