250-RICR-60-00-7
250-RICR-60-00-7. RI Falconry Regulations for the Season (version Adoption, 07/31/2018 to 07/31/2019)
To view the official Final Regulation for accessibility and readability, click Download Regulation:
Download Regulation
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 R.I. Gen. Laws Chapters 42-17.1, “DEM”,
42-17.6, 42-35, Administrative Procedures Act, and §§ 20-1-4;
20-1-12; and 20-1-13, 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7.6 Superseded Rules and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 R.I.
Gen. Laws 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superseded.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
“Anklet(s)” means the
leather strap which goes around the bird’s leg. The jesses are
attached to this. Sometimes also called a bracelet.
“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.
“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.
“Captive bred” means
raptors (including eggs) raised in captivity and which are imprinted
to humans.
“Department” means the
Department of Environmental Management.
“Director” means the
Director of the Rhode Island Department of Environmental Management,
or his/her duly authorized agent or agents.
“Dho-gazza trap” means a
square or rectangular net of various dimensions suspended vertically
next to a bait.
“Eyass” means a young
raptor not yet capable of flight.
“Falconer” means a person
who engages in the sport of falconry.
“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.
“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.
“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.
“Hacking” means the
temporary release of a raptor held for falconry to the wild so that
it must survive on its own.
“Harness trap” means a
light leather or cloth saddle covered with nooses which is placed on
tethered bait.
“Hood” means the leather
head covering used on hawks and falcons.
“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.
“Imping” means the
process of grafting new feathers onto the wing or tail of a bird to
repair damage or to increase flying capacity.
“Import” means to bring a
raptor into the State and house for more than 30 days per calendar
year (need not be consecutive).
“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.
“Indigenous” means those
species occurring naturally, either presently or historically within
the boundaries of the State of Rhode Island.
“Jesses” means leather
strips which go through the anklets so the falconer can hold the bird
or attach the leash.
“Leash” means attaches
the bird to the perch or falconer's glove.
“Lure” means a fake
quarry used to train a bird.
“Mews and weathering
facilities” means for housing raptors. Mews are indoor facilities;
a weathering facility would be outdoors.
“Pigeon harness” means a
rig which fits snugly around a live bird allowing for complete
freedom of movement including flight or total immobilization.
“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.
“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).
“Swedish goshawk trap”
means a humane, predator-safe, stationary box trap.
“Take” means to trap or
capture, or attempt to trap or capture.
“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 R.I. Gen. Laws Title 20 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 (Part 40-05-3 of this
Title).
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
A. 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:
1. “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. †
D. *These take and possession
limits are not in addition to those numbers allowed in the previous
table.
E. †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,
Part 40-05-3 of this Title.
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:
a. have never held a Rhode
Island issued Falconry license, or
b. 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
c. for falconer's whose Rhode
Island license was revoked/suspended for more than five (5) years.
2. 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.
3. Renewal - Applies to
Falconers who 1) have possessed a Rhode Island Falconry license
within five years of the date they submit a completed application.
4. 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
License
New/Upgrade
no
charge
License
Renewal
no
charge
Examination
-
no
charge
Facilities
Inspection
no
charge
Special
Purpose
Capture
Resident
$25
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 R.I. Gen. Laws Chapters 42-35, 42-17.1 and 42-17.6, as
amended.