N.Y. Comp. Codes R. & Regs. tit. 6 § 173.2

Current through Register Vol. 46, No. 50, December 11, 2024

Section 173.2 - Falconry license

(a) A New York State resident must possess a valid apprentice, general or master falconry license issued pursuant to this part, to obtain, buy, sell, barter, possess and train raptors for falconry or to engage in falconry.

(b) A nonresident of New York State may engage in falconry in New York State without a New York State falconry license provided he or she meets all the following requirements:

(1) possesses a valid New York nonresident license authorizing the hunting of small game;

(2) possesses written proof that he or she is legally authorized to engage in falconry in the State where he or she resides;

(3) possesses written proof that he or she legally possesses the raptor(s) to be used for falconry in New York State.

(c) Application for, or renewal of, a falconry license must be made on forms provided by the department. All falconry licenses shall expire on December 31st every fifth year following issuance. The fee for a falconry license is $40.

(d) A person must meet all of the following requirements to be issued a falconry license:

(1) receive a score of 80 percent or higher on a written examination administered by the department to test the applicant's knowledge of falconry and related matters; and

(2) possess equipment and facilities for housing raptors that meet or exceed the standards for care of raptors listed in section 173.6 of this Part; and

(3) possess a valid New York State hunting license authorizing the hunting of small game.

(e) The department issues three types of falconry licenses:

(1) apprentice falconry license. Apprentice falconers must:

(i) be at least 14 years old; and

(ii) if under 18 years of age, have a parent or legal guardian sign their application; and

(iii) have a sponsor who is a licensed general or master falconer in New York who has at least two years of experience in the practice of falconry as a licensed general falconer; and

(iv) be under the direct supervision of his or her sponsor on at least the first two occasions when the apprentice hunts with a raptor; and

(v) comply with requests by his or her sponsor to ensure adequate training and to provide for the care of the raptors.

(2) apprentice falconers may not:

(i) possess more than one raptor and may not obtain more than one raptor for replacement during any calendar year; or

(ii) capture or possess nestling raptors.

(3) apprentice falconers may:

(i) only possess an American kestrel (Falco sparverius) or a red-tailed hawk (Buteo jamaicensis) taken from the wild; and

(ii) capture raptors listed in subparagraph (i) of this paragraph only under the direct supervision of their sponsor.

(4) general falconry license. General falconers must:

(i) be at least 18 years old; and

(ii) have practiced falconry with wild raptor(s) at the apprentice falconer level or the equivalent for at least two years including maintaining, training, flying and hunting the raptor(s) for at least four months in each year; and

(iii) provide a written summary to the department documenting their experience maintaining falconry raptors including a summary of what species they held as an apprentice falconer and how long each bird was possessed; and

(iv) provide written recommendation for advancement to the general falconry license by his or her sponsor and at least one other New York State general or master falconer who has evaluated the apprentice in the field to ascertain the candidate's level of proficiency in the sport of falconry and the skill and ability in the care of raptors commensurate with the activities and responsibilities of a general falconer.

(5) general falconers may not:

(i) possess more than three raptors and may not obtain or take more than two replacement raptors during any calendar year; or

(ii) sponsor more than three apprentice falconers at any one time; or

(iii) sponsor an apprentice falconer unless the general falconer has at least two years of experience in the practice of falconry as a licensed general falconer.

(6) master falconry license. Master falconers must:

(i) have at least five years of experience in the practice of falconry as a licensed general falconer or the equivalent; and

(ii) have possessed a raptor for at least three years of the time specified in subparagraph (i) of this paragraph; and

(iii) provide written recommendations for advancement to the master license from three master falconers who have evaluated the general falconer in the field to ascertain the candidate's level of proficiency in the sport of falconry and the skill and ability in the care of raptors commensurate with the activities and responsibilities of a master falconer; and

(iv) be approved, in writing, for advancement to the master license by the Falconry Advisory Board.

(7) master falconers may not:

(i) possess more than 13 raptors at any one time during the calendar year not to exceed more than five raptors taken from the wild; or

(ii) possess more than three of the following species: white-tailed eagle (Haliaeetus albicilla) or Steller's sea eagle (Haliaeetus pelagicus) at any one time during the calendar year, however, you may possess a white-tailed eagle or Steller's sea eagle only if you meet the qualifications set forth under paragraph (9) of this subdivision. A white-tailed eagle or Steller's sea-eagle will count as one of the raptors you are allowed to possess; or

(iii) take more than two raptors from the wild as replacements during a calendar year; or

(iv) sponsor more than three apprentice falconers at any one time.

(8) master falconers may obtain any number of captive bred raptors as replacements during the calendar year, however, the falconer must train them in the pursuit of wild game and use them in hunting;

(9) master falconers may possess white-tailed eagles or Steller's sea eagles provided he or she:

(i) submits a written account of their experience to the department in handling large raptors, including information about the species they have handled and the type and duration of the activity in which they gained the experience; and

(ii) submits two letters of reference from individuals with experience handling or flying large raptors such as eagles, ferruginous hawks (Buteo regalis), goshawks (Accipiter gentilis), or great horned owls (Bubo virginianus); and

(iii) receives approval, in writing, from the Falconry Advisory Board following review and approval of the documentation required in subparagraphs (i) and (ii) of this paragraph.

(f) The department may add conditions to any falconry license to effect the purposes of title 10 of article 11 of the Environmental Conservation Law.

(g) The department may seize and place raptor(s) held pursuant to a falconry license if the falconer:

(1) fails to provide proper care for the raptors in his or her possession that jeopardizes the health or welfare of the bird; or

(2) allows raptor(s) in his or her possession to become a public nuisance; or

(3) no longer possesses a valid falconry license; or

(4) fails to comply with the terms or conditions of the falconry license; or

(5) fails to comply with the license renewal procedures provided in subdivision (c) of this section; or

(6) takes, acquires or possesses raptors exceeding the limits of their license class provided in subdivision (e) of this section.

(h) The department may deny or refuse to renew a falconry license to any individual who within the three years prior to application for a falconry license or renewal of a falconry license has been convicted of or settled by civil compromise any violation of any provision of the Environmental Conservation Law or regulation of the department.

(i) All falconers must submit an annual falconry report to the department by December 31st of each year, on forms provided by the department. This report must state, for the preceding year, the band number(s) of the species (if applicable), species, sex, age and the dates of acquisition, where or from whom these raptors were acquired, and any other information requested on the forms.

(j) A falconer whose license has lapsed for fewer than five years may have their license reinstated at the level it was previously held provided the falconer can provide proof of certification at that level.

(k) A falconer whose license has lapsed for five years or longer may have their license reinstated at the level it was previously held provided the falconer completes the steps outlined in subdivision (d) of this section.

N.Y. Comp. Codes R. & Regs. Tit. 6 § 173.2