Code of Massachusetts Regulations › 321 CMR - DIVISION OF FISHERIES AND WILDLIFE › Title 321 CMR 3.00 - Hunting › Section 3.04 - Falcons, Other Raptors and Falconry

Current through Register 1525, July 5, 2024
In accordance with the authority vested in me by the provisions
				of M.G.L. c. 131, § 4 and § 5, I hereby establish the following rules
				and regulations relating to falcons and other raptors and to falconry.
Definitions: For the purposes of 321 CMR 3.04, the following
				words or phrases shall have the following meanings:
* Captive Propagation, Bred in Captivity, or Captive Bred shall
				refer to raptors, including eggs, hatched in captivity from parents which mated
				or otherwise exchanged gametes in captivity, including fertilization and
				parturition resulting from artificial insemination of the raptors and shall
				refer to raptors which are imprinted to humans.
* Falconry means the possession, care, and training of certain
				species of raptors in accordance with 321 CMR 3.04 for hunting or for the
				pursuit of wild game, and includes the live capture of such raptor species from
				the wild. Falconry also means the use of authorized raptors for the secondary
				purpose of conducting conservation and education programs for the general
				public.
* Wild Caught means any bird live captured from the wild at any
				stage of its life by any person in accordance with 321 CMR 3.04.
(1) Application Requirement. The Director of
			 the Division of Fisheries and Wildlife may issue falconry permits for the
			 capture, acquisition and/or possession of certain hawks and owls for falconry
			 purposes, raptor propagation, or for salvage and/or rehabilitation purposes.
			 Utilizing falconry birds for purposes other than falconry and conservation
			 education programs by falconers is not permissible unless authorized by the
			 Director. While the primary purpose of falconry permits is to authorize the use
			 the raptors for hunting or pursuing wild game, falconers of General or Master
			 status only may also use their birds for the secondary purpose of conducting
			 conservation and education programs for the general public. Such programs may
			 include providing information and demonstrations on the biology and ecology of
			 raptors and other migratory birds. Raptors used in such programs shall at no
			 time come into physical contact with members of the audience or the general
			 public. The falconer shall not charge a fee that exceeds the falconer's costs
			 of administering the program. All applicants must be a resident of the
			 Commonwealth of Massachusetts. Applications for the appropriate permit shall be
			 made on a form prepared and furnished by the Division. The expiration date for
			 each class of permit shall be December 31st of each calendar year. No person
			 shall engage in falconry without a valid falconry permit and a valid sporting
			 or hunting license. Permits shall be issued based on the experience of the
			 applicant under one of five classes. Any permit holder who fails to renew a
			 permit issued under 321 CMR 3.04 for five consecutive years or more shall be
			 required to, along with all other requirements stated in 321 CMR 3.04, retake
			 and pass all exams associated with their previously held, highest level permit.
			 Falconers moving to Massachusetts from another state who wish to obtain a
			 Massachusetts falconry permit shall only apply for an equivalent class of
			 permit as possessed in their former state of residence upon providing proof of
			 said permit. The applicant shall meet all requirements stated in 321 CMR 3.04
			 including, but not limited to, taking and passing the Massachusetts falconry
			 examination(s).
(a) Apprentice Falconer
			 Permit. Requirements: the minimum age of a licensed falconer in Massachusetts
			 shall be 15 years of age. Applicants under 18 years of age must have written
			 approval of a parent or guardian. All applicants for an apprentice falconer
			 permit must have contact with an experienced falconer (the holder of a General
			 or Master falconer permit), who will consent in writing to act as a source of
			 advice and information for the applicant. A sponsor may not have more than
			 three apprentices at any one time. The Apprentice Falconer permit shall be
			 granted to the applicant upon fulfillment of the falconry regulations (321 CMR
			 3.04(2) through (4)) including the successful completion of a falconry
			 examination. The initial fee shall be $25; the renewal fee shall be $25
			 annually. No re-examination is required for permit renewal, but annual renewal
			 shall be contingent upon the submission of an annual activity report which
			 shall be on a form provided by the Division.
(b) General Falconer Permit. Requirements:
			 The minimum age of the applicant is 18 years of age. Applicants shall have at
			 least two years' experience in the practice of falconry at the apprentice level
			 or its equivalent. Experience shall be defined as the active pursuit of wild
			 quarry with the applicant's raptor or raptors for at least two seasons. This
			 experience shall be verified in writing by the applicant's sponsor, or by the
			 Falconry Examining Panel as defined in 321 CMR 3.04(2)(b), or by both.
			 Successful completion of an oral-practical and a written examination as
			 described in 321 CMR 3.04(2) are required for eligibility to obtain the General
			 Falconer permit. The initial fee for this permit shall be $25; the renewal fee
			 shall be $25 and shall be contingent on the submission of an annual activity
			 report on a form provided by the Division.
(c) Master Falconer Permit. Requirements: An
			 applicant shall have at least five years' experience in the practice of
			 falconry at the General class level or its equivalent. Successful completion of
			 an oral practical and a written examination as described in 321 CMR 3.04(2) are
			 required for eligibility to obtain the Master Falconer permit. The initial fee
			 for this permit shall be $25; the renewal fee shall be $25 and shall be
			 contingent on the submission of an annual activity report on a form provided by
			 the Division.
(d) Raptor
			 Propagation Permit. Requirements: an applicant must have had at least three
			 years' experience as a General Falconer in Massachusetts or show documented
			 evidence of its equivalent in another state with similar falconry regulations,
			 or applicants shall show experience in husbandry of raptors in connection with
			 previous research work or under previous Massachusetts possessor's permits
			 granting the possession of raptors. Proof of qualifications shall be in writing
			 and shall be substantiated by references from at least two individuals capable
			 of judging the applicant's qualifications. The initial fee for this permit
			 shall be $25.00; annual renewal fee shall be $25.00. Renewal is contingent upon
			 submission of an annual summary report on a form provided by the Division.
			 Accurate breeding records shall be maintained and reported annually as outlined
			 by the Director for all raptor breeding research projects or as otherwise
			 required by the Director of the U.S. Fish and Wildlife Service. Failure to
			 maintain and submit appropriate records and/or reports as required by the
			 Director shall be cause for revocation of this permit. Applicants must also
			 possess a Federal Special Purpose permit.
(e) Raptor Salvage Permit. Requirements: An
			 applicant must have had at least three years' experience as a General Falconer
			 in Massachusetts or show documented evidence of its equivalent in another state
			 with similar falconry regulations; or applicants shall show documented evidence
			 of proficiency in the rehabilitation of raptors in connection with previous
			 research work or under previous Massachusetts possessor's permits granting the
			 possession of raptors. Proof of qualifications shall be in writing and shall be
			 substantiated by references from at least two individuals capable of judging
			 the applicant's qualifications. The initial fee for this permit shall be $1.00;
			 annual renewal fee shall be $1.00. Renewal is contingent upon submission of an
			 annual summary report on a form provided by the Division describing treatment,
			 care and disposition of all birds maintained during the calendar year. Failure
			 to maintain and submit appropriate records and/or reports as required by the
			 Director shall be cause for revocation of this permit. The sport of falconry
			 under the Raptor Salvage permit shall be limited to the proper conditioning and
			 training of rehabilitated raptors prior to their release to the wild, transfer
			 to a falconry permit, or other use as authorized by the Director. Applicant
			 must also possess a Federal Salvage permit.