Current through February, 2024
Section 1 Purpose
This rule is adopted pursuant to
10 V.S.A. §
4278. In adopting this rule, the commissioner
establishes specific requirements for ensuring that holders of falconry permits
are qualified and that the birds they possess are legally acquired and
appropriately cared for. This regulation defines required raptor housing
facilities and falconry equipment, legal means of taking, lawful species, ages
and numbers of raptors that may be taken and possessed, banding requirements,
and other restrictions on the practice of falconry.
Section 2 Definitions
(a) "Apprentice" permittee means a person
meeting the requirements of 5(a) of this rule.
(b) "Commissioner" means the Commissioner of
the Vermont Department of Fish and Wildlife or his/her designee.
(c) "Department" means the Vermont Department
of Fish and Wildlife.
(d) "Permit"
means a written authorization issued by the Department to take and possess
raptors and to practice the sport of falconry issued pursuant to
10 V.S.A. §
4278(b).
(e) "Falconry" means the sport of hunting by
use of trained raptors, including the training, feeding and handling of such
raptors and their recapture after being released for hunting or
training.
(f) "Falconer" means a
person who possesses a raptor for the purposes of Falconry under this
rule.
(g) "General" permittee means
a person meeting the requirements of 5(b) of this rule.
(h) "Master" permittee means a person meeting
the requirements of 5(c) of this rule.
(i) "Passage Bird" means a wild bird less
than one year old.
(j) "Raptor"
means all species and hybrids of the orders Strigiformes (hawks, eagles, and
kites).
(k) "Sponsor" means a
General or Master Falconer, currently permitted by Vermont, or another state,
who has agreed to advise and train a holder of an Apprentice permit.
(l) "USFWS" means U.S. Fish and Wildlife
Service.
Section 3
Application Requirements Qualifications for Appointment
(a) An applicant for a falconry permit must:
(1) be at least sixteen (16) years old and a
resident of Vermont;
(2) not have a
license under revocation for violation Title 10, Part 4.
(3) submit to the Department, on a form
prepared and furnished by the Department, an application for a falconry permit,
to include:
(i) the applicant's name,
address, telephone number, and date of birth and the location of his or her
raptor housing facilities;
(ii) the
number of raptors the applicant possesses at the time the application is
submitted, including the species, age (if known), sex (if known), date of
acquisition, and source of each;
(iii) the class of permit requested,
including the name, address, and signature of sponsor, if required;
(iv) a listing of falconry permits previously
held by the applicant;
(v) an
account of the applicant's experience and training in falconry;
(vi) an original, certification by the
applicant concerning the validity of the information, or the signature of a
parent or guardian if the applicant is under the age of eighteen (18)
years;
(4) complete a
supervised written examination on basic biology, care, and handling of raptors.
The examination shall be given by the Department at a state-approved site.
Successful completion requires a minimum score of eighty five (85) percent. An
applicant who fails the exam may retake it no sooner than sixty (60) days;
and
(5) submit to the Department a
permit fee in accordance with Section
4(a).
(b) The Commissioner may issue a
permit to an applicant who meets the requirements of this rule.
Section 4 Permit Terms
(a) Term of permit. A Vermont falconry permit
is issued for three (3) years, unless amended or revoked. A permitted
Apprentice or General Falconer may apply for a permit of higher class while
possessing an unexpired permit without paying additional fees.
(b) Compliance. Permittees shall comply with
all terms under this regulation and all terms under federal falconry standards
issued by the USFWS, including proper filing of electronic federal Migratory
Bird Acquisition and Disposition Reports (Form 3-186A). A copy of each federal
report shall be submitted to the Department.
(c) Revocation of permit. The Commissioner
may revoke a permit and seize raptors held under the permit if the Commissioner
finds that the permittee:
(1) failed to
properly and humanely care for the raptors held under the permit;
(2) allowed the raptors held under the permit
to become a public nuisance;
(3)
failed to comply with any of the terms or conditions of the falconry
permit.
(d) Raptors
seized under this section shall be released to the wild, transferred to another
permittee, or disposed of as directed by the Commissioner.
Section 5 Classes of Permits
Permits shall be issued in three classes based upon the age
and experience of the applicant.
(a)
Apprentice. Holders of an Apprentice permit shall:
(1) be at least sixteen (16) years
old;
(2) obtain a sponsor who will
consent to train and advise the permittee for a minimum of twenty (20) hours
annually for the first two (2) years;
(3) notify the Department in writing within
ten (10) days after his or her sponsorship has been withdrawn for any reason,
and notify the Department within ten (10) days of obtaining a new
sponsor.
(4) find a sponsor within
ninety (90) days following the withdrawal of a previous sponsor. If an
Apprentice fails to obtain a new sponsor and notify the Department within
ninety (90) days, the Apprentice will surrender any raptors possessed under
this rule to the Department.
(b) General. Holders of a General permit
shall:
(1) be at least eighteen (18) years
old;
(2) have a minimum of two (2)
years experience in the practice of falconry at the Apprentice level or its
equivalent, including maintaining, training, flying, and hunting the raptor(s)
for at least 4 months in each year, to be verified in writing by a sponsor of
the applicant who also recommends applicant for a permit; or verified by a
state agency that has previously issued a permit to the applicant; or by other
proof deemed appropriate by the Commissioner.
(c) Master. Holders of a Master permit shall:
(1) have a minimum or five (5) years
experience in the practice of falconry at the General class level or its
equivalent, to be verified by the state agency that has previously issued a
permit to the applicant, or by other proof deemed appropriate by the
Commissioner.
(d)
Sponsor. A General permittee shall sponsor no more than one (1) Apprentice
permittee at a time. A Master permittee shall sponsor no more than two (2)
Apprentice permittees at a time.
(e) Out of State Permits: Upon moving to
Vermont, any falconer who holds a valid falconry permit from another state may
use that state's permit for a period of no more than six (6) months when
applying for a Vermont falconry permit. After six months, the person must have
a Vermont falconry permit in order to engage in falconry in Vermont.
Section 6 Facilities and Care
(a) Facilities. Prior to acquiring a raptor,
the permittee shall possess or have access to suitable raptor housing
facilities that have passed inspection by the Department. The facilities shall
provide for protection from the environment, predators, and undue disturbance
and shall include the following:
(1) Indoor
facilities (mews) shall be large enough to allow easy access for caring for the
raptors housed in the facility.
(i.) If more
than one (1) raptor is to be kept in a 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.
(ii.) There shall be at least one (1) window,
protected on the inside by vertical bars, spaced narrower than the width of the
bird's body, and a secure door that can be easily closed.
(iii.) The floor of the mews shall permit
easy cleaning and be well drained.
(iv.) Suitable perches, of sufficient
diameter and space for injury-free landings and take-offs, shall be
provided.
(2) An outdoor
facility, or (weathering area) shall be fenced and covered with netting or
wire, or roofed to protect the bird or birds from disturbance and attack by
predators, except that perches more than 6 1/2 feet high need not be covered or
roofed.
(i.) The enclosed areas shall be
large enough to insure the birds cannot strike the fence when flying from the
perch.
(ii.) Protection from
excessive sun, wind, and inclement weather shall be provided for each
bird.
(iii.) The enclosure must
contain suitable perches for the species housed there.
(3) Alternative housing is allowable so long
as it is more protective of animal health and welfare than those specified
above.
(b) Equipment.
Prior to acquiring a raptor, the permittee shall have suitable equipment that
has passed inspection by the Department. The permittee shall have the following
equipment in his or her possession:
(1)
Jesses. At least two (2) pairs of Aylmeri 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 free.
(2)
Leashes and swivels. At least two (2) leashes and two (2) strong swivels of
acceptable falconry design.
(3)
Bath container. At least one (1) suitable container for each raptor, two (2) to
six (6) inches deep and wider than the length of the raptor, for drinking and
bathing.
(4) Outdoor perches. At
least one (1) weathering area perch of an acceptable design for each
raptor.
(5) Weighing device. A
reliable scale or balance suitable for weighing the raptor(s) held, and
graduated to increments of not more than one (1) gram.
(c) Maintenance. All facilities and equipment
shall be kept at or above the preceding standards at all times.
(d) Food. Adequate food shall be provided at
appropriate intervals for each raptor according to its age and condition.
Adequate food shall mean sufficient quantity and nutritional value to maintain
a normal body weight and healthy physiological function. All foods shall be
served in a clean and sanitary manner.
(e) Medical care. The permittee shall provide
the Department with a written statement from a veterinarian stating his/her
qualifications and a willingness to work with raptors on an ongoing basis prior
to the permittee's possession of a raptor.
(f) Transportation and temporary holding. A
raptor may be transported or held in temporary facilities comparable to those
required for permanent housing (including but not limited to adequate perching,
bathing and protection from natural elements) for a period not to exceed thirty
(30) days.
(g) Inspection.
Permitees and applicants shall allow the Department to inspect their
facilities, equipment, and raptors for compliance with permit standards. An
inspection may be made at reasonable hours of the day with seventy two (72)
hours notice. The notice requirement is waived when there are grounds to
believe that the standards set forth in this rule are not being met.
Section 7 Capture of Wild Raptors
for Falconry
(a) Only passage (hatching year)
Red-tailed Hawks (Buteo jamaicensis) and Goshawks (Accipiter gentili) may be
captured for falconry. Nestlings (eyass) and adult birds may not be taken for
falconry.
(1) The raptors may be captured
from 1 September through 25 January, inclusive.
(2) The permittee may use traps, nets and
other legal methods of raptor capture that do not cause injury or lethal
stress. It is illegal to use steel-jawed traps, gins, pole traps or jump
traps.
(3) Each capture device
shall be identified legibly with an attached tag bearing the permittee's name
and address.
(4) Each deployed
capture device shall be inspected at least once each calendar day.
(5) Any raptor not retained for falconry
shall be immediately released.
(b) Landowner permission. Prior to attempting
to capture a raptor, a permittee shall obtain permission from the owner of
private property on which the activity will occur.
(c) Land closure. The Commissioner may close
any area of the state to the taking of raptors.
(d) Recapture of escaped raptors. A permittee
may recapture an escaped raptor that was legally acquired and held. The bird
may be recaptured by legal means at any time by a permitted falconer to be
returned to the falconer who last possessed the escaped bird.
Section 8 Species and Possession
Limits
(a) Permit class restrictions.
(1) An Apprentice permittee may not possess
more than one (1) raptor and may not obtain more than one (1) raptor for
replacement from all sources during any twelve (12) month period calculated
from the first day of possession of the first raptor. An apprentice may
temporarily possess the raptors of the apprentice's sponsor.
(2) A General permittee may not possess more
than two (2) raptors and may not obtain more than two (2) raptors for
replacement from all sources during any twelve (12) month period calculated
from the first day of possession of the first raptor.
(3) A Master permittee may not possess more
than three (3) raptors and may not obtain more than two (2) raptors taken from
the wild during any twelve (12) month period calculated from the first day of
possession of the first raptor. A Master permittee may obtain no more than
three (3) raptors from all sources during any twelve (12) month period
calculated from the first day of possession of the first raptor.
(b) Specifies restrictions.
(1) An apprentice permittee may only possess
Red-tailed Hawk taken from the wild as a passage bird. The Apprentice may
capture a Red-tailed Hawk only under the supervision of the sponsor.
(2) General or Master permittees may take and
possess raptors according to the following limitations:
(i) A Master permittee may only take passage
Red-tailed Hawks and Goshawks from the wild.
(ii) A General permittee may take only
passage Red-tailed Hawks from the wild.
(iii) A Master or General permittee may
petition the commissioner for authorization to capture a passage bird of
another species.
(iv) Provided that
possession is allowed in accordance with state and federal law, a General or
Master permittee may possess a captive-bred bird, born and raised beyond two
(2) weeks in captivity. The permittee shall keep complete and accurate records
of all transactions conducted under this clause, including the name, address,
and permit number of the transferee; the day, month, and year of the
transaction or disposition; the sale price or other consideration involved in
the transaction or disposition; and the species, sex, age, origin, and pedigree
(lineage) of the raptor or raptors involved.
(c) Raptors taken for other purposes. Raptors
of any age captured under depredation or special use permits, or seized under
Section
4(c)
may be acquired by a General or Master permittee. Such raptors are counted as
part of the permittee's possession limit.
(d) All raptors possessed under this rule
shall be banded with readily identifiable bands. Goshawks shall be banded with
non-reusable bands.
Section
9 Importation, Exportation, Seizure, Sale, Trade and Release of
Raptors
(a) Importation. Raptors brought into
Vermont may be imported only under the authority of an importation permit from
the Commissioner to a permitted falconer in accordance with
10
V.S.A. §
4709.
(1) Importation permits shall not be issued
for the possession of species that are specifically prohibited by these
regulations, by laws of the exporting state, the laws of the State of Vermont,
or by regulations of the federal government.
(2) A nonresident falconer may temporarily
bring raptor(s) he or she legally possesses into Vermont.
(b) Exportation. Raptors taken in Vermont
shall not be permanently transferred or exported to another state without
written authorization from the Commissioner.
(c) Seizure. The Commissioner may seize a
raptor if the person in possession of the raptor does not have a valid permit
as required by these rules.
(d)
Sale of raptors. Pursuant to
10
V.S.A. §
4902, a permittee may not sell,
purchase, barter, or offer to sell, purchase or barter any raptor taken from
the wild.
(e) Transfer. A permittee
may transfer a legally-held raptor to another permittee according to the
restrictions in Section 9, including the electronic filing of the federal form
3-186A.
(f) Release, Transfer or
Euthanization.
(1) A wild falconry raptor
captured in Vermont that can survive for an extended period in the wild may be
intentionally released in Vermont. Prior to release, any non-federal band shall
be removed and surrendered to the Department, and a standard federal bird band
shall be attached to the bird by the Department or a federally-permitted bird
bander.
(2) With the written
authorization of the Commissioner, a wild falconry raptor captured in Vermont
that is incapable of surviving for an extended period in the wild may:
(i) be transferred to an approved educational
facility, or to a breeding or rearing facility that holds a scientific
collection permit for the species.
(ii) be transferred to a licensed wildlife
rehabilitator.
(iii) upon a
veterinarian's recommendation a raptor may be euthanized in a manner that
minimizes pain and stress, and the carcass disposed of either by donation to a
public scientific or educational organization permitted to receive wild
animals, or by burial or incineration. Notice of euthanization of any raptor
possessed under this rule shall be provided the Commissioner within ninety six
(96) hours.
(3)
Captive-bred birds shall not be released into the wild.
Section 10 Reporting Requirements
(a) Upon the loss or addition of any raptor
held under a falconry permit, the falconer shall report such a loss or addition
by filing form 3-186A within five (5) days of any such transaction. Such losses
or additions shall include any takings, purchases, deaths, transfers, and
dispositions of raptors held under a permit.
(b) A raptor possessed under authority of a
falconry permit may be temporarily held by a person other than the permittee if
that person is otherwise authorized to possess raptors, and if the raptor is
accompanied at all times by a copy of the properly completed form 3-186A
(Migratory Bird Acquisition/Disposition Report) designating the permittee as
the possessor of record, and by a signed, dated statement from the permittee
authorizing the temporary possession.
Section 11 Hunting with Raptors
(a) Any resident hunting with a raptor in
Vermont must possess a valid falconry permit and a valid Vermont hunting or
combination fishing and hunting license.
(b) Any nonresident hunting with a raptor in
Vermont must possess a valid falconry permit from his or her state of residence
and a valid Vermont non-resident hunting or combination fishing and hunting
license.
(c) A falconry permittee
must possess both valid Vermont and federal Migratory Waterfowl Hunting stamps
before hunting migratory waterfowl.
(d) A falconry permittee hunting ducks,
coots, geese, brant, swans, doves, woodcock, rails, snipe, sandhill cranes, or
gallinules must be registered with the Harvest Information Program
(HIP).
(e) A falconer whose raptor
kills wildlife that is out of season or the taking of which is otherwise
prohibited shall leave the dead wildlife where it lies, except that the raptor
may feed upon the wildlife prior to leaving the site of the kill. The permittee
shall report the kill to a Vermont state game-warden within twenty four (24)
hours. (1995, Fish and Wildlife Commissioner's Reg. No. 1006, eff. Aug. 27,
1994; 2013, Fish and Wildlife Board Reg. eff. January 1, 2014.)