Current through Register Vol. 50, No. 9, September 20, 2024
A. The Louisiana
falconry regulations pertain to the use of native raptors (Accipitriformes -
vultures, osprey, kites, harriers, accipiters, buteos, and eagles;
Falconiformes - caracaras and falcons; and Strigiformes - owls) that are
protected under the Migratory Bird Treaty Act, and exotic raptors, for purposes
of falconry. No person may possess wild or captive bred raptors for the purpose
of falconry without a valid permit as provided in these regulations.
B. Definitions
Aerie - the nest of an eagle or other bird
of prey, built in a high inaccessible place such as a cliff face.
Department - Louisiana Department of
Wildlife and Fisheries.
Eyass - a young raptor that is still in the
nest.
Falconer - a person with a valid Louisiana
game breeder's license for falconry or a person with a valid falconry
license/permit from another state.
Hack - temporary release of a falconry
raptor to the wild for purposes of conditioning and training.
Hybrid - offspring produced from the
cross-breeding of two or more species of raptors or offspring of cross-bred
raptors.
Imping - using a feather to repair or
replace a broken feather of a raptor.
Imprinted Raptor - a raptor that was
hand-raised from two weeks of age, or younger, until it has fledged; it is
considered an imprint for the duration of its life.
Molting Weight - the heavier, non-hunting
weight of a raptor, when the weight is not reduced for training and
hunting.
Passage Bird - a raptor that has left the
nest and is less than one year of age.
Permit - Louisiana game breeder's license
for falconry.
Sponsor - a general or master falconer with
a valid Louisiana falconry license who is at least 18 years old and has at
least 2 years of experience at the general falconer level who agrees to
supervise the training of an apprentice falconer.
Take - to trap or capture a wild raptor,
including removal of a nestling from a nest or aerie.
USFWS - U.S. Fish and Wildlife
Service.
Wild Raptor - a species of native raptor
that originated in the wild. No matter how long the bird is held in captivity,
or whether it was transferred to another licensee, it remains a wild bird.
However, for purposes of wild take restrictions, the department does not
consider the raptor to be taken from the wild by any subsequent licensee to
whom it is legally transferred.
C. Types of Permits, Requirements and
Responsibilities
1. Apprentice Permit
a. Apprentice falconers must be at least 16
years of age.
b. An apprentice
falconer under 18 years of age must have a parent or legal guardian sign the
application, attesting that he or she is legally responsible for the
permittee's activities.
c. An
apprentice falconry applicant must have a letter from a sponsor, stating that
he or she will assist the apprentice with learning about the husbandry and
training of raptors held for falconry, relevant laws and regulations and
deciding what species of raptor is appropriate for the apprentice.
d. Apprentice falconry applicants must
correctly answer at least 80 percent of the questions on the falconry exam to
qualify for a license. The applicant's facilities and equipment must pass an
inspection before obtaining a bird.
e. Apprentice falconers may possess no more
than one raptor for use in falconry, even if the permittee has a falconry
permit issued in another state.
f.
Apprentice falconers may take a wild raptor of any species except, a bald eagle
(Haliaeetus leucocephalus), a white-tailed eagle
(Haliaeetus albicilla), a Steller's sea-eagle
(Haliaeetus pelagicus), a golden eagle (Aquila
chrysaetos), a swallow-tailed kite (Elanoides
forficatus), a Swainson's hawk (Buteo swainsoni), a
peregrine falcon (Falco peregrinus), a flammulated owl
(Otus flammeolus), an elf owl (Micrathene
whitneyi), a short-eared owl (Asio flammeus) or any
federally listed endangered or threatened species.
g. Apprentice falconers may possess any
Accipitriform, Falconiform, or Strigiform raptor species, including wild,
captive-bred, or hybrid individuals, except a federally listed threatened or
endangered species or a bald eagle, a white-tailed eagle, a Steller's
sea-eagle, a golden eagle, or a swallow-tailed kite.
h. Apprentice falconers do not need to
capture their own wild raptor; a raptor can be transferred to an apprentice
falconer by another falconer.
i.
Apprentice falconers may only take raptors less than one year old, except
nestlings may not be taken.
j.
Apprentice falconers may not possess a raptor taken from the wild as a
nestling.
k. Apprentice falconers
may not possess a raptor that is imprinted on humans.
l. Apprentice falconers may take passage
birds from September 1-February 28 only.
2. General Permit
a. General falconers must be at least 16
years of age.
b. A general permit
applicant under 18 years of age must have a parent or legal guardian sign the
application, attesting that he or she is legally responsible for the
permittee's activities.
c. General
permit applicants must submit a document from a general falconer or master
falconer (preferably the applicant's sponsor) stating that the applicant has
practiced falconry at the apprentice level or equivalent for at least two
years, including maintaining, training, flying, and hunting the raptor(s) for
at least four months in each year. That practice may include capture and
release of falconry raptors.
d.
General permit falconry applicants may not substitute any falconry school or
education program to shorten the period of two years at the apprentice
level.
e. General falconers may
take and possess any Accipitriform, Falconiform, or Strigiform raptor except a
bald eagle, a white-tailed eagle, a Steller's sea-eagle, a golden eagle, a
swallow-tailed kite. Except peregrine falcons may only be taken by general
falconers in possession of a valid peregrine falcon trapping permit.
NOTE: The number of peregrine falcon trapping permits is very
limited. Additional regulations apply to the take and possession of federally
listed threatened and endangered species.
f. General falconers may use captive-bred
individuals and hybrids of the species authorized for possession.
g. General falconers may possess no more than
three raptors, even if the licensee has falconry permit issued in another
state.
h. General falconers may
remove nestlings from a nest or aerie, provided at least one nestling is left
inside the nest or aerie.
i.
General falconers may take passage birds, except peregrine falcons, from
September 1-February 28 only and eyasses year-round. General falconers may take
an American kestrel (Falco sparverius) or a great horned owl
(Bubo virginianus) of any age from the wild from September
1-February 28 only. Peregrine falcons (passage birds only) may be taken by
general falconers in possession of a valid peregrine falcon trapping permit
from September 20-October 20 only.
3. Master Permit
a. Master permit applicants must have
practiced falconry with his or her raptor(s) at the general falconer level for
at least five years.
b. Master
falconers may take and possess any Accipitriform, Falconiform, or Strigiform
raptor except a bald eagle or a swallow-tailed kite. Except peregrine falcons
may only be taken by master falconers in possession of a valid peregrine falcon
trapping permit.
NOTE: The number of peregrine falcon trapping permits is very
limited. Additional regulations apply to take and possession of federally
listed endangered and threatened species.
c. Master falconers may take and possess a
golden eagle, a white-tailed eagle, or a Steller's sea-eagle after obtaining
authorization for eagles and sea-eagles from the department.
d. Master falconers may possess captive-bred
individuals or hybrids of species authorized for possession.
e. Master falconers may possess no more than
five wild raptors even if the licensee has a falconry permit issued in another
state.
f. Master falconers may
possess any number of captive-bred raptors, but must train them in the pursuit
of wild game and use them in hunting.
g. Master falconers may remove nestlings from
a nest or aerie provided at least one nestling is left inside the nest or
aerie.
h. Master falconers may take
passage birds, except peregrine falcons, from September 1-February 28 only and
eyasses year-round. Master falconers may take an American kestrel or a great
horned owl of any age from the wild from September 1-Februay 28 only. Peregrine
falcons (passage birds only) may be taken by master falconers in possession of
a valid peregrine falcon trapping permit from September 20-October 20
only.
4. Nonresident
Permit
a. A non-resident falconer who resides
in Louisiana for more than 120 consecutive days but who does not intend to
establish residency must obtain a nonresident falconry license.
b. Non-resident falconers shall possess a
valid falconry permit or license from his or her state of residence. A copy of
this permit or license shall be submitted with the non-resident falconry permit
application.
c. Non-resident
falconers may not import or possess more raptors than allowed by their state of
residence.
d. Non-resident
falconers may not take more than two raptors in Louisiana during the calendar
year.
e. Raptors taken from the
wild in Louisiana must be species the non-resident falconer is authorized to
possess in their state of residence, except peregrine falcons may not be taken
in Louisiana by non-resident falconers.
f. While in Louisiana, non-resident falconers
must keep their raptors in facilities that have passed the Louisiana falconry
facility inspection.
g.
Non-resident falconers may take passage birds, except peregrine falcons, from
September 1-February 28 only.
h.
Non-resident falconers at the general or master level may take eyasses
year-round, provided at least one nestling is left in the nest or
aerie.
5. Raptor
Propagator Permit. A Louisiana game breeder's license for falconry and a USFWS
raptor propagation permit must be obtained to legally propagate raptors in
Louisiana. Properly permitted propagators:
a.
shall comply with federal raptor propagation regulations and reporting
requirements;
b. shall obtain
written authorization from the department before taking wild raptors or
eggs;
c. shall submit a Louisiana
raptor harvest report form (available on the department website) to the
department within 10 days of taking a raptor or raptor egg in
Louisiana;
d. may take and possess
any Accipitriform, Falconiform or Strigiform raptor except a bald eagle, a
golden eagle, or a swallow-tailed kite. Except peregrine falcons may only be
taken by general or master falconers in possession of a valid peregrine falcon
trapping permit;
NOTE: The number of peregrine falcon trapping permits is very
limited. Additional regulations apply to take and possession of federally
listed endangered and threatened species.
e. may possess captive-bred individuals or
hybrids of species authorized for possession;
f. may possess any number of wild or
captive-bred raptors;
g. may remove
eggs or nestlings from a nest or aerie provided at least one egg or nestling is
left;
h. may take passage birds,
except peregrine falcons, from September 1-February 28 and eggs and eyasses
year-round. May take an American kestrel or a great horned owl of any age from
the wild from September 1-February 28 only. Peregrine falcons (passage birds
only) may be taken September 20-October 20 only by general or master falconers
in possession of a valid peregrine falcon trapping permit;
i. may take no more than two raptors or eggs
from the wild in the calendar year;
j. may possess and propagate federally
threatened or endangered raptor species only if authorized by the USFWS
Regional Migratory Bird Permit Office to do so;
k. may take a raptor listed by the USFWS as
endangered or threatened from the wild for propagation purposes only if
authorized by the department and in possession of a USFWS endangered species
permit authorizing this activity;
l. may use falconry training or conditioning
practices such as, but not limited to, creance (tethered) flying, lures,
balloons, or kites in training or conditioning captive-bred progeny of raptors
legally possessed;
m. may use
captive-bred offspring less than one year old for falconry as a means of
training progeny of raptors legally possessed.
6. Temporary Permit
a. Non-U.S. residents with experience in
falconry must correctly answer at least 80 percent of the questions on the
Louisiana falconry exam to qualify for a permit. The department will review the
applicant's documented experience and issue a falconry permit consistent with
that experience. The falconer's facilities and equipment must pass an
inspection before the falconer obtains a bird.
b. Temporary permit holders may fly legally
imported falconry raptors provided the raptors are exported when the falconer
leaves the U.S., and that two functioning radio transmitters are attached when
the raptors are flown free.
c.
Temporary permit holders may not take a raptor from the wild for use in
falconry.
7. Taking
Falconry Raptors to Another Country to use in Falconry Activities
a. A Louisiana falconry permittee may export
legally possessed falconry birds to another country to use in falconry in
accordance with the regulations of the destination country and all state and
federal regulations governing import/export.
8. Updating a Falconry Permit after a Move
a. A falconer who moves to a new state, tribe
or territory with falconry birds must inform the falconry regulatory
authorities in each jurisdiction of the address change within 30
days.
b. A falconer moving from
another state to Louisiana with the intent to establish residency must obtain a
Louisiana falconry permit with 120 days. The falconer may bring his or her
lawfully possessed birds into the state in the interim.
9. Reinstatement of a Lapsed Falconry Permit
a. If a falconer's permit has lapsed for
fewer than five years, it may be reinstated at the level the falconer held
previously if he or she provides proof of certification at that
level.
b. If a permit has lapsed
for five years or longer, it may be reinstated at the level previously held if
the applicant correctly answers at least 80 percent of the questions on the
falconry test and the applicant's facilities and equipment pass an inspection
before the permit is reinstated and before possessing a bird.
10. Permit to practice falconry at
an appropriate level for experienced falconers who are new residents in the
United States.
a. U.S. residents with falconry
experience in another country may be issued a falconry permit commensurate with
documented experience if appropriate documentation is provided detailing the
applicant's experience, the applicant correctly answers at least 80 percent of
the questions on the Louisiana falconry test, and the applicant's facilities
and equipment pass an inspection before a permit is issued.
D. Facilities for
Housing Raptors
1. Raptors held under falconry
permit shall be kept in humane and healthful conditions. Housing facilities
shall provide protection from adverse weather, predators and domestic
animals.
2. All raptor housing
facilities must pass an inspection by department personnel or others authorized
by the department before a license will be issued.
3. Each facility must have at least one
suitable perch for each raptor and at least one opening for sunlight.
4. Untethered raptors may be held in the same
facility if they are at molting weight and compatible with each
other.
5. Raptor housing facilities
must provide enough room for the raptor to fly if untethered or, if tethered,
to fully extend its wings or bate without damaging its feathers or contacting
other raptors.
6. Facilities must
contain a suitable water container, and fresh, clean water shall be provided
unless weather, a medical condition, or other circumstance requires the
temporary denial of water.
7. A
single facility that meets the requirements of both indoor and outdoor
facilities is acceptable.
8. An
indoor facility must be large enough to allow easy access for the care and
feeding of raptors housed therein. If raptors are free-lofted, all walls that
are not solid must be protected on the inside. Suitable materials may include
vertical bars spaced narrower than the width of the body of the smallest raptor
housed in the enclosure. However, heavy-duty netting or other such materials
may be used to cover the walls or roof of the enclosure. Acceptable indoor
facilities include shelf perch enclosures where raptors are tethered side by
side. Other innovative housing systems are acceptable if they provide the
enclosed raptors with protection and maintain healthy feathers. If falconry
raptors are housed inside the home, the falconer does not need to modify
windows or other openings of the structure provided the raptor is kept
tethered.
9. An outdoor facility
must be totally enclosed, and may be made of heavy-gauge wire, chain-link
fencing, heavy-duty plastic mesh, slats, pipe, wood, or other suitable
material. It must be covered and have at least a covered perch to protect a
raptor held in it from predators and weather. The facility must be large enough
that the bird cannot strike the enclosure when flying from the perch.
10. A falconer shall notify the department
within five business days of relocating a raptor housing facility to a new
location.
11. A falconer shall
allow department personnel to inspect the facilities and/or raptors without
advance notice.
E.
Falconry Facilities on Property not owned by the Licensee
1. Falconry facilities may be on property
owned by another person. Regardless of location, falconry facilities must meet
the requirements described in this Rule.
2. If the facilities are on property owned by
another person, the licensee must submit a signed and dated statement from the
property owner authorizing department personnel to inspect the facilities
and/or raptors without advance notice.
F. Equipment
1. At the time of the facility inspection,
each applicant shall have in possession the following equipment:
a. at least one pair of jesses constructed of
pliable, high-quality leather or suitable synthetic material, or materials and
equipment to make them;
b. at least
one flexible, weather-resistant leash and one strong swivel of acceptable
falconry design;
c. at least one
weathering-area perch of acceptable design for each raptor;
d. a suitable bath container;
e. a reliable scale or balance suitable for
weighing the raptors, graduated in increments of not more than 1/5 ounce or 5
grams.
2. When being
transported, a falconry raptor must have a suitable perch and protection from
extreme temperatures, wind and excessive disturbance.
G. Care of Falconry Raptors by another
Falconry Licensee. Any falconer may care for the birds of another falconer at
either falconer's facilities. The falconer providing the care must be given a
signed and dated statement from the owner of the birds describing the time
period of temporary care and what activities are authorized. The falconer
providing the care must also be given a copy of the USFWS Form 3-186A showing
that the absent owner is the possessor of the raptors. Temporary care may not
exceed 120 consecutive calendar days. Under extenuating circumstances such as
illness, military service or family emergency, the department may authorize
indefinite extension of temporary care.
H. Care of Falconry Raptors by Someone
without a Falconry License
1. A person without
a falconry permit may care for a licensed falconer's raptors at the licensee's
facilities for up to 45 consecutive days. The raptors must remain in the
facilities and the caretaker may not fly them for any reason. Care may be
extended indefinitely under extenuating circumstances such as illness, military
service or family emergency if authorized in writing by the
department.
I. Transfer
of Falconry Raptors if a Licensee Dies
1. A
surviving spouse, executor, administrator, or other legal representative of a
deceased falconer may transfer any bird held by the deceased falconer to
another falconer within 90 days of the death of the falconer. After 90 days,
disposition is at the discretion of the department.
J. Banding or Tagging Raptors used in
Falconry
1. If a falconer takes a northern
goshawk (Accipiter gentilis), Harris's hawk (Parabuteo
unicinctus), peregrine falcon, or gyrfalcon (Falco
rusticolus) from the wild or acquires one from a rehabilitator, the
raptor must be banded with a permanent, non-reusable, numbered USFWS leg band
provided by the department upon request. Falconers may purchase and implant an
ISO (International Organization for Standardization) compliant (134.2 kHz)
microchip in addition to the band. The falconer must report the band number
when reporting acquisition of the bird. Within 10 days from the day on which
the bird is taken from the wild, it must be reported by entering the required
information, including band number, in the electronic database on the
appropriate USFWS website. A falconer may request an appropriate band in
advance of any effort to capture a raptor. A raptor captured from the wild may
not be banded with a seamless numbered band.
2. A raptor bred in captivity must be banded
with a seamless metal band. If a seamless band is lost or removed from a
captive bred bird, it must be reported within 10 days and a request made for a
non-reusable USFWS replacement band. Immediately upon re-banding the bird, the
required information, including the band number, must be entered into the
electronic database on the appropriate USFWS website.
3. If a band must be removed or is lost from
a wild raptor, the falconer must report this removal or loss to the department
within 5 days and request a non-reusable replacement band. The falconer must
file an electronic report within 10 days of re-banding at the USFWS
website.
4. Birds with documented
health or injury problems caused by bands may be exempted in writing from
banding by the department once documentation is reviewed. If an exemption is
issued, the falconer must keep the written exemption it in his/her possession
when flying or transporting the exempted bird. If that bird is a wild northern
goshawk, Harris's hawk, peregrine falcon, or gyrfalcon, the band must be
replaced with an ISO-compliant (134 kHz) microchip obtained from the
department.
5. Raptor bands shall
not be altered, defaced or counterfeited except that a falconer may remove the
rear tab and smooth the surface without affecting the integrity or numbering of
the band.
K. Additional
Regulations on Taking, Transporting and Possessing of Raptors for Falconry
1. A falconer who resides in another state
may take raptors from the wild in Louisiana if he or she has in possession a
valid falconry permit/license from his or her state of residence and if the
falconer abides by all Louisiana and federal falconry regulations. If a raptor
is taken in Louisiana, the non-resident falconer must complete a Louisiana
raptor harvest report form (available on the department web site) and submit it
to the department within 10 days of acquiring the raptor. Non-resident
falconers may not take peregrine falcons, bald eagles or swallow-tailed kites
in Louisiana.
2. A falconer shall
not intentionally capture a raptor that he or she is not authorized to possess.
Any bird captured that is not authorized for possession shall be released
immediately at the site of capture.
3. Falconers who capture raptors that are
wearing research bands, research markings or transmitters shall report all band
numbers and other markings to the USGS Bird Banding Laboratory.
4. Any falconer is authorized to capture a
raptor trapped inside a building. The bird shall be released immediately into
the wild unless it is sick or injured, in which case it shall be transferred to
a licensed rehabilitator within 24 hours.
5. A falconer may recapture any raptor
wearing falconry equipment and return it to the proper owner. A captured raptor
that is wearing falconry equipment must be reported to the department within
five days. It does not count against the permittee's take or possession limit
while temporarily in possession.
6.
Take of raptors from the wild shall be reported electronically within 10 days
by entering the required information into the electronic database via the
appropriate USFWS website.
7.
Falconers must abide by state, tribal, territorial, and federal laws and
restrictions regarding take, possession, and transfer or loss of any wild
raptor.
8. No permittee may take
more than two raptors from the wild per calendar year for use in
falconry.
9. General and master
falconers may take no more than one bird of a federally threatened species from
the wild each year. A valid federal endangered species permit must be obtained
prior to taking a threatened bird.
10. If a permittee is present at the capture
site for the taking of a raptor from the wild, even if another person actually
captures the bird, the permittee is considered the person who removes the bird
from the wild and must report the take by entering the required information
into the electronic database via the appropriate USFWS website, within 10 days
of the capture of the bird. This will count as one of the two wild raptors the
permittee is allowed to take within the calendar year.
11. A general or master falconer may take a
raptor from the wild for another licensee who is not present during the taking,
report the acquisition, and then transfer it to the other licensee. The general
or master falconer who removed the raptor from the wild must report the take
within 10 days, even if it was promptly transferred to another permittee. This
will count as one of the two wild raptors that the falconer who took the bird
is allowed during that calendar year.
12. A falconer may acquire a raptor from a
licensed rehabilitator if the falconer is authorized to possess that species of
bird. A raptor acquired from a rehabilitator will count as a raptor taken from
the wild and shall be reported within five days of acquisition.
13. A raptor injured during capture may be
kept and properly reported as a falconry acquisition within 10 days of capture
and treated by a veterinarian or licensed wildlife rehabilitator.
Alternatively, the raptor may be turned over to a veterinarian, wildlife
rehabilitator or department biologist if he or she agrees to accept it, in
which case it will not count against the falconer's take or possession limit.
In either case, the falconer who captured the bird is responsible for the costs
of care and rehabilitation of the bird.
14. Any time a permittee acquires, transfers,
re-bands or microchips a raptor or has a raptor stolen or loses a raptor to the
wild and does not recapture it within 30 days, or a raptor dies, the change
must be properly reported via the USFWS website within 10 days.
15. Falconers may transfer, sell, purchase or
barter captive bred raptors that are marked with seamless bands to other
licensees who are authorized to possess them. Falconers may not purchase, sell,
trade or barter wild raptors or captive bred raptors not marked with seamless
bands, but they may transfer them to other permittees.
16. Falconers may transfer wild raptors to
other falconers authorized to possess them.
17. A falconer may transfer a wild raptor to
other permit types after the bird has been used in falconry for two years (or
one year for a sharp-shinned hawk - Accipiter striatus), a
Cooper's hawk (Accipiter cooperii), a merlin (Falco
columbarius), or an American kestrel. The falconer must provide a copy
of the 3-186-A form documenting the transfer to the federal migratory bird
permit office that administers the other permit type in addition to filing an
electronic report. Falconers may transfer a wild raptor to another permit type
in less time, provided the bird has been injured, is no longer suitable for use
in falconry, and the case is documented in writing by a veterinarian or
properly permitted wildlife rehabilitator. Copies of the 3-186-A and the letter
from the veterinarian or rehabilitator must be submitted to the federal office
that administers that permit type in addition to filing an electronic
report.
18. Falconry raptors may be
used for captive propagation without transferring them to a federal raptor
propagation permit provided the birds are banded and used for this purpose
fewer than eight months in a year and that the person propagating the raptors
possesses a federal raptor propagation permit.
19. The theft of a raptor from a permittee
must be reported to the department and to the USFWS regional law enforcement
office within 48 hours of discovery of the theft of the bird.
20. Falconers must keep copies of all
electronic database submissions documenting take, transfer, loss, re-banding or
microchipping of each falconry raptor for five years after the bird was
transferred, lost or died.
21.
Falconers must carry legible copies of their falconry permits with them
whenever conducting falconry activities away from their falconry facilities.
This includes trapping, transporting, flying, working or hunting with raptors
and traveling through other states, tribal lands, or territories. Falconers
from other states may transport their raptors through Louisiana without any
additional permits as long as they have legible copies of their falconry
permits/licenses in their possession. Falconers residing in other states may
bring their raptors to Louisiana for educational purposes without any
additional permits as long as they are in Louisiana less than 120 consecutive
days and have a valid falconry permit/license in their possession.
22. Falconers hunting with raptors in
Louisiana must abide by applicable hunting regulations including possession of
hunting licenses, stamps, and permits.
L. Hybrids. When flown free, including when
at hack, a hybrid raptor must have attached at least two functioning radio
transmitters for use in locating the bird.
M. Use of Eagles in Falconry
1. With authorization for eagles from the
department, master falconers may possess up to a total of three eagles of the
following species: golden eagle, white-tailed eagle, or Steller's sea-eagle. A
golden eagle, white-tailed eagle, or Stellar's sea-eagle counts as a bird to be
included under the falconer's possession limit. Master falconers who wish to
possess native eagles or sea-eagles for use in falconry must request and
receive written authorization for eagles or sea-eagles prior to obtaining one
and must submit the following documentation:
a. a letter detailing experience in handling
large raptors, including information about the species handled and the type and
duration of the activity;
b. at
least two letters of reference from people with experience handling and/or
flying large raptors such as eagles, sea-eagles, ferruginous hawks
(Buteo regalis), northern goshawks, or great horned owls. Each
must contain a concise history of the author's experience with large raptors,
which can include, but is not limited to, handling of raptors held by zoos,
rehabilitating large raptors, or scientific studies involving large raptors.
Each letter must also assess the falconer's ability to care for eagles or
sea-eagles and fly them in falconry.
2. A master falconer authorized by the
department to possess a golden eagle may capture one under the provisions in 50
CFR 21.29 and 50 CFR 22 for taking a golden eagle for falconry.
N. Releasing Raptors into the Wild
1. Wild raptors may be permanently released
at any time.
2. No hybrids or
exotics of any kind may be permanently released in Louisiana.
3. Captive-bred raptors may be permanently
released to the wild only with written authorization from the department and
only after a suitable hacking period in a suitable location and at an
appropriate time of year. The seamless band must be left on the bird. The
release must be properly reported to the department and to the USFWS within 10
days of the permanent release.
O. Hacking. General and master falconers may
hack falconry raptors. Hacking is not allowed near a nesting area of a
federally threatened or endangered animal or in any location where the raptor
is likely to harm a federally listed threatened or endangered animal. Falconers
may contact the department for information on nesting locations of federal
listed species prior to hacking any falconry raptor.
P. Use of Native Raptors in Conservation
Education Programs
1. General and master
falconers may use their birds in conservation education programs presented in
public venues. Apprentice falconers may do so only when supervised by a general
or master falconer.
2. Fees may be
charged for such educational programs but only to the extent necessary to
recover costs for participating.
3.
Education programs must relate to the biology, ecological roles and
conservation needs of raptors and other migratory birds.
Q. Other Educational uses of Native Raptors
1. Falconers may allow their birds to be
photographed or filmed to make movies or other sources of information on the
practice of falconry or on the biology, ecological roles and conservation needs
of raptors and other migratory birds but may not be paid for doing
so.
2. Falconers may not use their
birds to make movies, commercials or engage in other commercial ventures that
are not related to falconry.
3.
Falconers may use their birds to promote or endorse products or endeavors
related to falconry provided the falconer is not paid or otherwise compensated
for such usage.
R.
Assisting in the Rehabilitation of Raptors. General and master falconers may
assist properly licensed migratory bird rehabilitators in preparing
rehabilitated raptors for permanent release to the wild. While doing so, the
falconer may keep the bird in his or her facility while the bird remains on the
rehabilitator's permit. The rehabilitator must provide the falconer with a
document that identifies the bird and states that the falconer is assisting in
the bird's rehabilitation. All rehabilitation raptors shall be released or
returned to the rehabilitator within 180 days, unless written authorization is
obtained from the department to condition them for a longer period.
S. Abatement Activities. Master falconers
must have a valid federal abatement permit to use raptors in abatement
activities. General falconers may do so only as a sub-permittee of the holder
of the abatement permit.
T.
Additional Falconry Practices
1. Falconry
practices, such as, but not limited to, the use of creance flying, lures,
balloons, or kites in training or conditioning falconry raptors is
permissible.
2. Falconry birds may
be used to take any bird species for which a depredation order is in place in
accordance with the conditions of the applicable depredation order. The
falconer must not be paid or otherwise compensated for doing so.
U. Accidental Take of Prey. If a
prey item is killed by a falconry bird unintentionally, including an animal
taken outside of a regular hunting season, the falconer may allow the raptor to
feed on the kill in the field, but the animal may not be taken into possession.
Accidental take of any federally listed threatened or endangered species must
be reported to the USFWS Ecological Services field office and the
department.
V. Possession and
Disposition of Molted Feathers
1. Falconers
may possess flight feathers for each raptor species in possession or previously
held.
2. Falconers may receive
flight feathers from other falconers, wildlife rehabilitators or propagators in
the United States and may give feathers to them or to other permittees allowed
to possess them. Feathers may not be bought, sold or bartered. When the
licensee's permit expires or is revoked, all remaining feathers shall be
donated to someone authorized to possess feathers or destroyed. Molted
primaries, secondaries and rectrices from golden eagles must be collected and
either retained or sent to the National Eagle Repository.
W. Disposition of Carcasses. The carcass of a
falconry bird may be donated to someone authorized to possess it. If the bird
was banded or microchipped prior to its death, the bird may be kept so the
feathers are available for imping. The carcass may be mounted by a taxidermist
for use in conservation programs. The band or microchip must remain in place.
Carcasses not kept or donated shall be burned, buried or otherwise destroyed.
Golden eagle carcasses must be sent to the National Eagle Repository.
X. Penalties. Violation of this rule
constitutes a class 2 violation as provided in
R.S.
56:115. Additionally, a person who is
convicted of a violation of these rules may be ineligible for a falconry permit
for a period of up to three years from the date of the conviction.
Y. Falconers are also responsible for
conducting their activities in accordance with federal regulations that apply
to falconry and are found in 50 CFR 21.29.
AUTHORITY NOTE:
Promulgated in accordance with
R.S.
56:6.
