Ohio Administrative Code
Title 1501:31 - Division of Wildlife
Chapter 1501:31-37 - Falconry Permits
Section 1501:31-37-01 - Falconry permit; fees
Universal Citation: OH Admin Code 1501:31-37-01
Current through all regulations passed and filed through September 16, 2024
(A) Falconry permits.
Ohio falconry permits may be issued for up to three years and expire at midnight on the date specified on the permit.
(1)
The fee for a new falconry permit is seventy-five
dollars plus twenty-five dollars for each year the permit is
issued.
(2)
The renewal fee is twenty-five dollars for each year
the permit is issued.
(3)
Hunting license requirements under section
1533.10 of the Revised Code are
not altered by an Ohio falconry permit.
(4)
It shall be
unlawful for a person to engage in falconry without an Ohio falconry permit,
except:
(a)
A
nonresident may engage in falconry in Ohio if they possess a valid Ohio
nonresident hunting license, have proof that they legally possess the raptor,
and are legally authorized to engage in falconry in their state of
residence;
(b)
A nonresident participating in a falconry field trial
approved by the division of wildlife is exempt from the Ohio falconry permit
and the nonresident hunting license requirements upon providing proof that they
are legally authorized to engage in falconry in their state of
residence.
(5)
It shall be unlawful for any Ohio falconry permit
holder to fail to comply with any provision in this rule.
(B) Classes of Ohio falconry permits.
There are three classes of Ohio falconry permits.
(1)
Apprentice class. Apprentice class falconry permit
holders will:
(a)
Be at least sixteen years of age;
(b)
Possess not more
than one raptor and obtain no more than two raptors for replacement during any
twelve-month period;
(c)
Not take, transport, or possess any raptor other than
an American kestrel (Falco sparverius) or a red-tailed hawk (Buteo
jamaicensis);
(d)
Have a qualifying sponsor. Qualifying sponsors are
residents of Ohio, or an adjacent state, that currently hold either a general
or master class falconry permit, have three or fewer apprentices, and have
provided a statement that they will assist the apprentice with:
(i)
Learning about
the husbandry and training of raptors held for falconry;
(ii)
Learning and
about relevant wildlife laws and regulations;
(iii)
Deciding what
species of raptor is appropriate for the apprentice to possess.
(2)
General class. General class falconry permit holders
will:
(a)
Be at
least eighteen years of age;
(b)
Have at least two
years experience in falconry while holding an apprentice class falconry permit
and be able to demonstrate that a generally accepted standard of proficiency in
falconry has been achieved;
(c)
Possess not more
than three raptors, of which no more than two may be from the
wild;
(d)
Obtain no more than two raptors from the wild as
replacement birds during any twelve-month period;
(e)
Not take,
transport, or possess any bald eagle or any raptor listed as threatened or
endangered in state or federal regulations.
(3)
Master class.
Master class falconry permit holders will:
(a)
Have at least
five years experience in the practice of falconry at the general class level or
its equivalent;
(b)
Possess not more than five raptors from the wild.
Provided further, master class falconry permit holders may possess any number
of captive-bred raptors as long as the permit holder trains them in the pursuit
of wild game and uses them in hunting;
(c)
Obtain no more
than two raptors from the wild as replacement birds during any twelve-month
period;
(d)
First obtain written authorization from the division of
wildlife and the U.S. fish and wildlife service to take, transport, or possess
a raptor listed as threatened in federal regulations;
(e)
Not take,
transport, or possess any raptor listed as endangered in state or federal
regulations unless otherwise authorized in writing by both the division of
wildlife and the U.S. fish and wildlife service. Captive-bred raptors listed as
threatened or endangered may be possessed and transported in accordance with
federal regulations.
(C) Applications.
Every applicant for an Ohio falconry permit will submit a completed application to the division of wildlife. Provided further:
(1)
First-time applicants will include the name, address
and falconry permit number of their qualifying sponsor;
(2)
A parent or legal
guardian will sign the application and be legally responsible for any applicant
under eighteen years of age;
(3)
Every applicant,
other than a first time applicant, will provide the number of raptors they
possess at the time the application is submitted, along with the species, age
(if known), sex (if known), date of acquisition, source, and marker number for
each raptor.
(4)
A falconry permit will not be issued unless the
applicant has:
(a)
Answered correctly at least eighty percent of the
questions on a supervised examination provided by the division of wildlife and
approved by the U.S. fish and wildlife service. The examination may relate to
basic biology, care and handling of raptors, regulations, and other appropriate
subject matter. A person who fails to pass the examination is not eligible to
submit another application for six months following the
examination;
(b)
Adequate facilities and equipment, including either a
weathering area or mews, that have been inspected and approved by a
representative of the division of wildlife;
(c)
Submitted payment
for the license;
(d)
Affirmed that falconry facilities and raptors may be
inspected at any reasonable time without advance notice by the division of
wildlife. Division of wildlife personnel will not enter facilities or disturb
the raptors unless the permit holder is present.
(5)
General or master
class permit holders who have allowed their permits to expire or who have
relocated from out-of-state may apply for an Ohio falconry permit when evidence
of a previous falconry permit is presented and upon payment of the permit
fee;
(6)
All application and permit fees will be forfeited to
the division of wildlife if the applicant fails to meet all of the permit
requirements within one year of date of application.
(D) Falconry facilities and care requirements.
All raptors held under a falconry permit will be kept in humane and healthful conditions. It shall be unlawful to fail to maintain care, housing, facilities, and equipment at or above the following minimum standards:
(1)
Facilities will protect raptors in them from the
environment, predators, and domestic animals whether they are indoors (a mews)
or outdoors (a weathering area). Provided further:
(a)
The facility will
have a suitable perch for each raptor, at least one opening for sunlight, and
provide a healthy environment for raptors inside;
(b)
Raptors that are
compatible with each other may housed together untethered;
(c)
Each raptor will
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 raptor will
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 or mews will be large enough to
allow easy access for the care and feeding of raptors kept there. Provided
further:
(a)
If
raptors housed in this indoor facility are not tethered, all walls that are not
solid will be protected on the inside. Suitable materials may include vertical
bars spaced narrower than the width of the body of the smallest raptor you
house 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 allow them to maintain healthy
feathers;
(c)
A nestling raptor may be kept in any suitable container
or enclosure until it is capable of flight.
(3)
Raptors may be
housed in a residence without modifying windows or other openings if there are
adequate perches provided for each raptor, and the raptors are tethered when
they are not being moved into or out of the location in which they are
kept;
(4)
A weathering area or outdoor facility will be totally
enclosed, and may be made of heavy-gauge wire, heavy-duty plastic mesh, slats,
pipe, wood, or other suitable material. Provided further:
(a)
The facility will
be covered and have at least one covered perch to protect a raptor held in it
from predators and weather;
(b)
The enclosed area
will be large enough to ensure 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 above and are approved
by the division of wildlife.
(5)
Raptors may be
kept outside in the open if they are under watch by the permit holder or
another designated person;
(6)
Raptor facilities
will not be on property owned by someone other than the permit holder, unless
the permit holder submits a signed and dated statement showing the property
owner agrees that the falconry facilities and raptors may be inspected at any
reasonable time by the division of wildlife in the presence of the property
owner. Division of wildlife personnel will not enter facilities or disturb the
raptors unless the permit holder is present;
(7)
Another falconry
permit holder may care for a raptor or raptors for up to one hundered twenty
consecutive calendar days, provided:
(a)
The caregiver has a signed and dated statement from the
permit holder authorizing the temporary possession and includes the time period
of possession or care and what the other person is allowed to do with the
raptor or raptors. plus a copy of a form 3-186A that shows that you are the
possessor of each of the raptors;
(b)
The caregiver has
a copy of the form 3-186A that shows the permit holder as the possessor of each
of the raptors;
(c)
The caregiver holds the appropriate level falconry
permit, they may fly the raptors as authorized by the permit holder, including
hunting;
(d)
The raptors remain under the permit holder, then those
raptors are not counted against the possession limit of the
caregiver;
(e)
The care of raptors can be extended beyond one hundred
twenty days in extenuating circumstances with approval of the chief of the
division of wildlife or their designee.
(8)
Another person
who is not a falconry permit holder may care for a raptor or raptors for up to
forty-five consecutive calendar days, provided:
(a)
The raptors
remain in the permit holder's facilities;
(b)
The caregiver
does not fly the raptors for any reason;
(c)
The care of
raptors can be extended beyond forty-five days in extenuating circumstances
with approval of the chief of the division of wildlife or their
designee.
(9)
Falconry permit holders will have and maintain jesses
or the materials and equipment to make them, leash and swivel, bath container,
and appropriate scales or balances for weighing raptor(s) they
possess.
(E) Markers.
It shall be unlawful to:
(1)
Acquire a raptor
for falconry purposes without first obtaining a marker;
(2)
Fail to attach a
marker immediately upon the acquisition of a raptor;
(3)
Band or possess a
raptor taken from the wild with a seamless metal band;
(4)
Attach a marker
to any raptor not lawfully captured, transferred, or possessed by the permit
holder;
(5)
Use or possess a counterfeit marker;
(6)
Transfer an
unused marker to another;
(7)
Alter or deface a marker, except that a permit holder
may remove the rear tab on the marker and may smooth any imperfect surface
provided the integrity of the marker and the numbering are not
affected;
(8)
Remove a marker that has been attached to a raptor,
except immediately prior to the final disposition of the carcass of a raptor
that has died or the intentional release into the wild;
(9)
Fail to report
any new raptor acquired or transferred within five days by submitting all of
the following to the United States fish and wildlife service and the division
of wildlife:
(a)
A completed form 3-186A, a similar form provided by the
division of wildlife, or by reporting the information through another method
authorized by the division of wildlife;
(b)
The marker
number;
(c)
Proof the raptor has been legally
acquired.
(10)
Fail to remove bands and markers from any raptor that
died or was intentionally released and submit all of the following to the
division of wildlife within five days:
(a)
A completed form
3-186A, a similar form provided by the division of wildlife, or by reporting
the information through another method authorized by the division of
wildlife;
(b)
The marker;
(c)
The likely cause
of death or the area of the release.
(11)
Fail to
immediately attach a replacement marker to the raptor upon receipt and submit
to the United States fish and wildlife service and the division of wildlife a
completed form 3-186A, a similar form provided by the division of wildlife, or
by reporting the information through another method authorized by the division
of wildlife within five days.
(F) General provisions.
The following provisions apply to Ohio falconry permit holders:
(1)
Raptors may be used for falconry purposes only, except
that falconry permit holders may promote the sport of falconry including the
use of raptors held under their permit for not-for-profit educational
presentations. Apprentice falconry permit holders may present these programs
only under the supervision of a general or master class falconry permit holder.
Provided further, permit holders will not participate in for-profit activities
utilizing falconry birds, except:
(a)
When authorized by the chief of the division of
wildlife;
(b)
Master class falconry permit holders may provide
nuisance wild animal removal and control services for hire under the authority
of a commercial nuisance wild animal control operator license provided the
control services are authorized and follow the conditions of their federal
special- purpose abatement permit. General class falconry permit holders may
conduct abatement activities only as a subpermittee of the holder of the
abatement permit;
(c)
Permit holders may recoup their expenses to provide
educational presentations.
(2)
A permit holder
may transport a raptor under their permit to another state for falconry
purposes without a permit from the division of wildlife.
(3)
Feathers that are
molted or those feathers from raptors held in captivity that die, may be
retained and exchanged by permit holders for imping purposes
only.
(4)
Live propagated game birds may be used at any time for
training purposes in areas designated by the division of wildlife as a dog
training area or designated by the falconer on the falconry permit
application.
(5)
Any species of prey accidentally taken during the
closed season will be released if alive. Dead prey cannot be removed from the
field, but the raptor can feed upon it. Provided further, European starlings,
English sparrows, and pigeons, other than homing pigeons, may be taken,
possessed, and used for the capturing, training, and feeding of raptors
provided they are not traded, sold, or bartered.
(6)
All raptors
possessed by a permit holder who dies or becomes physically incapable of
performing the requirements of this rule will be transferred to the division of
wildlife for disposal, except when the permit holder provides a preferred
disposition in writing. Approved dispositions include:
(a)
Transfer to a
member of the immediate family if the permit holder is a master or general
class falconry permit holder. Family members will be given priority to receive
the permit holder's raptors;
(b)
Transfer to
another falconry permit holder or licensed falconer;
(c)
Release if the
raptor was wild-captured;
(d)
Transfer to a raptor breeding program;
(e)
Transfer to a
licensed educational institution.
(7)
Any hybrid raptor
flown for the purposes of falconry must have attached thereto two separate,
functioning radio transmitters for the purpose of locating the
raptor.
(8)
It shall be unlawful to intentionally release a hybrid
raptor, or any other raptor species not indigenous to Ohio, without written
authorization from the chief of the division of wildlife.
(9)
When raptors are
transported, used for hunting, or possessed away from the permit holder's
facilities, they will have a suitable perch and be protected from extreme
temperatures, wind, and excessive disturbance. A "giant hood" or similar
container is acceptable for transporting or housing a raptor when it is away
from the permit holder's facilities where it is housed.
(10)
A permit holder
will inform the division of wildlife in writing within five business days if
they change the location of their falconry facilities.
(11)
A permit holder
may request in writing to the chief that the permit be held inactive for the
remainder of the permit period. While on inactive status, facilities and
equipment are not required and no raptors may be possessed. Provided further,
the permit will not be reactivated until adequate facilities and equipment,
including either a weathering area or mews, have been inspected and approved by
a representative of the division of wildlife.
(G) Falconry report.
It shall be unlawful for an Ohio falconry permit holder to fail to submit a falconry report to the division of wildlife:
(1)
By July thirty-first each year in a manner prescribed
by the chief of the division of wildlife;
(2)
That includes all
of the following information:
(a)
A listing of all raptors in possession on June
thirtieth of the year in which the report is filed, by species, marker number,
sex, age, date of acquisition, and where or from whom acquired;
(b)
A listing by
species of all raptors possessed or acquired since the previous annual report,
but no longer possessed, including marker number, sex, age, date of
acquisition, where or from whom acquired, and whether the raptor escaped, died,
or was released, and when the event occurred;
(c)
A record of each
wild animal taken by species;
(d)
Any other
information requested by the division of wildlife.
(H) Inspections.
Falconry raptors, facilities, equipment, and records may be inspected at any reasonable time in the presence of the permit holder.
(I) Revocation.
(1)
Failure to comply
with any provision of this rule may result in revocation of the falconry
permit.
(2)
Failure to correct any deficiencies within forty-eight
hours of written notification or two written notifications within a
twelve-month period will result in revocation of the falconry permit for the
period of one year.
(3)
All the fees for revoked permits will be forfeited to
the division of wildlife.
(J) It shall be unlawful for any person to transfer, buy, sell, or barter, or offer for transfer, sale or barter, or transport for transfer, sale or barter any raptor unless otherwise authorized by the chief of the division of wildlife.
(K) The division of wildlife is not liable for damages caused by raptors possessed or used in falconry.
(L) All definitions set forth in rule 1501:31-1-02 of the Administrative Code apply to this rule.
Replaces: 1501:31-37-01
Disclaimer: These regulations may not be the most recent version. Ohio 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.
