Chapter NR 18

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.

NR 18.12(2)(f) (f) Nonresidents may not take, possess, or transport any federal or Wisconsin endangered and threatened species.

NR 18.12 Note Note: The Nonresident Raptor Trapping Permit application can be accessed online at the bureau’s falconry website: http://dnr.wi.gov/topic/EndangeredResources/permits.html. Paper copies of the Nonresident Raptor Trapping Permit can also 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://dnr.wi.gov/topic/EndangeredResources/permits.html.

NR 18.12(3) (3) taking raptors from the wild.

NR 18.12(3)(a) (a) Season. A general or master falconer may take eyasses annually during the periods of March 1 to April 5 and May 7 to July 15. Except as provided in sub. (2) (f), no more than 2 eyasses may be taken by the same general or master falconer permittee during the specified season.

NR 18.12(3)(b) (b) Passage raptors. First-year (passage or immature) raptors may be taken from August 21 to January 31.

NR 18.12(3)(c) (c) Federal Band. A raptor that has a federal band attached may be re-trapped at any time.

NR 18.12(3)(d) (d) Northern goshawk. No person may possess a northern goshawk (Accipiter gentilis) taken from the wild or acquired from a rehabilitator unless it is marked as required by this subsection.

NR 18.12(3)(d)1. 1. The goshawk shall be banded immediately upon possession.

NR 18.12(3)(d)2. 2. When banding a northern goshawk, a permanent, non-reusable, numbered fish and wildlife service leg band supplied by the bureau or permittee’s tribe shall be used. The falconer also may purchase and implant an ISO (International Organization for Standardization)-compliant (134.2 kHz) microchip in the bird.

NR 18.12(3)(d)3. 3. The band number and microchip information shall be reported within 10 days from the day the falconer takes the goshawk from the wild or from a rehabilitator by entering the required information (including band number and/or microchip information) in the electronic database at http://permits.fws.gov/186A, or by submitting a paper 3-186A form to the bureau or to the permittee’s tribe.

NR 18.12 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.

NR 18.12(3)(d)4. 4. No person may take a northern goshawk on U.S. department of agriculture national forest land unless a written description of the location of the take, satisfactory to the forest supervisor or designee, is provided to the forest supervisor or designee prior to any take.

NR 18.12 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 18.12(4) (4) Marking.

NR 18.12(4)(a) (a) A raptor held under a permit shall be marked with a fish and wildlife service non-reusable band provided by the bureau.

NR 18.12(4)(b) (b) A permittee shall attach the band to the raptor within 48 hours of acquisition. The permittee may also purchase and implant an ISO-compliant (134.2 kHz) microchip in the bird. The permittee shall report the band or microchip at http://permits.fws.gov/186A or by submitting a paper 3-186A form or an electronic report to the bureau at http://dnr.wi.gov/topic/EndangeredResources/permits.html, or to the permittee’s tribe, within 10 days after acquisition.

NR 18.12(4)(c) (c) No person may alter, counterfeit or deface a federal band or ISO-compliant microchip. A permittee may, however, remove the rear tab on federal bands or ISO-compliant microchips and may smooth any imperfect surface provided the integrity of the federal band or microchip and numbering are not affected.

NR 18.12(4)(d) (d) A permittee who traps a previously marked raptor shall immediately report the trapping to the bureau, and include information on the species, location (county, township, section, quarter section, quarter-quarter section), and band identification.

NR 18.12(4)(e) (e) If a band is removed or is lost from a raptor in possession, the permittee shall report the loss of the band within 10 days, and shall do one of the following: either request a fish and wildlife service non-reusable band from the bureau or permittee’s tribe, or purchase and implant an ISO-compliant (134.2 kHz) microchip in the bird and report the band or microchip at http://permits.fws.gov/186A, or by submitting a paper 3-186A form to the bureau or permittee’s tribe within 10 days of band or microchip acquisition.

NR 18.12 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://dnr.wi.gov/topic/EndangeredResources/permits.html.

NR 18.12(5) (5) Eggs taken from the wild. No person may remove any raptor egg or eggs from any nest unless permitted under a scientific collector’s permit issued by the department’s bureau of endangered resources. 

NR 18.12(6) (6) Nestling raptors. General and master class permittees may take eyasses under s. NR 18.10 on the condition that no less than one healthy chick is left in the nest from which the eyas was taken.

NR 18.12(7) (7) Adult raptors. Except as otherwise authorized, a permittee may not take from the wild or possess any raptor taken from the wild if the raptor is over one year old when taken. This subsection does not apply to American kestrel or great horned owl (Bubo virginianus).

NR 18.12(7m) (7m) Raptors taken under other permits. Raptors other than state and federally endangered or threatened species that have been taken under a depredation permit or scientific collector’s permit may be used for falconry by general and master class permittees.

NR 18.12(8) (8) Raptors taken in Wisconsin. A licensed falconer who legally takes a raptor from the wild has legal title to the raptor, subject to s. 169.02, Stats.

NR 18.12(9) (9) Raptors from outside Wisconsin. Raptors obtained outside the state by Wisconsin residents may not be possessed or transported within Wisconsin unless the person possesses legal authority from the state in which the raptor was acquired and a Wisconsin falconry permit. A Wisconsin falconry permittee may possess a wild raptor legally obtained outside the state or a properly identified captive-bred raptor obtained from a resident of another state.

NR 18.12(10) (10) Escape or death of raptors. A permittee shall report the loss or death of any raptor within 5 days to the bureau. Carcasses shall be disposed of as directed by the fish and wildlife service.

NR 18.12 Note Note: Forms may be obtained from the Bureau of Endangered Resources, Box 7921, Madison, WI 53707.

NR 18.12 Note Note: In addition, all persons must comply with applicable requirements of federal migratory bird permit regulations contained in 50 CFR 21.