§ 11 - Falconry - Vermont Statutes

§ 11. Falconry TITLE 10AConservation and Development 4 APPENDIXCHAPTER 1. GAMESubchapter I. General Provisions

§ 11. Falconry

SECTION 1. PURPOSE (10 V.S.A. Section 4278).

The sport of falconry requires participants to possess certain skills and knowledge in order to conserve the raptor resource. This regulation establishes specific requirements for ensuring that holders of falconry permits are properly qualified and that the birds in the possession of a permittee are legally acquired and appropriately cared for. This regulation further defines required raptor housing facilities and falconry equipment, legal means of taking, lawful species, ages and members of raptors to be taken and possessed, banding requirements, and other restrictions on the practice of falconry.

SECTION 2. DEFINITIONS.

For purposes of this part:

(a) "Commissioner" means the Commissioner of the Department of Fish and Wildlife or his/her designee.

(b) "Department" means the Department of Fish and Wildlife.

(c) "Permit" means a permit to take and possess raptors and to practice the sport of falconry issued pursuant to Fish and Wildlife Law, 10 V.S.A. Section 4278(b).

(d) "Falconry" means the sport of hunting by use of trained raptors, including the training, feeding and handling of such raptors and their recapture after being released for hunting or training.

(e) "Raptor" means all species and hybrids of the orders Strigiformes (owls) and Falconiformes (hawks and falcons).

(f) "Sponsor" means a currently permitted General or Master Falconer, permitted by the Federal Government and Vermont or another state, who has agreed to advise and train a holder of an Apprentice permit.

(g) "USFWS" means U.S. Fish and Wildlife Service.

SECTION 3. QUALIFICATIONS FOR APPOINTMENT.

(a) An applicant for a falconry permit must:

(1) be at least fourteen (14) years old and a resident of Vermont;

(2) not have a license under revocation for violation of any Fish and Wildlife Law;

(3) submit to the Department, on a form prepared and furnished by the Department, a written application for a falconry permit, to include:

(a) name, address, telephone number, date of birth and location of the raptor housing facilities;

(b) the number of raptors the applicant possess at the time the application is submitted, including the species, age (if known), sex (if known), date of acquisition, and source of each;

(c) the class of permit requested, including the name, address, and signature of sponsor, if required;

(d) a listing of falconry permits previously held;

(e) an account of experience and training in falconry;

(f) an original, signed certification by the applicant concerning the validity of the information, or the signature of a parent or guardian if the applicant is under the age of 18 years;

(4) complete a supervised written examination as described in Section 6;

(5) possess suitable raptor housing facilities and equipment that have been certified by the Department to meet the standards as described in Section 7;

(6) submit to the Department a permit fee in accordance with Section 4(a).

(b) The Commissioner shall issue a permit to an applicant who meets the requirements in Section 3(a) and Sections 4, 5, 6, and 7.

SECTION 4. PERMIT TERMS.

(a) Term of permit. A Vermont falconry permit is issued for three (3) years, unless amended or revoked, upon payment of a fee specified in 10 V.S.A. Section 4278. A permitted Apprentice or General Falconer may apply for a permit of higher class while possessing an unexpired permit without paying additional Department fees. A falconry permit issued under this regulation will consist of Department cosignature on a federal falconry permit with appropriate fee payment to the USFWS. Federal applications are available through the Department and the USFWS. The permit will not be valid without signatures from the Department and the USFWS.

(b) Compliance. Permittees shall comply with all terms under this regulation and all terms under federal falconry standards issued by the USFWS pursuant to 50 CFR 21, including proper filing of federal Migratory Bird Acquisition and Disposition Reports (Form 3-186A). Copies of all federal report forms shall be forwarded to the Department.

(c) Revocation of permit. The Commissioner may revoke a permit and seize raptors held under the permit if the Commissioner finds that the permittee:

(1) failed to properly and humanely care for the raptors held under the permit;

(2) allowed the raptors held under the permit to become a public nuisance;

(3) failed to comply with any of the terms or conditions of the falconry permit.

Raptors seized under this section shall be released to the wild, transferred to another permittee or used in a manner authorized by the Commissioner.

SECTION 5. CLASSES OF PERMITS.

Permits shall be issued in three classes (Section 5(a)-(c)) based upon the age and experience of the applicant.

(a) Apprentice. Holders of an Apprentice permit shall:

(1) be at least fourteen (14) years old;

(2) obtain a sponsor who will consent to train and advise the permittee for a minimum of twenty (20) hours annually for the first two (2) years;

(3) notify the Department in writing within ten (10) days after their sponsorship has been withdrawn for any reason, and notify the Department within ten (10) days of obtaining a new sponsor.

(b) General. Holders of a General permit shall:

(1) be at least eighteen (18) years old;

(2) have a minimum of two (2) years experience in the practice of falconry at the Apprentice level or its equivalent, to be verified in writing by a sponsor of the applicant who also recommends applicant for a permit; or verification via a state or federal agency that has previously issued a permit to the applicant; or by other proof deemed appropriate by the Commissioner.

(c) Master. Holders of a Master permit shall:

(1) have a minimum or five (5) years experience in the practice of falconry at the General class level or its equivalent, to be verified in writing by a state or federal agency that has previously issued a permit to the applicant, or by other proof deemed appropriate by the Commissioner.

(d) Sponsor. Holders of a General or Master permit may sponsor nor more than three (3) apprentice permittees at any one time.

SECTION 6. EXAMINATION REQUIREMENTS.

Applicants for an Apprentice, General or Master falconry permit must successfully complete a supervised written examination relating to basic biology, care, and handling of raptors. Such examinations shall be provided by the Department and offered at a state approved site. Successful completion constitutes a minimum score of eighty (80) percent. If failed, applicants may not retake the examination in less than two (2) months. Any falconer holding a valid falconry permit from another state will have the written examination requirement waived when applying for their Vermont falconry permit.

SECTION 7. FACILITIES AND CARE.

(a) Facilities. The applicant shall have the following raptor housing facilities which provide for protection from the environment, predators, and undue disturbance:

(1) Indoor facilities (mews) shall be large enough to allow easy access for caring for the raptors housed in the facility. If more than one raptor is to be kept in a mews, the raptors shall be tethered or separated by partitions and the area for each bird shall be large enough to allow the bird to fully extend its wings. There shall be at least one window, protected on the inside by vertical bars, spaced narrower than the width of the bird's body, and a secure door that can be easily closed. The floor of the mews shall permit easy cleaning and be well drained. Adequate perches shall be provided.

(2) Outdoor facilities (weathering areas) shall be fenced and covered with netting or wire, or roofed to protect the birds from disturbance and attack by predators, except that perches more than 6 1/2 feet high need not be covered or roofed. The enclosed areas 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. Adequate perches shall be provided.

(b) Equipment. The applicant shall have the following equipment in their possession:

(1) Jesses. At least one pair of Aylmeri jesses or similar type constructed of pliable, high-quality leather or suitable synthetic material to be used when any raptor is flown free. Traditional one-piece jesses may be used on raptors when not being flown free.

(2) Leashes and swivels. At least one leash and one strong swivel of acceptable falconry design.

(3) Bath container. At least one suitable container for each raptor, two to six inches deep and wider than the length of the raptor, for drinking and bathing.

(4) Outdoor perches. At least one weathering are perch of an acceptable design for each raptor.

(5) Weighing device. A reliable scale or balance suitable for weighing the raptor(s) held, and graduated to increments of not more than 15 grams (1/2 ounce).

(c) Maintenance. All facilities and equipment shall be kept at or above the preceding standards at all times.

(d) Food. Adequate food shall be provided at appropriate intervals for each raptor according to its age and condition. Adequate food shall mean sufficient quantity of nutritional value sufficient to maintain a minimal subsistence level. All foods shall be served in a clean and sanitary manner.

(e) Medical care. Qualified medical care shall be available. The permittee shall provide the Department with a written statement from a veterinarian stating his/her qualifications and a willingness to work with raptors.

(f) Transportation and temporary holding. A raptor may be transported or held in temporary facilities providing adequate perching and protected from extreme temperatures and excessive disturbance, for a period not to exceed thirty (30) days, as provided in Section 12(c).

(g) Inspection. Permit applicants shall allow a representative of the Department to inspect their facilities, equipment, and raptors for compliance with permit standards. Certification of compliance shall be made by the Department before a permit may be granted. Subsequent inspections may be made at reasonable hours of the day by a representative of the Department, as deemed necessary.

SECTION 8. CAPTURE LIMITATIONS.

Permitted falconers may capture raptors according to the following limitations.

(a) First-year (passage) birds. Red Tailed and Goshawks may be captured from 1 September through 25 January, inclusive, by use of traps, nets and snares which are humane in their operation and use. It is illegal to use steel-jawed traps, gins, pole traps or jump traps. Capture devices shall be identified legibly with an attached tag bearing the permittee's name and address. Only Red Tailed and Goshawks in juvenile plumage may be removed from the wild. All raptors not retained for the purpose of falconry shall be immediately released.

(b) Nesting birds. May not be taken.

(c) Landowner permission. Prior to setting any trap or taking any Red Tailed or Goshawk, a permittee shall obtain permission from the owner of the property where the activity will occur.

(d) Land closure. The Commissioner may close any area of the state to the taking of raptors.

(e) Recapture of escaped raptors. Permittees may recapture escaped raptors that were legally acquired and held. Such birds may be recaptured by legal means at any time by the permitted falconer who last possessed the escaped bird.

SECTION 9. SPECIES AND POSSESSION LIMITS.

(a) Permit class restrictions.

(1) Apprentice permittees may not possess more than one (1) raptor and may not obtain more than one raptor for replacement from all sources during any twelve (12) month period.

(2) General permittees may not possess more than two (2) raptors and may not obtain more than two (2) raptors for replacement from all sources during any twelve (12) month period.

(3) Master permittees may not possess more than three (3) raptors and may not obtain more than two (2) raptors taken from the wild during any twelve (12) month period. Master permittees may obtain no more than three (3) raptors from all sources during any twelve (12) month period.

(b) Species restrictions.

(1) An apprentice permittee may possess Red Tailed Hawks taken from the wild. Capture of said Red Tailed Hawks may occur only under the supervision of the sponsor.

(2) General or Master permittees may take and possess raptors according to the following limitations:

(a) Nesting birds. May not be taken.

(b) Passage birds. Only Red Tailed Hawks and Goshawks may be taken from the wild.

(c) Captive-bred birds. All raptors born and raised beyond two (2) weeks in captivity may be possessed according to the following limitations:

There shall be complete and accurate records of all transactions conducted under this clause, including the name, address, and permit number of the transferee; the day, month, and year of the transaction or disposition; the sale price or other consideration involved in the transaction or disposition; the sale price or other consideration involved in the transaction or disposition; and the species, sex, age, origin, and pedigree (lineage) of the raptor or raptors involved.

(d) Raptors taken for other purposes. Raptors of any age captured under depredation or special use permits, or seized under Section 4(c) may be acquired and possessed in any number not to exceed the possession limit of a permittee.

SECTION 10. IMPORTATION, EXPORTATION, SALE, TRADE AND RELEASE OF RAPTORS.

(a) Importation. Raptors brought into Vermont may be imported only under the authority of an importation permit from the Commissioner to a permitted falconer in accordance with 10 V.S.A. Section 4709. Importation permits shall not be issued for the possession of species which are specifically prohibited by these regulations, by laws of the exporting state, or by regulations of the federal government. Nonresident falconers may temporarily bring their raptors into Vermont, provided they have completed federal form 3-186A or valid permit from another state for each bird being transported.

(b) Exportation. Raptors taken as passage birds from within Vermont shall not be permanently transferred or exported to another state without written authorization from the Commissioner. A permittee moving from Vermont to another state must obtain written authorization from the Commissioner to permanently take their legally-held native raptors to another state. A permittee temporarily transporting their birds from Vermont to another state shall have on their person their Vermont falconry permit and a completed federal form 3-186A for each bird being transported.

(c) Sale of raptors. A permittee may not sell, purchase, barter, or offer to sell, purchase or barter any raptor taken from the wild. (10 V.S.A. Section 4902).

(d) Transfer. A permittee may transfer a legally-held raptor to another permittee according to the restrictions in Section 9. A completed federal form 3-186A is required for each transaction, with a copy forwarded to the Department within five (5) days.

(e) Release.

(1) (1) Native raptors. Raptors that are capable of surviving for an extended period in the wild may be intentionally released. The markers from such birds shall be removed and surrendered to the Department, and a standard federal bird band shall be attached in their place by the Department or a federally-permitted bird bander whenever possible. Native raptors that are not longer capable of surviving for an extended period in the wild shall be treated according to the following options:

(a) The raptor may be transferred to an approved educational facility, or to a breeding or rearing facility, such recipients in Vermont shall apply for and hold a scientific collection permit for the transferred wild animal.

(b) The raptor may be transferred to a licensed wildlife rehabilitator to serve as a surrogate parent or sibling (10 V.S.A. Section 4152) provided that prior approval of the USFWS is obtained.

(c) The raptor may be euthanized in a humane manner that minimizes pain and stress, and the carcass disposed of either by donation to a public scientific or educational organization permitted to receive wild animals, or by burial or incineration.

SECTION 11. REPORTING REQUIREMENTS.

(a) Written report. The loss or addition of any raptors held under a falconry permit shall be reported to the USFWS using form 3-186A (all 4 copies) and to the Department by sending a reproduced copy of form 3-186A within five (5) days of any such transaction. Such losses or additions shall include any takings, purchases, deaths, transfers, and dispositions of raptors held under a permit.

(b) A raptor possessed under authority of a falconry permit may be temporarily held by a person other than the permittee only if that person is otherwise authorized to possess raptors, and only if the raptor is accompanied at all times by the properly completed form 3-186A (Migratory Bird Acquisition/Disposition Report) designating the permittee as the possessor of record and by a signed, dated statement from the permittee authorizing the temporary possession.

(c) Raptor propagation and activities associated with it are regulated under 50 C.F.R. Part 21.30 and 10 V.S.A. Section 5207. Requirements of both permitting entities must be met.

SECTION 12. HUNTING WITH RAPTORS.

(a) License requirements.

(1) Any resident hunting with a raptor in Vermont must possess a valid falconry permit and a valid Vermont hunting or combination fishing and hunting license. Any person hunting migratory waterfowl must also possess both a Vermont and Federal Migratory Waterfowl Hunting Stamp.

(2) Any nonresident hunting with a raptor in Vermont must possess a valid falconry permit from their state of residence and a valid Vermont out-of-state hunting or combination fishing and hunting license. Any nonresident hunting migratory waterfowl must also possess both a Vermont and Federal Migratory Waterfowl Hunting Stamp.

(3) A falconer whose raptor kills wildlife that is out of season or of the wrong species or sex shall leave the dead wildlife where it lies, except that the raptor may feed upon the wildlife prior to leaving the site of the kill.

(b) Hunting restrictions. Permitted falconers shall abide by current Vermont hunting laws when pursuing wildlife using a trained raptor. (1995, Fish and Wildlife Commissioner's Reg. No. 1006, eff. Aug. 27, 1994.)