Updated: January 04, 2010

Disclaimer: The information on this website is intended as reference material. The information contained herein is as accurate as possible but is not an official copy of or publication of the N.C. Wildlife Resources Commission or any government agency.

  FALCONRY 

15A NCAC 10B .0216   FALCONRY

(a)  Seasons.  Except as provided in Paragraphs (d) and (e) of this Rule, the open seasons for the practice of falconry as permitted by the rules contained in 15A NCAC 10H .0800 shall coincide with the regular open seasons contained in this Section for squirrels, rabbits, quail, ruffed grouse and pheasant, and with the open seasons set forth in the Code of Federal Regulations for migratory game birds in this state.

(b)  Bag Limits.  The daily bag, possession and season limits set forth in this Section for squirrels, rabbits, quail, ruffed grouse and pheasant and the daily bag, field possession, and total possession limits set forth in the Code of Federal Regulations for migratory game birds shall apply to falconry except as provided in Paragraph (e) of this Rule.

(c)  Out of Season Kills.  When any raptor being used in falconry kills any species of wildlife for which there is no open season or a species of game on which the season is then closed, the falconer or person using such raptor shall not take such dead wildlife into his possession but shall leave the same where it lies, provided that the said raptor may be allowed to feed on such dead wildlife before leaving the site of the kill.  If the species so killed is a resident species of game on which there is a season limit, the kill shall be included as part of the season limit of the person using the raptor for falconry.

(d)  Hunting After Limit Taken

(1)        When any falconer shall have taken a daily bag limit of any species of wildlife named or included in Paragraph (a) of this Rule, regardless of the manner of such taking, such falconer shall not release any raptor during the remainder of the day.

(2)        When any falconer shall have in his actual or constructive possession a possession limit of any species of wildlife named or included in Paragraph (a) of this Rule, regardless of the manner in which such limit was taken, such falconer shall not thereafter release any raptor for falconry purposes until the number of such species in his possession shall be reduced to a number below such possession limit.

(3)        When any falconer shall have taken a season limit of any species of wildlife named in Paragraph (a) of this Rule, regardless of the manner in which such limit was taken, such falconer shall not during the remainder of the applicable falconry season release any raptor for falconry purposes.

(e)  Extended Seasons.  An extended falconry season on gray and red squirrels and rabbits shall be the Monday on or nearest October 15 until the last day of February.  Bag limits for those portions of the season outside the regular seasons shall be 4 squirrels daily, Possession 8; and 3 rabbits daily, Possession 6.

History Note:            Authority G.S. 113‑134; 113-270.3(b)(4); 50 C.F.R. 21.28; 50 C.F.R. 21.29;
Eff. September 1, 1979;
Amended Eff. July 1, 1998.

(1) Archery Zone. On portions of game lands posted as "Archery Zones" hunting is limited to bow and arrow hunting and falconry only. On these areas, deer of either sex may be taken on all open days of any applicable deer season.

(2) Safety Zone. On portions of game lands posted as "Safety Zones" hunting is prohibited. No person shall hunt or discharge a firearm or bow and arrow within, into, or across a posted safety zone on any game land. Falconry is exempt from this provision.

(3) Restricted Firearms Zone. On portions of game lands posted as "Restricted Firearms Zones" the use of centerfire rifles is prohibited.

(4) Restricted Zone. Portions of game lands posted as "Restricted Zones" are closed to all use by the general public, and entry upon such an area for any purpose is prohibited without first having obtained specific written approval of such entry or use from an authorized agent of the Wildlife Resources Commission. Entry shall be authorized only when such entry will not compromise the primary purpose for establishing the Restricted Zone and the person or persons requesting entry can demonstrate a valid need or such person is a contractor or agent of the Commission conducting official business. "Valid need" includes issues of access to private property, scientific investigations, surveys, or other access to conduct activities in the public interest.

Effective: April 15, 2005

SECTION .0800 ‑ FALCONRY 

15A NCAC 10H .0801       DEFINITIONS

In addition to the definitions contained in G.S. 113‑130, and unless the context requires otherwise, as used in 15A NCAC 10B .0216 and in this Section:

(1)       "Falconry permit" or "permit" means a joint federal‑state falconry permit, or a separate state falconry permit issued by this state or by another state meeting federal falconry standards and listed in Paragraph (k) of 50 C.F.R. 21.29.

(2)       "Falconry license" means the annual special purpose falconry license which is required by G.S. 113‑270.3(b)(5) in addition to any other applicable general purpose or special purpose license.

(3)       "State" means the State of North Carolina, except when the context indicates reference to another state of the United States.

(4)       "Commission" means the North Carolina Wildlife Resources Commission.

(5)       "Executive director" means the Executive Director of the North Carolina Wildlife Resources Commission.  When action is required by the commission by any provision of this  Section, such action may be performed by the executive director on behalf of the commission.

(6)       "Bred in captivity" or "captive‑bred" refers to raptors hatched in captivity from parents that mated or otherwise transferred gametes in captivity.

(7)       "Raptor" means a live migratory bird of the Order Falconiformes or the Order Strigiformes, other than a bald eagle (Haliaeetus leucocephalus).

History Note:           Authority G.S. 113‑134; 113‑270.3(b)(5); 50 C.F.R. 21.28; 50 C.F.R. 21.29;
Eff. September 1, 1979;
Amended Eff. May 1, 1995; August 1, 1988; February 1, 1985.
Amended Eff. February 1, 2007

15A NCAC 10H .0802       PERMIT AND LICENSE REQUIREMENTS

(a)  No person shall take a raptor in this state for falconry purposes without having first obtained:

(1)        either:

   (A)  a resident falconry permit issued by this state; or

   (B)  a General or Master Class falconry permit as defined in Rule .0801 of this Section from another state that issues non-resident falconry permits or licenses; and

(2)        a North Carolina resident or non-resident falconry license as required by G.S. 113-270.3(b)(4).

(b)  No person shall possess, transport, or import a raptor for falconry purposes or practice falconry in this state without having first obtained and having in possession:

(1)           a falconry permit as defined in Rule .0801 of this Section from this state or another state that issues non-resident falconry permits or licenses,

(2)           a North Carolina resident or non-resident falconry license as required by G.S.113-270.3(b)(4),

(3)           any other general purpose or special purpose license required by the applicable laws of this state.

History Note:            Authority G.S. 113‑134; 113-270.3(b)(4); 50 C.F.R. 21.28; 50 C.F.R. 21.29;
Eff. September 1, 1979;
Amended Eff. July 1, 1998.

15A NCAC 10H .0803       APPLICATION FOR PERMIT

Any resident of this state who wishes to take raptors in this state or to practice falconry must submit an application for a falconry permit to the commission on a form approved by the U.S. Fish and Wildlife Service. Such application shall be accompanied by a fee in the amount of ten dollars ($10.00) to defray the cost of administering the examination required by Rule .0804 of this Section.

History Note:            Authority G.S. 113‑134; 113‑270.3(b)(5); 50 C.F.R. 21.28; 50 C.F.R. 21.29;
Eff. September 1, 1979.

15A NCAC 10H .0804       EXAMINATION

Before any falconry permit is issued the applicant shall be required to answer correctly at least 80 percent of the questions on a supervised examination, approved by the U.S. Fish and Wildlife Service and administered by the commission, relating to basic biology, care, and handling of raptors, literature, laws, regulations and other appropriate subject matter. Such examination shall not be required of any applicant who holds a currently valid permit from another state meeting the federal standards and listed in Paragraph (k) of 50 C.F.R. 21.29.

History Note:            Authority G.S. 113‑134; 113‑270.3(b)(5); 50 C.F.R. 21.29;
Eff. September 1, 1979.

15A NCAC 10H .0805       DURATION OF PERMIT

A falconry permit or the renewal of such a permit is valid when issued by the state and expires on June 30 of the third calendar year after it is issued, unless a different period is specified on the permit or the renewal.

History Note:            Authority G.S. 113‑134; 113‑270.3(b)(5); 50 C.F.R. 21.28;
Eff. September 1, 1979.
Amended  Eff. May 17, 2004

15A NCAC 10H .0806       CONDITIONS OF PERMIT

Every falconry permit shall be issued subject to the following special conditions:

(1)        A permittee may not take, transport or possess a golden eagle (Aquila chrysaetos) unless authorized in writing by the U.S. Fish and Wildlife Service.

(2)        A permittee may trade or transfer a raptor to another permittee if the transaction occurs entirely within the state and no money or other consideration is involved. A permittee may trade or transfer a raptor to another permittee in an interstate transaction if the prior written approval of the Commission is obtained and no money or other consideration is involved in the transaction. A permittee must report all acquisitions and dispositions of raptors to the U.S. Fish and Wildlife Service and to the Commission on forms supplied by the Commission. A permittee may purchase, sell or barter any lawfully possessed raptor which is bred in captivity under a federal raptor propagation permit and banded with a numbered seamless marker provided by the U.S. Fish and Wildlife Service, provided:

(a)    the person receiving such raptor is authorized to possess it under this Section, or 50 CFR 21, or the foreign country of his residence or domicile in accordance with 50 CFR 21.28(e)(2)(iii)(A); and

(b)    the permittee transferring such raptor has acquired it from a person authorized to possess it as provided by Sub-item (2)(a) of this Rule.

(3)        A permittee may not take, possess, or transport a raptor in violation of the restrictions, conditions, and requirements of the federal and state falconry regulations.

(4)        The falconry seasons and the daily, possession and season bag limits are contained in 15A NCAC 10B .0216.

(5)        A permittee must have his permit in possession at all times when raptor trapping devices or raptors are in his possession away from his residence.

(6)        In addition to criminal penalties for violations provided by federal and state statutes, permits are subject to suspension or revocation in accordance with applicable law.

History Note:            Authority G.S. 113‑134; 113‑270.3(b)(5); 50 C.F.R. 21.28; 50 C.F.R. 21.29;
Eff. September 1, 1979;
Amended Eff. February 1, 1994; April 1, 1991; February 1, 1985.

15A NCAC 10H .0807       CLASSES OF PERMITS

(a)  Apprentice Class.  Apprentice class falconry permits are subject to the following conditions, requirements and limitations:

(1)        The permittee must be at least 14 years old.

(2)        Regardless of the age of the permittee, the apprentice must have a sponsor who is a holder of a general or master falconry permit for the period during which the apprentice permit is held. The sponsor must be a North Carolina resident or must live within 200 miles of the apprentice. A sponsor may not have more than three apprentices at any one time.  A sponsor must provide written justification to the Commission when he decides to drop an apprentice. The Commission will notify the apprentice who must obtain another sponsor and so advise the Commission within 90 days. The apprentice's raptors may be seized by the Commission and the permit revoked if after the 90 day period the apprentice fails to obtain another sponsor and/or to notify the Commission of the same. If after 180 days, the apprentice fails to obtain another sponsor and/or to notify the Commission of the same, he shall be required to reapply and be reexamined prior to the re-issuance of his permit.

(3)        The permittee may not possess more than one raptor and may not obtain more than one raptor for replacement during any period of 12 months.

(4)        The permittee may possess only the following raptors which must be taken from the wild: an American kestrel (Falco sparverious), a red‑tailed hawk (Buteo jamaicensis), or a red‑shouldered hawk (Buteo lineatus).
 

(b)  General Class.  General class falconry permits are subject to the following requirements and limitations:

(1)        The permittee must be at least 18 years old.

(2)        The permittee shall have at least two years experience in the practice of falconry at the apprentice level or its equivalent. The permittee's apprentice sponsor must provide written certification of the falconer's skills on forms supplied by the Commission. This certification must also be approved by at least one other general or master class falconer by his signature and falconry permit number on the form.

(3)        The permittee may not possess more than two raptors and may not obtain more than two raptors for replacement during any period of 12 months.

(4)        The permittee may not take, transport, or possess any golden eagle or any species listed as endangered or threatened under the federal regulations, except as provided by the federal falconry regulations.
 

(c)  Master Class.  Master class falconry permits are subject to the following conditions and limitations:

(1)        The permittee must have at least five years' experience in the practice of falconry at the general class level or its equivalent.

(2)        The permittee may not possess more than three raptors and may not obtain more than two raptors taken from the wild for replacement during any period of 12 months.

(3)        The permittee may not take, transport, or possess any golden eagle for falconry purposes unless authorized in writing by the U.S. Fish and Wildlife Service.

(4)        The permittee may not take species listed as endangered in 50 CFR 17 but may transport or possess such species in accordance with 50 CFR 17.

(5)        The permittee may not take during any period of 12 months, as part of his three‑bird limitation, more than one raptor listed as threatened in 50 CFR 17 and then only in accordance with 50 CFR 17.

History Note:            Authority G.S. 113‑134; 113‑270.3(b)(5); 50 C.F.R. 21.29;
Eff. September 1, 1979;
Amended Eff. May 1, 1995; May 1, 1991; February 1, 1985.

15A NCAC 10H .0808       FACILITIES AND EQUIPMENT

(a)  Inspection and Certification. Prior to initial issuance of a North Carolina falconry permit, the applicant's raptor housing facilities and falconry equipment shall be certified by a representative of the Commission as meeting the standards set forth in Subsections (b) and (c) of this Rule. 

(b)  Housing Facilities. The primary consideration of raptor housing, whether indoors (mews) or outdoors (weathering area), being protection of the raptor from the environment, predators, and undue disturbance, the applicant shall have holding facilities meeting the following standards:
 
(1)           Standards for Apprentice Class Falconry Facilities:

(A)        Indoor Facilities (Mews).  Minimum size of the mews shall be 8 x 8 feet with access provided by a door that allows easy access and maintenance, and that shall close automatically or be securable inside and outside.  Mews should be located away from undue disturbance and shade should be provided. There shall be at least one window, protected on the inside by vertical bars spaced narrower than the width of the raptor's body and containing a window perch. The floor of the mews shall permit easy cleaning and shall be well drained. Adequate perches shall be provided. The interior of the mews shall be free of splinters, protruding nails and other obstructions that could be injurious to the raptor. Any lighting fixtures shall be shielded or otherwise protected. 

(B)        Outdoor Facilities (Weathering Areas).  Weathering areas shall be fenced and covered with netting or wire mesh, or roofed to protect the raptor from disturbance and attack by predators.  Covers or roofs shall not be less than seven feet. The enclosed area shall be no less than 8 x 8 feet, but large enough to insure the raptor cannot strike the fence, cover or roof when flying from the perch. The floor of the weathering area shall be covered with a thick layer of natural or artificial material that allows for adequate drainage. Protection from excessive sun, wind, and inclement weather shall be provided for the raptor. The weathering area shall also include a jump box, A‑frame, or similar structure constructed of weatherproof material and which will offer the raptor a secure perch with adequate head and tail clearance.  At least two perches shall be provided for the raptor. These shall be covered with artificial turf, hemp rope, or similar material. Secured leash shall offer access to all perches and bath container yet should not allow the raptor to come in contact with the fence and be free from entanglement. All areas accessible to the raptor shall be smooth and free of splinters and other obstructions that could be injurious to the raptor. 

(2)           Standards for General and Master Class Falconry Facilities:

(A)        Indoor Facilities (Mews). The mews shall be of a size to allow easy access for caring for the raptors held in the facility and shall have a secure door that can be easily closed. If more than one raptor is to be kept in a mews, the raptors shall be tethered or separated by partitions and the area for each raptor shall be large enough to allow the raptor 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 raptor's body and containing a window perch. The floor of the mews shall permit easy cleaning and shall be well drained. Adequate perches shall be provided. The interior of the mews shall be free of splinters, protruding nails and other obstructions that could be injurious to the raptor. Any lighting fixtures shall be shielded or otherwise protected. 

(B)        Outdoor Facilities (Weathering Areas).  Weathering areas shall be fenced and covered with netting or wire mesh, or roofed to protect the raptor's from disturbance and attack by predators, except that perches more than six and one‑half feet high need not be covered or roofed. The enclosed area shall be large enough to insure the raptor(s) cannot strike the fence when flying from the perch. The floor of the weathering area shall allow for adequate drainage.  Protection from excessive sun, wind, and inclement weather shall be provided for each raptor. Adequate perches shall be provided. All areas accessible to the raptor shall be smooth and free of splinters and other obstructions that could be injurious to the raptor. 

(c)  Equipment.  The following items shall be in the possession of the applicant before he can obtain a permit:

(1)       At least one pair of Alymeri type (two-piece) jesses constructed of pliable high‑quality leather or suitable synthetic material.

(2)       At least one flexible, weather‑resistant leash and one figure eight type swivel of acceptable falconry design;

(3)       At least one suitable bath, 2"‑6" deep and wider than the length of the raptor for drinking and bathing for each raptor;

(4)       A reliable scale or balance with perch attached for weighing raptors held and capable of weighing up to five pounds and graduated to increments of not more than 1/2 ounce or 15 grams;

(5)       Outdoor Perches.  At least one portable weathering area perch of an acceptable design (block perch, ring perch, or bow perch) shall be provided for each raptor;

(6)       At least one pair of bells of falconry design and of appropriate size.
 

(d)  Maintenance. All facilities and equipment shall be kept at or above the standards contained in Paragraphs (b) and (c) of this Rule at all times. 

(e)  Transportation and Temporary Holding. A raptor may be transported or held in temporary facilities which shall be provided with an adequate perch and protected from extreme temperatures and excessive disturbance for a period not exceeding 30 days.

History Note:            Authority G.S. 113‑134; 113‑270.3(b)(5); 50 C.F.R. 21.29;
Eff. September 1, 1979;
Amended Eff. May 1, 1995; April 1, 1991.

15A NCAC 10H .0809       MARKING

All peregrine falcons (Falco peregrinus), gryfalcons (Falco rusticolus), and Harris hawks (Parabuteo unicinctus) possessed for falconry purposes must be marked in accordance with the following provisions: 

(1)        Any peregrine falcon (Falco peregrinus), gyrfalcon (Falco rusticolus), or Harris hawk (Parabuteo unicinctus), except a captive bred raptor lawfully marked by a numbered, seamless band issued by the Service, must be banded with a permanent, non‑reusable, numbered band issued by the Service. 

(2)        Any peregrine falcon (Falco peregrinus), gyrfalcon (Falco rusticolus), or Harris hawk (Parabuteo unicinctus), possessed for falconry purposes must be banded at all times in accordance with these standards. Loss or removal of any band must be reported to the issuing office within five working days of the loss and must be replaced with a permanent non‑reusable, numbered band supplied by the Service. 

(3)        After the effective date of this Section, before any unmarked raptor of these species is acquired in this state, an appropriate marker must be first acquired and attached to the raptor immediately upon acquisition. A written application is required to obtain any such marker. 

(4)        Permittees must affix a non‑reusable marker to any raptor which may require retrapping.  Only marked raptors may be retrapped at any time. 

(5)        Counterfeiting or Alteration. No person shall counterfeit, alter, or deface any marker required by this Rule, except that permittees may remove the rear tabs on markers and may smooth any surface imperfections provided the integrity of the markers and numbering are not affected.

History Note:            Authority G.S. 113‑134; 113‑270.3(b)(5); 50 C.F.R. 21.29;
Eff. September 1, 1979;
Amended Eff. April 1, 1991; July 1, 1988.

15A NCAC 10H .0810       TAKING RAPTORS

No raptor shall be taken from the wild in this state except by a person holding a currently valid falconry permit as defined in Rule .0801 of this Section from this state or another state that issues non-resident falconry permits or licenses and a currently valid resident or non-resident falconry license, and then only in accordance with the following instructions: 

(1)        Young birds not capable of flight (eyasses) may not be taken without a special permit issued by the commission. These permits shall be issued only to persons holding general or master class falconry permits and are valid during the period May 1 through June 30. No more than two eyasses may be taken by the same permittee during this period.

(2)        First year (passage) birds may be taken only during the period September 4 through December 31, except that marked raptors may be re-trapped at any time. 

(3)        Only American kestrels (Falco sparverius) and great horned owls (Bubo Virginianus) may be taken when over one year old, except that any raptor other than an endangered or threatened species taken under a depredation or other special purpose permit issued by the U.S. Fish and Wildlife Service may be used for falconry by general and master class falconers.

History Note:            Authority G.S. 113‑134; 113-270.3(b)(4); 50 C.F.R. 21.29;
Eff. September 1, 1979;
Amended Eff. July 1, 1998.

15A NCAC 10H .0811       OTHER RESTRICTIONS AND CONDITIONS

(a)  A person who possesses a lawfully acquired raptor before the effective date of this Section and who fails to meet the permit requirements for falconry shall be allowed to retain such raptor, but shall not engage in the practice of falconry. Each such bird shall be identified with a marker supplied by the commission and cannot be replaced if death, loss, release, or escape occurs. 

(b)  A falconry permittee who possesses raptors before the effective date of this Section, in excess of the number allowed under his class of permit, shall be allowed to retain the extra raptors.  All such birds shall be identified with markers supplied by the commission and no replacement or additional raptor may be obtained until the number in possession is at least one less than the total number authorized by the class of permit held by the permittee. 

(c)  No species of raptor which is not indigenous to this state shall be intentionally released to the wild in this state without written authorization having been first obtained from the commission.  When any raptor, whether or not indigenous to this state, is intentionally released to the wild in this state, the marker shall be removed from such bird and surrendered to the commission, and a standard federal bird band shall be attached to the bird by a state or federally‑authorized federal bird bander. 

(d)  By written authorization of the permittee accompanying the transfer, a falconry permittee may commit the care of raptors to another person. If the period of such care will exceed 30 days, the permittee, within three days of the transfer, shall inform the commission in writing of the transfer and the reason therefore, where the birds are being held, who is caring for them, and approximately how many days they will remain in the care of such other person. 

(e)  Feathers that are molted, or those from raptors held in captivity that die, may be retained and exchanged by falconry permittees only for imping purposes.

History Note:            Authority G.S. 113‑134; 113‑270.3(b)(5); 50 C.F.R. 21.29;
Eff. September 1, 1979.

15A NCAC 10H .0812       INTERSTATE TRANSPORTATION

(a)  A nonresident of this state who holds a currently valid falconry permit from another state which is listed in Paragraph (k) of 50 C.F.R. 21.29 may transport his raptors into or through this state for use in the practice of falconry, provided all laws and regulations governing the practice of falconry in this state are observed. 

(b)  A resident of this state who holds a falconry permit issued by the commission may transport his raptors into or through other states listed in Paragraph (k) of 50 C.F.R. 21.29 for use in the practice of falconry, provided all laws and regulations of such states governing the possession and transportation of raptors and the practice of falconry are observed.

History Note:            Authority G.S. 113‑134; 113‑270.3(b)(5); 50 C.F.R. 21.29;
Eff. September 1, 1979.

15A NCAC 10H .0813       RAPTOR PROPAGATION PERMIT

(a)  Raptor propagation permits shall be obtained from the Commission and from the U.S. Fish and Wildlife Service prior to the captive breeding of any raptor. 

(b)  Permit requirements, application procedures, issuance criteria, and additional permit conditions for issuance of federal raptor propagation permits are set forth in 50 C.F.R. 21.30 which is hereby incorporated by reference and shall include any subsequent amendments.

(1)        The state permit shall run concurrently with the federal permit and will expire on the same date as the federal permit.  The state permit may be revoked or renewal may be denied for violation of the provisions of 50 C.F.R. 21.30.

(2)        A copy of all applications and other records required under 50 C.F.R. 21.30 must be submitted to the Commission and to the U.S. Fish and Wildlife Service. 

(c)  Protected species of raptors listed as species of special concern in 15A NCAC 10I .0005, when lawfully acquired, may be propagated.(d)  Sale of raptors taken from the wild is prohibited.

History Note:            Authority G.S. 113-134; 113-270.3(b)(5); 50 C.F.R. 21.29;
Eff. February 1, 1994;
Amended Eff. July 1, 1994.