Section 312 IAC 9-10-13.1 - Falconry licensesAuthority: 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: (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: (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: (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: (ii) heavy-duty plastic mesh;(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: (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: (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:(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:(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: (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(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;(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: (A) American crows in accordance with 312 IAC 9-4-7.1 and 312 IAC 9-4-7.2.(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: (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.(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: (vi) fairs; except as provided in subdivision (3).
(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:(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;(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;(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: (tt) A license holder may seek administrative review under IC 4-21.5 of an action to suspend, deny, or revoke a license. Natural Resources Commission; 312 IAC 9-10-13.1; filed Jul 5, 2011, 1:38 p.m.: 20110803-IR-312100667FRA; filed Feb 28, 2014, 8:01 a.m.: 20140326-IR-312130024FRA; Readopted filed 5/20/2014, 9:43 a.m.: 20140618-IR-312140017RFAReadopted filed 9/18/2019, 1:16 p.m.: 20191016-IR-312190325RFA