A.
Definitions
1. "Raptor" means a migratory bird of the
Order Falconiformes or the Order Strigiformes listed in 50 Code of
Federal Regulations Sec. 10.13, including the bald eagle
(Haliaeetus leucocephalus) and the golden eagle
(Aquila chrysaetos).
2. "Falconry" is caring for and training
raptors for pursuit of wild game, and hunting wild game with raptors. Falconry
includes the taking of raptors from the wild to use in the sport; and caring
for, training, and transporting raptors held for falconry.
3. "Hacking" is the temporary release of a
raptor held for falconry to the wild so that it must survive on its
own.
4. "Bal-chatri trap" means a
cage on which many nooses are tied and which is baited with a bird or mammal
and placed in view of a wild raptor.
5. "Bow net trap" means a circular hoop
hinged in the middle and covered with netting which is usually attached to the
ground so one side can swing freely.
6. "Dho-gazza trap" is a square or
rectangular net of various dimensions suspended vertically next to
bait.
7. "Swedish goshawk trap" is
a humane, predator-safe, stationary box trap.
8. "Harness trap" means a light leather or
cloth saddle covered with nooses which is placed on tethered bait.
9. "Hybrid" means offspring of birds listed
as two or more distinct species in 50 Code of Federal
Regulations Sec. 10.13, or offspring of birds recognized by
ornithological authorities as two or more distinct species listed in 50
Code of Federal Regulations Sec. 10.13.
10. "Imprint", for the purposes of falconry,
means a bird that is hand-raised in isolation from the sight of other raptors
from 2 weeks of age until it is fully feathered. An imprinted bird is
considered to be so for its entire lifetime.
11. "Livestock depredation area" means a
specific geographic location in which depredation by golden eagles has been
recognized. The boundaries and duration of a livestock depredation area are
declared by U.S.D.A. Wildlife Services or by a state governor.
12. "Take" means to trap or capture, or
attempt to trap or capture a raptor for the purpose of falconry.
B.
General provisions to
practice falconry in Maine
1.
Practicing falconry where permittees reside.
Any person may practice falconry in Maine after he or she
receives a Maine hunting license and a Maine falconry permit as described
within 12 MRS §11159. Maine falconry permits will be issued for a 1-year,
2-year or 3-year period. Permits expire on December 31st and may be
renewed:
a. If all conditions of the
permit are met, and the permittee continues to meet all eligibility
requirements of these rules;
b. If
no violations of the original license have occurred;
c. If a change in license classification is
not requested; and
d. The permittee
submits a request for renewal accompanied by the applicable license
fee.
2.
Permits to
practice falconry
Residents of Maine must have a valid Maine falconry permit
and a Maine hunting license, to take, possess, or transport raptors for
falconry, or to hunt with them, except that persons who hold a valid falconry
permit from another state that meets federal falconry standards may import and
hunt their raptors, without a written permit, provided they possess a valid
non-resident Maine hunting license, and do not remain with their falconry birds
in the state for more than 30 days. To hunt migratory waterfowl, a falconer
must also possess a Federal Migratory Bird Hunting and Conservation Stamp
("Duck Stamp") and a Maine Migratory Waterfowl permit.
a. Falconers must comply with all regulations
governing migratory bird permitting.
b. If a Maine falconer resides for more than
120 consecutive days in a state or territory or on tribal lands other than
Maine, the falconer's facilities must be listed on the falconer's Maine
permit.
c. Raptors that are listed
as a federal or Maine endangered or threatened wildlife species, subspecies, or
population may not be used in falconry except when that raptor is allowed for
falconry use under Maine and federal regulations.
3. Except as provided in Section B.2 of this
rule, raptors may only be imported into the State of Maine under a written
permit from the Commissioner. Importation permits will not be issued for the
possession of species which are specifically prohibited by these
regulations.
4.
Applying for
a falconry permit
All inquiries regarding falconry licensing, applications,
examination scheduling, bands, and facilities inspections should be directed to
the Department of Inland Fisheries and Wildlife, Wildlife Division, State House
Station 41, Augusta, Maine 04333. In applying for a falconry permit, applicants
must include the following:
a. A
completed application form.
b.
Proof that the applicant has correctly answered 80 percent of the questions on
a written examination relating to basic biology, care and handling of raptors,
and state and federal laws and regulations relating to falconry and other
appropriate subject matter administered by the Department where the applicant
maintains his or her legal residence, or proof that an applicant has previously
held a falconry permit at the level he or she seeks.
5. The Commissioner may refuse to issue a
Falconry Permit after review of the application when:
a. He or she determines that the license
should not be issued because of past conviction(s) of the fish and wildlife
laws as provided in M.R.S. Title 12, Section 10902;
b. The authorization requested could
potentially threaten or have significant effect on a wild population of
raptors;
c. The applicant has
failed the written examination;
d.
The applicant, upon inspection by state or federal wildlife personnel, has
failed to meet or maintain the standards established for raptor housing
facilities and equipment; or
e. The
applicant fails to meet qualifications set forth in standards for license
classes set forth in these regulations.
6. Permittees are subject to all applicable
rules and regulations pertaining to hunting seasons and bag limits of wild
animals and wild birds, except as otherwise provided by this regulation. Any
protected or out of season wildlife accidentally killed by a trained raptor
shall not be retained or possessed by the permittee, but the raptor may feed
upon the wildlife before leaving the site of the kill. If a prey item is killed
by a falconry bird without the permittees' intent, including an animal taken
outside of a regular hunting season, the permittee:
a. May allow the falconry bird to feed on the
animal, but the permittee may not take the animal into his or her possession;
and
b. Must report take of any
federally listed threatened or endangered species to the U.S. Fish and Wildlife
Service Ecological Services Field Office for the location in which the take
occurred and report the take of any state listed threatened or endangered
species to the Department within 48 hours.
7.
Updating a falconry permit after a
move
a. A permittee who moves from
Maine to a new state and takes his or her falconry birds must inform the
Department of the address change within 30 days.
b. If a permittee from another state moves
into Maine and brings his or her falconry birds, he or she must inform the
Department within 30 days. To obtain a Maine falconry permit, applicants must
follow the permit application procedures in these rules. Applicants may keep
falconry birds they hold while they apply for a Maine falconry permit. However,
the Department may place restrictions on their possession and use of falconry
birds until they meet the Maine residency and falconry requirements.
8.
Reinstatement of a lapsed
falconry permit
a. If a falconer's
permit has been lapsed for fewer than 5 years, it may be reinstated at the
level held previously held if the falconer shows proof of certification at that
level.
b. If a falconer's permit
has been lapsed for 5 years or longer, the applicant must correctly answer at
least 80 percent of the questions on an examination administered by the
Department. If the applicant passes the exam, his or her permit may be
reinstated at the level previously held. The applicant's facilities must also
pass inspection by the Department before the applicant may possess a falconry
bird.
9.
Suspension, revocation or denial of falconry permit
The Department may deny issuance of any falconry permit or,
after hearing, may suspend, revoke or deny the renewal of any falconry permit,
if the applicant or falconer fails to comply with any requirement of these
regulations, ceases to be eligible for a falconry permit hereunder, or has been
convicted of a violation of any falconry regulations. For the purpose of this
subsection, violation of a general hunting regulation is not a violation of a
falconry regulation. An applicant or falconer whose permit has been suspended,
revoked or denied may appeal to the Commissioner.
10.
Restoration of revoked
permits
Upon request of the person whose permit has been revoked, the
Department may restore the person's falconry permit at the end of the
revocation period, subject to review and a determination by the Department that
the person is qualified and suitable for a permit in accordance with these
rules. The Department may place special conditions on the permit as
appropriate.
11. Permit to
practice falconry at an appropriate level if an applicant has experience in
falconry but is a new resident in the United States.
An applicant may qualify for the falconry permit appropriate
for his or her falconry experience gained in another country. To demonstrate
knowledge of U.S. falconry laws and regulations, the applicant must correctly
answer at least 80 percent of the questions on the supervised examination for
falconers administered by the Department under which the applicant wishes to
obtain a falconry permit. If the applicant passes the test, the Department will
determine which level of falconry permit the applicant is qualified to possess
under section C below, taking into account the applicant's documented
experience. The applicant's falconry facilities must meet the standards in
section D of this rule before the applicant may keep a raptor to use in
falconry.
12.
Aliens
practicing falconry in the United States
a. An alien to the United States may qualify
for a temporary falconry permit appropriate for his or her experience.
(1) The permit may be valid for any period
specified by the Department.
(2) To
demonstrate knowledge of U.S. falconry laws and regulations, the visitor must
correctly answer at least 80 percent of the questions on the supervised
examination for falconers administered by the Department. If the alien passes
the test, the Department will determine the level of temporary permit for which
the person is qualified. The determination should be based on the individual's
documentation of his or her experience.
(3) If a permittee holds a temporary falconry
permit, the permittee may possess raptors for falconry if he or she has
approved falconry facilities.
(4) A
holder of a temporary falconry permit may fly raptors held for falconry by a
permitted falconer.
(5) A holder of
a temporary falconry permit may not take a bird from the wild to use in
falconry.
b. For the
duration of a permit from the Department, an alien may use any bird for
falconry that he or she possesses legally in his or her country of residence
for that purpose, provided that the importation of that species to the United
States is not prohibited, and provided that he or she has met all importation
and permitting requirements of the State of Maine.
(1) An alien must comply with all applicable
requirements of these rules.
(2)
The alien may transport registered raptors subject to all applicable permit
requirements.
(3) Unless the alien
has the necessary permit(s) to bring a raptor into Maine and leave it here, he
or she must take raptors brought into the state for falconry out of the state
when he or she leaves. If a raptor brought into Maine dies or is lost while in
this state, the alien must document the loss before leaving the state by
reporting the loss to the Department.
(4) When flown free, any bird temporarily
brought to this state must have two radio transmitters attached to it that will
allow the falconer to locate it.
13.
Permission to capture, fly, or
release a falconry bird at any location
Permittees do not need special or written permission for any
of these activities on public lands if it is authorized by the appropriate
agency. However, permittees must comply with all applicable laws regarding
falconry activities, including hunting. A falconry permit does not authorize
permittees to capture or release raptors or practice falconry on public or
private lands if it is prohibited.
14.
Practicing falconry in the vicinity
of a State or Federally listed threatened or endangered animal species
In practicing falconry, permittees must ensure that their
activities do not cause the intentional take of state or federally listed
threatened or endangered wildlife. To obtain information about threatened or
endangered species that may occur on lands where permittees wish to practice
falconry, permittees should contact the Department. Permittees can also contact
the Department for information on federally-listed species.
D.
Facilities and care
requirements
1.
Permittees must
keep all raptors they hold in humane and healthful conditions.
a. Whether they are indoors ("mews") or
outdoors ("weathering area"), permittees' raptor facilities must protect
raptors in them from the environment, predators, and domestic animals.
Permittees are responsible for the maintenance and security (protection from
predators) of raptors they possess under their permits.
b. Permittees must have indoor and outdoor
raptor housing facilities approved by the Department before they may obtain a
bird to use in falconry. The Department must, after inspection, certify that
the permittee's facilities and equipment meet the following standards:
(1) Indoor and outdoor facilities must
provide protection from predators and domestic animals.
(a) The facility must have a suitable perch
for each raptor, at least one opening for sunlight, and must provide a healthy
environment for raptors inside.
(b)
Permittees may house untethered raptors together if they are compatible with
each other. Otherwise, if more than one raptor is to be kept in the mews or
weathering area, the raptors shall be tethered or separated by
partitions.
(c) 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.
(d) Each falconry bird must 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.
(2) An indoor facility must be
large enough to allow easy access for the care and feeding of raptors kept
there and must have an escape proof entry way if free-lofted raptors are kept
within. There must be at least one window, protected on the inside by vertical
bars spaced narrower than the width of the body of the smallest raptor housed
in the enclosure. The floor of the mews must permit easy cleaning.
Perch/perches must be provided.
(a) If
raptors that permittees house in the indoor facility are not tethered, 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 head 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.
(b) 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.
(3) Permittees
may keep a falconry raptor or raptors inside their place of residence if they
provide a suitable perch or perches. If permittees house their raptor(s) inside
their homes, they do not need to modify windows or other openings of the
structure. Raptors kept in a permittee's home must be tethered when they are
not being moved into or out of the location in which they are kept.
(4) An outdoor facility must be totally
enclosed, and may be made of heavy-gauge wire, slats, pipe, wood, or other
suitable material.
(a) The facility must be
covered and have at least a covered perch to protect a raptor held in it from
predators and weather.
(b) The
facility must be large enough to insure that the birds cannot strike the
enclosure when flying from the perch.
(c) New types of housing facilities and/or
husbandry practices may be used if they satisfy the requirements of these rules
and are approved by the Department.
c. Permittees may keep falconry raptors
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.
d. Permittees must inform the Department
within 5 business days if the permittees change the location of their
facilities.
e. Permittees must
submit a signed and dated statement to the Department consenting to inspection
of the falconry facilities and raptors by the Department, in the presence of
the permittee but without advance notice, at all reasonable
times.
2.
Falconry
facilities on property permittees do not own
a. Permittees' falconry facilities may be
located on property owned by another person, provided the facilities meet the
standards in paragraph D.1 of this section and the facility is approved by the
Department.
b. If the facilities
are not on property that the permittee owns, then the permittee must submit a
statement to the Department, signed and dated by the property owner, in which
the property owner consents to the inspection of the falconry facilities and
raptors by the Department at all reasonable times when the property owner is
present; except that the Department may not enter the facilities or disturb the
raptors unless the permittee is also present.
3.
Equipment permittees must have and
maintain
Each permittee must have jesses or the materials and
equipment to make them, leash and swivel, bath container, appropriate scales or
balances for weighing raptor(s) he or she possesses, and perches of suitable
falconry design for each raptor as exemplified below:
a.
Jesses - At least a pair of
Aylmeri bracelets and jesses or similar type constructed of pliable,
high-quality leather or suitable synthetic material to be used when any raptor
is flown free. Traditional 1- piece jesses may be used on raptors when not
being flown. Slitless hunting jesses, or no jesses, are recommended for use on
all raptors being flown free.
b.
Leashes and swivels - At least 1 flexible, weather-resistant leash
and strong swivel of acceptable falconry design;
c.
Bath Container - At least 1
suitable container; 2 to 6 inches deep and wider than the length of the raptor
for drinking and bathing for each raptor unless weather conditions, the perch
type used, or some other factor makes access to a bath container unsafe for the
raptor;
d.
Outdoor
perches - At least one weathering area perch of an acceptable design
shall be provided for each raptor; and
e.
Weighing device - A reliable
scale or balance suitable for weighing the raptor(s) held and graduated to
increments of approximately 2 grams must be provided.
4.
Facilities a permittee must have for
a raptor when they are transporting it, using it for hunting, or are away from
the permanent facility where it is housed
The permittee must be sure that the bird has a suitable perch
and is protected from extreme temperatures, wind, and excessive disturbance. A
"giant hood'' or similar container is acceptable for transporting or housing a
raptor when permittees are away from their homes.
5.
Temporarily housing a raptor outside
of the permittees' permanent facilities when not transporting it or using it
for hunting
A permittee may house a raptor in temporary facilities for no
more than 120 consecutive calendar days if the bird has a suitable perch and is
protected from predators, domestic animals, extreme temperatures, wind, and
excessive disturbance.
6.
Care of falconry raptors by another falconry permittee
Another falconry permittee may care for a raptor or raptors
for permittees at their facilities or at that person's facilities for up to 120
consecutive calendar days. The other person must have a signed and dated
statement from the permittee authorizing the temporary possession, plus a copy
of FWS form 3-186A that shows that the permittee is the possessor of each of
the raptors. The statement must include information about the time period for
which he or she will keep the raptor(s), and what he or she is allowed to do
with it or them.
a. Permittees'
raptor(s) will remain on their falconry permit, and will not be counted against
the possession limit of the person caring for their raptors.
b. If the person caring for a permittee's
raptor(s) holds the appropriate level falconry permit, he or she may fly the
permittee's raptor(s) in whatever way permittees authorize, including
hunting.
c. This care of
permittees' raptors may be extended by the Department in extenuating
circumstances, such as illness, military service, or for a family emergency.
The Department will consider such extensions on a case-by-case basis.
7.
Care of falconry raptors
by someone who does not have a falconry permit
Another person may care for falconry birds that a permittee
possesses at the permittee's facilities for up to 45 consecutive calendar
days.
a. The raptor(s) will remain on
the permittee's falconry permit.
b.
The raptors must remain in the permittee's facilities.
c. This care may be extended by the
Department on a case by case basis in extenuating circumstances, such as
illness, military service, or for a family emergency.
d. The person(s) caring for the permittee's
raptors may not fly them for any reason.
8.
Residence part of the year in
Maine
a. If permittees live for more
than 120 consecutive days in Maine and their primary residence is elsewhere,
their falconry facilities in Maine must meet the standards in section D.1, and
they must possess a Maine falconry permit.
NOTE: The jurisdiction in which permittees live
part-time outside of Maine may require that they obtain its falconry permit.
Permittees must contact the appropriate agency that regulates falconry to
determine whether they need a permit.
9.
Falconry equipment and records may
be inspected by the Department in the presence of the permittee during business
hours and all other reasonable times.
E.
Taking, possessing, and transporting
raptors for falconry
1.
Raptor
species that permittees may take from the wild for use in falconry.
a. Permittees may not intentionally capture a
raptor species that their classification as a falconer does not allow the
permittee to possess for falconry. If permittees capture a bird they are not
allowed to possess, they must release it immediately.
NOTE: On some lands there may be restrictions
on the take or use of these species requiring permittees to have a permit or
permits to capture a bird.
2.
How and when permittees may take
raptors from the wild to use in falconry
a. Permittees may take no more than two
raptors from the wild to use in falconry during each calendar year.
b. If a permittee transfers a bird he or she
took from the wild to another permittee in the same year in which it was
captured, the bird will count as one of the raptors the permittee who captured
the bird is allowed to take from the wild that year; it will not count as a
capture by the recipient, though it will always be considered a wild
bird.
c. A General or Master
Falconer may remove nestlings from a nest or aerie in accordance with all
applicable laws and restrictions.
d. Permittees may not take raptors at any
time or in any manner that violates any law.
e. Permittees are responsible for reporting
the taking of a raptor from the wild, which they must report by entering the
required information in the electronic database at http://permits.fws.gov/186A
and by submitting a paper form 3-186A to the Department. Permittees must do
this at their first opportunity, but no later than 10 days after the capture of
the bird.
(1) If a permittee is present at
the capture site, even if another person captures the bird, the permittee is
considered the person who removes the bird from the wild. He or she is
responsible for reporting the taking of the bird from the wild as outlined in
E.2.e. This would occur, for example, if another person climbs a tree or
rappels down a cliff and takes a nestling for the permittee and gives it to the
permittee at the tree or cliff.
(2)
If a permittee is not at the immediate location where a bird is taken from the
wild, the person who removes the bird from the wild must be a General or Master
Falconer, and must report the taking of the bird from the wild as outlined in
E.2.e. If that person then transfers the bird to another permittee, both
permittees must report the transfer as outlined in E.2.e. The bird will count
as one of the two raptors the person who took it from the wild is allowed to
capture in any year. The bird will not count as a bird the receiving permittee
took from the wild. The person who takes the bird from the wild must report the
take even if he or she promptly transfers the bird to another
permittee.
(3) If a permittee has a
long-term or permanent physical impairment that prevents him or her from
attending the capture of a species to use for falconry, a General or Master
Falconer may capture a bird for the permittee. The impaired permittee is
responsible for reporting the taking of the bird from the wild as outlined in
E.2.e., and the bird will count against the take of wild raptors that the
impaired permittee is allowed in any year.
f. A permittee must promptly release any bird
he or she captures unintentionally.
g. Permittees may use only humane,
predator-proof traps of a design and material which will not harm the raptor
being trapped; such as the bal-chatri, harness, bow net, Dho-gazza, and Swedish
goshawk trap.
h. Any raptor, as
defined by these regulations, taken under a depredation permit may be used for
falconry only by a Master falconer.
3.
Other provisions on taking raptors
from the wild for falconry
a.
Apprentice Falconers may take only a kestrel (Falco
sparverius) or a red- tailed hawk (Buteo
jamacicensis)from the wild except he or she may not take or possess a
federally or Maine listed threatened or endangered species, sub-species, or
population. The Apprentice Falconer must trap the hawk themselves as a first
year (passage) raptor within the period from September 1 to February 28, except
that they may take an adult American kestrel from the wild within that
period.
b. General or Master
Falconers may only take raptors less than 1 year of age from the wild at any
time during the year subject to the following provisions:
(1) Raptors, other than the American kestrel,
fledged during the prior calendar year may not be taken after February 28;
and
(2) American kestrels may be
taken from the wild at any age during the year except that American kestrels
fledged during or before the prior calendar year may not be taken between May 1
and July 31.
c. Because
the golden eagle is currently listed as endangered in Maine, the Department
prohibits take of golden eagles for falconry within Maine and regulates
possession of other golden eagles by way of importation permits.
d. A permittee may recapture a lost falconry
bird at any time. Recapture of a lost falconry bird is not considered to be
taking a bird from the wild.
e.
Permittees may recapture a raptor wearing falconry equipment or a captive-bred
bird at any time - even if they are not allowed to possess the species. The
bird will not count against the permittee's possession limit, nor will it take
from the wild count against their limit. Permittees must report their recapture
of the bird to the Department no more than 5 working days after the recapture.
Permittees must return a recaptured falconry bird to the person who lost it, if
that person may legally possess it. Disposition of a bird whose legal
possession cannot be determined as determined by the Department.
f. A permittee may take any raptor that he or
she is authorized to possess from the wild if the bird is banded with a Federal
Bird Banding Laboratory aluminum band, except that they may not take a banded
peregrine falcon from the wild.
(1) If a
captured raptor (including a peregrine falcon) is marked with a seamless metal
band, a transmitter, or any other item identifying it as a falconry bird, the
permittee must report the bird's capture to the Department no more than 5
working days after the capture. Permittees must return a recaptured falconry
bird to the person who lost it. If that person cannot possess the bird, or does
not wish to possess it, the permittee may keep it provided that all other
requirements in this rule are met. Otherwise, the Department will determine
disposition of a bird whose legal possession cannot be determined. While
permittees keep a bird for return to the person who lost it, the bird will not
count against their possession limit or their limit on take of raptors from the
wild if the permittees have reported possessing the bird to the
Department.
(2) If a permittee
captures a peregrine falcon that has a research band (such as a colored band
with alphanumeric codes) or a research marking attached to it, the permittee
must immediately release the bird, except that if the falcon has a transmitter
attached to it, permittees are authorized to possess the bird up to 30 days if
they wish to contact the researcher to determine if he or she wishes to replace
the transmitter or its batteries. If the researcher wishes to do so, or to have
the transmitter removed, the researcher or his or her designee can make the
change or allow the permittee to do so before they release the bird. If the
researcher does not wish to keep the transmitter on the falcon, the permittee
may keep the bird if they captured it in circumstances in which capture of wild
peregrines is allowed.
(3) If a
captured raptor has any other band, research marking, or transmitter attached
to it, the permittee must promptly report the band numbers and all other
relevant information to the Federal Bird Banding Laboratory at 1-800-327-2263.
(a) A permittee may contact the researcher
and determine if he or she wishes to replace a transmitter attached to a bird
captured by a permittee. If so, permittees are authorized to possess the bird
up to 30 days until the researcher or his or her designee does so, or until the
permittee can replace it themselves. Disposition of the bird will be as
determined by the Department in consultation with the researcher.
(b) Temporary possession of such a bird will
not count against the permittee's possession limit for falconry
raptors.
g. A
permittee must leave at least one young in any nest or aerie from which he or
she takes a nestling, and no eggs may be removed from any nest.
4.
Take of a species or
subspecies that was removed from the Federal List of Endangered and Threatened
Wildlife to use in falconry
Falconry use of any species, subspecies, or population that
was listed as Endangered or Threatened by federal or state jurisdictions must
comply with provisions of a management plan published for that species by the
U. S. Fish and Wildlife Service and/or the Department.
5.
Raptors injured due to falconer
trapping efforts
Permittees have two options for dealing with a bird injured
by their trapping efforts. In either case, permittees are responsible for the
costs of care and rehabilitation of the bird.
a. A permittee may put the bird on his or her
falconry permit. The permittee must report take of the bird by entering the
required information in the electronic database at http://permits.fws.gov/186A
or by submitting a paper form 3-186A to Department at their first opportunity
to do so, but no more than 10 days after capture of the bird. The permittee
must then have the bird treated by a veterinarian or a permitted wildlife
rehabilitator. The bird will count against the permittee's possession
limit.
b. The permittee may give
the bird directly to a veterinarian, or a permitted wildlife rehabilitator, or
an appropriate wildlife agency employee. If the permittee does so, it will
count against their allowed take and the number of raptors that they may
possess during the 12 month licensing period in which the raptor was
taken.
6.
Acquisition, transfer, loss, or rebanding of a raptor
a. If a permittee acquires a raptor;
transfers, rebands, or microchips a raptor; if a raptor a permittee possesses
is stolen; if a permittee loses a raptor to the wild and does not recover it
within 30 days; or if a bird a permittee possesses for falconry dies; the
permittee must report the change within 10 days by entering the required
information in the electronic database at http://permits.fws.gov/186A and by
submitting a paper form 3-186A to the Department.
b. If a raptor that a permittee possesses is
stolen, he or she must report the theft to the Department and to the Maine
Warden Service Divisional Headquarters within 10 days of the theft of the
bird.
c. Permittees must keep
copies of all electronic database submissions documenting take, transfer, loss,
rebanding or microchipping of each falconry raptor until 5 years after they
have transferred or lost the bird, or it has died.
7.
Acquiring a bird for falconry from a
permitted rehabilitator
A General or Master Falconer may acquire a raptor of any age
of a species that they are permitted to possess directly from a rehabilitator
upon approval by the Department.
a. If
permittees acquire a bird from a rehabilitator, they must report the
acquisition within 10 days by entering the required information in the
electronic database at http://permits.fws.gov/186A and by submitting a paper
form 3-186A to the Department.
b.
If permittees acquire a bird from a rehabilitator, it will count as one of the
raptors that they are allowed to take from the wild that year.
8.
Flying a hybrid raptor or
a raptor non-indigenous to Maine in falconry
When flown free, a hybrid raptor or a raptor non-indigenous
to Maine, at least two functioning radio transmitters must be attached to the
raptor to help the falconer to locate the bird.
9.
Releasing a falconry bird to the
wild
Permittees must follow all applicable laws and regulations
before releasing falconry birds to the wild.
a. If the raptor a permittee wishes to
release is not native to the state or territory, or is a hybrid of any kind,
the permittee may not permanently release the bird to the wild. He or she may
transfer it to another falconry permittee.
b. If the species a permittee wishes to
release is native to the state or territory and is captive-bred, the permittee
may not release the bird to the wild without permission from the Department.
Before releasing the species pursuant to the Department's approval, he or she
must hack the bird (allow it to adjust) to the wild at an appropriate time of
year and an appropriate location. The permittee must remove the bird's falconry
band (if it has one) and equipment, and report release of the bird by entering
the required information in the electronic database at
http://permits.fws.gov/186A and by submitting a paper form 3-186A to the
Department.
c. If the species a
permittee wishes to release is native to the state and was taken from the wild,
the permittee may release the bird, but only at an appropriate time of year and
location. He or she must remove its falconry band and equipment, and report
release of the bird by entering the required information in the electronic
database at http://permits.fws.gov/186A and by submitting a paper form 3-186A
to the Department.
10.
Restrictions on transfers of falconry raptors from other falconers
Permittees may transfer no more than 3 raptors within a
calendar year and may not exceed their possession limits.
11.
Non-resident falconers may
take wild raptors in Maine for falconry purposes in accordance with these
regulations provided that they first:
a.
Obtain a non-resident annual Maine hunting license;
b. Apply to the Department for a Maine
falconry permit and provide a copy of a valid falconry permit from their home
jurisdiction; and
c. Obtain a Maine
falconry permit from the Department. However, non-residents are exempted from
Maine testing and facility inspections.
12.
Banding or tagging raptors used in
falconry
a. A permittee who takes a
goshawk, Harris's hawk (Parabuteo unicinctus), peregrine
falcon (Falco peregrinus), or gyrfalcon (Falco
rusticolus) from the wild or who acquires one from another falconer or
a rehabilitator, must band the raptor with a permanent, nonreusable, numbered
Fish and Wildlife Service leg band supplied by the Department if the raptor is
not already banded. The permittee may purchase and implant an ISO
(International Organization for Standardization)-compliant (134.2 kHz)
microchip in addition to the leg band. The permittee must report the band
number when reporting acquisition of the bird. Within 10 days from the day on
which the permittee takes the raptor from the wild, he or she must report the
taking of the bird by entering the required information (including band number)
in the electronic database at http://permits.fws.gov/186A and by submitting a
paper form 3-186A to the Department. A permittee may request an appropriate
band from the Department in advance of any effort to capture a raptor. The
Department should be contacted for information on obtaining and disposing of
bands.
b. A raptor bred in
captivity must be banded with a seamless metal band (see 50 Code of
Federal Regulations Sec.21.30) and may also have an implanted
ISO-compliant (134.2 kHz) microchip. If a permittee must remove a seamless
band, or if it is lost, the permittee must report the removal or loss within 10
days and request a replacement U.S. Fish and Wildlife Service nonreusable band
from the Department. The permittee must submit the required information
electronically immediately upon rebanding the raptor at
http://permits.fws.gov/186A and by submitting a paper form 3-186A to the
Department. The permittee must replace a seamless band that is removed or lost.
A permittee may implant an ISO-compliant (134.2 kHz) microchip in a falconry
raptor in addition to the seamless band.
c. If the band must be removed or is lost
from a raptor in the permittee's possession, the permittee must report the loss
of the band within 5 days, and request a U.S. Fish and Wildlife Service
non-reusable band from the Department. The permittee must submit the required
information within 10 days of rebanding the raptor at
http://permits.fws.gov/186A and by submitting a paper form 3-186A to the
Department.
d. Permittees must not
alter, deface, or counterfeit a band. Permittees may remove the rear tab on a
band on a raptor taken from the wild, and permittees may smooth any imperfect
surface so long as the integrity of the band or the numbering on it is not
affected.
e. If a permittee
documents proof that the band is causing health or injury problems for a raptor
he or she possesses, the Department may provide an exemption to the requirement
for that raptor. In that case, permittees must keep a copy of the exemption
paperwork with them when transporting or flying the raptor. If the permittees'
bird is a wild goshawk, Harris's hawk, peregrine falcon, or gyrfalcon, the
permittee must replace the band with an ISO-compliant microchip that the U.S.
Fish and Wildlife Service will supply to the Department. A microchip will not
be provided for a wild goshawk, Harris's hawk, peregrine falcon, or gyrfalcon
unless the permittee has demonstrated that a band has caused an injury or a
health problem for the bird.
f. No
permittee may band a raptor removed from the wild with a seamless numbered
band.
13.
Carrying
permit(s) when conducting falconry activities
Permittees must have their permit(s) or legible copies of
them in their immediate possession at all times when they are not at the
location of their falconry facilities and the permittees are trapping,
transporting, working with, or flying their falconry raptor(s).
14.
Selling or trading
raptors under a falconry permit
a.
Permittees may sell or barter, or offer to sell or barter captive-bred raptors
marked with seamless bands to other permittees who are authorized to possess
them.
b. Permittees may not
purchase, sell, trade, or barter wild raptors. They may only transfer them, and
those other permittees are authorized to possess the raptors sold or bartered
to them in accordance with this rule.
15.
Transfer of wild-caught raptors
captured for falconry to another type of permit
Under some circumstances permittees may transfer a wild
raptor to another permit type if the recipient of the bird (which could be the
permittee) possesses the necessary permits for the other activity.
a. Permittees may transfer a wild-caught
falconry bird to a raptor propagation permit after the bird has been used in
falconry for at least 2 years (1 year for a sharp-shinned hawk, a Cooper's
hawk, a merlin, or an American kestrel). When permittees transfer the bird,
they must provide a copy of the 3-186A form documenting acquisition of the bird
by the propagator to the federal migratory bird permit office that administers
the propagation permit.
b.
Permittees may transfer a wild-caught bird to another permit type in less than
2 years (1 year for a sharp-shinned hawk, a Cooper's hawk, a merlin, or an
American kestrel) if the bird has been injured and a veterinarian has
determined that the bird can no longer be flown for falconry.
(1) Within 10 days of transferring the bird
the permittee must provide a copy of the 3-186A form
(http://permits.fws.gov/186A) documenting acquisition of the bird to the
federal migratory bird permit office that administers the other permit
type.
(2) When a permittee
transfers the bird, he or she must also provide a copy of the certification
from the veterinarian that the bird is not useable in falconry to the federal
migratory bird permits office that administers the other permit type.
16.
Transfer of
captive-bred falconry raptors to another type of permit
Permittees may transfer captive-bred falconry raptors if the
holder of the other permit type is authorized to possess the bird(s). Within 10
days permittees must report the transfer by entering the required information
in the electronic database at http://permits.fws.gov/186A and by submitting a
standard paper form 3-186A to the Department.
17.
Disposition of carcasses of
falconry birds that die
a. A permittee
must send the entire body of a golden eagle that was held for falconry,
including all feathers, talons, and other parts, to the National Eagle
Repository.
b. Permittees may
donate the body or feathers of any other species of falconry raptor to any
person or institution exempt under the law or who is authorized by permit to
acquire and possess such parts or feathers.
c. If the bird was banded or microchipped
prior to its death, the permittee may keep the body of any falconry raptor
except that of a golden eagle. A permittee may keep the body so that the
feathers are available for imping, or may have the body mounted by a
taxidermist. The permittee may use the mount in giving conservation education
programs, but must have a Maine Scientific Collection Permit to do so. If the
bird was banded, permittees must leave the band on the body. If the bird has an
implanted microchip, the permittee must leave the microchip in place.
d. If the permittee does not wish to donate
the bird body or feathers or keep it themselves, he or she must burn, bury, or
otherwise destroy it or them within 10 days of the death of the bird or after
final examination by a veterinarian to determine cause of death. Carcasses of
euthanized raptors could pose a risk of secondary poisoning of eagles and other
scavengers. Permittees must take appropriate precautions to avoid such
poisonings.
e. If the permittee
does not donate the bird body or feathers or have the body mounted by a
taxidermist, he or she may possess the flight feathers for as long as they have
a valid falconry permit. However, permittees may not buy, sell, or barter the
feathers. Permittees must keep the paperwork documenting their acquisition of
the bird.
18.
Transfer of falconry raptors if a permittee dies
A surviving spouse, executor, administrator, or other legal
representative of a deceased falconry permittee may transfer any bird held by
the permittee to another authorized permittee within 90 days of the death of
the falconry permittee. After 90 days, disposition of a bird held under the
permit shall be as determined by the Department.
19.
"Possession'' and short-term
handling of a falconry raptor
The U.S. Fish and Wildlife Service and the Department do not
consider short-term handling, such as letting any other person hold or practice
flying a raptor that permittees possess under their permit, to be possession
for the purposes of this section if permittees are present and the person is
under their supervision. (Note: This provision is taken from 50 Code of Federal
Regulations Sec 21.29 (a) and included here because it directly affects
falconers.)
20.
Transporting a falconry raptor or raptors through Maine
Permittees having a valid falconry permit may possess and
transport for falconry purposes a lawfully possessed raptor through Maine.
However, a tribal territory within Maine may further regulate such
transport.
21.
Take of
Passage Northern Peregrine Falcons for Falconry
The Commissioner may issue permits for the live capture of
passage northern peregrine falcons for use in falconry during a specified
period between September 1 and November 1. Each permit will: 1] limit the take
of passage northern peregrine falcons to one bird, 2] designate the area(s)
open to the take of passage northern peregrine falcons, 3] specify the specific
dates during which take may occur, and 4] identify any other conditions deemed
necessary.
NOTE: Passage northern peregrine falcons are
migrants from populations at or north of 54 degrees north latitude
(northernmost Canada and Greenland). Limits on falconry take of passage
northern peregrine falcons are set by the U.S. Fish and Wildlife Service. The
Atlantic Flyway Council will determine the number of passage northern peregrine
falcons that may be taken in Maine. The specific dates during which take may
occur will be established to ensure capture of migrant birds and avoid capture
of resident birds.
Persons eligible to participate in the limited take of
passage northern peregrine falcons are restricted to Master Falconers who hold
a current Maine Falconry Permit, and are residents of the State of
Maine.
An eligible person wishing to participate in the take of
passage northern peregrine falcons must file an online application on a form
furnished by the Commissioner. There is no application fee. A person may file
no more than one application.
Permittees will be selected by lottery to participate in the
take of passage northern peregrine falcons. At the time of the random chance
drawing individuals will be selected for each of the permits allocated to Maine
by the USFWS in any given year. First time applicants that were not selected,
upon application the following year, will receive two chances in that year's
drawing. If the same applicant is again not selected, then his or her name will
go into the lottery three times the subsequent year, and so on until that
applicant is drawn. To qualify for this progressive advantage, an applicant
will need to apply each consecutive year until he or she is selected for a
permit. All lottery selections are final; permits may not be transferred.
All other fees, laws, and rules relating to falconry
apply.
F.
Additional information and restrictions on the practice of
falconry
1.
Raptors removed from
the wild for falconry are always considered "wild" raptors. No matter
how long such a bird is held in captivity or whether it is transferred to
another permittee or permit type, it is always considered "wild". However, it
is considered to be taken from the wild only by the person who originally
captured it. It is not consider to be taken from the wild by any subsequent
permittee to whom it is legally transferred.
2.
"Hacking'' of falconry
raptors
Hacking (temporary release to the wild) is an approved
method for falconers to condition raptors for falconry. Only General and Master
Falconers may hack a falconry raptor or raptors.
a. The Department allows a permittee to hack
a bird he or she possesses for falconry.
b. Any bird a permittee is hacking counts
against his or her possession limit, and must be a species he or she is
authorized to possess.
c. Any
hybrid or raptor non-indigenous to Maine that a permittee hacks must have two
functioning radio transmitters attached to it during hacking.
d. A permittee may not hack a falconry bird
near a nesting area of a state or federally threatened or endangered bird
species or in any other location where the raptor is likely to harm a state or
federally listed threatened or endangered animal species and that might be
disturbed or taken by their falconry bird. Before hacking a falconry bird, the
permittee must contact the Department.
3.
Use of other falconry training or
conditioning techniques
Permittees may use other acceptable falconry practices, such
as, but not limited to, the use of creance (tethered) flying, lures, balloons,
or kites in training or conditioning falconry raptors. They also may fly
falconry birds at bird species not protected under the Migratory Bird Treaty
Act or at legally possessed pen-raised animals.
4.
Use of raptors held under a falconry
permit in captive propagation
Permittees may use raptors they possess for falconry in
captive propagation if they or the person overseeing the propagation has the
necessary permit(s). Permittees do not need to transfer a bird from their
falconry permit if they use it for fewer than 8 months in a year in captive
propagation, but must transfer the bird from their falconry permit if it is
permanently used for propagation. The bird must then be banded as required by
law.
5.
Use of
falconry raptors in conservation education programs
A General or Master Falconer may use a bird that he or she
possesses in conservation education programs presented in public venues.
a. A permittee does not need a federal
education permit to conduct conservation education activities using a falconry
raptor held under a state permit.
b. A permittee may present conservation
programs as an Apprentice Falconer if a General or Master Falconer is present
when the permittee does so.
c. The
permittee must use the bird primarily for falconry.
d. A permittee may charge a fee for
presentation of a conservation education program. The fee may not exceed the
amount required to recoup the permittee's costs.
e. In conservation education programs,
permittees must provide information about the biology, ecological roles, and
conservation needs of raptors and other migratory birds, although not all of
these topics must be addressed in every presentation. Permittees may not give
presentations that do not address falconry and conservation
education.
f. Permittees are
responsible for all liability associated with conservation education activities
they undertake.
6.
Other educational uses of falconry raptors
Permittees may allow photography, filming, or other such
uses of falconry raptors 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, though they may not be paid for
doing so.
a. Permittees may not use
falconry raptors to make movies, commercials, or in other commercial ventures
that are not related to falconry. Filming, photography, or illustration of
falconry birds to demonstrate or advertise falconry equipment is
acceptable.
b. Permittees may not
use falconry raptors for commercial entertainment; for advertisements; as a
representation of any business, company, corporation, or other organization; or
for promotion or endorsement of any products, merchandise, goods, services,
meetings, or fairs, with the following exceptions:
(1) Permittees may use a falconry raptor to
promote or endorse a nonprofit falconry organization or association.
(2) Permittees may use a falconry raptor to
promote or endorse products or endeavors related to falconry, including, but
not limited to items such as hoods, telemetry equipment, giant hoods, perches,
materials for raptor facilities, falconry training and education materials, and
scientific research and publication.
7.
Assisting in rehabilitation of
raptors to prepare them for release
A General or Master Falconer may assist a permitted
migratory bird rehabilitator to condition raptors in preparation for their
release to the wild. Permittees may keep a bird they are helping to
rehabilitate in their facilities.
a.
The rehabilitator must provide the permittee with a letter or form that
identifies the bird and explains that the permittee is assisting in its
rehabilitation.
b. Subject to
federal regulations, permittees do not need to meet the rehabilitator facility
standards. Permittees need only meet the facility standards in this
rule.
c. Permittees do not have to
add any raptor they possess for this purpose to their falconry permit; it will
remain under the permit of the rehabilitator.
d. Permittees must return any such bird that
cannot be permanently released to the wild to the rehabilitator for placement
within the 180-day timeframe in which the rehabilitator is authorized to
possess the bird, unless the permittee is authorized by an appropriate agency
to retain the bird for longer than 180 days.
e. Upon coordination with the rehabilitator,
permittees must release all releasable raptors to the wild or return them to
the rehabilitator for release within the 180-day timeframe in which the
rehabilitator is authorized to possess the birds, unless the permittee is
authorized by an appropriate agency to retain and condition a bird for longer
than 180 days, or unless the rehabilitator transfers the bird to the permittee
to hold under their falconry permit.
8.
Using a falconry bird in abatement
activities
a. A Master Falconer may
conduct abatement activities with a bird or birds he or she possesses for
falconry, if the permittee has a Special Purpose Abatement permit. A General
Falconer may conduct abatement activities only as a subpermittee of the holder
of the abatement permit.
b.
Permittees may receive payment for providing abatement services if they have a
Special Purpose Abatement permit.
9.
Feathers that a falconry bird or
birds molts
a. For imping (replacing a
damaged feather with a molted feather), permittees may possess flight feathers
for each species of raptor they possess or previously held for as long as they
have a valid falconry permit. Permittees may receive feathers for imping from
other permitted falconers, wildlife rehabilitators, or propagators in the
United States, and they may give feathers to them. Permittees may not buy,
sell, or barter such feathers.
b.
Permittees may donate feathers from a falconry bird, except golden eagle
feathers, to any person or institution with a valid permit to have them, or to
anyone exempt from the permit requirement under the law.
c. Except for primary or secondary flight
feathers or retrices from a golden eagle, permittees are not required to gather
feathers that are molted or otherwise lost by a falconry bird. Permittees may
leave the feathers where they fall, store them for imping, or destroy them.
However, permittees must collect molted flight feathers and retrices from a
golden eagle. If permittees choose not to keep them for imping, they must send
the feathers to the National Eagle Repository at the following address: U.S.
Fish and Wildlife Service, National Eagle Repository, Rocky Mountain Arsenal,
Building 128, Commerce City, Colorado 80022. The telephone number at the
Repository is 303-287-2110. In addition, the Department request that permittees
send all feathers (including body feathers) that they collect from any falconry
golden eagle and that they do not need for imping, to the National Eagle
Repository.
d. If a permittee's
permit expires or is revoked, he or she must donate the feathers of any species
of falconry raptor except a golden eagle to any person or any institution
exempt from the permit requirement under the law or who is authorized by permit
to acquire and possess the feathers. If the permittee does not donate the
feathers, he or she must burn, bury, or otherwise destroy them.
