Current through Supplement No. 392, April, 2024
1. Before a
falconry license is issued, the applicant's raptor housing facilities and
falconry equipment shall be inspected by a representative of the department and
must meet the standards in this section. This requirement does not apply to
license renewals under section
30-02-02-03, although each
licensee's facilities and equipment shall be open to inspection.
2.
Housing facilities. The
primary consideration for raptor housing facilities whether indoors (mews) or
outdoors (weathering area) is protection from the environment, predators, and
undue disturbance. The applicant shall have the following facilities:
a. Indoor facilities (mews) shall be large
enough to allow easy access for caring for the raptors housed in the facility.
If more than one raptor is to be kept in the mews, the raptors shall be
tethered or separated by partitions and the area for each bird shall be large
enough to allow the bird to fully extend its wings. There shall be at least one
window, protected on the inside by vertical bars, spaced narrower than the
width of the bird's body, and a secure door that can easily be closed. The
floor of the mews shall permit easy cleaning and shall be well drained.
Adequate perches shall be provided.
b. Outdoor facilities (weathering area) shall
be fenced and covered with netting or wire, or roofed to protect the birds from
disturbances and attack by predators. The area shall be large enough to ensure
that the birds cannot strike any obstacle when flying from the perch.
Protection from excessive sun, wind, and inclement weather shall be provided
for each bird. Adequate perches shall be provided.
c. Falconry facilities may be on property
owned by another person. However, the licensee must provide daily care.
Regardless of location, the facilities must meet the facility
standards.
d. The licensee must
submit a signed and dated statement showing that the licensee or the property
owner, if facilities are not on property that the licensee owns, agrees that
the falconry facilities, equipment, and raptors may be inspected without
advance notice from department authorities at any reasonable hours of the day.
Inspections must be in the presence of the licensee.
e. The licensee must inform the department
within five business days if the location of the facilities changes.
3.
Equipment. The
following items shall be in the possession of the applicant before the
applicant can obtain a license:
a. Jesses. At
least one pair of alymer jesses or similar type constructed of pliable,
high-quality leather or suitable synthetic material to be used when any raptor
is flown free. Traditional one-piece jesses may be used on raptors when not
being flown;
b. Leashes and
swivels. At least one flexible, weather-resistant leash and one strong swivel
of acceptable falconry design;
c.
Bath container. At least one suitable container, two to six inches [5 to 15.25
centimeters] deep and wider than the length of the raptor, for drinking and
bathing for each 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 or raptors held and graduated to
increments of not more than one-half ounce [15 grams] shall be
provided.
4.
Maintenance. All facilities and equipment shall be kept at or
above the preceding standards at all times or license will be subject to
revocation.
5.
Transportation
and temporary housing.
a. A licensee
must be sure the birds have a suitable perch and are protected from extreme
temperatures, wind, and excessive disturbance when the licensee is transporting
it, using it for hunting, or is away from home with it.
b. A licensee may house a raptor in temporary
facilities outside of the licensee's permanent facilities when not transporting
or using it for hunting for no more than one hundred twenty consecutive
calendar days if the bird has a suitable perch and is protected from predators,
domestic animals, extreme temperatures, wind, and excessive
disturbance.
c. With a valid
falconry license, a falconer may possess and transport for falconry purposes a
lawfully possessed raptor through the state. If the raptor will be flown in the
state, the licensee must comply with section
30-02-02-10.
d. Inspections. Falconry birds, facilities,
equipment, and records may be inspected during business hours on any day of the
week by the department.
Any person who violates this section is guilty of a
noncriminal offense and shall pay a two hundred dollar
fee.
General Authority: NDCC 20.1-14-03,
20.1-02-15
Law Implemented: NDCC
20.1-14-03
