Long-distance swimmer draws attention to improper drone use

A DEC spokesperson said Friday it is investigating the incident

By Mike Lynch

A man attempting to swim the 315-mile Hudson River drew some unwanted attention this week when his videographer used a drone improperly in the High Peaks Wilderness. 

A spokesman for swimmer Lewis Pugh said the drone use, which appeared to be at the Hudson’s headwaters at Lake Tear of the Clouds on the slope of Mount Marcy, was “an honest oversight” and that his team is now complying with wilderness regulations after being briefed by state Department of Environmental Conservation officials. 

It is illegal to launch a drone and use motorized equipment in wilderness and primitive areas of the Adirondack Park. 

Federal Aviation Administration rules also ban drones from flying more than 400 feet above the ground in most areas. In addition, operators must maintain visual line of sight of the aircraft at all times and not fly over people.

A DEC spokesperson said Friday it is investigating the incident and that no permit for the use was issued. The offense carries a potential fine of up to $1,000 per day the drone is used. 

Pugh began his swim on August 13 and plans to finish at Battery Park in New York City on September 13.  The drone footage was part of a video shared on social media on August 14 by the English swimmer, who is traveling with a small crew. 

Pugh’s personal website biography says he “was the first person to undertake a long-distance swim in every ocean of the world. He pioneered the first swim across the North Pole, the first swim along the length of the English Channel, the world’s highest swim and even a swim under the Antarctic ice sheet.”

He hopes to “highlight the critical importance of river health to the health of the world’s oceans and the overall global environment,” according to a press release about his adventure. 

He plans to finish his trip shortly before Sept. 20, when nations are scheduled to begin ratifying the High Seas Treaty, which aims to protect biodiversity in the world’s oceans. 

His swim will be unassisted. He plans to only wear goggles, a cap and a swimsuit. His itinerary calls for swimming 10 miles per day and hiking around more intense rapids, such as those in the heart of the Adirondacks. 

“The Hudson is truly majestic, but, like most rivers, it begins with a trickle in fairly rough terrain, so this swim will actually have to begin on foot to negotiate rocks and very dense vegetation,” Pugh said in his pre-trip press release. “That terrain quickly evolves into white water rapids and waterfalls that demand respect, so my expedition team and I are studying every twist and turn of the river keenly.” 

Pugh’s efforts have drawn international attention and he was featured earlier this summer in the New York Times.  North Country Public Radio reported that the state was investigating use of a drone.

Adirondack Mountain Club spokesperson Ben Brosseau said he noticed the video clip of Pugh on social media. He said the “magnitude” of Pugh’s effort is what really makes it a problem because it has the potential to inspire others to use drones in the High Peaks. 

But Brosseau, an FAA-certified drone user, said he’s also sympathetic to Pugh’s team because it can be difficult to find information about flying drones in the Adirondack Park. 

For instance, he said the FAA’s “B4UFLY” App, includes information about federal wilderness areas in Vermont and New Hampshire, but it doesn’t include New York’s wilderness areas. 

“I think that’s a bit of a disconnect that needs to be amended if we want to avoid these things in the future,” Brosseau said. 

Still, he said Pugh should have checked with the DEC prior to the drone flight to avoid the issue. 

This story was updated and amended to strike that this swimmer would be the first to swim the entire Hudson River.