N.Y. Comp. Codes R. & Regs. tit. 6 § 173.6

Current through Register Vol. 46, No. 51, December 18, 2024

Section 173.6 - Care of raptors

(a) Each falconer must provide care for raptors in his or her possession. Such care must include at a minimum all of the following:

(1) Indoor facilities (mews) will include:

(i) inside dimensions not less than eight feet in each direction. In no case shall small wire bird cages sold in pet stores for smaller birds be used to house raptors;

(ii) interior surfaces containing no beams, ledges, or other protrusions on which the raptors might injure themselves, unless raptors are to be maintained tethered;

(iii) at least one window, with vertical bars or rods on the inside, spaced narrower than the width of the bird's body, on the south or east portion of the mews, of sufficient size to pass sunlight and ventilation sufficient to maintain the raptors in good health. The outside of the windows should be covered with a screen or 1/4" or 1/2" hardware cloth (wire) to prevent entrance of rats or weasels;

(iv) at least one door to permit easy access and cleaning of facilities. If such door opens directly to the out-of-doors, it shall have a shield or another door on the inside to prevent escape of the raptor, and shall be key-locked and have a spring or hook on the inside to keep it closed;

(v) floor surface which shall permit easy cleaning and shall be well drained;

(vi) a perch, of such size, strength, and construction as to permit the raptors to grip and hold it with their talons safely and in a manner in keeping with the birds' perching habits in the wild; and

(vii) a pan of clean water for each raptor.

(2) Outdoor facilities will include:

(i) sufficient space to allow tethered raptors to bate (attempt flight) without striking wings on the sides or top of the facility; and

(ii) sides and top of facility enclosed with material suitable to exclude predators.

(3) Environmental protection will include:

(i) maintenance of facility temperature within healthful range;

(ii) shielding from high wind and winter storms;

(iii) protection from avian and ground predators; and

(iv) prevention of disturbances which would likely cause injury.

(4) Equipment will include:

(i) a pair of Aylmeri (style) jesses (or similar type). An Aylmeri jess consists of an anklet, grommet, and a removable strap for attaching the anklet and grommet to the swivel;

(ii) a swivel which is strong enough that the raptor cannot break it, but not so large as to weigh the bird down or injure it;

(iii) a leash of quality leather or synthetic material;

(iv) a bath container, two to six inches deep and wider than the length of the raptor, for drinking and bathing, for each raptor;

(v) an outdoor perch, for each raptor, of such size, strength, and construction as to permit the raptor to grip and hold it with its talons safely and in a manner in keeping with the birds perching habits in the wild; and

(vi) a reliable weighting scale or balance graduated in increments of not more than one half ounce (15 grams).

(5) Care will include:

(i) provision at all times of conditions sufficient for maximum health, comfort, safety, and security of the raptor;

(ii) removal of waste and other debris as well as soiled floor covering material as necessary to comply with subparagraph (i) of this paragraph; and

(iii) maintenance of the raptor facilities and equipment in a state of complete repair at all times.

(b) A falconer may designate in writing another person to care for the falconer's raptor(s) in the event that the falconer is absent or in an emergency. If the period of care will exceed 30 days, the falconer must notify and obtain the department's prior approval and inform the department in writing of where the bird is to be held, who is to care for it, and approximately how many days it is to be in the care of the second person.

(c) A falconer may house their raptor(s) on property owned by another where the falconer resides, or at a different location.

(1) Regardless of location, the facilities must meet the standards of this section.

(2) The falconer must submit a signed and dated statement showing that the falconer or the property owner agrees that the falconry facilities, equipment, and raptors may be inspected without advance notice by the department at any reasonable time of day. Inspections must be in the presence of the licensee.

N.Y. Comp. Codes R. & Regs. Tit. 6 § 173.6