South Carolina Code of Regulations
Chapter 123 - DEPARTMENT OF NATURAL RESOURCES
Article 5 - NON-GAME AND ENDANGERED SPECIES
Section 123-170 - South Carolina State Falconry Regulations

(a) The completed application.

(b) Proof that the applicant has passed the falconry test administered by the Department, or proof that a falconry permit has previously been held at the level sought.

(c) An original, signed certification that reads as follows: I certify that I have read and am familiar with the regulations in title 50, part 13, of the Code of Federal Regulations and the other applicable parts of title 50, and that the information I have submitted is complete and accurate to the best of my knowledge and belief.

(a) Requirements and possession options for an Apprentice Falconer.

(b) An Apprentice may take raptors less than 1 year old, except nestlings, from the wild during any period or periods specified herein. A person may take any raptor species from the wild except a federally listed threatened or endangered species or the following species: Bald eagle (Haliaeetus leucocephalus), white-tailed eagle (Haliaeetus albicilla), Steller's sea-eagle (Haliaeetus pelagicus), golden eagle (Aquila chrysaetos), American swallow-tailed kite (Elanoides forficatus), Swainson's hawk (Buteo swainsoni), peregrine falcon (Falco peregrinus), flammulated owl (Otus flammeolus), elf owl (Micrathene whitneyi), and short-eared owl (Asio flammeus).

(a) A General Falconer permit applicant must provide the following:

(b) Requirements and possession options for a General Falconer.

(a) A Master Falconer permit applicant must attest that he or she has practiced falconry at the General Falconer level for at least 5 years.

(b) Requirements and possession options for a Master Falconer.

(c) If a Master Falconer meets the requirements of this section for falconry he or she may possess up to 3 eagles of the following species: golden eagle, white-tailed eagle, or Steller's sea eagle. The Department must document the following before approving any requests to possess an eagle for use in falconry:

(e) Reinstatement of a lapsed falconry permit.

(a) A person may qualify for the falconry permit appropriate for his/her experience. To demonstrate knowledge of U.S. falconry laws and regulations, a person must correctly answer at least 80 percent of the questions on the supervised examination for falconers administered by the Department. If a person passes the test, the Department will decide for which level of falconry permit he or she is qualified, consistent with the class requirements in of these regulations. To do so, the Department shall base its decision on documentation of experience. The falconry facilities must meet the standards in these regulations before a person may keep a raptor to use in falconry.

(a) If a person takes a goshawk, Harris's hawk (Parabuteo unicinctus), peregrine falcon (Falco peregrinus), or gyrfalcon (Falco rusticolus) from the wild or acquires one from another falconer or a rehabilitator, and if the raptor is not already banded, the person must band it with a permanent, nonreusable, numbered U.S. Fish and Wildlife Service leg band that the Department will provide. If a person wishes, he or she may purchase and implant an ISO (International Organization for Standardization)-compliant (134.2 kHz) microchip in addition to the band. A person must report the band number when he or she reports acquisition of the bird. Contact the Department for information on obtaining and disposing of bands. Within 10 days from the day on which a person takes the raptor from the wild, he or she must report take of the bird by entering the required information (including the band number) in the electronic database at http://permits.fws.gov/186A or, if required by the permitting agency, by submitting a paper form 3-186A to the Department. A person may request an appropriate band from the Department in advance of any effort to capture a raptor.

(b) A raptor bred in captivity must be banded with a seamless metal band (see § 21.30). If a person must remove a seamless band or if it is lost, within 10 days from the day the band is removed or lost, the person must report it and request a replacement U.S. Fish and Wildlife Service nonreusable band from the Department. A person must submit the required information electronically immediately upon rebanding the raptor at http://permits.fws.gov/186A or, if required by the permitting agency, by submitting a paper form 3-186A to the Department. A person must replace a seamless band that is removed or lost. A person 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, the person who possesses the bird must report the loss of the band within 5 days, and must then do at least one of the following:

(d) A person may not alter, deface, or counterfeit a band. A person may remove the rear tab on a band on a raptor taken from the wild, and may also smooth any imperfect surface if the integrity of the band or the numbering on it is not affected.

(e) If health or injury problems for a raptor is documented that are caused by the band, the Department may provide an exemption to the requirement for that raptor. In that case, a copy of the exemption paperwork must be kept with the falconer when transporting or flying the raptor. If the bird is a wild goshawk, Harris's hawk, peregrine falcon, or gyrfalcon, the falconer must replace the band with an ISO-compliant microchip that the Service will supply to the Department. The Department will not provide a microchip for a wild goshawk, Harris's hawk, peregrine falcon, or gyrfalcon unless the falconer has demonstrated that a band causes an injury or a health problem for the bird.

(f) A person may not band a raptor removed from the wild with a seamless numbered band.

(a) A falconer must have his or her permit(s) or legible copies of them in his/her immediate possession if he or she is not at the location of the falconry facilities and he or she is trapping, transporting, working with, or flying a falconry raptor(s).

(b) If a person has a valid falconry permit, he or she may possess and transport for falconry purposes a lawfully possessed raptor within this state.

(a) A person must keep all raptors held under a falconry permit in humane and healthful conditions.

(b) Whether the raptor facilities are indoors (a "mews") or outdoors (a "weathering area"), the raptor facilities must protect raptors from the environment, predators, and domestic animals. A falconer is responsible for the maintenance and security (protection from predators) of raptors possessed under his/her permit.

(c) A person must have raptor housing facilities approved by the Department before he or she may obtain a bird to use in falconry.

(d) 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.

(e) A person may house un-tethered raptors together if they are compatible with each other.

(f) 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.

(g) 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.

(h) An indoor facility must be large enough to allow easy access for the care and feeding of raptors kept there.

(i) If raptors housed in this 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 body 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.

(j) 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.

(k) An eyas raptor may be kept in any suitable container or enclosure until it is capable of flight.

(l) A person may keep a falconry raptor or raptors inside his or her place of residence if a suitable perch or perches are provided. If a raptor(s) is housed inside a home, the windows or other openings of the structure do not have to be modified. Raptors kept in a home must be tethered when they are not being moved into or out of the location in which they are kept.

(m) An outdoor facility must be totally enclosed, and may be made of heavy-gauge wire, heavy-duty plastic mesh, slats, pipe, wood, or other suitable material.

(n) The outdoor facility must be covered and have at least a covered perch to protect a raptor held in it from predators and weather.

(o) The facility must be large enough to insure that the birds cannot strike the enclosure when flying from the perch.

(p) Falconry raptors may be kept outside in the open if they are under watch, by a falconer or a family member at any location or, for example, by a designated individual in a weathering yard at a falconry meet.

(q) A falconer must inform the Department within 5 business days if he or she changes the location of the facilities.

(r) The falconry facilities may be on property owned by another person where a falconer resides, or at a different location. Regardless of location, the facilities must meet the standards indicated in these regulations.

(s) A falconer must submit to the Department a signed and dated statement showing that that the falconry facilities and raptors may be inspected without advance notice by the Department at any reasonable time of day, but the falconer must be present. If the facilities are not on property owned by the falconer, he or she must submit a signed and dated statement showing that the property owner agrees that the falconry facilities and raptors may be inspected by the Department at any reasonable time of day in the presence of the property owner; except that the authorities may not enter the facilities or disturb the raptors unless the falconer is present.

(t) The following equipment must be possessed by the falconer: jesses or the materials and equipment to make them, leash and swivel, bath container, and appropriate scales or balances for weighing raptor(s) possessed.

(u) The bird must 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 the falconer is away from the permanent facility where it is housed.

(a) A falconer may house a raptor in temporary facilities for no more than 120 consecutive days if the bird has a suitable perch and is protected from predators, domestic animals, extreme temperatures, wind, and excessive disturbance.

(b) Another falconry permittee may care for a raptor or raptors at another person's facilities for up to 120 consecutive days. The other person must have a signed and dated statement from the falconer who owns the birds plus a copy of FWS form 3-186A that shows 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 about what he or she is allowed to do with it or them.

(c) A person other than a falconer may care for falconry birds possessed at another falconer's facilities for up to 45 consecutive days.

(d) If a falconer resides in South Carolina for more than 120 consecutive days, he or she will be required to obtain a SC Falconry Permit and the facilities must be inspected before the permit is issued.

(e) Falconry equipment and records may be inspected in the presence of the permittee during business hours on any day of the week by the Department.

(a) A person may not intentionally capture a raptor species that the classification as a falconer does not allow the person to possess for falconry. If a person captures a bird he or she is not allowed to possess, he or she must release it immediately.

(b) The Department is authorized to revoke or suspend a falconry permit if the permittee:

(c) Upon request of the person whose permit has been suspended, the Department may restore the person's falconry permit at the end of the suspension period if the conditions have been met.

(d) A General or Master Falconer, may take only raptors less than 1 year of age from the wild during the period of August 1 through January 31 of each year. However, he or she may take an American kestrel or great horned owl of any age from the wild during this period. These falconers may take no more than two raptors from the wild each year to use in falconry. Legal trapping methods are limited to the following: Bal Chatri (noose cage), Swedish Goshawk trap, Noose Harness, Phai or noose ring, Dig-in method, Dho-Gaza Net or Bow-net.

(e) If a bird is taken from the wild and is transferred to another permittee in the same year in which the bird is captured, the bird will count as one of the raptors allowed to be taken from the wild that year by the falconer who caught the bird; it will not count as a capture by the recipient, though it will always be considered a wild bird.

(f) Only a General or Master Falconer, may remove nestlings from a nest or aerie. Eyases may be taken from May 1 through June 30 only of each year and may occur only on private lands with permission of the landowner. Only one eyas may be removed from each nest and one healthy eyas must remain in the nest from which a nestling is removed. An Apprentice Falconer may not take a nestling from the wild.

(g) Falconers responsible for reporting the take of a raptor from the wild, can 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. This must be done at the first opportunity to do so, but no later than 10 days after the capture of the bird.

(h) If a falconer is present at the capture site, even if another person captures the bird for the falconer, the falconer is considered the person who removes the bird from the wild. The falconer is responsible for filing a 3-186A form reporting take of the bird from the wild. This would occur, for example, if another person climbs a tree or rappels down a cliff and takes a nestling for the falconer and gives it to the falconer at the tree or cliff.

(i) If the falconer who will receive the bird is not at the immediate location where the 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 take of the bird. If that person then transfers the bird to another falconer, both must file 3-186A forms reporting the transaction at the first opportunity to do so, but no later than 10 days after the transfer. 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 recipient falconer 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 falconer.

(j) If a falconer has a long-term or permanent physical impairment that prevents him or her from attending the capture of a species one can use for falconry, a General or Master Falconer may capture a bird for the impaired falconer. The impaired and recipient falconer is then responsible for filing a 3-186A form reporting take of the bird from the wild, and the bird will count against the take of wild raptors that a falconer is allowed in any year.

(k) A falconer must promptly release any bird captured unintentionally.

(l) A falconer may recapture a falconry bird lost at any time. Recapture of a wild bird is not considered to be taking a bird from the wild.

(m) A falconer may recapture a raptor if the bird is wearing falconry equipment or a captive-bred bird at any time - even if the falconer is not allowed to possess the species. The bird will not count against the possession limit of the falconer who recaptures the bird, nor will its take from the wild count against his or her limit. The recapture of the bird must be reported to the Department no more than 5 working days after the recapture. A recaptured falconry bird must be returned to the person 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 the Department.

(n) A falconer 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 a banded peregrine falcon may not be taken from the wild.

(o) If a falconer captures a raptor (including a peregrine falcon) that is marked with a seamless metal band, a transmitter, or any other item identifying it as a falconry bird, the capture must be reported to the Department no more than 5 working days after the capture. A recaptured falconry bird must be returned to the person who lost it. If that person cannot possess the bird or does not wish to possess it, the falconer who recaptured the bird may keep it. Otherwise, disposition of a bird whose legal possession cannot be determined will be at the discretion of the Department. While the falconer keeps a bird for return to the person who lost it, the bird will not count against the possession limit or the limit on take of raptors from the wild if the the bird has been reported to the Department.

(p) If a peregrine falcon is captured and has a research band (such as a colored band with alphanumeric codes) or a research marking attached to it, the bird must be released immediately, except that if the falcon has a transmitter attached to it, the falconer is authorized to possess the bird up to 30 days if he or she wishes 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 falconer to do so before the bird is released. If the researcher does not wish to keep the transmitter on the falcon, the falconer may keep the bird if captured under circumstances in which capture of wild peregrines is allowed.

(q) If a raptor that is captured has any other band, research marking, or transmitter attached to it, the falconer must promptly report the band numbers and all other relevant information to the Federal Bird Banding Laboratory at 1-800-327-2263.

(r) A falconer may contact the researcher and determine if he or she wishes to replace a transmitter attached to a bird captured. If so, the falconer is authorized to possess the bird up to 30 days until the researcher or his or her designee does so, or until the falconer can replace it. Disposition of the bird will be at the discretion of the researcher and the Department. If the falconer possesses such a bird temporarily, it will not count against the possession limit for falconry raptors.

(s) A Master Falconer with a permit to do so, may take, transport, or possess up to three eagles, including golden eagles, white-tailed eagles, or Steller's sea-eagles, subject to the requirements in this section and 50 CFR 22.24. A golden eagle, white-tailed eagle, or Steller's sea-eagle possessed counts as a bird to be included under the falconer's possession limit.

(t) A falconer has two options for dealing with a bird injured by his or her trapping efforts. In either case, the falconer is responsible for the costs of care and rehabilitation of the bird.

(u) If a falconer acquires a raptor; transfers, rebands, or microchips a raptor; if a falconer's raptor is stolen; if a falconer loses a raptor to the wild and it is not recovered within 30 days; or if a bird a falconer possesses for falconry dies; the falconer must report the change within 10 days by entering the required information in the electronic database at http://permits.fws.gov/186A or by submitting a paper form 3-186A to the Department.

(v) If a raptor possessed by a falconer is stolen, the falconer must report the theft to the Department and to the Fish and Wildlife Service Regional Law Enforcement office within 10 days of the theft of the bird.

(w) A falconer must keep copies of all electronic database submissions documenting take, transfer, loss, rebanding or microchipping of each falconry raptor until 5 years after he or she has transferred or lost the bird, or it has died.

(x) A falconer may acquire a raptor of any age of a species that one is permitted to possess directly from a rehabilitator. Transfer to the falconer is at the discretion of the rehabilitator.

(a) When flown free, a hybrid raptor must have attached at least two functioning radio transmitters to help the falconer locate the bird.

(b) A falconer must follow all applicable State and Federal laws and regulations before releasing a falconry bird to the wild.

(c) If the raptor the falconer wishes to release is not native to the State or territory, or is a hybrid of any kind, it may not be permanently released to the wild. It may be transferred to another falconry permittee.

(d) If the species the falconer wishes to release is native to the State or territory and is captive-bred, it may not be released to the wild unless the falconer has permission from the Department. If permitted to do so, the bird must be hacked (allow it to adjust) to the wild at an appropriate time of year and an appropriate location. The falconry band (if it has one) must be released and the falconer must report release 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 the Department.

(e) If the species to be released is native to the State and was taken from the wild, the bird may be released only at an appropriate time of year and an appropriate location. The falconry band must be removed and the falconer must report release 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 the Department.

(f) The number of wild-caught or captive-bred raptors transferred to a falconer is not restricted, but he or she may not exceed the possession limit.

(g) 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 a "wild" bird. However, it is considered to be taken from the wild only by the person who originally captured it. If transferred to another permittee, the bird is not considered to be taken from the wild.

(a) Hacking (temporary release to the wild) is an approved method for falconers to condition raptors for falconry. A General Falconer or a Master Falconer may hack a falconry raptor or raptors.

(a) A falconer may sell, purchase, or barter, or offer to sell, purchase, or barter captive-bred raptors marked with seamless bands to other permittees who are authorized to possess them.

(b) A falconer may not purchase, sell, trade, or barter wild raptors. He or she may only transfer them.

(c) A falconer may transfer a raptor to another permit type if the recipient of the bird (which could be the same falconer) possesses the necessary permits for the other activity.

(d) A falconer may transfer a wild-caught falconry bird to an individual who holds 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 he or she transfers 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 and provide a copy to the Department.

(e) A falconer 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.

(f) A falconer may transfer captive-bred falconry raptors if the holder of the other permit type is authorized to possess the bird(s). Within 10 days he or she 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.

(a) A falconer may use raptors possessed for falconry in captive propagation if the falconer or the person overseeing the propagation has the necessary permit(s) (see 50 CFR 21.30). This falconer does not need to transfer a bird from his or her falconry permit if the bird is used for fewer than 8 months in a year in captive propagation, but the bird must be transferred if it is to be used permanently for propagation. The bird must then be banded as required in 50 CFR 21.30.

(b) General or Master Falconers may use a bird possessed in conservation education programs presented in public venues.

(a) The falconer may not use falconry raptors to make movies, commercials, or in other commercial ventures that are not related to falconry

(b) The falconer 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:

(a) The rehabilitator must provide the falconer with a letter or form that identifies the bird and explains that he or she is assisting in its rehabilitation.

(b) The falconer does not need to meet the federal rehabilitator facility standards. He or she need only meet the facility standards in this section; his or her facilities are not subject to inspection for compliance with the standards in 50 CFR 21.31.

(c) The falconer does not have to add any raptor he or she possesses for this purpose to the falconry permit; it will remain under the permit of the rehabilitator.

(d) The falconer 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 issuing office authorizes the falconer to retain the bird for longer than 180 days.

(e) Upon coordination with the rehabilitator, the falconer must release all releaseable 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 issuing office authorizes he or she to retain and condition a bird for longer than 180 days, or unless the rehabilitator transfers the bird to the falconer to hold under his or her falconry permit.

(a) Falconers may receive payment for providing abatement services if he or she has a Special Purpose Abatement permit.

(a) For imping (replacing a damaged feather with a molted feather), a falconer may possess tail feathers and primary and secondary wing feathers for each species of raptor possessed or previously held for as long as he or she has a valid falconry permit. A falconer may receive feathers for imping from other permitted falconers, wildlife rehabilitators, or propagators in the United States, and he or she may give feathers to them. A falconer may not buy, sell, or barter such feathers.

(b) If the falconer'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 § 21.12 or authorized by permit to acquire and possess the feathers. If the feathers are not donated, they must be burned, buried, or otherwise destroyed.

(a) A falconer may donate the body or feathers of any other species of falconry raptor to any person or institution exempt under 50 CFR 21.12 or authorized by permit to acquire and possess such parts or feathers.

(b) If the bird was banded or microchipped prior to its death, the falconer may keep the body of any falconry raptor except that of a golden eagle. He or she may keep the body so that the feathers are available for imping, or may have the body mounted by a taxidermist. He or she may use the mount in giving conservation education programs. If the bird was banded, the band must be left on the body. If the bird has an implanted microchip, the microchip must be left in place.

(c) If a falconer wishes to donate the bird body or feathers or keep it, 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. The falconer must take appropriate precautions to avoid such poisonings.

(d) If the bird body or feathers is not donated or the body is mounted by a taxidermist, the flight feathers may be possessed for as long as a valid falconry permit is held. However, the feathers may not be bought, sold or bartered. The falconer must keep the paperwork documenting his or her acquisition of the bird.

(a) A visitor to the United States may qualify for a temporary falconry permit appropriate for his or her experience.