taying legal is sometimes complex in falconry as it is a sport highly regulated by complex federal and state laws. Even those who strive to keep legal may only be meeting the spirit of the law and not holding to the letter of the law. Others may not have kept all the documentation that they should to protect themselves. This is a collection of thoughts on how to make sure you are in compliance. It is not to be taken for legal advice. First, don't do anything illegal. Second, understand both the spirit of the laws and the letter of the laws. Laws vary from state to state. This is a mixture of thoughts from a variety of regions and states. Paperwork Always have your paperwork up to date. Keep copies of everything. Keep copies of paperwork you fill out, papers agencies send you, checks, and any official cards. Keep copies of import/export permits, letters from people for whom you have cared for birds in the past, letters from the state or federal agencies concerning falconry, facility inspection reports, license copies, permit copies, and any paperwork you fill out that is sent to agencies. Keep your paperwork for at least 5 years, and this means that you must keep the paperwork related to a particular bird for an additional five years after that bird is no longer in your possession. By law (50 CFR 13.46) you must keep it for 5 years, but holding it for longer should not hurt, and keeping it stored permanently is a very good idea. Keep your paperwork in chronological order, make copies so that if the originals are lost or damaged you will have copies. Do not lose your paperwork. Although I know of no falconry example, some licenses are considered void if they are not able to be produced by the holder. Just don't lose it. Don't relinquish control of your license. Although awkward, legally handing over your paperwork to anyone and physically releasing your hold on it can be construed as relinquishing control of it. A few cases (non-falconry) have been upheld that although the documents were produced and handed over for the intent of inspection, the confiscation was within the limits of the law. Always have your bird accompanied by a copy of the proper paperwork. Carry a copy of your paperwork with you whenever you are with your bird - traveling or hunting. Although unnecessary it can resolve many issues. Put a copy taped inside the hawk box, a copy inside the first aid kit, a copy inside your hawking bag, a copy inside your car, and a copy on your mews. Copies are cheap and take up almost no room, so use this to your advantage. If you are housing or handling another person's bird in their absence, be sure to have a letter signed and dated stating that you are caring for the bird in their absence. This sort of letter is typically only good for 30 days. A sample template can be found on the Publications page. If you are handing a bird over to a very trusted friend, also consider granting Power of Attorney. Theoretically this means that the person could write another 30 day temporary possession paper and sign it for you. It also means he could sell your house, though. If you are leaving a bird in the care of another falconer, leave them at least with a signed letter. Contacting your raptor vet and leaving a note with him explicitly stating that the falconer who is caring for your bird during your absence may authorize veterinary work is also a good idea. Keep records. If in doubt, when you send mail to the department officials send it via certified mail, keep track of phone conversations, names, and topics. Facilities Keep all falconry equipment in one place, preferably not in the house. Keep it in a separate shed or building if possible, or at the very least in your garage. Keep all necessary equipment such as your legally required scales and food in this location. If there is an inspection that goes further than a basic inspection, the rest of your home is not open for a falconry inspection without a specific search warrant. If you have a personal or hunting diary, keep it elsewhere. Some falconers also post a sign on the door to their mews informing that the bird is kept according to federal and state laws and interfering with the facility is prosecutable. A sample template can be found on the Publications page. If your mews could inadvertently be opened, keep a padlock on the door. Have a copy of the latest pertinent rules and regulations printed out and carry that with you or put it in your mews/weathering yard. If you have a doubt whether something is legal or not, ask. Consider a no tresspassing sign at the entrance to your property, however make sure that this sign does permit FedEx and general mail delivery. A sign stating "All inspections regarding falconry, rehabilitation, game, or raptors shall make arrangements for an appointment. Appointments are taken upon reasonable request by calling 555-1212." If you plan on voice recording or videotaping your mews or facilities, you must state this with something like "Visitors may be monitored by video camera and/or voice recording while on premises." Inspections If you are inspected, be cordial, courteous, and cooperative. Do not be confrontational. The people who are inspecting are from Law Enforcement and they typically have already reviewed your paperwork and know what they are coming in to review. Be polite, give information, and make sure you are honest. When inspected, greet the inspectors and establish the protocol up front. A basic inspection should take less than 30 minutes. If this is more than a basic routine inspection, then there needs to be a search warrant. Ask to schedule all but the basic inspection for another time when you can arrange to have your attorney present. Do not lie or try to pull a fast one on inspectors. They are not idiots and are there to do their job. Don't make it difficult for them to complete their inspection. Lying to an inspector is a felony. Unless presented with a legal search warrant, inspection and review of your paperwork can be conducted outside or in a designated place of your choosing, like your mews. The exception being if your dwelling also serves as the facilities where your bird is kept. Otherwise, keep the records with the bird. One falconer I know keeps the paperwork in the mews and paperclips the business card of a good attorney as a subtle and unspoken hint that they are informed and above reproach in their activities. I also include the business card of my veterinarian displaying that this bird is cared for and displayed in case of emergency. If you are inspected by any officials, State or Federal, have a portable tape recorder at hand and let them know the conversations will be tape recorded. Keep a record of the day, time, number of inspectors and their names as well as the general overview of the inspection. If you have not alerted inspectors that you are recording the communications by means of a sign on the property, and you wish to record the proceedings, you must alert them before recording. A conflict may be avoided by saying, "I'm sorry, I have a terrible memory. Do you mind if I record this?" If you are ever inspected, the location where you keep your hawk's food may also be subject for inspection. If your freezer is outside your house, this restricts inspectors from entering your house to inspect your freezer. Make sure your freezer is completely legal with regards to game and possession limits - review its contents occasionally. If you are asked about activities of another falconer, do not guess what the other falconer may or may not have done - simply refer the questioner to the other falconer. If asked, a polite response of, "That's not something I would know, and so I'll point you to Mr. Smith as I would hate to give you the wrong answer because I was ill informed." If you are asked about information other than that which directly involves a facilities inspection, politely wrap down the facilities inspection and insist that any other questions should be in the presence of your lawyer. Make an appointment for such an interview. Don't answer vague questions and don't answer with vague answers. It is not your role in this to provide extraneous information or decipher what is being asked for. Everyone wants to cooperate and even assist law enforcement, however your role is simply to answer questions relating to your falconry honestly and succinctly. Don't lie, don't bend the truth. If you must respond to a question that you are uncomfortable with, a response such as, "That is not a part of my facilities, my hunting, or my falconry," or, "That is not pertinent to an inspection," may be appropriate to keep to the issue. Falconers have no obligation to respond to questions not pertaining to the inspection of falconry equipment and papers. Although the regulations merely state that you are to have certain furniture, regulators may infer that you are to use them, or use them all the time. If in doubt or have circumstances that might arise where your legality will be called into question, hedge on the side of over-legal and put out the bathpan filled with water, even if your bird would never use it. Although proper raptor management may mean not always having a bathpan available, regulators may not understand this. Officials should understand that you are disinfecting or cleaning the pan and that it has temporarily been removed. Without a specific search warrant, your computer is never subject to viewing, inspection, or confiscation. If you are found to have a paperwork problem, you should do everything you can to correct it. However, if you do have a problem with your paperwork, expect a citation. According to NAFA legal counsel Frank Bond, if a citation is given and the falconer agrees (usually through signing the citation), all permits and licenses may be subject to revocation under 50 CFR 13. Signing any paperwork is your agreement with a citation. Legal discussion may be warranted between a cited falconer and the permitting offices to have assurances that if the fine is paid (acknowledgement of guilt) then permits and licenses will not be revoked. This may not be the outcome, but it is a possibility. If you are cited, seek legal advisement immediately! Your legal counsel should pay particular attention to CFR 50.13 which addresses "reconsideration or appeal." Hunting Do not take more than the legal limit of game per day. Do not have more than the legal limit for holding in your home, even in your freezer, even if it is destined to be fed through the bird's moult. It is still not legal, even if the intent is to provide the bird the best nutrition. Some states do not consider dressed game against the possession limit, others do not consider dressed and cut up game against their limit. If you plan on freezing game you take through the season for your bird's moult food, make sure you are possessing it in a legal manner. Do not remove live game from the field. Staged releases in the field and catch-and-release practices are acceptable, but many states restrict transporting live game to another location. This includes the intent to stock another field. Bring your Accidental Take form with you while you hunt as it is to be filled out prior to leaving the field. Although you can record the following before leaving the field on a separate piece of paper, having the form, or a copy of it, is a good idea. It requires: falconer's name, falconry permit number, date, species, sex (if known) of the quarry, and exact location of the kill. Trapping Be sure you know which trapping methods are allowed in your state. Some states, such as Washington, have legislation regarding certain types of traps that make this a grey area of the law. Bal-Chatris, pigeon harnesses, and even Dho Gazzas may fall into this category. (Without case law specifically addressing falconry trapping, we can only extrapolate current case law regarding gill nets and the I-713 language and intent.) Be sure you are within your wild take limit for any 12 month period. If your state requires bands, make sure they are properly attached and on the bird as soon as possible (in the field if your state gives bands before trapping). I would even make a copy of the band itself to keep in your files, or have a picture of your bird with the band on for your records. If somebody else has trapped for you (or taken an eyass) and you are not present at the trapping, be sure they fill out a 3-186 and do a formal transfer to you. Receiving a bird that does not have the proper paperwork with it will put you and your license in jeopardy. Even if your intent is honorable, you do not want to receive an illegal bird. If trapping for another person, you may not accept payment in any form (money, favors, etc). This legally is not a favor that the person did for you (indicating he is repaying something), it is a gift. Label your trap. It is illegal in many states to use a trap, snare, net, harnessed bait bird or other implement that is employed in an attempt to capture a raptor without said equipment being legibly marked with the name and address of the user. Some states specify that unattended traps must be labeled. No trap for a raptor should ever be completely unattended. Maintenance Don't let anyone talk you into anything you are skeptical of. Some folks are out there wanting to make trouble and you don't need to be a part of it. If you don't think something is legal, don't get involved. If somebody begs you to take a lovely bird off their hands as they "just can't take care of it" and it happens not to be properly papered, don't try to be kind and help the fellow and the bird out - that's not legal. The best intentions can lead to the worst results, and there have been instances of entrapment by agents of law enforcement to lure falconers to engage in illegal activities. You will need to notify the state and feds if you: change address, lose a bird, have a bird die, change your name, or have any other status change. Do not allow your license to lapse, even if you are between your apprentice and general and do not have a bird. Always have a current license covering you. You will need to renew federal papers by Dec 31 of its second year - they are valid for no more than 3 years from when it is issued or renewed, and will expire on the date designated on it. When to renew: Falconry permit - expires in a maximum of 36 months from the date of issuance; always expires December 31 prior to the end of the 36 months Falconry license - expires in a maximum of 36 months from the date of issuance; always expires December 31 prior to the end of the 36 months Hunting license - expiration varies - Washington and some other states this expires March 31 of the next year; for Minnesota and some other states, this expires on the last day of February; for Iowa and still other states, this expires on December 31. Club memberships - typically expire on Dec 31 of each year Specifics Some states have very specific laws and regulations to be aware of. Your falconry and hunting license are not quite the same as a driver's license. Going hunting or even just traveling with your bird to another state involves more than you may think. If you are visiting another state with your bird (driving or flying) always call the Department of Wildlife of the destination state and find out what regulations they have. Be aware that these can change and go into effect in the span of a day. The intent is to prevent diseased animals from crossing into their state and immediate lock downs are sometimes necessary. Just because you remember a state having one set of regulations does not mean that is still how they read. States such as Washington have no regulations on entry or exit. States such as Oregon have an exit permit required. And states such as Colorado and Utah have an entry permit required. Others will require both or another form of registration. This is usually as simple as getting a health certificate within 30 days of traveling and then calling the proper state department for an ID number. In the case of Utah, the Department of Agriculture is the department that assigns the entry permit IDs. Some states are looking for specific statements from the vet who issues the health certificate positively identifying your animal as not having a particular disease. If you are flying, call the airline and verify what they require for paperwork and for the bird's accommodations during the flight. Make sure you are speaking to a knowledgeable person as sometimes the staff is mistaken, even on what their own airline requires. Verifying any FAA regulations can clear up any confusion. For hunting licenses, some states such as Washington and Texas require those born after 1972 to have completed a Hunter Education course. Others, such as Kansas, require those born after 1957 to have completed a class. As far as I know, all states honor all other state's hunter education cards. In order to be able to hunt in any state whenever you want to, taking a Hunter's Education course and carrying your card as now will allow you more freedom later, and taking one sooner is easier than trying to take one later. One recent local Hunter's Education class had space for 30 enrollees - and turned away 160. North Carolina also requires something called a Green Card which can take several weeks to obtain and costs about $10. If you plan on hunting out-of-state in North Carolina, be sure to request a Green Card application well in advance so that you can receive it by the time of your planned trip. The MBTA regulations are technically 16 US Code 703 et seq. They cover 832 species and are constantly updated. There are currently 30 types of MBTA permits issued. Raptors were covered by the regulation in 1972. Title 50 CFR is the administrative implementation regulations. Parts 1 - 16 and 18 - 199 of or interest to all MBTA permittees. 50 CFR 10 contains the list of native species. Part 13 contains the general permit procedures including the process for suspensions, revocations, reconsiderations, and appeals. Part 21 is the miscellaneous section and many additions come under this heading including selvage, education, and others. Give yourself a voice Join your local or state falconry club. Join NAFA. If you are a hunter, join the NRA and other hunting organizations. Dates to Remember March 31 - Washington State's hunting permit expires April 1 - Accidental Take Report forms are due cataloging the previous year's accidental takes December 31 - Most permits and licenses expire Links Federal Migratory Bird Permits http://permits.fws.gov/mbpermits/regulations/part21.pdf WA state hunting regs http://apps.leg.wa.gov/WAC/default.aspx?cite=232-12 WA state seasons http://apps.leg.wa.gov/WAC/default.aspx?cite=232-28 Operation Falcon http://en.wikipedia.org/wiki/Operation_Falcon_%28USFWS_operation%29 US Fish and Wildlife Service Title 50 CFR Part 21 (Migratory Bird Permits) http://www.access.gpo.gov/nara/cfr/waisidx_01/50cfr21_01.html I strongly encourage all falconers to carefully print, read, and understand the following and keep copies in your mews or preparation area: 21.1 Purpose of regulations 21.2 Scope of regulations 21.3 Definitions 21.11 General permit requirements 21.28 Falconry permits 21.29 Federal falconry standards 21.41 Depredation permits 21.43 Depredation order for blackbirds, cowbirds, grackles, crows and magpies Washington State Title 232 WAC Chapter 12 (232-12 Permanent Regulations) http://www.leg.wa.gov/wac/index.cfm?fuseaction=chapterdigest&chapter=232-12 I strongly encourage all Washington state falconers to carefully print, read, and understand the following and keep copies in your mews or preparation area: 232-12-001 Definition of terms 232-12-004 Classification of wild birds 232-12-007 Classification of wild animals 232-12-011 Wildlife classified as protected shall not be hunted or fished 232-12-014 Wildlife classified as endangered species 232-12-064 Live wildlife 232-12-067 Sale of wildlife 232-12-071 Buying or selling game unlawful 232-12-077 Wildlife taken by another 232-12-101 Falconry and captive propagation of raptors permitted 232-12-104 Falconry definitions 232-12-106 Provisions for accidental take by falconers 232-12-107 Falconry permit license required 232-12-114 Permit required for capture of raptors 232-12-117 Marking and identification of raptors required 232-12-121 Reporting requirements for capture, importation, exportation, transfer, or other disposal of raptors 232-12-124 Methods of capture and prohibitions in taking raptors 232-12-127 Revocation, modifications or suspension of falconry permits 232-12-129 Captive propagation of raptors -- Sale, records, reports and inspection 232-12-227 Hunter education training program requirements 232-12-242 Hunting restrictions 232-12-275 Wildlife rehabilitation permits 232-12-287 Possession of dead wildlife 232-12-289 Official hunting hours for game birds and game animals 232-12-291 Hunting before or after hours 232-12-292 Bald eagle protection rules 232-12-297 Endangered, threatened, and sensitive wildlife species classification 232-12-800 Purpose 232-12-807 Operations and procedures All images and text Copyright © 2004 - 2008 - Lydia Ash