North Dakota Administrative Code
Title 30 - Game and Fish Department
Article 30-02 - Wildlife Management
Chapter 30-02-02 - Falconry
Section 30-02-02-16 - Other restrictions and provisions

Current through Supplement No. 392, April, 2024

1. Feathers that are molted or those feathers from birds held in captivity that die may be retained and exchanged by licensees only for imping (replacing a damaged feather with a molted feather) purposes. Feathers may not be bought, sold, or bartered between licensees. Feathers not kept for imping must be destroyed (burned or buried) or the feathers may be donated to a person or institution with a valid permit to have them.

2. The carcasses of falconry birds that die must be burned, buried, or otherwise destroyed within ten days of the death of the bird or after final examination by a veterinarian to determine cause of death.

3. The department may request that any master class licensee voluntarily serve, for an indefinite period, as a representative to administer examinations under section 30-02-02-06, to conduct inspections of facilities and equipment (see section 30-02-02-07), and to provide general counsel on falconry issues.

4. A general or master licensee may conduct conservation education activities but no live wild raptors held under authority of a falconry license may be used in the presentation. The licensee may not be paid for the presentation. The presentation must address conservation education, including the biology, ecological roles, and conservation needs of raptors and other migratory birds, and general rules and regulations of falconry. The licensee is responsible for all liability associated with conservation education programs the licensee undertakes.

5. A licensee may allow photography, filming, or other such uses of captive-bred 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 the licensee may not be paid for doing so and no live wild raptors held under authority of a falconry license may be used.

a. A licensee may not use falconry raptors to make movies or commercials or in other commercial ventures that are not related to falconry.

b. A licensee may not use falconry raptors for entertainment; advertisements; promotion or endorsement of any products, merchandise, goods, services, meetings, or fairs; or as a representation of any business, company, corporation, or other organization.

6. Any licensed falconer wishing to use the falconer's captive-bred birds for abatement for commercial purposes must send a written request to the department and will be evaluated on a case-by-case basis. The licensee must possess a special purpose abatement permit from the service. Monetary compensation may not be accepted by falconers conducting abatement activities.

7. A surviving spouse, executor, administrator, or other legal representative of a deceased falconry licensee may transfer any bird held by the licensee to another authorized licensee within ninety days of the death of the falconry licensee. After ninety days, disposition of a bird held under the license is at the discretion of the department.

8. A visitor to the United States and practicing falconry in North Dakota must comply with the same restrictions for nonresident falconers and obtain the appropriate nonresident hunting licenses. The visitor may use any bird the visitor possesses legally in the visitor's country of residence, provided import of that species to the United States is not prohibited, and that proper importation permits to bring a raptor into the United States and North Dakota have been obtained. When flown free, any bird brought into this country must have two attached working radio transmitters.

9. A visitor to the United States may qualify for a temporary North Dakota falconry license appropriate for the visitor's experience. The visitor must answer correctly at least eighty percent of the questions on an examination administered by the department at the Bismarck office, and pass an equipment and facilities inspection. A holder of a temporary license may not take a bird from the wild to use in falconry. The temporary license fee shall be the same as for falconry licenses under section 30-02-02-03.

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

Law Implemented: NDCC 20.1-14-03

Disclaimer: These regulations may not be the most recent version. North Dakota 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.
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