Chapter NR 18

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an application for a permit under this chapter, each new applicant or person whose prior permit has expired or been revoked for a period of more than 5 years shall be required to answer correctly at least 80% of the questions on a supervised examination described in sub.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 If a falconer’s permit has expired or been revoked for fewer than 5 years, it may be reinstated if the falconer has proof of certification for his or her most recent level, pursuant to s. NR 18.10.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

NR 18.09(3) (3) Issuance may have a significant adverse effect on the wild population of raptors based on the best scientific evidence available. 

NR 18.09(4) (4) The applicant has failed to comply with federal or state law respecting take, possession or transportation of raptors. 

NR 18.09(5) (5) The applicant has failed to submit reports required by this chapter. 

NR 18.09(6) (6) The applicant has submitted reports required by this chapter in an incomplete or false manner. 

NR 18.09 History History: Cr. Register, December, 1977, No. 264, eff. 1-1-78; r. and recr. Register, December, 1997, No. 504, eff. 1-1-98.

NR 18.10 NR 18.10 Classes of permits. Possession of facilities for housing raptors is not a prerequisite for obtaining a permit, except for the apprentice class applicant, whose facilities shall be inspected before an apprentice permit is granted. Regardless of falconry class, the applicant shall have facilities that pass state or tribal inspection before obtaining a raptor for use in falconry. The applicant may not intentionally capture a raptor species that the classification as a falconer does not allow the applicant to possess for falconry. If the applicant captures a bird that is not allowed to be possessed, the bird shall be released immediately. The requirements for each falconry class permit are as follows:

NR 18.10(1) (1) Apprentice class.

NR 18.10(1)(a) (a) An apprentice class permittee shall be at least 14 years old and sponsored by a person possessing a general or master falconry permit in Wisconsin, Iowa, Illinois, Michigan, or Minnesota. If the apprentice is under 18 years of age, a parent or legal guardian shall agree to be responsible for the apprentice’s activities.

NR 18.10(1)(b) (b) A sponsor who is a holder of a general or master falconry permit is required for permittees under the age of 18, and for all permittees the first two years in which an apprentice permit is held, regardless of the age of the permittee. A person may not act as a sponsor for more than 3 apprentices at any one time. The sponsor of an apprentice shall do all of the following:

NR 18.10(1)(b)1m. 1m. Write a letter supporting the application of the apprentice.

NR 18.10(1)(b)2. 2. Submit an annual progress report in narrative form to the department by July 31 of each year.

NR 18.10(1)(b)3. 3. Notify the department at any time when the progress or performance of an apprentice is unsatisfactory.

NR 18.10(1)(c) (c) The apprentice class permittee may possess one wild American kestrel (Falco sparverius) or red-tailed hawk (Buteo jamaicensis) and may not obtain more than one wild raptor for replacement during any 12–month period, August 1 to July 31.

NR 18.10(1)(d) (d) An apprentice class permittee may not possess an eyas or a raptor that is imprinted on humans.

NR 18.10(1)(e) (e) The apprentice class permittee may not possess a raptor taken from the wild as a nestling.

NR 18.10(2) (2) General class.

NR 18.10(2)(a) (a) A general class permittee shall be at least 18 years old and shall have at least 2 years experience in the practice of falconry at the apprentice level and receive a written recommendation from the sponsor or produce documentation, acceptable to the department, of qualified experience exceeding 2 years including maintaining, training, flying, and hunting with a raptor for at least 4 months in each year.

NR 18.10(2)(b) (b) A general class permittee may not possess more than 3 wild or captive-bred raptors and may not obtain more than 2 raptors from the wild during any 12–month period, August 1 to July 31.

NR 18.10(2)(c) (c) A general class permittee may take and possess any species of Accipitriform, Falconiform, or Strigiform except a golden eagle, a bald eagle, a white-tailed eagle (Haliaeetus albicilla), or a Steller’s sea eagle (Haliaeetus pelagicus). A general class permittee may use captive-bred individuals and hybrids of the species the permittee is allowed to possess. A general class permittee may not possess any endangered or threatened species listed in s. NR 27.03 unless it is captive-reared and marked with a band provided by the fish and wildlife service.

NR 18.10(3) (3) Master class.

NR 18.10(3)(a) (a) A master class permittee shall have at least 5 years experience in the practice of falconry at the general class level.

NR 18.10(3)(b) (b) A master class permittee may not possess more than 5 wild raptors, and may not obtain more than 2 raptors from the wild during any 12–month period, August 1 to July 31. A master class permittee, however, may possess any number of captive-bred raptors as long as the master class permittee trains them in the pursuit of wild game and uses them in hunting.

NR 18.10(3)(c) (c) A master class permittee may take and possess any species of Accipitriform, Falconiform, or Strigiform, except a bald eagle. A permittee may not take, transport or possess any endangered or threatened species listed in s. NR 27.03, except captive-reared species and passage (first-year migrant) peregrine falcons (Falco peregrinus) marked with a band provided by the fish and wildlife service.

NR 18.10(3)(d) (d) A master class permittee may not take, transport, or possess as part of the permittee’s 5-bird limitation, more than one raptor listed as a federally threatened species as prescribed by 50 CFR 21.29 (e) (3) (v).

NR 18.10(3)(e) (e) A master class permittee may take and possess a golden eagle, a white-tailed eagle, or a Steller’s sea eagle only if the permittee meets the following requirements:

NR 18.10(3)(e)1. 1. Experience is required in handling large raptors, including the species handled and the type and duration of the experience.

NR 18.10(3)(e)2. 2. Two letters of reference are needed containing a concise history detailing the author’s experience with large raptors, which can include handling of raptors held by zoos, rehabilitating large raptors, or scientific studies involving large raptors. Each letter shall also assess the master class permittee’s ability to care for eagles and to fly them in falconry. An eagle possessed by a falconer counts against the individual limit of 5 raptors. The permittee shall mark the eagle with a band provided by the fish and wildlife service, and if desired implant an ISO-compliant (International Organization for Standardization) (134.2 kHz) microchip. The permittee shall report the band and microchip within 10 days at http://permits.fws.gov/186A, or submit a paper 3-186A form to the bureau or permittee’s tribe.

NR 18.10 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 18.10 History History: Cr. Register, December, 1977, No. 264, eff. 1-1-78; am. (2) (d), (3) (c) and (d), Register, August, 1982, No. 320, eff. 9-1-82; emerg. am. (3) (c), eff. 9-15-89. am. (3) (c), Register, March, 1990, No. 411, eff. 4-1-90; r. (1) (b) 4. and (2) (b), am. (1) (a), (b) (intro.), 1. to 3., (c), (2) (a) and (3), r. and recr. (1) (d), renum. (12) (c) and (d) to be (2) (b) and (c) and am., Register, December, 1997, No. 504, eff. 1-1-98; CR 13-005: cr. (intro.), am. (1) (a), (b) (intro.), r. (1) (b) 1., cr. (1) (b) 1m., am. (1) (b) 2., 3., (c), (d), cr. (1) (e), am. (2), (3) (b) to (d), cr. (3) (e) Register July 2013 No. 691, eff. 8-1-13.

NR 18.11 NR 18.11 Duration of permits. A permit shall be valid for a period not to exceed 3 years, the period commencing on the date of issuance and expiring on July 31 of the third year following issuance.

NR 18.11 History History: Cr. Register, December, 1977, No. 264, eff. 1-1-78; r. and recr. Register, December, 1997, No. 504, eff. 1-1-98.

NR 18.12 NR 18.12 Taking and disposal restrictions.

NR 18.12(1) (1) Resident permittee. No resident permittee may take, possess or transport a raptor from the wild without a falconry permit from the department’s bureau of endangered resources.

NR 18.12(2) (2) Nonresident raptor trapping permit.

NR 18.12(2)(a) (a) Trapping permits may be issued to nonresidents meeting the qualifications of the permittees in s. NR 18.10.

NR 18.12(2)(b) (b) Nonresidents may not apply for more than one trapping permit per trapping season.

NR 18.12(2)(c) (c) The nonresident raptor trapping permittee shall immediately upon capture mark a raptor trapped under a nonresident raptor trapping permit with a federal band. No raptor may be transported within or from Wisconsin without the band attached.

NR 18.12(2)(d) (d) The nonresident raptor trapping permittee shall notify the bureau within 5 days of any take and provide information on the take on forms provided by the bureau.

NR 18.12(2)(e) (e) The nonresident raptor trapping permit shall be carried by the permittee while in the act of trapping and during the transportation of the trapped raptor.