Missouri Code of State Regulations
Title 3 - DEPARTMENT OF CONSERVATION
Division 10 - Conservation Commission
Chapter 9 - Wildlife Code: Confined Wildlife: Privileges, Permits, Standards
Section 3 CSR 10-9.442 - Falconry
Universal Citation: 3 MO Code of State Regs 10-9.442
Current through Register Vol. 49, No. 18, September 16, 2024
PURPOSE: This amendment will allow master falconers to take and possess wild passage peregrine falcons for use in falconry in accordance with season dates and the annual allocation established by the United States Fish and Wildlife Service for Missouri.
(1) Birds of prey may be taken, transported, possessed, or used to take wildlife by holders of a falconry permit, to be issued only to residents qualified by passing with a score of at least eighty percent (80%) a written examination meeting federal standards and whose facilities and equipment meet requirements specified in this rule. The barter, sale, purchase, importation, or exportation of raptors without a permit is prohibited. If a permittee allows his/her permit to lapse for a period of less than five (5) years, the permit may be reinstated at the level previously held. A permittee who allows his/her permit to lapse five (5) years or longer must pass the written examination with a score of at least eighty percent (80%), at which point the permit may be reinstated at the level previously held.
(2) Only designated species and numbers of birds of prey may be possessed and each bird shall bear a numbered, non-reuseable marker provided by the department. Documented health problems or injuries caused by the band may qualify the permit holder for an exemption to the banding requirement for that raptor, in which case a copy of the exemption paperwork must remain in the permittee's possession when transporting or flying the raptor. If the bird with documented health issues caused by the band is a wild goshawk, Harris's hawk, peregrine falcon, or gyrfalcon an International Organization for Standardization (ISO)-compliant microchip must be used. Birds held under a falconry permit may be used, without further permit, to pursue and take wildlife within the following seasons and bag limits:
(A) Cottontail and swamp rabbits
may be taken from October 1 to March 31. Daily limit: six (6) rabbits,
including no more than two (2) swamp rabbits; possession limit: twelve (12)
rabbits, including no more than four (4) swamp rabbits.
(B) Squirrels may be taken from the fourth
Saturday in May to February 15. Daily limit: ten (10) squirrels; possession
limit: twenty (20) squirrels.
(C)
Quail may be taken from October 1 to January 15. Daily limit: three (3) quail;
possession limit: six (6) quail.
(D) Migratory game birds to include only
doves, ducks, mergansers, and coots may be taken, possessed, transported, and
stored only as provided in federal regulations and this Code. (Regulations for
doves, ducks, mergansers, coots, and other migratory game birds are determined
annually by the commission following receipt of regulations prescribed by the
Secretary of the Interior under authority of the Federal Migratory Bird Treaty
Act. See
3 CSR
10-7.440.)
(E) Pheasants of either sex may be taken in
the areas and during the periods and within the bag and possession limits
listed in
3 CSR
10-7.430.
(F) Other wildlife may be taken only within
the specified seasons and bag limits, except that pheasants, quail, turkeys,
and game mammals may be taken outside of the specified falconry seasons with a
daily limit of one (1) per raptor per day.
(G) Permittees may use legally obtained and
captive-reared quail, pheasants, exotic partridges, and mallard ducks for
training of falconry raptors. Quail, pheasants, and exotic partridges shall be
marked with a permanent avian leg band prior to release. Mallard ducks shall be
marked by removal of the hind toe from the right foot or by tattooing a readily
discernable number or letter or combination on the web of one (1)
foot.
(H) Game birds held for more
than twenty-four (24) hours must be confined as specified in
3 CSR
10-9.220. For mallard ducks, such facilities must be
designed and managed to immediately recapture any unharvested ducks.
(3) A nonresident who holds a valid falconry permit and a valid Missouri hunting permit may use birds of prey properly licensed in other states to take wildlife during the open season. Properly licensed falconry raptors may, without further permit, be entered and used by nonresidents to take wildlife in any regional or national falconry field trial authorized by letter from the director.
(4) An applicant for a permit shall submit an application with information including the number of raptors possessed and the species, age, sex, date of acquisition, and source of each. An applicant under eighteen (18) years of age must have a parent or legal guardian co-sign the application. Falconry permits are issued by classes as follows:
(A) Apprentice Class-A permittee shall be at
least twelve (12) years old and shall have a sponsor holding a general or
master falconry permit. A sponsor shall have no more than three (3) apprentices
at any one (1) time. An apprentice may possess only one (1) wild caught,
captive-bred, or hybrid raptor of the order Accipitriformes, Strigiformes, or
Falconiformes except the following: Osprey, swallow-tailed kite, Mississippi
kite, bald eagle, white-tailed eagle, Steller's sea-eagle, northern harrier,
Swainson's hawk, ferruginous hawk, sharp-shinned hawk, golden eagle, peregrine
falcon, prairie falcon, flammulated owl, burrowing owl, barn owl, long-eared
owl, and short-eared owl and may obtain not more than two (2) raptors from the
wild during the twelve- (12-) month reporting period. An apprentice permittee
may not possess a bird taken from the wild as a nestling or that is imprinted
on humans;
(B) General Class-A
permittee shall be at least sixteen (16) years old and shall have a letter from
his/her sponsor documenting at least two (2) years' experience in falconry at
the apprentice level, including maintaining, training, flying, and pursuing
wildlife with the raptor(s) for at least four (4) months each calendar year. A
general falconer may not possess more than three (3) wild caught, captive-bred,
or hybrid raptors of the family Accipitridae, or of the family
Falconidae, or of the family Strigidae; but
not to include any eagle or any threatened or endangered species. A general
falconer shall not obtain more than two (2) raptors from the wild during the
twelve (12)-month reporting period;
(C) Master Class-A permittee shall have at
least five (5) years' experience in falconry at the general class level and
shall not possess more than five (5) wild raptors of the family
Accipitridae, or of the family Falconidae, or
of the family Strigidae; but not to include more than three
(3) golden eagles (Aquila chrysaetos). A master falconer shall
not obtain more than two (2) raptors from the wild during the twelve (12)-month
reporting period. A master falconer may possess any number of captive-bred or
hybrid raptors; provided, the captive-bred raptors are trained in the pursuit
of wild game and used in hunting; and
(D) The twelve (12)-month reporting period
begins July 1 and ends June 30 of the following year.
(5) Facilities for raptors (mew and/or weathering area) shall be inspected and certified to meet the following standards:
(A) Indoor facilities (mews) shall
be large enough to allow easy access for caring for the raptors. Raptors shall
be tethered or separated by partitions, and each bird shall be provided enough
area to allow it to fully extend its wings. If raptors are untethered, all
openings must be secured to prevent injury or escape, such as with vertical
bars spaced narrower than the body width of the smallest raptor housed in the
facility, heavy-duty netting, or other such measures and materials. There shall
be adequate perches, a secure door easily closed, and at least one (1) opening
for sunlight. The floor shall be well drained and shall permit easy cleaning.
Tethered raptors may be kept inside the permittee's residence if a suitable
perch is provided;
(B) Outdoor
(weathering area) facilities shall be fenced and covered with netting or wire
or roofed. The enclosed area shall be large enough to ensure that birds flying
from a perch cannot strike the fence. Raptors shall be provided at least one
(1) covered perch and protection from excessive sun, wind, and inclement
weather; and
(C) Falconry raptors
may be temporarily kept outside in the open if they are in the immediate
presence of the permittee or a designated helper.
(6) Applicants for falconry permits shall possess the following equipment:
(A) Jesses
(straps attached to the legs)-at least one (1) pair of jesses constructed of
pliable leather or suitable synthetic material for use when any raptor is flown
free;
(B) Leashes and swivels-at
least one (1) flexible, weather-resistant leash and one (1) strong swivel of
acceptable falconry design;
(C)
Bath container-a suitable container for each raptor which must be wider than
the length of the raptor;
(D)
Outdoor/portable perches-a weathering area perch of acceptable design for each
raptor; and
(E) Weighing device-a
reliable scale or balance suitable for weighing the raptors held.
(7) Raptors may be taken from the wild only as follows:
(A) Raptors shall be
taken only in a humane manner. Any device used to take birds of prey shall be
labeled with the name and address of the user and shall be personally attended
by the user at all times;
(B) Young
birds not yet capable of flight (eyasses/nestlings), except ospreys, northern
harriers (marsh hawks), sharp-shinned hawks, Swainson's hawks, peregrine
falcons, bald eagles, Mississippi kites, barn owls, short-eared owls, and
long-eared owls, may be taken only by a general or master falconer, and no more
than two (2) eyasses may be taken by a falconer during the twelve (12)-month
reporting period. The permittee must leave at least one (1) young in any nest
or aerie from which an eyass is taken;
(C) Any permittee may recapture any raptor
wearing falconry equipment or an escaped captive-bred raptor at any time,
including those species not authorized for possession. Recaptured raptors do
not count toward the authorized possession limit but must be reported to an
agent of the department within five (5) business days. Recaptured raptors must
be returned to the permittee who lost it, if that person may legally possess
it. Disposition of a bird whose legal possession cannot be determined will be
at the discretion of an agent of the department;
(D) Only American kestrels and great horned
owls may be taken when over one (1)- year old (haggard). Birds not listed in
subsection (7)(B) of this rule may also be taken when over one (1) year old,
but only when taken under a depredation or special purpose permit by a general
or master falconer. A master falconer, in any twelve- (12-) month period, may
take up to two (2) golden eagles from the wild only in a livestock depredation
area (declared by the United States Department of Agriculture (USDA) Wildlife
Services or by the governor) during the time the depredation area is in effect;
(E) Resident master falconers may
take passage peregrine falcons from September 20 through October 20 in
accordance with the annual allocation established by the United States Fish and
Wildlife Service for the take of passage peregrine falcons in Missouri. Each
resident master falconer may take one (1) passage peregrine falcon from the
wild annually, but only in accordance with the number of raptors that may be
taken by a permittee from the wild during the twelve- (12-) month reporting
period. The season will remain open during the prescribed season dates or until
the annual allocation of passage peregrine falcons have been captured.
Falconers must contact the falconry program coordinator prior to each capture
attempt to determine if the annual allocation has been reached, and falconers
taking a peregrine falcon must contact the falconry coordinator to report the
capture by 10:00 p.m. on the day of capture. Falconers capturing a peregrine
after the allocation has been met must immediately release the bird upon
notification by the falconry program coordinator that their capture was in
excess of the annual allocation. Banded peregrine falcons may not be taken and
must be released immediately at the location of capture. Nonresident master
falconers may take passage peregrine falcons in accordance with this subsection
and subsection (7)(F) of this rule; provided the director may authorize
nonresident falconers to take no more than fifty percent (50%) of the annual
allocation of passage peregrine falcons; and
(F) Nonresidents who have valid falconry permits, with
written authorization of the director, may take from the wild and, when banded,
possess and transport raptors under conditions and at those places and times as
the director may specify; providing, that this person shall possess a valid
Missouri nonresident hunting permit. (Note: Persons transporting raptors so
taken into another state also may need permission for the transfer from the
other state.)
(8) Special Provisions.
(A) A falconry permit does not
authorize the capture or release of raptors or the practice of falconry on
public lands if such use is prohibited on those lands, or on private property,
without permission from the landowner.
(B) A hybrid raptor flown for falconry must
have two (2) separate, attached, functioning radio transmitters to determine
location. The permanent release of a hybrid or non-native raptor is prohibited.
Wild-caught raptors native to Missouri may be released to the wild at any time
and without authorization; however, no captive-bred raptor shall be released to
the wild without written authorization from the Department of Conservation.
Markers shall be removed from permanently-released birds and surrendered to the
department.
(C) Except as provided
in this section, all feathers (including body feathers) collected from any
falconry golden eagle that are not needed for imping (method of repairing
broken feathers), and all golden eagle carcasses including all feathers,
talons, and other parts, must be sent 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. Feathers
from all other captive raptors may be retained by permittees for imping
purposes only.
(D) Permittees may
trap, take, trade, or transfer raptors only with a photocopy of Federal Form
3-186A (Migratory Bird Acquisition/Disposition Report) or electronic reporting
at http://permits.fws.gov/186A
submitted to the department within ten (10) business days of the action, and no
money or other consideration may be involved, except that permittees may
purchase, sell, or barter only captive-bred raptors marked with a seamless,
numbered band. A permittee must notify the department within five (5) business
days of any change in facility location.
(E) A permittee shall report by July 31 each
year a listing of all raptors possessed on June 30, by species, marker number,
sex, age, and the date and source of acquisition. The same information shall be
reported for raptors possessed or acquired since the previous report but no
longer possessed, with the source and date acquired and the date and reason for
termination of possession.
(F)
Raptors that are bred in captivity and utilized for falconry shall not be
treated as threatened or endangered species for purposes of this
rule.
(G) Except as provided in
section (2), the permittee shall leave any accidentally killed animal where it
lies, except that the raptor may feed upon the animal prior to leaving the site
of the kill.
(H) Hacking (temporary
release to the wild) is an approved method for conditioning raptors for
falconry. Only general and master falconers may hack falconry raptors. Any
raptor being hacked must be a species the permittee is authorized to possess
and counts toward the permittee's possession limit. Any hybrid raptor being
hacked must have two (2) separate, attached, functioning radio transmitters
during hacking. No falconry bird may be hacked near the nesting area of a
federally-threatened or -endangered bird species, or in any location where the
raptor is likely to disturb, harm, or take a federally-threatened or
-endangered animal species.
(I)
Raptors held by general and master falconry permittees and used primarily for
falconry may be used for public conservation education programs that must
include information regarding the biology, ecological roles, and conservation
needs of raptors; programs that do not address falconry and conservation
education are not allowed. A fee not to exceed the amount necessary to recover
participation costs is allowed. The permittee assumes all potential liability
associated with such programs.
(J)
Raptors held by a permittee may be cared for by another permittee at either
permittee's facility for up to one hundred twenty (120) consecutive days. Birds
receiving such care remain in possession of the original permittee and do not
count toward the possession limit of the care-giving permittee. The original
permittee must provide to the care-giving permittee a signed and dated
statement authorizing the temporary possession and indicating duration of care
and the privileges granted to the care-giving permittee along with federal form
3-186A showing original possession of the raptors. Raptors held by a permittee
may be cared for by a non-permittee for up to forty-five (45) consecutive days,
but only at the permittee's facility; birds under such care may not be flown
for any reason.
*Original authority: 252.240, RSMo 1972, amended 1984.
Disclaimer: These regulations may not be the most recent version. Missouri may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
This site is protected by reCAPTCHA and the Google
Privacy Policy and
Terms of Service apply.
