250-RICR-60-00-7
250-RICR-60-00-7. RI Falconry Regulations for the Season (version Amendment, 07/31/2017 to 07/31/2017)
250-RICR-60-00-7
TITLE 250 – DEPARTMENT OF ENVIRONMENTAL MANAGEMENT
CHAPTER 60 – FISH AND WILDLIFE
SUBCHAPTER - N/A
PART 7 – RI Falconry Regulations for the Season
7.1
Purpose
The purpose of these Rules and Regulations is to establish regulations for the
practice of falconry in the State of Rhode Island.
7.2
Authority
These Rules and Regulations are promulgated pursuant to Chapters 42-17.1,
“DEM”, 42-17.6, 42-35, Administrative Procedures Act, and §§ 20-1-4; 20-1-12;
and 20-1-13; of the R.I. Gen. Laws of 1956, as amended.
7.3
Background
A.
Raptors are highly regulated species under various International, National, and
State Agreements, Laws, and Regulations. In the United States, the U.S. Fish
and Wildlife Service (the “Service”) has been delegated authority for the
protection of raptors.
B.
As raptors are used for the sport of “Falconry” the Service has exercised its
obligation under the law, through strict regulations. A dual State/Federal
permitting system has been in place since implementation of Federal regulations
governing falconry in 1995.
C.
Beginning January 1, 2014, the Service discontinued issuing permits for
individuals to possess raptors in order to engage in “Falconry” but has continued
to enforce its oversight and enforcement responsibilities through individual State
falconry programs, provided the State programs have met Federal approval.
D.
Consistent with the requirements of the Migratory Bird Treaty Act of 1918 16
U.S.C. §§ 703-712, as amended, these Rules and Regulations have been
reviewed and determined to meet or exceed the standards imposed by
corresponding federal regulations.
7.4
Application
The terms and provisions of these Rules and Regulations shall be liberally
construed to permit the Department to effectuate the purposes of state law,
goals, and policies.
7.5
Severability
If any provisions of these Rules and Regulations, or application thereof to any
person or circumstances, are held invalid by a court of competent jurisdiction, the
validity of the remainder of the Rules and Regulations shall not be affected
thereby.
7.6
Superseded Rules and Regulations
On the effective date of these Rules and Regulations, all previous Rules and
Regulations, and any policies regarding the administration and enforcement of
R.I. Gen. Laws §§ 20-1-4, 20-1-12, 20-1-13, and in accordance with Chapter 42-
35, the Administrative Procedures Act shall be superseded. However, any
enforcement action taken by, or application submitted to, the Department prior to
the effective date of these Rules and Regulations shall be governed by the Rules
and Regulations in effect at the time the enforcement action was taken, or
application filed.
7.7
Definitions
1.
“Anklet(s)” means the leather strap which goes around the bird’s leg. The
jesses are attached to this. Sometimes also called a bracelet.
2.
“Bal-chatri trap” means a hemispherical cage on which many nooses are
tied and which is baited with a bird or mammal and placed in view of a wild
raptor.
3.
“Bow net trap” means a circular hoop hinged in the middle and covered
with netting which is usually attached to the ground so one side can swing
freely.
4.
“Captive bred” means raptors (including eggs) raised in captivity and
which are imprinted to humans.
5.
“Department” means the Department of Environmental Management.
6.
“Director” means the Director of the Rhode Island Department of
Environmental Management, or his/her duly authorized agent or agents.
7.
“Dho-gazza trap” means a square or rectangular net of various
dimensions suspended vertically next to a bait.
8.
“Eyass” means a young raptor not yet capable of flight.
9.
“Falconer” means a person who engages in the sport of falconry.
10.
“Falconry” means the sport of taking, or attempting to take wild quarry in
its natural state and habitat by means of a trained raptor and includes all
associated acts including, but not limited to the act(s) of capturing,
transporting, training, housing, caring for and maintaining (a) raptor(s) held
for falconry. It shall also include the secondary practice of using a raptor
for conducting conservation and education programs for the general
public.
11.
“Falconry license” means issued by the Director in recognition of an
individual’s attainment of a “Class” of falconer, and therefore the privilege
to take, possess, train, care for, maintain, and/or transport certain eagles,
hawks, owls, and/or falcons, and hybrids thereof, for falconry purposes.
12.
“Falconry special purpose permit” means issued by the Director to allow a
licensed falconer to take certain hawks, owls, and/or falcons from the wild.
13.
“Hacking” means the temporary release of a raptor held for falconry to the
wild so that it must survive on its own.
14.
“Harness trap” means a light leather or cloth saddle covered with nooses
which is placed on tethered bait.
15.
“Hood” means the leather head covering used on hawks and falcons.
16.
“Hybrid” means any bird that results from a cross of genetic material
between two separate taxa when one or both are included in the list of
migratory birds in the Migratory Bird Treaty Act of 1918 16 U.S.C. §§ 703-
712, as amended, and any progeny of those birds.
17.
“Imping” means the process of grafting new feathers onto the wing or tail
of a bird to repair damage or to increase flying capacity.
18.
“Import” means to bring a raptor into the State and house for more than 30
days per calendar year (need not be consecutive).
19.
“Imprint” means a bird that is hand-raised in isolation from the sight of
other raptors from 2 weeks of age until it has fledged. An imprinted bird is
considered to be so for its entire lifetime.
20.
“Indigenous” means those species occurring naturally, either presently or
historically within the boundaries of the State of Rhode Island.
21.
“Jesses” means leather strips which go through the anklets so the falconer
can hold the bird or attach the leash.
22.
“Leash” means attaches the bird to the perch or falconer's glove.
23.
“Lure” means a fake quarry used to train a bird.
24.
“Mews and weathering facilities” means for housing raptors. Mews are
indoor facilities; a weathering facility would be outdoors.
25.
“Pigeon harness” means a rig which fits snugly around a live bird allowing
for complete freedom of movement including flight or total immobilization.
26.
“Possess/possession” means the exercise of dominion or control over a
raptor starting when the decision is made not to immediately return the
raptor to the immediate vicinity from which it was taken, and lasting up
until the raptor’s ultimate disposition. The short-term handling, such as
letting another hold or practice flying a raptor possessed by a licensed
falconer is not considered “possession” if the falconer is present and the
person is under the falconer’s supervision.
27.
“Raptor” means a live migratory bird of the order Falconiformes,
Strigiformes, Accipitriformes, or listed in in the Migratory Bird Treaty Act of
1918 16 U.S.C. §§ 703-712, as amended. This includes the Bald Eagle
(Haliaeetus leucocephalus), the Golden eagle (Aquila chrysaetos), and the
Osprey (Pandion haliaetus).
28.
“Swedish goshawk trap” means a humane, predator-safe, stationary box
trap.
29.
“Take” means to trap or capture, or attempt to trap or capture.
30.
“Wild” means any raptor taken from the wild at any stage of its life. Once a
raptor is taken from the wild it shall always be considered “wild” and
treated accordingly.
7.8
Violations
A.
Any violation pursuant to the provisions of Title 20 of the R.I. Gen. Laws or the
Rules and Regulations herein may be cause for imposing penalties in
accordance with the provisions of the above-mentioned statute, as well as
revocation of an existing falconry license and/or permit. In addition, upon a
determination that the licensee/permittee is or has been in violation of the
requirements of the subject license/permit or that the applicant has submitted
inaccurate information with respect to the application for such license/permit, the
Director may deny, revoke, or suspend (an) existing license/permit(s) issued
pursuant to these regulations.
B.
Any wild, captive-bred, or hybrid raptor possessed in violation of the provisions of
these or other state or federal regulations shall be considered contraband and
shall be seized by the Department or federal law enforcement personnel. Any
such animal that poses a threat to public safety may be confiscated by the
Department or federal law enforcement agency. If any raptor that is confiscated
cannot be safely confined, or if it is severely ill, debilitated or injured, it may be
transferred to an authorized individual, or otherwise disposed of in accordance
with in the Migratory Bird Treaty Act of 1918 16 U.S.C. §§ 703-712, as amended.
The carcass or any part thereof may be held as evidence or discarded at the sole
discretion of the Department. The Department shall hold the raptor or carcass
until criminal and/or administrative proceedings have been completed. The
person possessing any such confiscated raptor shall pay the costs of board,
feed, veterinary care, and transport for any such confiscated raptor until such
time as the criminal or administrative proceedings have been completed.
C.
If the raptor is judged to be possessed in violation of any provisions of these
regulations, the Department shall make reasonable attempt to find suitable
placement of the raptor that meets the requirements of these regulations. If
suitable placement is not found, the raptor may then be euthanized, or if suitable,
released to the wild.
D.
In cases in which one or more licenses or permits are suspended or revoked, the
Director may impose a period of probation and/or reinstate the licenses or
permits with conditions.
7.9
Appeal and Hearing Procedures
7.9.1 Opportunity for Hearing
A.
Denials -- Any person whose application for a falconry license/permit, or
license/permit renewal, or other approval has been denied, revoked, or
suspended by the Department, may appeal to the Office of Administrative
Adjudication for review of the decision on which the denial, revocation, or
suspension, is based.
B.
Violations -- Any person who has been issued a notice of violation of any of the
provisions of these rules, may request a hearing from the Office of Administrative
Adjudication, subject to the provisions of R.I. Gen. Laws 42-17.1-2(u).
C.
Hearings and Administrative Procedure -- Pursuant to the authority granted to the
Department in R.I. Gen. Laws § 42-17.7-9.
1.
Any person who seeks an adjudicatory hearing in order to contest and
enforcement action which alleges violation(s) of these Rules and
Regulations must file said request in writing with the clerk of the Office of
Administrative Adjudication, One Capitol Hill, Fourth Floor, Providence,
Rhode Island, 02908 within twenty (20) days of receipt of the contested
agency enforcement action.
2.
Any person who seeks an adjudicatory hearing relative to the denial,
revocation, or suspension of (a) license/permit(s) arising under these
Rules and Regulations must file said request in writing with the clerk of the
Office of Administrative Adjudication Division One Capitol Hill, Fourth
Floor, Providence, Rhode Island, 02908 within thirty (30) calendar days of
receipt of the contested agency action.
7.10 Conformance with Federal Rules and Regulations
Consistent with the requirements of the Migratory Bird Treaty Act of 1918 16
U.S.C §§ 703-712, as amended, these Rules and Regulations have been
reviewed and determined to comply with governing federal regulations.
7.11 Regulations
A.
Any person who wishes to engage in falconry in Rhode Island shall possess a
valid Falconer’s license (or equivalent) and/or permit issued by the Director of the
Department of Environmental Management or his or her designee, the duly
authorized agent of another State with a Federally recognized falconry program,
or the Federal Government.
B.
All Falconers must also comply with in the Migratory Bird Treaty Act of 1918 16
U.S.C. §§ 703-712, as amended.
C.
Additional State/Federal regulations, separate and apart from these, may apply
for other purposes involving raptors including, but not limited to, importation,
propagation, commercial abatement, environmental education, and for
State/Federally permitted/certified Rehabilitators, Zoos, and Research Facilities.
D.
The general public rarely has the opportunity to see raptors in close proximity, if
at all. Falconers can serve a role in educating the public about raptor biology,
ecological roles, and conservation needs of raptors as well as other migratory
birds. Therefore, the conservation education use of raptors primarily kept for
falconry purposes is warranted.
E.
A falconer who possesses raptors before the enactment of these regulations in
excess of the number allowed under his or her license class/permit shall be
allowed to retain the extra raptors. All such birds shall be identified with markers
issued by the U.S. Fish and Wildlife Service through the Department and no
replacement can occur, nor may an additional raptor be obtained, until the
number in possession is at least one less than the total number authorized by the
class of permit held by the licensee.
7.11.1 General
A.
With a valid Falconry License the licensee may "take" (with a Special Purpose
permit), “possess” and transport raptors for purposes which he or she is licensed
and permitted, such as for hunting or training, when obtaining veterinary care for
the raptor, when transferring the raptor to another qualifying recipient, when
transporting the raptor(s) to or from field meets, to or from environmental
education programs, or transporting them to the mews or weathering facility after
being taken from the wild.
B.
In addition to a valid Falconry License, a Department issued “Special Purpose-
Permit to Capture” is required before a licensed Falconer, resident or non-
resident, attempts to “take” a falcon in Rhode Island.
C.
When flying the raptor a field during an established hunting season, a valid
Rhode Island hunting license (resident or non-resident as appropriate) and any
season/quarry specific tag(s)/permit(s) is required.
D.
Falconers must have in their possession all required licenses and permits or
copies thereof when engaged in falconry activities.
E.
A person who holds a valid falconer’s license/permit may fly his or her raptor(s)
over private lands in Rhode Island outside established hunting seasons without
need for additional permits, if the flight is for training, or is part of an established
field meet or a conservation education program.
F.
Imported raptors are subject to the Department’s Rules and Regulations
Governing the Importation and Possession of Wild Animals (250-RICR-40-05-3).
G.
Licenses/permits issued by other States, Tribes, or Territories to non-resident
falconers who become residents of the State of Rhode Island, will only be valid in
Rhode Island for a period of 60 days following the date the license/permittee
becomes domiciled here.
H.
A new resident of Rhode Island may immediately apply for a Rhode Island
Falconer’s license for the class of license he or she previously held, but before
the license will be issued the applicant must first demonstrate that he or she is in
compliance with the Rules and Regulations applicable to RI resident Falconers.
I.
Costs for the care, treatment and rehabilitation of a wild raptor injured during an
attempted “take” by a falconer, or due to the seizure of the raptor by the Director,
shall be the responsibility of the falconer.
J.
All documentation required shall be submitted on forms, and in a manner and
format specified by the Director.
K.
All Apprentice Falconers must complete the Apprenticeship Training Program
before applying for a General Falconer’s class of license.
7.11.2 Apprenticeship Training Program
A.
The goal of this program shall be:
1.
For the Apprentice-to learn about the husbandry, care, and training of
raptors possessed for falconry through hands-on experience.
2
For the Apprentice to learn about relevant wildlife laws and regulations,
and;
3
To prepare the Apprentice for the ethical and responsible use of a wild
species for a human use.
B.
Requirements:
1.
The apprentice shall be a Rhode Island resident.
2.
The apprenticeship program shall require the apprentice to safely capture,
house, maintain, train, and actively pursue and capture quarry with his or
her raptor.
3.
An Apprentice shall be required to maintain a detailed log book and
record:
a.
the amount of food consumed by his or her raptor,
b.
the weight of his or her raptor, each time it is taken,
c.
general information related to the raptor’s health and wellbeing.
4.
An Apprentice must be able to make a lure, jesses, a leash, anklet, and a
pigeon harness.
5.
Before applying to upgrade to a General Falconer Class of license, the
Apprentice falconer must hunt with his or her raptor no less than 10 times
a season, and for a minimum of two seasons; longer if, in the opinion of
the sponsor, the Apprentice needs additional experience.
6.
The raptor flown by the Apprentice must take quarry. Quarry taken shall
be reported on the Rhode Island Falconer’s Annual Activity Report.
C.
An Apprentice whose sponsor terminates his sponsorship role, will be required to
find a new sponsor within 60 days, or transfer his or her raptor as directed by the
Director.
D.
At any time an Apprentice may submit a written request to the Director for a
change of sponsor. The request shall describe the reasons or circumstances for
the request and the name and address of the new sponsor. Upon authorization
from the Director, the Apprentice may continue falconry activities with the new
sponsor.
E.
An Apprentice applicant must read and agree to the provisions outlined in the
Migratory Bird Treaty Act of 1918 16 U.S.C. §§ 703-712, as amended.
7.11.3 Apprentice Sponsorship Requirements
A.
Any person who would like to sponsor an Apprentice class falconer shall certify
to the Director in writing that:
1.
He or she possesses a valid falconry license as a Master class falconer,
or if a General class falconer, that he or she has held for a minimum of
three years.
2.
He or she has not been convicted of violating any Federal or State Fish or
Game laws, within the preceding 5 years.
B.
The sponsor shall:
1.
Act as a source of information and advice to the apprentice.
2.
Annually, provide a minimum of 20 hours of direct supervision, including at
least 5 hunts.
3.
Oversee the care, maintenance, and training of the Apprentice’s raptor.
4.
Reside within 100 miles of the Apprentice.
C.
The sponsor must notify the Director in writing within 10 days of termination of
the sponsorship, with an explanation of the reasons why.
7.11.4 Housing and Equipment Standards
A.
All applicants for a Rhode Island Falconer’s license must first possess the
following before a License/permit will be issued:
B.
Housing - The primary consideration for raptor housing facilities is protection
from the environment, predators, domestic animals, and undue disturbance. The
University of Minnesota Raptor Center’s “Raptors in Captivity: Guidelines for
Care and Management” (2007) is an excellent source of information for the
standard of care expected of Rhode Island Falconers.
1.
For housing raptors indoors or outdoors the facility must have a suitable
perch for each raptor, at least one opening for sunlight, and must provide
a healthy environment for the raptors inside.
2.
You may house un-tethered raptors together if they are compatible with
each other.
3.
Each raptor must have an area large enough to allow it to fly if it is un-
tethered or, if tethered, to fully extend its wings or bate (attempt to fly while
tethered) without damaging its feathers or contacting other raptors.
4.
Each raptor must have a pan of clean water available.
5.
Winter-indoor facilities (mews other seasons optional) shall be large
enough to allow easy access for caring for the raptor housed in the facility.
If more than one raptor is to be kept in the mews, the raptors shall be
tethered or separated by partitions. There shall be at least one window,
protected on the inside by vertical bars, spaced narrower than the width of
the head of the smallest bird to be housed, and a secure escape proof
door that can be easily closed. The floor of the mews shall permit easy
cleaning and shall be well drained. Perch/perches shall be provided.
6.
Spring-summer-fall outdoor facilities (weathering area) must be totally
enclosed and may be made of heavy-gauge wire, slats, pipe, wood, or
other suitable material. The facility must be covered with netting or wire, or
roofed to protect the birds from disturbance and attack by predators. The
enclosed area shall be large enough to insure the birds cannot strike the
fence when flying from the perch. Protection from excessive sun, wind,
and inclement weather shall be provided for each bird.
7.
Hybrid mews/weathering facilities that substantially address the intent of
the standard of care described above may be acceptable.
8.
Significant changes to previously inspected facilities must be reported to
the Director when they are completed.
9.
You may keep falconry raptors outdoors in the open if they are under
watch, such as by you or a family member at any location or, for example,
by a designated individual in a weathering yard at falconry meet.
10.
Facilities shall be kept at or above the preceding standards at all times.
C.
Equipment:
1.
Jesses - At least one pair of Alymeri jesses or similar type constructed of
pliable, high-quality leather or suitable synthetic material to be used when
any raptor is flown free. (Traditional 1-piece jesses may be used on
raptors when not being flown. Slit less hunting jesses, or no jesses, are
recommended for use on all raptors being flown free.)
2.
A supply of leather and grommets along with grommet setters, a leather
punch and cutting tools.
3.
Bells appropriate for the raptor.
4.
Leashes and swivels – At least 1 flexible, weather-resistant leash and
strong swivel of acceptable falconry design.
5.
Bath container – At least 1 suitable container; 2 to 6 inches deep and
wider than the length of the raptor for drinking and bathing for each raptor.
6.
Outdoor perches – At least one weathering area perch of an acceptable
design shall be provided for each raptor.
7.
Weighing device – A reliable scale or balance suitable for weighing the
raptor(s) held, and graduated to increments of not more than 1/2 ounce
(14 grams) and containing either a solid perch or artificial turf covering.
8.
Leather glove or gauntlet – at least one of suitable size.
9.
Hood – suitable for the species to be possessed.
10.
Lure
D.
Enclosure for Transportation – At all times a raptor shall be transported in a
manner which protects it. Other than when transporting a raptor directly from
when it was taken to the falconer's mews, an enclosure that provides protection
from extreme temperatures and excessive disturbance, and is equipped with one
perch is required. The enclosure shall be at least 3” taller than the height of the
raptor while perched, shall allow for easy entry and removal to minimize stress,
and shall have adequate ventilation.
7.11.5 Conservation Education
A.
As a guide falconer’s shall use The Raptor Center’s “Care and Management of
Captive Raptors”, and as a companion document “Introduction to Wildlife
Education Programming” when using any raptor for education programs.
B.
Raptors used for educational purposes must be kept primarily for hunting; they
may not be held under a falconry permit if they are to be used primarily for
conservation education purposes.
C.
An Apprentice falconer may present conservation education programs and use a
raptor he or she possesses if he or she is under the direct supervision of a
General or Master Falconer when presenting the program.
D.
At no time shall raptors used in such programs come into physical contact with
members of the audience or the general public.
E.
The programs must be open to the public.
F.
A falconer may not charge a fee greater than the reasonable costs incurred to
present the program.
7.11.6 Propagation / Sales
A.
A General class falconer with three years' experience or a Master class falconer
may use suitable raptors he or she possesses in an approved raptor propagation
program. The raptors do not need to be transferred from the falconer's falconry
permit if they are used in propagation for less than 6 months per year.
B.
The Falconer must also possess a Federal Raptor Propagation Permit.
C.
Falconers who breed raptors must comply with Chapter 20-17 of the R.I. Gen.
Laws, and with in the Migratory Bird Treaty Act of 1918 16 U.S.C. §§ 703-712, as
amended.
D.
A falconer may transfer a raptor taken from the wild under a falconry permit to a
propagation program only after the raptor has been used in falconry for at least
two years.
E.
Live offspring of captive-bred raptors shall be allowed to be sold for retail in
accordance with R.I. Gen. Laws § Chapter 20-17.
F.
Accurate records of breeding and sales records shall be maintained and reported
to the Director, and to the USFWS annually at the same time that other Falconry
reports are due.
G.
You may not purchase, sell, trade, or barter wild raptors; they may only be
transferred to an authorized person.
7.11.7 Rehabilitation
A.
A General class falconer with three years' experience or a Master class falconer
may assist Federal - and State-permitted migratory bird rehabilitators in
conditioning of raptors for permanent release to the wild. A falconer may work
with a rehabilitator without being a sub-permittee of the rehabilitator.
B.
Raptors held under this section do not count towards the falconer’s possession
limit. Under this section a falconer is still limited to the species of raptors he or
she is allowed to possess under his or her license class.
C.
Raptors kept under this section may be held up to 180 days after which they
must be released to the wild. A raptor not capable of surviving in the wild may be
transferred to a person authorized and able to possess it, or it may be turned
over to the Director.
D.
A falconer who assists a permitted Rehabilitator in rehabilitating raptors shall
annually report to the Director a description of the treatment, care, and
disposition of all birds maintained during the reporting period.
7.11.8 Marking / Banding
A.
Hybrid raptors shall be marked/banded/radio tagged in accordance with the
appropriate provisions of in the Migratory Bird Treaty Act of 1918 16 U.S.C. §§
703-712, as amended.
B.
A captive-bred raptor must be marked with a seamless band in accordance with
the Migratory Bird Treaty Act of 1918 16 U.S.C. §§ 703-712, as amended unless
it is exempted by the Fish and Wildlife Service.
C.
A Falconer who takes a Goshawk, Gyrfalcon, or Harris’ hawk from the wild must
band it with a Federal black cable tie band obtained from the State.
7.11.9 Release of Birds to the Wild
A.
If a falcon to be released has been previously banded or marked with a non-
Federal band, any marker attached shall be removed and surrendered to the
Department and if banding is required by Federal law, a standard Federal bird
band shall be attached to the falcon by a State or Service authorized bird bander.
All other bands (including Federal cable tie raptor bands) and equipment must be
removed except that a seamless leg band affixed to a captive bred raptor must
not be removed.
B.
Only native species of wild raptors may be released to the wild, and only after
being appropriately hacked.
C.
Raptors may only be released to the wild at an appropriate location and at an
appropriate time of year.
D.
The permanent release of hybrid or captive-bred raptors to the wild is prohibited.
7.11.10 Inspections
A.
All applicants for a license/permit must allow an on-site inspection by State
and/or Federal Wildlife personnel of the facilities and equipment where the
raptor(s) will be housed. The on-site inspection requirements may be waived for
an applicant whose raptor(s) is/are not housed in Rhode Island but the applicant
must provide a valid license/permit allowing the raptor(s) to be housed in the
other State, or a signed affidavit from the applicant stating that no such
requirement exists.
B.
Any person holding a falconry license/permit shall allow Department employees
to enter his or her premises with prior notice at any reasonable hour, and in the
presence of the licensee/permittee, to inspect mews or other raptor housing
facilities and raptors possessed by the licensee/permittee, or to inspect, audit, or
copy any license/permit, book, or record(s) required to be kept by these or
Federal regulations pertaining to falconry.
C.
This rule shall not preclude inspection of facilities without notice for suspected
violations.
D.
Re-inspection of facilities may be required of facilities of a falconer whose license
has lapsed for more than two years.
E.
The Facilities Inspection fee only applies to the initial inspection, re-inspections,
or after significant upgrades to the facilities are made. It does not apply to routine
inspections carried out by the Director or the Director’s designee.
7.11.11 Reporting Requirements
A.
Licensed falconers shall maintain complete and accurate records by species, sex
and age of all raptors taken, acquired, possessed, transferred, lost, or otherwise
disposed of in accordance with these regulations.
B.
Unless otherwise specified all required reports shall be submitted through the
USFWS electronic reporting system at http://permits.fws.gov/186A (Migratory
Bird Acquisition/Disposition Report) with a copy sent to the Director, Rhode
Island Department of Environmental Management.
C.
Within 10 calendar days of capturing or obtaining a raptor for falconry, a licensed
falconer must report the acquisition of the bird and the band number by entering
the required information in the electronic reporting system.
D.
A licensee must report the sale, barter, transfer, or other disposition of any raptor
they possessed within five calendar days of any such activity.
E.
Any falconer who loses a raptor through death, destruction, or escape must
report these activities within five calendar days of any such activity.
F.
All Rhode Island Licensed Falconers shall submit on or before March 31st of
each year, a Rhode Island Annual Falconry Activity report to the Department of
Environmental Management’s Division of Fish and Wildlife containing the
following information:
1.
A list of all raptors that are in his/or her possession as of December 31st,
by species, marker numbers, sex (if known), age (if known), and date and
where or from whom acquired, or transferred, sold, or given to, and
whether escaped, died, or had been released; and when the escape,
death, or release occurred.
2.
A list of all raptors possessed since the previous annual report, but no
longer possessed, by species, marker number, sex (if known), age (if
known), and date and where or from whom acquired or transferred, sold,
or given to, whether escaped, died, or released, and when the event
occurred.
G.
All reports and forms must be retained by the falconer and be readily available
for inspection, for a period of five years after the licensee’s permit expires.
7.11.12 Falconer License Classes
There shall be three classes of falconer recognized and licensed in Rhode
Island: Apprentice, General, and Master.
1.
Apprentice Class Licensee:
a.
Shall be 15 years of age or older. Minors require written consent
(as evidenced by the co-signature on the application) of a parent or
guardian.
b.
Shall be required to complete an apprenticeship program
supervised by a licensed General or Master Class falconer before
applying to become a General Falconer.
c.
A minor must provide his or her sponsor a release from liability
signed by the minor’s parent or legal guardian.
d.
May only possess those raptor species and numbers as are
allowed in 7.11.14 of this Part.
e.
May not fly or hunt his or her raptor alone until authorized to do so
in writing by the sponsor.
f.
May not apply for an Upgrade to a General Falconer class of
license for a minimum of two (2) years since obtaining his or her
Apprentice license.
2.
General Class License:
a.
Shall be 18 years of age or older; and shall have at least two years'
experience in the practice of falconry at the apprentice level or its
equivalent.
b.
May only possess those raptor species and numbers as are
allowed in either Table S or Table T below.
c.
May sponsor no more than two Apprentices no sooner than after
three (3) years' experience as a General class falconer.
d.
May not apply for an upgrade to a Master Falconer class of license
for a minimum of five (5) years since obtaining his or her General
license.
3.
Master Class License:
a.
Shall be 23 years of age or older and have at least five (5) years'
experience in the practice of falconry at the General class level, or
its equivalent.
b.
May only possess those raptor species and numbers as are
allowed in either Table S or Table T below.
c.
May possess an unlimited number of captive bred raptors.
However, the falconer must train and use them to hunt wild game.
d.
May substitute Hybrid raptors for wild raptors.
e.
May sponsor no more than three licensed apprentices.
f.
May accept the temporary transfer of a wild or hybrid raptor even if
such transfer raises the number of raptors possessed to more than
five (excluding captive bred raptors).
7.11.13 Special Purpose Permits Required
A.
A State of Rhode Island “Special Purpose” permit is required for the following
acts associated with the use of raptors:
“Permit to Capture” permit is required prior to the “take” of a raptor from the wild,
except in the case of recovering a lost falconry raptor.
B.
A USFWS Raptor Propagation Permit is required for a Falconer to engage in
raptor propagation. Falconers that breed raptors, must also comply with Chapter
20-17 of the R.I. Gen. Laws, in the Migratory Bird Treaty Act of 1918 16 U.S.C.
§§ 703-712, as amended, and must submit copies of annual reports of activities
to the Department of Environmental Management's Division of Fish and Wildlife
at the same time that Federal reports are required.
7.11.14 Allowable Take and Possession as of 1/1/2014*
A.
Apprentice
1.
Possession Limit: 1
2.
Species: Red tailed Hawk (Buteo jamaicensis)
3.
Source: Wild caught †
4.
Take from the wild: Up to two (2) annually (one being a replacement)
B.
General
1.
Possession Limit: 3
2.
Species: Strigiformes, Accipitriformes, and Falconiformes, except bald,
white-tailed, and golden eagles; Steller’s sea-eagle; American swallow-
tailed kite; Swainson’s and ferruginous hawks; prairie and peregrine
falcons; northern harrier; and flammulated, burrowing, or short-eared
owls.†
3.
Source: Wild, Hybrid, or Captive-bred.
4.
Take from the wild: Up to two (2) annually. †
C.
Master
1.
Possession Limit: 5 wild raptors, 3 of which may be Golden Eagles.
Hybrids may be substituted for wild raptors. Unlimited captive-bred
raptors (excluding eagles) if used for falconry.
2.
Species: Strigiformes, Accipitriformes, and Falconiformes, except Bald
eagles. Golden eagles, white-tailed eagles, or Steller’s sea-eagles may be
possessed if you meet the requirements of in the Migratory Bird Treaty Act
of 1918 16 U.S.C. §§ 703-712, as amended.†
3.
Source: Wild, Hybrid, or Captive-bred.
4.
Take from the wild: Up to two (2) annually. †
*These take and possession limits are not in addition to those numbers allowed in the
previous table.
†Taking restrictions apply.
7.11.15 Take or Possession Restrictions
A.
No raptor may be acquired in any manner unless the person acquiring the raptor
is properly licensed/permitted in accordance with state and federal laws and
regulations.
B.
No licensee/permittee may take any species listed as endangered in the
Migratory Bird Treaty Act of 1918 16 U.S.C. §§ 703-712, as amended, but may
transport or possess such species in accordance with the provisions of the
Migratory Bird Treaty Act of 1918 16 U.S.C. §§ 703-712, as amended.
C.
No licensee/permittee may take from Rhode Island, any raptor identified as
“State Endangered” in the Rhode Island Natural Heritage Program’s list of “Rare
Native Animals of Rhode Island”.
D.
An authorized resident falconer is limited to taking one raptor per year identified
as “State Threatened” in the Rhode Island Natural Heritage Program’s list of
“Rare Native Animals of Rhode Island.”
E.
The taking by non-resident falconers of raptors identified as “State Threatened”
in the Rhode Island Natural Heritage Program’s list of “Rare Native Animals of
Rhode Island” is prohibited.
F.
The taking or possession of Osprey (Pandion haliaetus) is prohibited.
G.
No eggs may be taken from nests.
H.
First year (passage) Falconiformes or Accipitriformes may be taken from the wild
only during the time period August 11th through February 28th.
I.
Passage Strigiformes may be taken from the wild only during the period of
January 24th thru April 11th.
J.
Eyass falconiformes, Accipitriformes, and Strigiformes:
1.
May only be taken by a resident General class falconer with at least one
year’s experience, or by a Master class falconer.
2.
Only one eyass may be taken from a nest, and at least one (1) eyass must
remain in the nest after the take.
3.
Time period: April 1st through August 1st.
4.
Only one (1) eyass may be taken by a falconer each year.
K.
A “lost” or “escaped” raptor is defined as one which is no longer under the control
of the falconer, and which is wearing falconry leashes, jesses, bells, or a
transmitter. A lost or escaped raptor may be re-taken at any time without the
need for a “Special Purpose - Capture Permit”, even if it was not originally
possessed by the capturing falconer. If the raptor was not originally possessed
by the falconer, it does not count towards the falconer’s possession limit. A
recaptured raptor shall be returned to its owner within 180 days. If the owner
cannot be found or does not want the recaptured raptor, it may be transferred to
the Falconer’s permit. If that would violate the number of raptors the falconer is
allowed to possess then the falconer must either transfer a previously possessed
raptor or transfer the recaptured raptor to his or her permit. The re-taken falcon
may be transferred to a person authorized and able to possess it. If none of
these options will work, the raptor may be turned over to the Director. A re-taken
indigenous species of raptor may be released to the wild if, in the Falconer’s
opinion, the raptor is capable of surviving on its own, and then only after the
removal of all manmade objects except that a seamless leg band affixed to a
captive bred raptor must not be removed.
L.
Permittees may use only humane, predator-proof traps of a design and material
which will not harm the raptor being trapped; such as the bal-chatri, harness, bow
net, Dho-gazza, and Swedish goshawk trap.
M.
The Department does not consider short-term handling of a falconry raptor, such
as letting any other person hold or practice flying a raptor you possess under
your permit, to be “possession” if you are present and the person is under your
direct supervision.
7.11.16 Other Restrictions and Requirements
A.
Licenses and permits are subject to all Rules and Regulations pertaining to
hunting seasons, bag limits, and hours, except as may otherwise be provided by
these regulations.
B.
Any protected or out of season wildlife accidentally killed by a trained raptor shall
not be retained or possessed by the permittee, but the raptor may feed upon the
quarry before leaving the site of the kill.
C.
The holder of a valid State falconry license or permit issued by another State
which meets Federal falconry standards listed in the Migratory Bird Treaty Act of
1918 16 U.S.C. §§ 703-712, as amended may practice Falconry in Rhode Island
for up to 30 consecutive days each calendar year without the need for a Falconry
license issued by the Division of Fish and Wildlife. However, all other provisions
of these regulations do apply, including but not limited to hunting licenses, tags,
permits, stamps in addition to those regulations found in the Rules and
Regulations Governing Importation an Possession of Wildlife Animals, 250-
RICR-40-05-3.
D.
A raptor possessed under authority of a Falconry license may be temporarily
possessed for up to 120 consecutive days by a person other than the licensed
falconer only if the recipient is otherwise authorized to possess said species of
raptor, and only if the raptor is accompanied at all times by the properly
completed Form 3-186A (Migratory Bird Acquisition/Disposition Report) showing
you as the possessor of record, and by a statement signed and dated by both
parties, authorizing/acknowledging the temporary transfer. 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 the raptor(s).
E.
The temporary (up to 45 consecutive days) care and custody of raptors by a non-
authorized person must be in accordance with the regulations set forth in the
Migratory Bird Treaty Act of 1918 16 U.S.C. §§ 703-712, as amended.
F.
The Director shall be notified of any permanent change in the location where the
raptors are kept within 10 days of the change. Permanent changes to locations
outside the State will require prior written consent from the Director.
G.
Feathers that are molted or those feathers from birds held in captivity that die,
may be retained and exchanged by falconers only for imping purposes.
H.
The barter, sale, or purchase of wild raptors is prohibited.
I.
The use of raptors, including those captive bred and hybrids, for commercial
purposes, including but not limited to entertainment, advertisements, promotion
or endorsements of any goods, services, products, meetings or fairs, or as a
representation of any business, company, corporation, or other organization, is
strictly prohibited.
J.
The disposition of carcasses of raptors that die while in your possession must
comply with the Migratory Bird Treaty Act of 1918 16 U.S.C. §§ 703-712, as
amended.
7.11.17 License Categories and Examinations
A.
Each person requesting a State of Rhode Island falconry license/permit must
submit the appropriate application and all other required documentation to the
Director with the required fee. Incomplete applications will not be processed.
B.
License Categories
1.
New - Applies to Apprentice Falconers and other Classes of Falconer who
1) have never held a Rhode Island issued Falconry license, or 2) those
whose Rhode Island license has lapsed for more than five (5) years since
the date he or she submits his/her completed application, or 3) for
falconer's whose Rhode Island license was revoked/suspended for more
than five (5) years.
For an Apprentice license, with their application the applicant must include
the Sponsor Commitment Form from a potential sponsor stating the
sponsor’s commitment to tutor the applicant in the sport of falconry for the
duration of the applicant’s apprenticeship. The sponsor shall be the holder
of a General or Master Class Falconer’s license/permit, and is required to
maintain said license/permit for the duration of the applicant’s
apprenticeship.
2.
Renewal - Applies to Falconers who 1) have possessed a Rhode Island
Falconry license within five years of the date they submit a completed
application.
3.
Upgrade - Applies to falconers who have fulfilled the requirements for the
Class of Falconer they are currently licensed for and who wish to be
granted the privileges of the next higher class.
a.
For purposes of fees and license duration, an “Upgrade” is initially
treated as a “New” license.
b.
In addition to the Falconry License or Permit application, an
Apprentice falconer applying for an upgrade to General Class
falconer must also submit the Apprenticeship Program Completion
Affirmation form signed by his or her sponsor, attesting to the
Apprentice’s satisfactory completion of the requirements of the
Apprentice Training Program.
C.
Examinations:
1.
All persons required to take a written, and/or verbal examination must
pass the examination with a score of at least 80%. Failure to pass any
examination will render the applicant ineligible to retake the examination
for a period of 90 days from the date of the previous examination.
2.
A person applying for a New Apprentice class license shall be required to
take a written, and/or verbal examination administered by the Department,
relating to basic biology, care and handling of raptors, ethics, and State
and Federal laws and regulations relating to falconry.
3.
A previously licensed/permitted falconer who has not been in possession
of a valid Falconry license/permit within five years of the date of their
completed application must retake and pass all examinations required to
attain the license class for which he or she has applied.
4.
A person who, within five years of the date of application for a Rhode
Island Falconry license has successfully passed a federally approved
Falconry examination from another state, tribe, or territory, does not need
to take the Rhode Island falconry exam, but he or she must comply with all
other applicable provisions of these regulations.
5.
An examination is not required for a falconer who is renewing his or her
license except that a person whose license has been suspended or
revoked may, at the Director’s discretion, be required to pass all
examinations as is required to attain the license class for which he or she
has applied regardless of the length of license suspension/revocation. A
license renewal will only be issued:
a.
If all other requirements of the license are met.
b.
If no violation(s) of the previous license has (have) occurred.
c.
If a change in license classification is not requested.
d.
If all reports have been submitted.
D.
Examination and Licensing Procedures:
1.
Upon receipt of a properly executed license application, and all other
necessary documentation, the Director will advise the applicant of the
date, time and location of any required examination(s).
2.
An applicant for a General Class Falconry License shall take a written,
verbal, and/or practical examination administered by the Director and
assisted by a three person Falconry Examination Panel comprised of at
least one Master falconer, a General falconer, and a representative of the
Director. An Apprentice’s sponsor may not be a member of the Falconry
Examination Panel evaluating the Apprentice.
3.
The Falconry Examination Panel shall:
a.
In conjunction with the Department, develop the standards of field
performance required for eligibility for the General and Master
Class licenses.
b.
Assist the Director in the administration of any examination(s).
c.
Notify the Director in writing of their recommendation of approval or
denial of the applicant’s license request, and the reasons for their
recommendation.
4.
The upgrade from Apprentice Class to General Class shall not be
unnecessarily delayed if the panel cannot be convened.
5.
If the Applicant will possess a raptor, and the applicant’s facilities have yet
to be inspected and approved, the Director will arrange for an on-site
inspection.
6.
The Director shall review the results of the examinations by the Falconry
Examination Panel, and the qualifications and experience of the applicant
before deciding whether or not to issue the license.
7.
The Director may refuse to issue a Falconry license or permit when:
a.
it is determined that the license/permit should not be issued
because of past conviction(s) of the fish and wildlife laws.
b.
the applicant, upon inspection by State or Federal wildlife
personnel, has failed to meet or maintain the standards established
for raptor housing facilities and equipment.
c.
the applicant has failed to meet qualifications or standards for
license classes set forth in these regulations.
8.
The Director may restrict the otherwise allowable take of raptors when the
authorization requested could threaten or have significant effect on a wild
population of raptors or their prey.
9.
No person shall be issued a license/permit if he or she has been convicted
of violating the Falconry laws and regulations of any state or the federal
government within the five (5) -years preceding the date upon which a
license/permit application is received by the Director.
10.
A falconer whose license has expired or has been revoked shall, at the
Director’s discretion, be required to either release his or her wild caught
raptor(s) to the wild or transfer them to an authorized person. Hybrid and
captive-bred raptors shall be similarly transferred to an authorized person,
or if no such person can be found, may be disposed of in accordance with
the Migratory Bird Treaty Act of 1918 16 U.S.C. §§ 703-712, as amended.
E.
License and Permit Duration:
1.
Falconer License – new and Upgrade – valid until the next 30th of June.
2.
Falconer License Renewal – valid for a period up to three years following
date of issuance.
3.
Special Purpose Permit – as described on the permit, but for no more than
one year.
F.
License / Permit Revocations / Reinstatements:
1.
License/Permits may be suspended/revoked if the falconer:
a.
is not in compliance with these regulations,
b.
has been convicted of one or more violations of fish and wildlife
laws,
c.
does not provide proper care of his or her raptors,
d.
allows the raptors to become a public nuisance,
e.
uses his or her raptors for un-permitted activities
2.
Any person whose license/permit, or license/permit renewal, or other
approval has been denied, revoked, or suspended by the Department,
may appeal to the Office of Administrative Adjudication for review of the
decision on which the denial, revocation, or suspension, is based.
7.11.18 Provisional Licenses / Permits
A.
The Director may choose to issue a “provisional” license/permit when:
1.
The Falconry Examination Panel has yet to convene.
2.
The Falconer has not been actively practicing falconry for a period of five
years or more.
3.
The applicant is licensed in another state or foreign country and
temporarily wants to practice falconry in Rhode Island.
4.
A previously revoked license/permit is reinstated.
5.
Information about a Falconry license/permit applicant experience cannot
be readily verified.
B.
The Director may choose to restrict the holder of a provisional license/permit
beyond the limitations imposed upon the Falconer’s license class as allowed
herein.
7.11.19 Fees
A.
License – New/Upgrade -
no charge
B.
License – Renewal -
no charge
C.
Examination -
no charge
D.
Facilities Inspection -
no charge
E.
Special Purpose
1.
Capture
a.
Resident -
$25
b.
Non-Resident -
$25
7.12 Effective Date
The foregoing Rules and Regulations - R.I. Falconry Regulations for the Season,
after due notice, are hereby adopted and filed with the Secretary of State to
become effective twenty (20) days thereafter, in accordance with the provisions
of Chapters 42-35, 42-17.1 and 42-17.6 of the General Laws of Rhode Island of
1956, as amended.