Falconry - Regulations in The U.S

Regulations in The U.S

In the United States, falconry is legal in all states except Hawaii. It is also illegal in the District of Columbia. A falconer must have state and federal licenses to practice the sport. Acquiring a falconry license in the US requires an aspiring falconer to pass a written test, have equipment and facilities inspected, and serve a minimum of two years as an apprentice under a licensed falconer. There are three classes of the falconry license, which is a permit issued jointly by the falconer's state of residence and the federal government. The aforementioned Apprentice license matriculates to a General Class license, which allows the falconer to possess no more than two raptors at a time. After a minimum of 5 years at General level, falconers may apply for a Master Class license, which allows them to keep 3 raptors for falconry.

Within the U.S., a state's regulations may be more, but not less, restrictive than the federal guidelines. Both state and federal regulations (as well as state hunting laws) must be complied with by the falconer. Most states afford falconers an extended hunting season relative to seasons for archery and firearms, however species to be hunted, bag limits, and possession limits remain the same for both. No extended seasons for falconry exist for the hunting of migratory birds such as waterfowl and doves.

Federal regulation of falconry in North America is enforced under the statutes of the Migratory Bird Treaty Act of 1918 (MBTA), originally designed to address the rampant commercial market hunting of migratory waterbirds during the early 20th century. Birds of prey suffered extreme persecution from the early 1900s through the 1960s, where thousands of birds where shot at conspicuous migration sites and many state widlife agencies issued bounties for carcasses. Due to widespread persecution and further impacts to raptor populations from DDT and other toxins, the act was amended in 1972 to include birds of prey (eagles are also protected under the Bald and Golden Eagle Protection Act of 1959). Under the MBTA, it is illegal for people to "take" migratory birds, their eggs, feathers or nests. Take is defined in the MBTA to "include by any means or in any manner, any attempt at hunting, pursuing, wounding, killing, possessing or transporting any migratory bird, nest, egg, or part thereof". Falconers are allowed to trap, and otherwise possess certain birds of prey and their feathers with special permits issued by the Migratory Bird Office of the U.S. Fish and Wildlife Service and by state wildlife agencies (issuers of trapping permits).

The Convention on International Trade on Endangered Species of Wild Flora and Fauna (CITES) restricts the import and export of most native birds species and are listed in the CITES Appendix I, II, & III.

The Wild Bird Conservation Act (WBCA), legislation put into effect circa 1993, regulates importation of any CITES-listed birds into the United States.

Some controversy exists over the issue of falconer's ownership of captively bred birds of prey. Falconry permits are issued by the U.S. Fish & Wildlife Service in a manner that entrusts falconers to "take" (trap) and possess permitted birds and use them only for permitted activities, but does not transfer legal ownership. No legal distinction is made between native wild trapped vs. captive bred birds of the same species. This legal position is designed to disincentivize the commercial exploitation of native wildlife.