Authority: IC 14-11-2-1; IC 14-22-2-6; IC 14-22-23
Affected: IC 4-21.5; IC 14-22-31; IC 35-47-2
Sec. 13.1.
(a) A
license is required under this section for an individual to practice
falconry.
(b) The following
definitions apply throughout this section:
(1)
"Abatement" means the use of a raptor to mitigate depredation and nuisance
problems from other birds for the protection of human health and safety and
domestic and wild animals.
(2)
"Aerie" means the nest of a raptor on a cliff, mountaintop, or man-made
building.
(3) "Bate" means to
attempt to fly off of something while tethered.
(4) "Captive-bred" means raptors, including
their eggs, hatched in captivity from parents that mated in captivity or
otherwise transferred gametes in captivity.
(5) "Chamber-raised" means parent-reared for
a minimum of ten (10) weeks.
(6)
"Eyass" means a young raptor that is:
(A)
still in the nest or aerie; and
(B)
not capable of flying. The term is also known as a nestling.
(7) "Giant hood" means any
enclosure that affords protection and a suitable perching surface, be it a
modified dog style carrier, cardboard box, custom plastic or wood constructed
enclosure, including the enclosed areas of vehicles with perching set-ups such
as those used by falcons.
(8)
"Hack" means to temporarily release a raptor held for falconry to the wild so
that it must survive on its own.
(9) "Hybrid" means an offspring of birds
listed as two (2) or more distinct species in
50 CFR
10.13, or offspring of birds recognized by
ornithological authorities as two (2) or more distinct species listed in
50 CFR
10.13.
(10) "Imping" means grafting a damaged
feather with a molted feather onto a trained raptor to repair damage.
(11) "Imprinted" means a bird that is
hand-raised, from two (2) weeks of age until it has fledged, and has identified
itself with humans rather than its own species. An imprinted bird is considered
to be so for its entire lifetime.
(12) "Leg band" means a permanent,
nonreusable, numbered United States Fish and Wildlife Service band supplied by
the department to be affixed to a raptor's leg.
(13) "Mew" means an indoor enclosure for
housing a raptor.
(14) "Passage
bird" means a wild raptor that is still in its immature plumage, with no
presence of new adult tail or primary wing feathers.
(15) "Retrices" means the long, stiff,
asymmetrically shaped, but symmetrically paired feathers on the tail of a
bird.
(16) "Seamless metal band"
means a numbered and seamless United States Fish and Wildlife Service band that
is placed on the raptor's leg (metatarsus) to identify it as
captive-bred.
(17) "Weathering
area" means an outdoor enclosure for housing a raptor.
(18) "Wild raptor" means a raptor that was
originally taken from the wild, regardless of how long it is held in captivity
or transferred to another license holder or permit/license type.
(c) An application to practice
falconry must be completed upon a signed departmental form.
(d) The department recognizes the following
three (3) classes of falconry licenses:
(1)
An apprentice class falconry license may be issued to an applicant as follows
who:
(A) Is at least twelve (12) years of
age.
(B) If under eighteen (18)
years of age submits an application that is cosigned by a parent or legal
guardian who is legally responsible for the applicant's activities.
(C) Submits with the application a document
signed and dated by a holder of a valid general or master class license who is
at least eighteen (18) years of age and has at least two (2) years of
experience at the general falconer level who agrees to sponsor and assist the
applicant with the following:
(i) Learning
about the husbandry and training of raptors held for falconry.
(ii) Learning about relevant wildlife laws
and regulations.
(iii) Deciding
what species of raptor is appropriate for the applicant to possess while an
apprentice.
(D) Complies
with subsection (j).
(E) Has raptor
housing facilities that an Indiana conservation officer has inspected and found
to meet the standards set forth in subsection (m).
(2) A general class falconry license may be
issued to an applicant as follows who:
(A) Is
at least sixteen (16) years of age.
(B) If under eighteen (18) years of age
submits an application that is cosigned by a parent or legal guardian who is
legally responsible for the applicant's activities.
(C) Submits with the application a signed and
dated document from the applicant's apprentice class license sponsor stating
that the applicant has practiced falconry with a wild raptor possessed under
the applicant's apprentice class falconry license or equivalent for at least
four (4) months of each of two (2) consecutive years. The falconry practice:
(i) shall include hunting with that raptor;
and
(ii) may include the capture
and release of falconry raptors.
(3) A master class falconry license may be
issued to an applicant who has practiced falconry with raptors possessed by the
applicant under a general class falconry license or equivalent for at least
four (4) months of each of five (5) calendar years. The falconry practice shall
include hunting with the applicant's raptors.
(e) If a sponsor identified under subsection
(d)(1)(C) terminates sponsorship of an apprentice class license holder, the
following:
(1) The sponsor shall provide the
following:
(A) The apprentice class license
holder with a signed and dated document stating the apprentice class license
holder's falconry experience and the term of sponsorship that can be used by
the apprentice class license holder to comply with subsection
(d)(2)(C).
(B) The department with
written notification within five (5) calendar days of the sponsorship
termination.
(2) The
apprentice class license holder shall submit a document to the department that
is compliant with the requirements under subsection (d)(1)(C) identifying a new
sponsor within thirty (30) calendar days of the termination.
(f) A lapsed falconry license may
be reinstated as follows:
(1) An individual
whose falconry license has lapsed for fewer than five (5) years may have the
license reinstated at the level held previously if the applicant can establish
the class of license previously held.
(2) An individual whose falconry license has
lapsed for five (5) years or longer may have the license reinstated at the
level held previously if the applicant:
(A)
complies with subsection (j); and
(B) can prove the class of license held
previously.
(3) A
falconry license that has been suspended or revoked will not be reinstated
under this subsection during the term of the suspension or
revocation.
(g) An
individual who has experience in falconry and has resided in the United States
for at least sixty (60) days but not more than two (2) years may qualify for a
falconry license appropriate to the individual's experience if the applicant:
(1) complies with subsection (j);
(2) has raptor housing facilities that an
Indiana conservation officer has inspected and found to meet the standards set
forth in subsection (m); and
(3)
provides documentation of experience sufficient for the department to determine
the class of falconry license, consistent with subsection (d), for which the
applicant is qualified.
(h) If a license holder moves raptors
possessed under this section outside the jurisdiction of the department, the
license holder must notify the:
(1)
department; and
(2) permitting
authority in the license holder's new jurisdiction; of the address change
within thirty (30) days.
(i) If an individual holding a valid falconry
license from another jurisdiction within the United States moves to Indiana
bringing raptors possessed under that license, the individual must within
thirty (30) days:
(1) notify the department
of the address change; and
(2)
apply for a license under this section.
The individual may retain possession of raptors while
applying for a license.
(j) Before a license may be issued under
subsection (d)(1), (f)(2), or (g), the applicant must correctly answer at least
eighty percent (80%) of the questions on a supervised examination covering:
(1) raptor biology;
(2) the care and handling of raptors;
and
(3) federal and state laws
relating to falconry.
An individual who fails an examination under this section may
retake the examination one (1) additional time within forty-five (45) days, but
not for a third time within one hundred eighty (180) days after a second
failure.
(k) A
license under this section expires the last day of February of the third year
following the year in which the license was issued.
(l) A license holder must comply with the
following banding and reporting requirements:
(1) A leg band must be obtained from the
department before a license holder attempts to acquire a raptor from the
wild.
(2) A leg band must be
attached to each raptor within ten (10) days of acquisition.
(3) Within ten (10) days of:
(A) acquiring a raptor;
(B) transferring a raptor to another license
type or individual;
(C) banding or
rebanding a raptor;
(D)
microchipping a raptor;
(E) losing
a raptor that has escaped into the wild and is not recovered within thirty (30)
days;
(F) losing a raptor due to
death or theft; or
(G) releasing a
raptor;
a license holder shall enter the required information in the
federal electronic database or submit a Form 3-186A to the department.
(4) A captive-bred
raptor must be banded with a seamless metal band obtained from the United
States Fish and Wildlife Service.
(5) In addition to the leg band required
under subdivision (1) and the seamless metal band required under subdivision
(4), a license holder may also purchase and implant an ISO (International
Organization for Standardization) compliant (134.2 kHz) microchip in a raptor
possessed under this section.
(6)
If a seamless metal band is removed or lost, a license holder must report it
and request a replacement band from the department within ten (10) days of
removal or noting the loss of the band.
(7) If a leg band must be removed or is lost
from a raptor in a license holder's possession, the license holder must report
the loss of the band within five (5) days and must then do at least one (1) of
the following:
(A) Request a leg band from
the department and reband the raptor.
(B) Purchase and implant an ISO compliant
(134.2 kHz) microchip in the raptor.
(8) A license holder or any other individual
must not alter, deface, or counterfeit a leg band or seamless metal
band.
(9) A license holder may
remove the rear tab on a leg band and smooth any imperfect surface, if the
integrity of the band and the numbering are not affected.
(10) If a license holder documents health
problems or injury in a raptor caused by a leg band or seamless metal band, the
license holder may request an exemption from the department for that raptor. If
an exemption is approved by the department, the license holder must keep a copy
of the exemption paperwork on his or her person when transporting or flying the
raptor. If the raptor is a wild goshawk, Harris's hawk, peregrine falcon, or
gyrfalcon, the license holder must replace the band with an ISO compliant
microchip that will be supplied by the department. The department will not
provide a microchip for a wild goshawk, Harris's hawk, peregrine falcon, or
gyrfalcon unless the license holder has demonstrated that a band causes an
injury or a health problem for the raptor.
(11) A license holder may not band a raptor
taken from the wild with a seamless metal band.
(m) A license holder shall provide housing
facilities as follows:
(1) All facilities
shall be inspected by an Indiana conservation officer and found to meet the
standards in this subsection before obtaining a bird for use in
falconry.
(2) All facilities shall
provide humane and healthful living conditions.
(3) The license holder may house compatible
raptors together untethered.
(4)
Each raptor must have access to a pan of clean water unless weather conditions,
the perch type used, or some other factor makes access to a water pan unsafe
for the raptor.
(5) Primary
enclosures shall be mews or weathering areas or a combination of
characteristics of both that provides the following:
(A) A suitable perch for each raptor with at
least one (1) opening for sunlight.
(B) Protection for the raptor from the
environment, predators, domestic animals, or other undue disturbance.
(C) An area large enough to allow the raptor
to fly if not tethered or, if tethered, to fully extend its wings or bate
without damaging its feathers or contacting other raptors.
(6) In addition to the requirements of
subdivisions (1) through (5), the following are applicable to mews:
(A) Mews must be large enough to allow easy
access for the care and feeding of the raptors.
(B) For raptors that are not tethered, walls
of mews that are not solid must be protected on the inside. Suitable protective
materials may include vertical bars spaced narrower than the width of the body
of the smallest raptor housed in the enclosure. However, heavy-duty netting or
other such materials may be used to cover the walls or roof of the
enclosure.
(C) Acceptable mews may
include shelf perch enclosures where raptors are tethered side by side. Other
innovative housing systems are acceptable if they provide the enclosed raptors
with protection and maintain healthy feathers.
(D) A raptor may be kept inside a license
holder's place of residence if:
(i) a
suitable perch is provided; and
(ii) the raptor is tethered except when being
moved into or out of the location where it is kept. The license holder is not
required to modify windows or other openings of the residence.
(7) In addition to the
requirements of subdivisions (1) through (5), the following are applicable to a
weathering area:
(A) A weathering area must be
totally enclosed and be made of:
(i) heavy
gauge wire;
(ii) heavy-duty plastic
mesh;
(iii) slats;
(iv) pipe;
(v) wood; or
(vi) another suitable material.
(B) A weathering area must be
covered.
(C) A weathering area
must:
(i) have at least one (1) covered perch
for each raptor; and
(ii) be
constructed of acceptable design to protect the raptor from predators, weather,
domestic animals, or other undue disturbance.
(D) A weathering area must be large enough to
ensure that the raptors cannot strike the enclosure when flying from the
perch.
(E) New types of weathering
areas or husbandry practices, or both, may be used if they satisfy the
requirements above and are approved in writing by the department.
(8) A temporary housing facility
must:
(A) be used for not more than one
hundred twenty (120) consecutive calendar days;
(B) have a suitable perch; and
(C) protect the raptor from extreme
temperatures, predators, domestic animals, wind, and excessive
disturbances.
(9) The
license holder may keep raptors outside in the open if they are under watch by
the license holder or the license holder's designee in a weathering yard at a
falconry meet or other location.
(10) The license holder's housing facilities
may be located on property owned by another person only if the license holder
submits a signed and dated statement confirming that the property owner agrees
that the falconry facilities and raptors may be inspected by a conservation
officer at any reasonable time of day without advance notice in the presence of
the license holder or in the presence of the property owner, except the
conservation officer may not enter the facilities or disturb the raptors unless
the license holder is present.
(11)
The license holder must inform the department within five (5) business days if
the location of the housing facilities has changed.
(n) The license holder shall make:
(1) records;
(2) housing facilities;
(3) raptors; and
(4) equipment;
available for inspection by an Indiana conservation officer
at any reasonable time without advance notice in the presence of the license
holder. In the event of immediate concern for the welfare of the raptor, the
department may conduct an inspection with a court order without the presence of
a license holder.
(o) The license holder must have his or her
falconry license, or legible copies, in immediate possession at all times if
the license holder is not at the location of his or her primary housing
facilities and is:
(1) trapping;
(2) transporting;
(3) working with; or
(4) flying; the raptor.
(p) When:
(1) transporting a raptor;
(2) hunting with a raptor; or
(3) a raptor is away from the permanent
facility where it is housed;
a license holder shall provide a suitable perch that is
protected from extreme temperatures, wind, and excessive disturbance. A giant
hood or similar enclosure is acceptable for transporting or housing a raptor
when the raptor is away from its primary enclosure.
(q) A license holder must have the
following equipment for each raptor:
(1) A
pair of jesses of high quality leather or suitable synthetic material or the
materials and equipment to make them. Traditional one (1) piece jesses may be
used on a raptor when not being flown.
(2) A flexible, weather-resistant leash and a
strong swivel of acceptable falconry design.
(3) An appropriate, reliable scale or balance
graduated to increments of not more than one-half (1/2) ounce (fifteen (15)
grams) for weighing a raptor.
(r) A license holder may allow an individual
to temporarily care for a raptor possessed under this section as follows:
(1) The license holder shall provide the
individual providing the care with the following:
(A) A copy of the Form 3-186A showing that
the license holder is the possessor of each raptor.
(B) A signed and dated statement:
(i) authorizing the temporary possession of
the raptor;
(ii) specifying the
duration of the temporary possession; and
(iii) specifying what the caregiver is
authorized to do with the raptor.
(2) If the caregiver holds a valid falconry
license, the caregiver may do the following:
(A) Care for the raptor for a maximum one
hundred twenty (120) consecutive days.
(B) Care for the raptor at the facilities of
the license holder or the caregiver.
(C) Fly the raptor as authorized by the
license holder if the caregiver holds the appropriate level falconry
license.
(3) If the
caregiver does not hold a valid falconry license, the caregiver may do the
following:
(A) Care for the raptor for a
maximum of forty-five (45) consecutive days.
(B) Care for the raptor only at the
facilities of the license holder.
(C) Not fly the raptor for any
reason.
(4)
Notwithstanding subdivision (2)(A) or (3)(A), the department may approve
indefinite extensions of temporary care in extenuating circumstances,
including:
(A) illness;
(B) military service; or
(C) family emergency.
The department will consider such instances on a case-by-case
basis.
(5) A
raptor in temporary care will remain on the falconry license of the individual
identified on the Form 3-186A. If the caregiver is also a license holder, the
raptor will not be counted against the limit of raptors that can be possessed
by the caregiver.
(s) To
practice falconry, an individual who resides in the state of Indiana for more
than one hundred twenty (120) consecutive days, but does not maintain a primary
residence in the state, must:
(1) obtain a
license under this section within one hundred twenty (120) days of arriving in
Indiana;
(2) be a valid license
holder in the individual's state of residence; and
(3) possess only the number and species of
raptors authorized under this section for the license class held.
(t) Regardless of the number of
state, tribal, or territorial falconry permits possessed, the following:
(1) An apprentice class license holder shall
possess not more than one (1) raptor at a time as follows:
(A) The first raptor possessed must be
either:
(i) a wild American kestrel (Falco
sparverius); or
(ii) a wild
red-tailed hawk (Buteo jamaicensis); that the apprentice class license holder
actively participated in capturing from the wild.
(B) After possessing a raptor described in
clause (A) for six (6) months or longer, an apprentice class license holder may
subsequently possess:
(i) an American kestrel
(Falco sparverius);
(ii) a
red-tailed hawk (Buteo jamaicensis); or
(iii) a Harris's hawk (Parabuteo unicinctus);
that is wild or captive-bred and chamber-raised.
(C) The raptor must not be taken from the
wild as an eyass.
(D) The raptor
must not be imprinted on humans.
(2) A general class license holder shall not
possess more than three (3) raptors as follows:
(A) The raptors may be of any Falconiform or
Strigiform species except a:
(i) federally
listed threatened or endangered species;
(ii) bald eagle (Haliaeetus
leucocephalus);
(iii) white-tailed
eagle (Haliaeetus albicilla);
(iv)
Steller's sea eagle (Haliaeetus pelagicus); or
(v) golden eagle (Aquila
chrysaetos).
(B) The
raptors may be wild, captive-bred, or hybrid species.
(3) A master class license holder may possess
any Falconiform or Strigiform species except a bald eagle as follows:
(A) Only five (5) of the raptors possessed,
including golden eagles, may be wild raptors.
(B) An unlimited number of captive-bred
raptors may be possessed only if the license holder:
(i) trains them in the pursuit of wild game;
and
(ii) uses them in
hunting.
(C) Only one
(1) federally listed threatened or endangered species of raptor may be
possessed.
(D) A maximum of three
(3) eagles of the species:
(i) golden
eagle;
(ii) white-tailed eagle;
or
(iii) Steller's sea eagle; may
be possessed if the department approves a request to possess an eagle under
clause (E).
(E) A master
class license holder shall obtain the approval of the department before
obtaining an eagle under clause (D) by submitting documentation of the
following:
(i) The license holder's
experience in handling large raptors, including information about the species
the individual has handled and the type and duration of the activity in which
the experience was gained.
(ii) At
least two (2) letters of reference from individuals with experience handling or
flying, or both, large raptors such as eagles, ferruginous hawks (Buteo
regalis), red-tailed hawks (Buteo jamaicensis), goshawks (Accipiter gentilis),
or great horned owls (Bubo virginianus). Each must contain a concise history of
the author's experience with large raptors, which can include, but is not
limited to, handling of raptors held by zoos, rehabilitating large raptors, or
scientific studies involving large raptors. Each letter must also assess the
license holder's ability to care for eagles and fly them in falconry.
(u) A license
holder may take a raptor from the wild for use in falconry only as follows:
(1) A license holder may take not more than
two (2) raptors from the wild annually.
(2) A license holder must not take a species
of raptor from the wild in Indiana that is classified as threatened or
endangered under:
(3) An individual with a falconry license
issued by another state may lawfully take a raptor in Indiana only if the
individual has a master or general class falconry license issued from the state
of residence.
(4) Eyasses may be
taken from the wild only by the holder of a general or master class falconry
license from January 1 through August 31 of each year subject to the following
restrictions:
(A) The holder of a general
class falconry license may take only one (1) eyass each year.
(B) The holder of a master class falconry
license may take not more than two (2) eyasses each year.
(C) At least one (1) eyass must remain in the
nest.
(5) A license
holder may take passage birds from September 1 through the last day of February
of the following year.
(6) A
license holder may take only the following species of raptor over one (1) year
of age:
(A) American kestrel (Falco
sparverius).
(B) Great horned owl
(Bubo virginianus).
These raptors may be taken at any time of
year.
(7) A
license holder may not intentionally capture a raptor species that may not be
possessed by the license holder.
(8) A license holder must not take raptors at
any time or in any manner that violates any law on whose land the license
holder is trapping.
(9) A license
holder must immediately release any raptor that is captured unintentionally or
is not allowed to be possessed.
(10) A master class license holder authorized
to possess golden eagles may capture an immature or subadult golden eagle in a
livestock depredation area in accordance with
50 CFR
21.29.
(11) A master class license holder may take
not more than one (1) raptor of a federally threatened species from the wild
each year if:
(A) the take is allowed in the
location where the raptor was taken;
(B) the raptor is taken in accordance with
this section; and
(C) a federal
endangered species permit is obtained before taking the raptor.
(12) Raptors may be taken by an
individual other than the license holder as follows:
(A) If the license holder is present at the
capture site, as follows:
(i) The individual
capturing the raptor is not required to hold a license under this
subsection.
(ii) The capture of the
raptor counts towards the take of wild raptors by the license holder.
(iii) The license holder must fulfill the
requirements of subsection (l).
(B) If the license holder is not present at
the capture site, as follows:
(i) The
individual capturing the raptor must hold a general or master class falconry
license.
(ii) The individual
capturing the raptor must fulfill the requirements of subsection (l) and if the
raptor is transferred to another license holder the license holder who retains
the raptor shall also fulfill the requirements of subsection (l).
(C) Notwithstanding clause (B),
the holder of a general or master class falconry license may capture a raptor
for a license holder who has a long-term or permanent physical impairment that
prevents him or her from attempting to capture a raptor species to use for
falconry. The license holder with the long-term or physical impairment who
retains the raptor shall:
(i) fulfill the
requirements of subsection (l); and
(ii) count the raptor towards the take of
wild raptors.
(13) Except under subdivision (12)(C), a
license holder who captures a wild raptor and transfers the wild raptor to
another license holder in the same calendar year must count the raptor as one
(1) of the raptors the license holder is allowed to take from the wild that
year. The transferred wild raptor will not count against the take of wild
raptors by the transferee.
(14) If
a raptor is injured by the trapping efforts of a license holder, the license
holder must:
(A) put the raptor on the
license holder's falconry license and:
(i)
count the raptor against the license holder's take of wild raptors;
(ii) count the raptor against the license
holder's limit of raptors that can be possessed;
(iii) fulfill the requirements of subsection
(l); and
(iv) have the raptor
treated by a veterinarian or a wild animal rehabilitator licensed under section
9 of this rule and
50 CFR
21.29; or
(B) give the raptor directly to:
(i) a licensed veterinarian;
(ii) a wild animal rehabilitator licensed
under section 9 of this rule and
50 CFR
21.29; or
(iii) an appropriate department employee.
Under either option, the license holder is responsible for
the costs of care and rehabilitation of the raptor.
(15) A master class license holder
may take an unbanded, juvenile peregrine falcon (Falco peregrines) from the
wild in accordance with the season dates and bag limit authorized in 50 CFR
20
and this section and only with prior written approval from the division.
(v) A license holder may
acquire any age of raptor of a species the license holder is authorized to
possess directly from a rehabilitator only as follows:
(1) Transfer to a license holder is at the
discretion of the rehabilitator.
(2) A raptor that is acquired from a
rehabilitator will count as one (1) of the raptors allowed to be taken from the
wild that year.
(w) A
license holder may transfer raptors as follows:
(1) A captive-bred raptor marked with a
seamless metal band or microchip may be sold, purchased, bartered, or traded to
an individual who is authorized to possess captive-bred raptors.
(2) A wild raptor may be given to the holder
of another permit type as follows:
(A) To the
holder of a raptor propagation permit, including the falconry license holder,
as follows:
(i) A sharp-shinned hawk
(Accipiter striatus), Cooper's hawk (Accipiter cooperii), Merlin (Falco
columbarius), or American kestrel after used in falconry for at least one (1)
year.
(ii) All other wild raptors
after used in falconry for two (2) years.
(B) At any time after the license holder's
acquisition of a wild raptor the raptor may be transferred to the holder of
another permit type that authorizes the possession of the wild raptor if the
wild raptor has been injured and a licensed veterinarian or wild animal
rehabilitator licensed under section 9 of this rule has determined that the
wild raptor can no longer be flown for falconry. The license holder shall
submit a certification from the veterinarian or wild animal rehabilitator
confirming that the wild raptor is not useable in falconry.
(3) Unlimited transfers of wild or
captive-bred raptors are allowed, but a license holder must not exceed the
limit of raptors that can be possessed for the license class held.
(x) A species or
subspecies that was recently removed from the federal List of Endangered and
Threatened Wildlife may be used in falconry only if:
(1) the U.S. Fish and Wildlife Service has
published a management plan for the species;
(2) take of the species is authorized by the
management plan; and
(3) the raptor
is taken in accordance with the management plan.
(y) Raptors captured with bands, markings, or
transmitters are subject to the following:
(1) A license holder may take a raptor banded
with a Federal Bird Banding Laboratory aluminum band if authorized under
subsections (t) and (u), except for a peregrine falcon, which must be released
immediately.
(2) A license holder
who captures a raptor, including a peregrine falcon, that has a Federal Bird
Banding Laboratory aluminum band, or other research band, research marking, or
transmitter shall:
(A) promptly report the
band numbers and all other relevant information to the Federal Bird Banding
Laboratory at 1-800-327-2263; and
(B) if the raptor is a peregrine falcon that
is fitted with a research band (such as a colored band with alphanumeric codes)
or research marking, immediately release the raptor, except as authorized in
subdivision (3).
(3)
Notwithstanding subdivisions (1) and (2), a license holder who captures a
raptor, including a peregrine falcon, that is fitted with a transmitter may
possess the raptor for a maximum of thirty (30) days to do the following:
(A) Contact the researcher.
(B) At the discretion of the researcher,
allow the researcher or the researcher's designee to:
(i) replace the transmitter;
(ii) replace the transmitter batteries;
or
(iii) remove the transmitter. If
the researcher removes the transmitter the license holder may keep the raptor
if the license holder lawfully took and is authorized to possess the
raptor.
(4)
If a license holder temporarily possesses a raptor under this subsection, it
will not count against the license holder's limit of raptors that can be
possessed.
(z) A license
holder may recapture a falconry raptor, including a peregrine falcon that has a
leg band, a seamless metal band, a transmitter, falconry equipment, or any
other item attached to its body identifying it as a falconry raptor.
(1) A license holder who recaptures a
falconry raptor shall comply with the following:
(A) Report the capture to the department
within five (5) working days after the capture.
(B) Return the raptor to the individual who
lost it if the individual is authorized to possess it.
(C) Dispose of a raptor whose legal
possession cannot be determined at the direction of the department.
(2) A license holder may keep a
falconry raptor that was lawfully recaptured if the individual who lost the
raptor is not authorized to possess the raptor or does not wish to possess
it.
(3) The temporary possession of
a falconry raptor under this subsection will not count against the license
holder's limit of raptors that can be possessed.
(4) The recapture of a wild raptor is not
considered to be taking a raptor from the wild.
(aa) Raptors possessed under the falconry
license of a deceased license holder may be transferred by the:
(1) surviving spouse;
(2) executor;
(3) administrator; or
(4) other legal representative;
to another license holder within ninety (90) days of the
death of the license holder. After ninety (90) days, disposition of a raptor
held under a falconry license of deceased individual is at the discretion of
the department.
(bb) The permanent release of raptors to the
wild must comply with the following:
(1) A
license holder shall not permanently release a raptor that is:
(A) not native to the state of Indiana;
or
(B) a hybrid.
(2) A license holder may release a
captive-bred raptor that is native to Indiana at an appropriate time of year
and an appropriate location only after:
(A)
obtaining prior written approval from the department; and
(B) hacking the raptor under subsection (dd)
at an appropriate time of year and an appropriate location.
(3) A license holder may release a
wild raptor that is native to Indiana at an appropriate time of year and an
appropriate location without prior approval from the department. A license
holder must:
(A) remove the raptor's leg band
prior to the release; and
(B)
return the leg band to the department.
(cc) To hack a raptor, a general or master
class license holder must:
(1) obtain the
prior written approval from the department;
(2) include the raptor against the license
holder's limit of raptors that can be possessed;
(3) be authorized to possess the raptor being
hacked; and
(4) contact the
department before hacking a raptor to ensure that the license holder does not
conduct hacking activities:
(A) near a nesting
area of a federally threatened or endangered bird species; or
(B) in any other location where the raptor is
likely to harm a federally listed threatened or endangered animal species that
might be disturbed or taken by the falconry bird.
A license holder can contact the United States Fish and
Wildlife Service office in Indiana for information on state and
federally-endangered species.
(dd) A license holder may use other
acceptable falconry practices in training and conditioning raptors, including:
(1) the use of creance (tethered)
flying;
(2) lures;
(3) balloons; or
(4) kites.
(ee) A license holder must never
intentionally release a raptor for free flight while it is wearing "slitted"
style mew jesses.
(ff) A license
holder shall affix at least two (2) functioning radio transmitters to any
hybrid raptor being free flown for any reason.
(gg) A license holder hunting with a raptor
may be accompanied by other individuals who shall not:
(1) have paid a fee or received any other
compensation of any type to accompany the license holder; and
(2) handle a raptor possessed by a license
holder except to hold or practice flying the raptor while under the direct and
on-site supervision of the license holder.
(hh) A license holder may hunt wild animals
by the use of a raptor only as follows:
(1)
The season for hunting:
(A) eastern
cottontail rabbits, northern bobwhite quail, and ring-necked pheasants is from
September 1 through February 28 of the following year; and
(B) gray and fox squirrels is from August 15
through February 15 of the following year.
(2) The daily bag limit per raptor is two (2)
rabbits, two (2) squirrels, one (1) quail, and one (1) pheasant, except during
the seasons for these wild animals established under 312 IAC
9-3 and
312 IAC
9-4, when the daily bag limits established under those rules apply.
(3) The season and bag limits for taking
waterfowl and migratory birds are those set forth in 312 IAC
9-4 and
50 CFR
21.
(4) If a raptor kills an animal
without the intent of the license holder that is:
(A) not in the regular hunting season;
or
(B) in excess of a bag limit;
the license holder must not possess the animal but the raptor
may feed upon the carcass before leaving the site.
(5) A license holder may hunt a species
listed in this subsection during any time of day.
(6) A license holder may possess a handgun in
accordance with IC 35-47 while hunting with a raptor under this
section.
(7) A license holder must
ensure that the raptor does not take state or federally listed threatened or
endangered wild animals. A license holder can contact the United States Fish
and Wildlife Service office in Indiana for information on federally listed
threatened or endangered species. A license holder must report the take of any
federally listed threatened or endangered species to the United States Fish and
Wildlife Service Ecological Services Field Office for the location in which the
take occurred.
(8) A license holder
may hunt wild animals under this subsection on:
(A) public lands where authorized;
and
(B) private lands with the
permission of the landowner or custodian.
(9) A license holder may hunt the following
species of birds:
(B) European starlings.
(C) English sparrows.
(D) Rock pigeons.
The use or aid of a motor driven conveyance that is not under
power or in motion and on private property is allowed under this subsection.
Except as authorized under subdivision (6), the license holder shall not
possess a firearm of any type while using a motor driven conveyance.
(10) A license holder
may hunt a wild animal without wearing hunter orange only on property in which
a local ordinance prohibits the use of firearms.
(ii) Only a license holder may possess a wild
animal taken with the aid of a raptor, except that a license holder may give to
another individual one (1) or more carcasses or parts of wild animals lawfully
taken by a raptor with no compensation of any kind. A wild animal that is
gifted must have a tag attached that contains the following information:
(1) The license holder's name and
address.
(2) The total number and
species of wild animals taken.
(3)
The date the wild animal was taken.
(4) The signature of the license holder whose
raptor took the wild animal.
(jj) Abatement activities may be conducted by
the following:
(1) The holder of a master
class license with a raptor possessed under this section only if the license
holder has been issued a special purpose abatement permit issued by the United
States Fish and Wildlife Service.
(2) The holder of a general class license
with a raptor possessed under this section only as a subpermittee of the holder
of a special purpose abatement permit.
A license holder may receive payment for providing abatement
services.
(kk) A
license holder may hunt any species listed in 50 CFR Part
21.43, 44, 45, or 46
with a raptor at any time in accordance with the conditions of an applicable
depredation order issued under 50 CFR
22, as long as the license holder is not
paid for doing so.
(ll) A license
holder may fly raptors at and take pen-raised ring-necked pheasants and
northern bobwhite quail that have been released into the wild for training
purposes:
(1) on a dog training ground
licensed under section 16 of this rule;
(2) on a shooting preserve licensed under IC
14-22-31; or
(3) during the season
for that species in accordance with 312 IAC
9-4.
(mm) A license holder may use a raptor
possessed under this section in conservation education programs presented in
public venues as follows:
(1) A license holder
may present conservation education programs as follows:
(A) A license holder is not required to
obtain a special purpose educational permit under section 9.5 of this rule
provided that any fee charged does not exceed the amount required to recoup the
costs of presenting the program.
(B) A license holder shall hold a valid
special purpose educational permit under section 9.5 of this rule if the
license holder presents conservation education programs for profit.
(2) An apprentice class license
holder may present conservation programs only under the direct supervision of a
general or master class license holder.
(3) A raptor used in conservation education
programs must be used by the license holder primarily for falconry.
(4) All conservation education programs must
provide information about:
(A) raptor
biology;
(B) the ecological role of
raptors; and
(C) the conservation
needs of raptors and other migratory birds; although not all of these topics
must be addressed in every presentation.
(5) A raptor mounted by a taxidermist under
subsection (rr)(3)(B) may be used in conservation education programs.
(6) The license holder is responsible under
50 CFR
13.50 for all liability associated with
conservation education activities undertaken.
(nn) A license holder may use raptors
possessed under this section in captive propagation if the license holder or
the person overseeing the propagation has a raptor propagation permit from the
U.S. Fish and Wildlife Service. A license holder:
(1) is not required to transfer a raptor from
his or her falconry license if the raptor is used in captive propagation for
fewer than eight (8) months in a twelve (12) month period of time;
and
(2) must permanently transfer
the raptor to the raptor propagation permit and band the raptor as required in
50 CFR
21.30 if the raptor is used in captive
propagation for more than eight (8) months in a twelve (12) month period.
(oo) As follows, a
license holder:
(1) May without receiving
compensation allow a raptor possessed under this section to be photographed,
filmed, or depicted visually by other means to create sources of information on
the following:
(A) The practice of
falconry.
(B) Raptor
biology.
(C) The ecological role of
raptors.
(D) The conservation needs
of raptors and other migratory birds.
(2) Is prohibited from allowing a raptor
possessed under this section to be used for the purpose of the following:
(A) Making the following:
(i) Movies or other commercial
entertainment.
(ii) Commercials or
other advertisements.
(iii) Any
other commercial ventures that are not related to falconry.
(B) Promoting or endorsing any:
(i) products;
(ii) merchandise;
(iii) goods;
(iv) services;
(v) meetings; or
(vi) fairs;
except as provided in subdivision (3).
(C) Representing any:
(i) business;
(ii) company;
(iii) corporation; or
(iv) other organization.
(3) May with or without receiving
compensation use a raptor possessed under this section to promote or endorse
the following:
(A) A nonprofit falconry
organization or association.
(B)
Materials, equipment, products, or endeavors related to falconry, including
falconry training and education.
(C) Scientific research and publication.
(pp) A general
or master class license holder may assist a wild animal rehabilitator licensed
under section 9 of this rule and
50 CFR
21.31 to condition raptors in preparation for
their release to the wild only as follows:
(1) The license holder must possess a
document from the rehabilitator that:
(A)
identifies the raptor; and
(B)
explains that the license holder is assisting in the raptor's
rehabilitation.
(2) If
the license holder's facilities comply with this section, notwithstanding
section 9 of this rule, the license holder is not required to comply with the
housing facility standards and is not subject to inspection under:
(A) section 9 of this rule; or
(3) A license holder must do the following:
(A) Return any raptor that cannot be
permanently released to the wild to the rehabilitator for placement within one
hundred eighty (180) days unless the United States Fish and Wildlife Service
Migratory Bird Permit office authorizes the license holder to retain the raptor
for longer than one hundred eighty (180) days.
(B) Upon coordination with the rehabilitator:
(i) release all releasable raptors to the
wild or return them to the rehabilitator for release within the one hundred
eighty (180) days unless the United States Fish and Wildlife Service Migratory
Bird Permit office authorizes the license holder to retain and condition the
raptor for longer than one hundred eighty (180) days; or
(ii) transfer the raptor to the license
holder's falconry license.
(4) The raptor in the possession of a license
holder will remain under the permit of the wild animal rehabilitator and is not
required to be added to the falconry license unless transferred under
subdivision (3)(B)(ii).
(qq) A license holder shall manage feathers
of raptors as follows:
(1) For imping, a
license holder may possess flight feathers for each species of raptor possessed
or previously held for as long as the person has a valid falconry
license.
(2) A license holder may
for imping purposes receive feathers from and give feathers to other
individuals holding valid licenses under:
(A)
this section;
(B) section 9 of this
rule for wild animal rehabilitation; or
(C)
50 CFR
21.30 for raptor propagation in the United
States.
(3) A license
holder may donate raptor feathers, except golden eagle feathers, to:
(A) any person or institution with a valid
permit to possess them; or
(B)
anyone exempt from the permit requirement under
50 CFR
21.12.
(4) A license holder is not required to
gather feathers that are molted or otherwise lost by a raptor except for
primary or secondary flight feathers or retrices from a golden eagle.
(5) A license holder must collect all molted
flight feathers and retrices from a golden eagle. If the license holder does
not need the feathers for imping purposes or upon expiration, denial,
suspension, or revocation of a falconry license, the license holder shall send
all feathers (including body feathers) to the National Eagle Repository at the
following address: U.S. Fish and Wildlife Service, National Eagle Repository,
Rocky Mountain Arsenal, Building 128, Commerce City, Colorado 80022.
(6) A license holder must not buy, sell, or
barter raptor feathers.
(7) Upon
the expiration, denial, suspension, or revocation of a falconry license, all
feathers of any species of raptor except a golden eagle must be:
(A) given to an individual or any institution
exempt from the permit requirements under 50 CFR
21.12;
(B) given to an individual authorized by
permit to acquire and possess the feather;
(C) burned;
(D) buried; or
(E) otherwise destroyed.
(rr) A license holder must dispose
of a carcass of a raptor possessed under this section only as follows:
(1) For golden eagles, the entire body,
including all feathers, talons, and other parts, must be sent to the National
Eagle Repository.
(2) For all other
species, the body or feathers of the raptor must be:
(A) given to an individual or institution
exempt from permit requirements under
50 CFR
21.12;
(B) given to an individual authorized by
permit to acquire and possess such parts or feathers;
(C) burned;
(D) buried; or
(E) otherwise destroyed;
within ten (10) days of the raptor's death or final
veterinarian examination to determine the cause of death.
(3) A license holder may keep the
body of any falconry raptor, except a golden eagle, if the raptor was banded or
microchipped prior to its death for:
(A)
feathers useable for imping; or
(B)
mounting by a taxidermist with the:
(i) leg
band remaining on the body; or
(ii)
microchip left in place.
(4) The license holder shall take appropriate
precautions to avoid the risk of secondary poisoning of eagles and other
scavengers by carcasses of euthanized raptors.
(5) A license holder who does not:
(A) donate the carcass or feathers;
or
(B) have the body mounted by a
taxidermist;
may possess the flight feathers for as long as the license
holder holds a valid license under this section and maintains documentation of
the acquisition of the raptor.
(ss) A license may be suspended, denied, or
revoked if the license holder fails to comply with any of the following:
(1) This section.
(2) IC 14-22.
(tt) A license holder may seek administrative
review under IC 4-21.5 of an action to suspend, deny, or revoke a license.