Is it legal to let people handle your bird if they don't have a falconry license? I've always wondered if I'd be breaking the law if I let my family members hold my bird.
You are fine to let other people hold or touch your bird as long as they're under your supervision, but as always, be cautious. There is a risk to letting other folks, especially nonfalconers, handle your bird that includes risk to the hawk's health, the human's health, and risk of losing your bird (someone not holding jesses/leash correctly, etc.)
However, it's not a matter of legality, it's a matter of your own personal opinion. Read the bird and read the situation and things should be OK. Touching or handling a wild raptor can make a huge impression in someone's life and leave a lasting memory. Make sure it's not a negative experience!
If you dislike someone, walk a mile in their shoes. Then, you are a mile away from them, and you have their shoes. --Jack Handy
Thank you very much! That's what I thought, but I just wanted to make sure My red-tail is very good with strangers and I love the effect it has on people when they hold or pet him for the first time.
Check your state laws. It may be considered “Educational use of raptors” and “Raptors used in falconry demonstrations activities may not have any physical contact with members of the audience or general public”.
I personally think it is not a good idea to let any non-falconer handle or touch your bird. It is not only putting the person at risk of injury but the bird as well. Letting people pet a bird of prey is never a good idea.
The initial post was asking about family members. Not an audience or general public.
Federal and thereby all state regs do not allow apprentices to practice educational programs without the presence of a general or master falconer.
However: The guy was simply asking about the legality of :: the allowance of someone else to touch / hold the bird. not if he can start up a raptor petting zoo.. If he is supervising this, it is legal to do so, He is not breaking the law if he lets his dad hold the hawk for a minute. even if it may be Ill advised by some people.
Just remember that your bird may be a perfect little angel to you. But I bet you have still had a talon touch skin more then once. How would a person unfamiliar react to that? As stated it could get harmful very quick.
Last Edit: Jul 31, 2012 23:35:03 GMT -5 by nanahawk
The initial post was asking about family members. Not an audience or general public.
Federal and thereby all state regs do not allow apprentices to practice educational programs without the presence of a general or master falconer.
However: The guy was simply asking about the legality of :: the allowance of someone else to touch / hold the bird. not if he can start up a raptor petting zoo.. If he is supervising this, it is legal to do so, He is not breaking the law if he lets his dad hold the hawk for a minute. even if it may be Ill advised by some people.
Just remember that your bird may be a perfect little angel to you. But I bet you have still had a talon touch skin more then once. How would a person unfamiliar react to that? As stated it could harmful very quick.
Thank you very much for your help. I really appreciate it. Where can I find the exact state and federal rules? I figured it was ok to let my family members or close friends hold him once or twice.
But here's the real purpose behind this question: there are students planning to start a bird of prey club at my college. It is free for the students, so it is technically not a paid educational program. The point of the club is for students who love birds of prey to learn more about them and find ways to work with these birds. Many of the students are very interested in falconry. Would it be legal for me to bring my birds to the club to introduce the students to the sport? I was recently upgraded to general class, if that makes a difference in the legality.
I know it is generally ill-advised to let others handle your bird, and I'm sure I'll get a scolding or two for even asking about this, but I love the sport of falconry and I really enjoy letting others learn about it and experience it first hand. I know three people who have started on the path to becoming an apprentice after I let them work with my bird for a day (under my supervision, of course). I myself got into the sport after an experienced master falconer let me work with his birds. I didn't even know it was possible until he showed it to me. I want to give that chance to others.
Would it be illegal to let someone hold my bird in that situation?
1st of all where you find the rules is dependent on what state you live in. They would be located at your states parks and wildlife website. The federal rules are more general, You don't need to look them up directly. As The state rules must comply with the Feds, but can be made more strict (not less) then Feds.
2nd Cindy is spot on. Check the State regs. You may not be able to allow a Bird of prey in that setting to be held. Wether The program is paid or not is of no concern. It would be considered education in that setting.
3rd if that was the main purpose for asking this question, why did you ask the other question if you figured it was right?
It should not be our mission to convince everyone else to take up falconry. In fact if I find someone interested. I try to show them falconry / the sport itself, not the bird, I take them hunting through the woods on cold wet days, and on hot muggy days getting bit by mesquitos. I talk about regulation requirements, time spent on my bird every day, I show them how to field dress a squirrel, and the responsibility to the bird ect.
I don't let them hold my hawk. Why? Becuase holding the hawk is "cool", it evokes a mindset that haveing a hawk would be "cool". It boosts egos, It can drive a person to set out on a path they may not be prepared for (monetarily, mentally, physically), It gets them thinking about obtaining a bird.
That mindset seems to not include actually hunting the bird. Sure They might free fly the hawk but nothing more. Falconry is defined as::"the hunting of wild quarry in its natural state and habitat by means of a trained bird of prey". I have seen to many "apprentices" lately that do not hunt the bird they have, they think it's great to have a hawk but either don't have the time to hunt it, or just think its fine and dandy to let it sit in the mews all day// maybe they will fly it around the yard once or twice, and they call themselves "falconers" because they like the title.
Last season I took 6 people that expressed interest in falconry, out with me on hunts. I never let them touch/hold the bird. They expressed gratitude in allowing them to watch this hawk hunt in the wild. But most of them could not get past the wild part. Getting shoes muddy getting stuck by thorns. Sweating so much they needed to change close after (I live in south Texas). They normally could not find enough time to go again. Only one of them is an apprentice now. But she knows what she is getting into, and is prepared to act accordingly. I believe that education is way more important then letting someone hold my bird.
No. The simple answer is NO. You hold a falconers license . Do you remember what it entailed to get your license ? It is illegal in the US for a Non-Licensed citizen to handle or possess a Bird of Prey . You are a falconer , defined as someone who hunts with a Bird of Prey . You are not a rehabbed and Ed program director . You need to be asking your state DWR these questions about legality Not an open forum on the Internet . Saying , " well these guys on the Internet said it was OK " doesn't make it legal .
A BOP is faster in every aspect than a well intended human . As Nana already pointed out , how long did it take for you to get use to sharp talons touching flesh? If your RT decides it doesn't like red that day or orange or Phish Tshirts , it may flail . If it notices the person holding it is nervous or over excited , it may bate. Will the club of Birders know how to respond before someone gets scratched or cut ? Better yet will the bird be injured by a non experienced , Non licensed person trying to return her to the glove . This a simple scenario that can end badly and if you are a general you already know the answer you are looking for . Wait till you No longer fly a Wild Native Animal before you want it to be part of a Show . When you start doing shows , stop calling it falconry , falconry is the art of hunting not sharing your BOP .
Last Edit: Aug 1, 2012 11:14:51 GMT -5 by echotadog
It is good to have an end to Journey towards, but it is the journey that matters in the End. - Ernest Hemingway
Thank you for the advice. I know falconry birds are not for show, and I assure you I didn't get a bird just to show it off. I free fly and hunt with my bird daily. He is not a "pet." The people I know who are beginning the path to becoming falconers didn't just see my bird and convert. I took them with me on hunts and didn't let them handle my bird at all until they had gained some experience and understanding. The question originally came up because my friend (one of the club founders) asked me to come and it was a very tempting idea, but I wasn't sure if it would be legal. But you are absolutely right, letting people handle a bird too early might give them the wrong idea of the sport. I didn't think of it that way before. Thank you everyone for your input. I appreciate the advice.
Post by burnindaylight on Aug 14, 2012 16:33:37 GMT -5
I disagree...with some of what has been said.
As far as "a show" or "eduacational presentation", both my wife and I are very much into the educational end of falconry and do about 7 presentations a year, sometimes more.
True, by definition falconry says nothing about educating the general public about the sport of falconry.
However we dont call them "shows" and that's very far from the truth. We eduacate young people and adults alike on the sport of falconry. We speak to the hunting and non-hunting public. Our presentations take us to area schools and church groups and even hunter's education classrooms!
Both my wife and I are big believers in educating the public about our sport and presenting to the general public the sport of falconry in a positive light.
Many do not even know that the sport exsists and others have no idea that it is the oldest sport known to mankind.
We believe that there are great benefits to public speaking on the subject. Our presentations are well recieved and often times we are invited back to the point we have to turn some folks down.
This September I will be making a presentation in Horicon Wisconsin for a Conservatioin Warden recruit school on the sport of falconry.
I would encourage anyone that is licensed and after checking their State regulations to become part of a program on falconry.
In fact, our WDNR yearly reports actually has a field that requires a report on how many presentation a Wisconsin falconer participates in.
As far as transfering a bird to a person that is unlicensed or unexperenced....should not happen.
However, that being said, on occasion we have let older students hold "Missy" my wife's haggard kestrel on a glove. Missy, who is "dog tame" enjoys the attention! Missy also does a falconry demonstartion with my wife, who calls her to the glove in free flight! Drives home the point regarding falcons, food and the glove!
Some may disagree but that's what this is all about - agreeing to disagree!
Try talking to a local boy/girl scout troop sometime...you may find that you really enjoy it!
So how do you feel about the New ethics policy NAFA have adopted that basically only wants education programs as you are doing to be carried out by educators and not falconers.
Post by burnindaylight on Aug 15, 2012 19:55:50 GMT -5
I'm assuming this is the "ethics" policy you are refering too Steveouk?
After review I dont find anything that remotely talks about "educators" taking on the responsibility of "education programs".
We do "falconry programs" and they meet and exceed the basic requests of this "ethics policy"! They are professional done.
Both my wife nd I are certified Wisconsin Hunter Education Instructors as well, so we are no strangers to public speaking and presentations!
Take a "read" on the below listed "ethics" policy entitled "Publicity".
Publicity Falconers are cautioned about the dangers of publicity. Those considering public presentation are urged to consult NAFA's Public Information Officer. In general, the only two acceptable alternatives are the very highest quality presentation or no publicity at all. With or without publicity, application of discretion, moderation, and common sense by all falconers will go a long way toward maintaining a favorable image of our sport. Activities aimed at, or reasonably capable of, recruiting new falconers are to be avoided. Falconry is not for everyone and the decision to become an apprentice falconer should be carefully made. Falconers should not be overly solicitous when approached by someone wishing to become a falconer. Making sure they understand the true nature and requirements of falconry is the primary goal.
If there is another "policy" out there...please let me know!
From a federal stand point the new regulations allow for people without licenses to handle your bird.
(a) Background —(1) The legal basis for regulating falconry. The Migratory Bird Treaty Act prohibits any person from taking, possessing, purchasing, bartering, selling, or offering to purchase, barter, or sell, among other things, raptors (birds of prey) listed in §10.13 of this subchapter unless the activities are allowed by Federal permit issued under this part and part 13 of this chapter, or as permitted by regulations in this part.
(2) “ Possession” and short-term handling of a falconry raptor. We do not consider short-term handling, such as letting any other person hold or practice flying a raptor you possess under your permit, to be possession for the purposes of this section if you are present and the person is under your supervision.
This doesn't seem to make a distinction between an educational or a one on one setting but the wording on the requirements for doing educational "shows" is pretty clear.
(8) Use of falconry raptors in conservation education programs . If you are a General or Master Falconer, you may use a bird you possess in conservation education programs presented in public venues.
(i) You do not need a Federal education permit to conduct conservation education activities using a falconry raptor held under a State, tribal, or territorial falconry permit.
(ii) You may present conservation programs as an Apprentice Falconer if you are under the supervision of a General or Master Falconer when you do so.
(iii) You must use the bird primarily for falconry.
(iv) You may charge a fee for presentation of a conservation education program. The fee may not exceed the amount required to recoup your costs.
(v) In conservation education programs, you must provide information about the biology, ecological roles, and conservation needs of raptors and other migratory birds, although not all of these topics must be addressed in every presentation. You may not give presentations that do not address falconry and conservation education.
(vi) You are responsible for all liability associated with conservation education activities you undertake ( see 50 CFR 13.50).
As has been stated earlier, the federal regulations are the guide lines the states must follow. The states can be more restrictive but not less. You do have to check with your state to make sure it is legal where you live.
As far as actually letting a non-licensed person handle you birds, that is your person decision and you must base that on both the person and the bird's abilities and tolerances. I personally don't have a problem with it. I really don't care if these person will never peruse a falconer license and only wants to hold my bird because it is "Cool".
I live in an area where "chicken hawks" are still shot on a regular basis. If by holding one of my hawks, one of these people can see that a hawk could be more that just another moving target then it has been worth it.
Please don't miss intemperate my intent in saying what I said. I am not against letting people hold my bird as a whole. Or against qualified individuals teaching groups of People about birds of prey. We are talking about 2 different things now.
The original discussion was about people in a "bird of prey group", so those would be people that already have some knowledge on the subject and also thereby admiration (not people likely to grab there shotgun and shoot them).
Secondary intent was to basically recruit new falconers in that group, which the NAFA ethics policy does mention:: "Activities aimed at, or reasonably capable of, recruiting new falconers are to be avoided."
Again if a person shows interest in falconry, I will be more the happy to show them falconry. But not hold my bird. If its perhaps a land owner who thinks these birds are a menace and wants to kill them my actions and intent would be much different.
My red-tail is very good with strangers and I love the effect it has on people when they hold or pet him for the first time. 
