Current through Register Vol. 48, No. 38, September 20, 2024
a) All
applicants and falconry permit holders must provide suitable facilities (mews
and/or weathering area) for all raptors they possess.
1) All applicant facilities must be inspected
and certified by a Department representative prior to issuance of a falconry
permit. Permittees who move to a new residence or change the location of their
facilities within the State of Illinois prior to the permit's expiration must
notify the Department in writing within 5 days and request inspection of any
new facilities by a representative of the Department.
2) All falconry permit holders are subject to
inspection of raptors, eggs, or parts of raptors, facilities, records and
equipment at any reasonable time.
3) Housing facilities for falconry raptors
may be located on property not owned by the permittee as long as the facilities
meet the requirements in Section
1590.80
(b,)(c) and (d), and the permittee and landowner sign a dated statement
agreeing that the raptors and facilities may be inspected by the Department at
any reasonable time of the day in the presence of the landowner, except that
Department representatives may not enter the facilities or disturb the raptors
unless the permittee is present.
4)
A falconer holding an Illinois falconry permit and residing part-time in
another state or territory or on tribal lands must contact that jurisdiction to
determine if a permit is needed. If a falconer resides for more than 120
consecutive days in a state or territory or on tribal lands other than where
his or her primary residence is located, then the falconer's facilities at the
second location must meet the federal standards (
50 CFR
21.29(d)) and the second
facilities must be listed on the falconer's permit.
b) Facilities for housing raptors indoors
(mews) and outdoors (weathering area) shall protect the raptors in them from
the environment, predators and domestic animals and shall meet the following
standards:
1) The facility shall have a
suitable perch for each raptor and at least one opening for sunlight, and shall
provide a healthy environment for raptors inside.
2) Untethered raptors may be housed together
if they are compatible with each other.
3) Each raptor must have an area large enough
to allow it to fly if it is untethered or, if tethered, to fully extend its
wings or bate (attempt to fly while tethered) without damaging its feathers or
contacting other raptors.
4) Each
falconry bird shall have access to a pan of clean water unless weather
conditions, the perch type used or some other factor makes access to a water
pan unsafe for the raptor.
c) A mews must meet the following additional
standards:
1) The mews must be large enough
to allow easy access for the care and feeding of raptors kept there.
2) Any non-solid walls in a mews must be
protected on the inside if untethered raptors are to be housed there. Suitable
materials include vertical bars spaced narrower that the width of the body of
the smallest raptor housed in the enclosure. Heavy-duty netting or other such
materials may be used to cover the walls or roof of the enclosure.
3) Acceptable indoor facilities include shelf
perch enclosures where raptors are tethered side by side out of reach of each
other or separated by a partition. Other innovative housing systems are
acceptable if they provide the enclosed raptors with protection and maintain
healthy feathers.
4) The floor
shall be well drained and permit easy cleaning.
5) Falconry raptors may be kept inside a
falconer's residence if a suitable perch is provided for each raptor. If
raptors are housed inside a residence, windows or other openings do not need to
be modified. Raptors kept inside a residence must be tethered unless they are
being moved into or out of the residence.
d) A weathering area shall meet the following
additional standards:
1) The weathering area
shall be totally enclosed and may be made of heavy-gauge wire, heavy duty
plastic mesh, slats, pipe, wood or other suitable material.
2) The weathering area must be covered and
have at least a covered perch to protect a raptor held in it from predators and
weather.
3) The weathering area
shall be large enough to ensure that the birds cannot strike the enclosure when
flying from the perch.
4) New types
of housing facilities and/or husbandry practices may be used if they satisfy
the requirements in this subsection (d) and are approved by the
Department.
e) Falconry
raptors may be kept outside in the open, if they are under watch, such as by
the permittee or a family member, at any location or, for example, by a
designated individual in a weathering yard at a falconry meet.
f) Facilities for transporting a raptor,
using the raptor for hunting, and when otherwise away from the raptor's
permanent facilities shall have a suitable perch and be protected from extreme
temperatures, wind and excessive disturbance. A hawk box (giant hood) or
similar container is acceptable for transporting or housing a raptor when away
from its permanent housing facility.
g) A falconry permittee must have and
maintain the following equipment:
1) Jesses -
at least one pair of Alymeri jesses or similar type construction of pliable
leather or suitable synthetic material for use when any raptor is flown free or
the materials and equipment to make them;
2) Leashes and swivels - at least one
flexible, weather-resistant leash and one strong swivel of acceptable falconry
design;
3) Bath container - a
suitable container for each raptor 2 to 6 inches deep and wider than the length
of the raptor;
4) Outdoor/portable
perches - a weathering area perch of acceptable design for each raptor;
and
5) Weighing device - a reliable
scale or balance suitable for weighing the raptors held and graduated to
increments of not more than 1/2 ounce or 15 grams.
h) All facilities and equipment shall be kept
at or above the standards created in this Section at all times.
i) Falconry raptors may be cared for by
another falconry permittee under the following conditions:
1) The raptors may be cared for at the
facilities of the permittee owning the raptors or the facilities of another
falconry permittee for up to 120 consecutive calendar days. This care of
raptors may be extended indefinitely in extenuating circumstances such as
illness, military service or a family emergency. All requests for care of
raptors by another falconer in excess of 120 days must have prior approval by
the Department.
2) The falconry
permittee providing care for the raptors must have a signed and dated statement
from the falconry permittee who owns the raptors authorizing temporary
possession. The statement must include information about the time period for
which the raptors will be kept and what the falconer providing care to the
raptors is allowed to do with them. The falconer providing care also must have
a copy of FWS form 3-186A indicating ownership of the raptors.
3) Raptors in the care of another falconer
will remain on the permit of the falconer who owns the raptors and not count
against the possession limit of the falconer providing care.
4) If the falconer providing care to the
raptors holds the appropriate level of falconry permit, he or she may fly the
raptors in whatever way is authorized, including hunting, by the falconer who
owns the raptors.
j)
Falconry raptors may be cared for by a person who does not have a falconry
permit under the following conditions:
1) The
raptors may be cared for at the permittee's facilities by a person without a
falconry permit for up to 45 consecutive calendar days. This care of raptors
may be extended indefinitely in extenuating circumstances such as illness,
military service or a family emergency. All requests for care of raptors by
another person in excess of 45 days must have prior approval by the
Department.
2) The raptors will
remain on the falconry permittee's permit and must remain in the falconry
permittee's facilities.
3) The
person caring for the raptors may not fly them for any reason.
k) Raptors may be held in
temporary housing outside of the falconry permittee's permanent facilities,
when not being transported or used for hunting for up to 120 consecutive
calendar days, if the facilities have a suitable perch and are protected from
predators, domestic animals, extreme temperatures, wind and excessive
disturbance.