Current through September 21, 2024
No person may possess a raptor without first providing
adequate facilities and equipment to humanely house and care for the raptor
under the following provisions:
(a)
All raptors held under a falconry permit shall be kept in humane and healthy
conditions.
(i) Raptor facilities shall
protect raptors from the environment, excessive disturbance, predators,
domestic animals and other raptors. The permittee is responsible for the
maintenance and security of raptors in his possession.
(A) Raptors may be housed together untethered
if they are compatible with each other.
(ii) Raptor facilities shall be inspected and
approved by the Department before a permittee may obtain a raptor to use in
falconry. The Department shall certify that a permittee's facilities and
equipment meet the following standards:
(A)
The facility shall have a suitable perch for each raptor, at least one opening
for sunlight, and shall provide a healthy environment for raptors
inside.
(B) Each raptor shall 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.
(C) Each raptor shall have access to a pan of
clean water available unless weather conditions, the perch type or some other
factor makes it unsafe for the raptor.
(D) The facility shall be large enough to
allow easy access for the care and feeding of raptors.
(E) If raptors are not tethered, all walls
that are not solid must be covered in such a manner as to protect the bird from
striking or injuring itself against them. Suitable materials may include
vertical bars spaced narrower than the width of the body of the smallest raptor
housed in the enclosure or heavy-duty netting.
(F) Other innovative housing systems may be
acceptable if they provide the enclosed raptors with protection and maintain
healthy feathers.
(iii)
A permittee may keep raptors outside in the open if they are under constant
watch by a designated individual.
(iv) A permittee shall inform the Department
within five (5) business days after a permanent change in location of their
facilities.
(b) A
permittee's falconry facilities may be located on property owned by another
individual.
(i) A permittee shall submit to
the Department a signed and dated statement showing that the property owner
agrees that the falconry facilities, equipment, and raptors may be inspected
without advance notice by Department personnel during reasonable hours on any
day of the week. Permittees shall be present during inspections.
(c) A permittee shall have jesses
or the materials and equipment to make them, leash and swivel, bath container,
and appropriate scales or balances for weighing raptor(s) possessed.
(d) When transporting the raptor or using it
for hunting, the permittee shall ensure that the raptor has a suitable perch
and is protected from the environment and excessive disturbance.
(e) Permittees may house raptors, when not
transporting or hunting, in temporary facilities for no more than one-hundred
twenty (120) consecutive calendar days provided the raptor has a suitable perch
and is protected from the environment, excessive disturbance, predators,
domestic animals, and each other. Temporary facilities utilized in excess of
one-hundred twenty (120) days shall be deemed permanent facilities and shall
meet the requirements set forth in Section 6(a).
(f) Another falconry permittee may care for a
raptor(s) at the original permittee's facilities or at their own facilities for
no more than one-hundred (120) consecutive calendar days. The permittee
providing such care must have a signed and dated statement authorizing the
temporary possession, plus a copy of Service Form 3-186A that shows the
original permittee is the owner of the raptor(s). The statement must include
information about the time period for which he will keep the raptor(s) and what
he is allowed to do with the raptor(s).
(i)
The raptor(s) will remain on the original permittee's falconry permit and will
not be counted against the possession limit of the person caring for the
raptor(s).
(ii) If the person
caring for the raptor(s) holds the appropriate class falconry permit, he may
fly the raptor(s) in whatever way authorized by the owner.
(iii) Temporary care of another permittee's
raptor(s) may be extended indefinitely in extenuating circumstances such as
illness, military service, or for a family emergency. The Department shall
consider such instances on a case-by-case basis.
(g) A person who does not have a falconry
permit may care for falconry raptor(s) at the permittee's facilities for no
more than forty-five (45) consecutive calendar days.
(i) The raptor(s) shall remain on the
permittee's falconry permit.
(ii)
The raptor(s) shall remain in the permittee's facilities.
(iii) Temporary care of raptors may be
extended indefinitely in extenuating circumstances, such as illness, military
service, or for a family emergency. The Department shall consider such
instances on a case-by-case basis.
(iv) The person(s) caring for the raptor(s)
shall not fly them for any reason.
(h) Permittees may keep raptor(s) inside
their residence. Facilities shall meet the standards in Section 6(a) except
that permittees are not required to modify windows or other openings of the
structure. Raptors kept in the home shall be tethered when they are not being
moved into or out of the residence.
(i) Raptor(s), facilities, equipment and
records may be inspected in the presence of the permittee during reasonable
hours on any day of the week by Department Law Enforcement personnel.
