STATE OF :UFORMA NATURAL RESOURCES AGENCY DWN G BROAN, Sommer DEPARTMENT OF FORESTRY AND FIRE PROTECTION Legal Serves Omen pose ‘tr ssa August 27,2015 ‘Sent Via: U.S. Postal Mail and E-mail (matthew@sactownmedia.com) Matthew Keys, 5377 Vaca Station Road, #283 Elmira, California 95625-0263 Re: Your Public Records Act Request (Our Ref: PRA No.: 15-P-357 Dear Mr. Keys: CAL FIRE has received your Public Records Act (PRA) request and is currently searching {or responsive documents. Due to the need to search for responsive documents at one of CAL FIRE's facilites that is not located at CAL FIRE Headquarters located in Sacramento, California, lam extending the ime to respond to your request until September 9, 2016. Califoria Government Code Section 6253(c)(1) authorizes an extension ofthe time required in which to respond to a PRA request due to “t]he need to search for and collect, the requested records from field facilities or other estabishments that are separate from the office processing the request.” In the meantime, please find enclosed information on CAL FIRE’s policy on use of drones. “Thank you for your courtesy as we continue to search for documents responsive to your request. Sincerely, Rebekah Gibson Senior Counsel California Department of Forestry and Fire Protection 916-659-1002 Rebekah Gibson@fre.ca.gov ‘CONSERVATION 6 WISEXEEP CALFORMA GREEN ANOGOLDEN "LEAGE ReMOMOCR TO CONGEIVECHENGY. FOR THE AKO NFAT VT "TEX YOUN ROME ATYHINCA GY:State of Cafoma Natural Resources Agency Memorandum Deputy Directors, Date: May 18, 2015 Region Chiefs Assistant State Fire Marshal Telephone: (916) 653-9424 Assistant Deputy Directors ‘Assistant Region Chiefs Website: www fire.ca.gov Unit Chiefs Program Managers and Staff Chief “bu From: KEN PIMLOTT, Director California Department of Forestry and Fire Protection (CAL FIRE) ‘Subject: Remotely Piloted Aircraft (Drones) ‘With the increasing public attention regarding the impacts as well as beneficial uses of remotely piloted aircraft, commonly referred to as drones, | want to ensure that there is, clear direction to all CAL FIRE employees concerning this emerging technology. Drones are readily available in both the commercial and hobbyist market-place. This affects CAL FIRE in two different respects: (1) as a potential airspace safety issue when drones are flown in the area surroundirg an emergency incident, and (2) as a potential ‘consumeriuser of drone technology to accomplish a variety of operational tasks. CAL FIRE must immediately address both issues as we move to @ more permanent solution, ensuring the safety of incident airspace and taking advantage of technology that could provide new operational efficiencies and benefits. With this in mind, the Fire Protection Program has formed a working group to assess the operational noeds for this technology and the current capabilties that are available, CAL FIRE's long-term direction, however, will depend in large part on regulations currently being written by the Federal Aviation Administration (FAA), and our own State legislature, which is ‘considering a variety of different State tvs and proposals that may regulate drone use in California. With regard to protecting airspace, the current FAA regulations apply in terms of prohibiting anyone from fying drones into the area when a Temporary Fight Restiction (TER) has been established. While the regulations are clear, they are not widely known ‘or distributed, particularly within the fast-growing world of hobbyist users. In addition, a recent FAA ruling does allow forthe media use of drones, including areas around an incident, when no fight restrictions are in place ‘The Department's Legislative and Communications Programs are developing strategies for public awareness campaigns to better inform drone users of the public safety dangers of drone use near emergency incidents and the associated FAA prohibitions. Al incident commanders and air operations personnel should not hesitate to request a The Daparmot of Fore and Fre Praetion sre and nar he poole and pra the propery andenure of ClrRemotely Piloted Aircraft (Drones) May 18,2015, Page 2 ‘TER early in an incident i the potential for threats exist and be prepared to ground air resources if placed at tisk by drone use in the area ofthe incident, ‘The government use of drones for operational or research purposes, particulary in agencies with law enforcement personnel, is stil highly controversial and subject to debate in both public and legal forums. Until there is further clay from federal and State regulatory agencies, the use of drones by CAL FIRE employees in any capacity is prohibited without Director approval. This restriction apples to any CAL FIRE employee, including those funded through a local government cooperative agreement. “The Departments working group wil continue to evaluate the use of drones by CALFIRE and | am confident that we wil establish clear policy and procedures that wil benefit both CAL FIRE and the public as it relates to this technology. In the meantime, please direct any questions to Staff Chief Kevin Guerrero, Fire Protection Operations. and Chair ofthe Unmanned Aerial Systems (UAS) Working Group at (918) 657-4549. ‘ec: Chief Deputy Director State Fire MarshalUnmanned Aerial Systems (UAS) 7768 (April 2018) Privately owned (employee owned) Unmanned Aerial Systems (UAS or Drones) regardless of size shall not be utilized at any time while on duty, or in, on, of around State owned / controlled property, equipment, aircraft, or in conjunction with any State business, including incidents, The Department will maintain a Zero tolerance polizy to the above due to potential safety, damage, loss/recovery, and labilty issues. Unmanned Aerial Systems operating in the national airspace system are considered by the Federal Aviation Administration (FAA) as aircraft, regardless of size. Accordingly, any use of UAS technology (including through agreements), acquisition, contracting or leasing of UAS must be approved by the Director. Any CAL FIRE leased, contracted, or owned UAS will require a Certificate of ‘Authorization (COA) from the FAA before operating within the national airspace system ‘The COA request process is extensive and includes requirements similar to manned aircraft in terms of plot training and currency, airworthiness approval, avionics, and ‘operational restrictions. In certain extenuating circumstances the Director may approve UAS use absent a COA per FAA “Interim Operational Guidance 08-01 Sec. 4.1" UAS operated by the National Guard, Military, or other cooperators for the CAL FIRE mmission are subject to the approval requirements in & 100 HB Procedure 390 which requires Executive approval, ‘The Department recognizes the high potential for UAS operations and the importance of this technology. Since this is a new program, CAL FIRE intends to proceed cautiously Unauthorized UAS Use Reporting 7768.4 (April 2015) ‘Any observation of potentially unauthorized UAS use shall immediately be reported throagh the appropriate chain of command. If at all possible, identifiction of size, type, location, and source of the UAS should be determined and reported.