Just a couple of thoughts on this. First, scouting an area with a chopper is counter productive. If you get low enough to actually land it, the game will take off before you can.
But more importantly - as hunters, we see everything from a hunting perspective. The fact of the matter is, most airspace is what is called class E or Class G - meaning unregulated (depends on altitude above the ground). (Airspace over designated wilderness an national parks is a different matter.) Aircraft can pretty much do what they want in these areas. They can train. They can be checking out a fire, or livestock, or you name it. They can be on a search and rescue operation, or they can do scenic flying, or even thrill flying. And that is independent of all hunting seasons.
Hunters are regulated, in how soon you can hunt after flying an area. Even if you are on the ground with an "eye in the sky", it isn't going to help any more/less than a spotter on the ground. Just because a helicopter or airplane is in the sky near where we are hunting, does not mean it doesn't have a right to be there, or isn't doing other things. Its crazy what general aviation folks will do to get their rocks off - like the group that Rulon Gardiner is part of that crashed their plane in Lake Powell a couple years back because they were skimming the water with their landing gear. They weren't trying to tick off the fishermen - they were out after the thrill of it all. And nearly died because of it. All I'm saying is we can't be so quick to jump to anyone in an aircraft are there to cheat the hunt, or ruin our hunt. Truth is, most are oblivious a hunt is even happening.