Airmen in the Pacific Northwest Face Possible Fines of up to $100,000

Effective February 27, 2012, a new regulation takes effect that would enable the National Oceanic and Atmospheric Administration (NOAA) to impose fines of up to $100,000 for flying at low altitudes (1,000 to 2,000 feet msl) over wildlife sanctuaries in the Channel Islands, Monterey Bay, and the Gulf of the Farallones National Marine sanctuaries in California and Washington.  It is important to note that the boundaries of the new protected areas differ from the boundaries depicted on current charts.

General Aviation organizations such as the Aircraft Owners & Pilots' Association (AOPA) and the Experimental Aircraft Association (EAA) have joined forces in an effort to delay implementation of the new rule without a depiction of the affected areas in graphic form.  Currently, NOAA plans to make Airmen aware of the areas through a Federal Register notice and press releases.  Fundamentally, strict adherence to publication of the lateral dimensions in the Federal Register is insufficient because Airmen correlate restricted/special use airspace with visual representations on charts.  Thus, absent an accurate depiction of the new boundaries of the protected areas, Airmen are certain to violate them due to a lack of proper notice. 

One of the more disturbing aspects to the new regulation is that the final rule contains a provision that presumes that wildlife have been disturbed if the Airmen strays into the ill-defined airspace.  Taken to the next logical step, in an enforcement proceeding, this contention would be impossible to disprove, save locating wildlife who are capable of providing cogent testimony. 

If you are planning a trip to the Pacific Northwest, and in particular a trip near one of the protected areas referenced above, then take every precaution to understand the lateral dimensions of the affected protected areas and avoid them.  Should the need arise to challenge a proposed penalty for violating one of these protected areas, then contact our Aviation Attorney Ronnie Gipson at 415.692 6523 or by email at gipson@higagipsonllp.com.