Chapter NR 18

NR 18.01 NR 18.01 Definitions. In this chapter:

NR 18.01(1) (1) “Band” means a numbered, non–reusable USFWS leg band supplied by the department.

NR 18.01(1g) (1g) “Bureau” means the department of natural resources bureau of endangered resources.

NR 18.01(1r) (1r) “Department” means the department of natural resources.

NR 18.01(2) (2) “Disposal” means transfer of the raptor by gift or trade, release, escape, death or any other event that results in the permittee no longer possessing the raptor for falconry. 

NR 18.01(3) (3) “Eyas” means a young raptor not yet capable of flight. 

NR 18.01(4) (4) “Falconry” means caring for and training raptors for the pursuit of wild game, and hunting wild game with raptors. Falconry includes the taking of raptors from the wild to use in the sport, caring for, training, and transporting raptors held for falconry.

NR 18.01(5) (5) “Falconry permit” means a state or tribal permit to allow a resident permittee to take, possess and transport raptors for the purpose of practicing falconry.

NR 18.01(6) (6) “Fish & wildlife service” and “USFWS” mean U. S. department of interior — fish & wildlife service.

NR 18.01(6m) (6m) “Foreign” means any source of wildlife originating from outside the United States.

NR 18.01(7) (7) “Hacking” means the temporary release to the wild, not to exceed 30 days, of a raptor held for falconry so that it must survive on its own.

NR 18.01(7m) (7m) “Hybrid” means offspring of any two species whether or not listed in the federal regulations at 50 CFR 10.13, and any progeny of those birds.

NR 18.01(8) (8) “Imping” means a method of repairing broken flight or tail feathers.

NR 18.01(8m) (8m) “Imprint” means a bird that is hand-raised in isolation from the sight of other raptors from 2 weeks of age until it has fledged. An imprinted bird is considered to be so for its entire lifetime.

NR 18.01(9m) (9m) “Nonresident” means a person other than a resident as defined in s. 29.001 (69), Stats.

NR 18.01(10) (10) “Raptor” means a live, migratory bird of the Orders Accipitriformes, Falconiformes, or Strigiformes, including the bald eagle (Haliaeetus leucocephalus) and golden eagle (Aquila chrysaetos).

NR 18.01(11) (11) “Replacement raptor” means a raptor obtained to replace one that has died in captivity, has escaped, or is released to the wild.

NR 18.01(12) (12) “Take” means to trap, capture or pursue or attempt to trap, capture or pursue, a raptor for the purposes of falconry.

NR 18.01(13) (13) “Trapping permit” means a permit obtained by a nonresident from the department to take a raptor for the purposes of falconry. 

NR 18.01(14) (14) “Tribe” means any Wisconsin band of Native Americans recognized by the federal government, and which is authorized by the USFWS to issue a falconry permit to its members.

NR 18.01(15) (15) “Visitor” means anyone from another country.

NR 18.01 History History: Cr. Register, December, 1977, No. 264, eff. 1-1-78; r. (1), renum. (2) to (9) to be (4), (12), (9), (8), (7), (11), (1) and (6), cr. (2), (3), (5), (10) and (13), Register, December, 1997, No. 504, eff. 1-1-98; CR 01-127: cr. (intro.) and (9m), Register July 2002 No. 559, eff. 8-1-02; CR 13-005: renum. (1) to (1r), cr. (1), (1g), am. (4) to (6), cr. (6m), r. and recr. (7), cr. (7m), (8m), r. (9), am. (10), (11), cr. (14), (15) Register July 2013 No. 691, eff. 8-1-13.

NR 18.02 NR 18.02 Application.

NR 18.02(1) (1) The raptors covered by this chapter include those raptor species whose range extends into any part of Mexico, the United States, or Canada. All individual birds of such species whether or not raised in captivity, and including any subspecies, even if the range of such subspecies does not include parts of the above countries, are covered by these regulations.

NR 18.02(2) (2) The importation of any wildlife from a foreign source must be in compliance with federal laws or regulations.

NR 18.02 Note Note: Sections ATCP 10.06 and 10.07 establish requirements related to importation of animals into Wisconsin. These provisions establish the responsibility of a person importing a raptor to obtain: a) a certificate of veterinary inspection and b) a Wisconsin Department of Agriculture, Trade and Consumer Protection import permit. The importer must have copies of the health certificate and import permit before transporting the raptor to Wisconsin.

NR 18.02 History History: Cr. Register, December, 1977, No. 264, eff. 1-1-78; CR 13-005: am. (1) Register July 2013 No. 691, eff. 8-1-13.

NR 18.03 NR 18.03 Permit and license requirements.

NR 18.03(1) (1) No person may take, possess, transport, import, export, sell, purchase, barter, offer for sale, or purchase any migratory raptor species, or the parts, nests, or eggs of raptor species, for falconry purposes or to practice falconry in Wisconsin unless a valid falconry permit has been issued pursuant to this chapter or issued by another state or tribe provided that the state or tribe is listed in the federal regulations as a state or tribe meeting federal falconry standards. Tribal permits are only valid when issued to the tribe’s own members. Falconers hunting on state property need to follow state property rules, and it is the falconer’s responsibility to be aware of the state property rules before commencing falconry activities.

NR 18.03(2) (2) Nonresident falconers shall obtain a trapping permit to take raptors in Wisconsin under s. NR 18.12 (2) and shall obtain a valid small game or general hunting license to practice falconry in Wisconsin.

NR 18.03(3) (3) No person may engage in any falconry activity unless the person possesses a falconry permit or a nonresident raptor trapping permit issued under this chapter.

NR 18.03 Note Note: A state of Wisconsin turkey, pheasant, or duck stamp is no longer required to engage in the sport of falconry. A federal duck stamp, however, is required to hunt migratory waterfowl. Federal duck stamps can be purchased through a local post office and at many local DNR offices.

NR 18.03(4) (4) No person may transfer a falconry permit or a falconry band, or allow the use thereof by any other person, nor may any person while engaged in falconry, use or carry any permit or band issued to another.

NR 18.03(5) (5) A visitor to the U. S. possessing a falconry permit or license from their country may practice falconry in Wisconsin and shall abide by nonresident falconer permit and license requirements.

NR 18.03 Note Note: The national forests, consistent with the multiple use-sustained yield act of 1960 (16 USC 528) and the federal land policy management act of 1976 (16 USC 1701-1784), are managed for wildlife purposes. Data regarding the populations and take of the northern goshawk on the national forest is relevant to goshawk management. The Forest Service may implement protection measures for the northern goshawk that may include the closing of areas of land within the national forest to the take of goshawks. Information on the location of national forest land may be obtained from: Chequamegon/Nicolet Forest Supervisor, Federal Building, 68 S. Stevens Street, Rhinelander, WI 54501.

NR 18.03(6) (6) If a falconer takes a raptor from the wild and keeps it overnight, the falconer must report it the bureau Falconry Coordinator within 10 days using the 3-186A form.

NR 18.03 Note Note: Paper copies of the 3-186A form can be obtained by contacting the Falconry Coordinator at the Bureau of Endangered Resources, P.O. Box 7921, Madison, WI 53707-7921 or online at http://permits.fws.gov/186A.

NR 18.03 History History: Cr. Register, December, 1977, No. 264, eff. 1-1-78; am. (1) (a) and r. and recr. (1) (b), Register, August, 1982, No. 320, eff. 9-1-82; am. (1) (intro.), r. (1) (a) and (b), r. and recr. (2), renum. (3) to be (4) and am., cr. (3) and (5), Register, December, 1997, No. 504, eff. 1-1-98; CR 13-005: am. (1), (3), (4), r. and recr. (5), cr. (6) Register July 2013 No. 691, eff. 8-1-13.

NR 18.04 NR 18.04 Falconry hunting.

NR 18.04(1) (1) Established seasons. In addition to the seasons established by ch. NR 10, falconry permit holders may hunt upland game birds and animals described in s. NR 10.01 (2) and (3) September 1 through March 31, except cottontail rabbit, fox squirrel and gray squirrel may be hunted year-round. Hunting of hen pheasants is allowed statewide by the method of falconry.

NR 18.04 Note Note: Falconers are not limited to properties specified under s. NR 10.01 (2) (c) 2. Normal daily bag and possession limits established by s. NR 10.01 (2) apply, except that the daily bag limit for hen pheasants taken by falconry is one.

NR 18.04(2) (2) Let lay rule. A falconry permit holder whose raptor accidentally kills any protected animal during the closed season or a protected animal during the open hunting season, as specified in sub. (1), shall leave the dead animal where it lies. The raptor may feed upon the dead animal prior to leaving the kill site.

NR 18.04 Note Note: Daily kill and possession limits, shooting hours, and other small game rules established for hunting by chs. NR 10, 11, and 15 and ch. 29, Stats., apply.

NR 18.04 History History: Cr. Register, December, 1977, No. 264, eff. 1-1-78; r. and recr. Register, August, 1982, No. 320, eff. 9-1-82; r. and recr. Register, July, 1987, No. 379, eff. 8-1-87; CR 13-005: am. (1), (2) Register July 2013 No. 691, eff. 8-1-13.

NR 18.05 NR 18.05 Examination.

NR 18.05(1) (1) Prior to submitting an application for a permit under this chapter, each new applicant or person whose prior permit has expired or been revoked for a period of more than 5 years shall be required to answer correctly at least 80% of the questions on a supervised examination described in sub. (2). If a falconer’s permit has expired or been revoked for fewer than 5 years, it may be reinstated if the falconer has proof of certification for his or her most recent level, pursuant to s. NR 18.10.

NR 18.05(2) (2) The examination shall be prepared by the department or tribe in consultation with the Wisconsin Falconers Association, and administered by a representative of the department or tribe. The examination shall consist of questions relating to the basic biology, care, and handling of raptors, and literature, laws, and regulations governing the sport of falconry.

NR 18.05(3) (3) An applicant who fails to answer correctly at least 80% of the questions on the examination described in sub. (2) may not be issued a permit but may repeat the exam after 30 days. Should the applicant fail the test a second time, the applicant shall wait at least one year prior to taking the test again.

NR 18.05(4) (4) If an applicant is a new resident of the United States, the applicant may be granted a permit to practice falconry at an appropriate level based on his or her experience. To demonstrate knowledge of falconry, the applicant shall correctly answer 80% of the questions on a supervised examination. If successful, the applicant may be assigned by the department or tribe the permit class consistent with the requirements set forth in s. NR 18.10.

NR 18.05 History History: Cr. Register, December, 1977, No. 264, eff. 1-1-78; am. Register, December, 1997, No. 504, eff. 1-1-98; CR 13-005: am. (1) to (3), cr. (4) Register July 2013 No. 691, eff. 8-1-13.

NR 18.06 NR 18.06 Application procedure.

NR 18.06(1) (1) Resident falconry permit. A person shall submit an application for a permit under this chapter on forms provided by the department accompanied by a fee of $75 for a 3–year falconry permit. An applicant may not submit more than one application for a permit under this chapter nor apply for a permit if they have failed to answer correctly at least 80% of the questions on a falconry examination as described in s. NR 18.05 (2) and as required in s. NR 18.05 (1). An applicant shall provide the following information:

NR 18.06(1)(a) (a) Name, address, birth date and physical description of the applicant.

NR 18.06(1)(b) (b) Number, species and source for each raptor the applicant plans to acquire, including its age and sex if known.

NR 18.06(1)(c) (c) Description and location of falconry facilities.

NR 18.06(1)(d) (d) Description of the training area.

NR 18.06(1)(e) (e) Date and time the facilities and training area will be ready for inspection.

NR 18.06(1)(f) (f) Certification by the applicant that the information in the application is true and correct.

NR 18.06(1)(g) (g) Authorization allowing state and federal agents to inspect the applicant’s facilities, training area and raptors.

NR 18.06(2) (2) Nonresident raptor trapping permit. A nonresident may apply annually for a nonresident raptor trapping permit under this chapter on forms provided by the department accompanied by a fee of $100. An applicant may not submit more than one application for a permit under this chapter. Each applicant shall provide the following information:

NR 18.06(2)(a) (a) Name, address, birth date and physical description of the applicant.

NR 18.06(2)(b) (b) Number, species and source for each raptor the applicant plans to acquire, including its age and sex if known.

NR 18.06(2)(c) (c) Description and location of falconry facilities.

NR 18.06(2)(d) (d) Certification by the applicant that the information in the application is true and correct.

NR 18.06(2)(e) (e) A photocopy of his or her current, valid state or federal falconry permit and valid import license from the state of residence, which shall be listed as a cooperating state in 50 CFR 21.29(k), and which authorizes the taking of raptors for use in falconry.

NR 18.06 Note Note: Application forms may be obtained at: Bureau of Endangered Resources (BER), Wisconsin Department of Natural Resources, P.O. Box 7921, Madison, WI 53707. The Resident Falconry Permit application and the Nonresident Raptor Trapping Permit application can be accessed online at the bureau’s falconry website: http://dnr.wi.gov/topic/EndangeredResources/permits.html. Possession of facilities for housing raptors is not a prerequisite for obtaining a resident falconry permit under s. NR 18.07. A resident permittee, however, must pass a facilities inspection by the department or tribe prior to obtaining a raptor for use in falconry.

NR 18.06 History History: Cr. Register, December, 1977, No. 264, eff. 1-1-78; r. and recr. Register, December, 1997, No. 504, eff. 1-1-98; CR 01-127: am. (1) (intro.), (2) (intro.) and (e), Register July 2002 No. 559, eff. 8-1-02; CR 13-005: am. (1) (intro.), (2) (intro.) Register July 2013 No. 691, eff. 8-1-13.

NR 18.07 NR 18.07 Inspection of facilities and equipment.

NR 18.07(1) (1) Inspection. Upon receipt of an application for a resident falconry permit, the department shall, within 30 days, inspect the applicant’s facilities and equipment and determine that the applicant complies with this section before a permit may be issued. Falconry birds, facilities, equipment, and records may be inspected by state or tribal officials only in the presence of the permittee during business hours on any day of the week.

NR 18.07(2) (2) Facilities; equipment. The applicant shall provide and maintain the following facilities and equipment in accordance with the following standards to ensure the health and safety of the raptor or raptors:

NR 18.07(2)(a) (a) Facilities. Raptor housing facilities whether indoors or outdoors shall be maintained in a clean state and protected from the environment, predators and undue disturbance and shall include either:

NR 18.07 Note Note: Indoor facilities are commonly known as mews and outdoor facilities are commonly known as weathering areas.

NR 18.07(2)(a)1. 1. Indoor facilities (mews) shall be large enough to allow easy access for caring for the raptors housed in them. If more than one raptor is to be kept in a mew, the raptors shall be tethered or separated by partitions and the area for each bird shall be large enough to allow the bird to fully extend its wings. There shall be at least one window, protected on the inside by vertical bars, spaced narrower than the width of the bird’s head, and a secure door that can be easily closed. The floor of a mew shall permit easy cleaning, be well drained, and have at least one perch.

NR 18.07(2)(a)2. 2. Outdoor facilities (weathering areas) shall be fenced and covered with netting or wire, or roofed to protect the birds from disturbance and from attack by predators. The enclosed weathering area shall be large enough to ensure the birds cannot strike the fence when flying from the perch. Protection from excessive sun, wind, and inclement weather, and at least one adequate perch shall be provided for each bird.

NR 18.07(2)(a)3. 3. A single facility meeting the requirements of both subds. 1. and 2. may be permitted.

NR 18.07(2)(b) (b) Equipment. The following items shall be in the possession of the applicant before a permit can be obtained.

NR 18.07(2)(b)1. 1. ‘Jesses.’ A minimum of one pair of Aylmeri jesses or similar type constructed of pliable, high-quality leather or suitable synthetic material to be used when any raptor is flown free. Traditional one-piece jesses may be used on raptors when not being flown.

NR 18.07(2)(b)2. 2. ‘Leashes and swivels.’ A minimum of one flexible, weather resistant leash and one strong swivel of acceptable falconry design.

NR 18.07(2)(b)3. 3. ‘Bath container.’ A minimum of one suitable container, 2 to 6 inches deep and wider than the length of the raptor, for drinking and bathing for each raptor.

NR 18.07(2)(b)4. 4. ‘Outdoor perches.’ A minimum of one weathering area perch of an acceptable design shall be provided for each raptor.

NR 18.07(2)(b)5. 5. ‘Weighing device.’ A reliable scale or balance suitable for weighing the raptors held and graduated to increments of not more than 1/2-ounce (15 grams) shall be provided by the permittee.

NR 18.07(2)(c) (c) Maintenance. All facilities and equipment shall be kept at or above the preceding standards at all times.

NR 18.07 History History: Cr. Register, December, 1977, No. 264, eff. 1-1-78; r. and recr. (1), (2) (intro.) and (a) (intro.), am. (2) (a) 1. and 2., cr. (2) (a) 3., Register, December, 1997, No. 504, eff. 1-1-98; CR 13-005: am. (1), (2) (a) 1., 2., (b) 5. Register July 2013 No 691, eff. 8-1-13.

NR 18.08 NR 18.08 Unsatisfactory conditions. Within 5 working days of a written finding of improper treatment or care of a raptor or of the failure to provide proper facilities or equipment for a raptor, the department shall notify the permittee of the finding in writing and request the correction of the treatment, care, facilities or equipment, as detailed in the notice. If the permittee fails to make the corrections, the raptors may be seized by the department and the permit may be revoked. If the permit is revoked, the permittee is ineligible to receive another permit until the department is satisfied the facilities, equipment, and care comply with this chapter, and that the health and safety of any raptors in the facilities are ensured.

NR 18.08 History History: Cr. Register, December, 1977, No. 264, eff. 1-1-78; r. and recr. Register, December, 1997, No. 504, eff. 1-1-98; r. and recr. Register, December, 1997, No. 504, eff. 1-1-98; CR 13-005: am. Register July 2013 No. 691, eff. 8-1-13.

NR 18.09 NR 18.09 Issuance criteria. The department may not issue or renew a permit if any of the following apply:

NR 18.09(1) (1) The applicant submitted false information in the application. 

NR 18.09(2) (2) The applicant has been found to have failed to provide facilities or equipment in compliance with this chapter, or the applicant has failed to provide proper treatment or care of the raptors. However, if the department is satisfied that the failure has been corrected and will not be repeated, a permit may be issued.