Falconry Regulations: Federal Rules & State Permits

Federal falconry regulations exist because all native raptors in the United States are protected under the Migratory Bird Treaty Act, one of the oldest wildlife protection laws in the country. Without this federal framework, there would be no legal basis for possessing wild raptors for falconry purposes. The regulations represent a carefully negotiated balance between wildlife conservation priorities and the legitimate interests of falconers. Understanding the federal baseline is essential because these rules apply uniformly across all states, forming the foundation upon which every state program is built.

Permit Classes

Federal regulations establish three classes of falconry permits, each with increasing privileges and requirements:

Species Regulations

Not all raptors are equal under federal law:

Apprentice Species

Federal rules let apprentices fly most species, but most sponsors start them on one of two:

• Red-tailed Hawk: The recommended choice for most beginners
• American Kestrel: Legal but more challenging

Special Restrictions

• Golden Eagle: Master only — up to 3 eagles, with state-documented experience and references
• Bald Eagle: Not permitted for falconry
• Endangered species: Various restrictions apply
• Non-native species: Different regulations (state dependent)

Capture (Take) Regulations

Federal rules govern how you may legally acquire wild raptors:

• Passage birds: Birds of the year, after they leave the nest
• Trapping season: Varies by state; typically fall-winter
• Eyass take: General or Master only; apprentices may not take or keep nestlings
• Limit: You can only take birds to fill open slots in your permit
• Reporting: Must report captures within required timeframe

Facility Requirements

Federal minimums that all facilities must meet:

• Indoor facility (mews): Large enough for the bird to fly
• Perch: At least one appropriate perch
• Protection: From weather and predators
• Weathering area: Outdoor access for manning

Note: States often have more specific requirements. Always check your state regulations.

Record Keeping

You must maintain records of:

• Acquisition: How and when you got each bird
• Disposition: What happened to birds that leave your care
• Band numbers: Federal bands and their assignments
• Transfers: Documentation of birds transferred to/from others

Other Federal Requirements

• Bands: Birds must wear federal bands when required
• Inspections: Facilities subject to inspection
• Transport: Rules for interstate transport
• Rehabilitation: Special permits needed to keep rehab birds

The Two-Tier System

Falconry is regulated at both the federal and state level. Here’s how it works:

Federal Regulations (The Floor)

The U.S. Fish & Wildlife Service (USFWS) sets minimum standards through 50 CFR 21.82. These regulations establish:

• The three license classes (Apprentice, General, Master)
• Minimum time requirements at each level
• Species restrictions by license class
• Maximum number of birds per falconer
• Minimum facility standards
• Reporting and banding requirements

State Regulations (The Specifics)

Each state administers its own falconry program within federal guidelines. States can be more restrictive than federal law, but not less. This means:

• Your state sets the exam content and passing score
• Your state determines exact facility specifications
• Your state may add species restrictions beyond federal minimums
• Your state sets licensing fees and renewal procedures
• Your state schedules inspections and maintains records

Moving Between States

If you move to a new state, you’ll need to:

1. Within 30 days, tell both your old state and your new one
2. Apply for a license in the new state
3. You may keep your birds while you apply, though the new state can restrict them until you meet its residency rules
4. Your facilities must meet the new state’s requirements
5. Ask the new state how it will recognize your current class before you move

Contact both states’ wildlife agencies before moving to understand the process.

Common Compliance Issues

Most violations are unintentional. Common issues include:

• Late reporting: Failing to file 3-186A forms within required timeframes
• Expired licenses: Letting your permit lapse before renewal
• Facility issues: Modifications that take your mews out of compliance
• Record-keeping: Incomplete documentation of acquisitions and transfers

The consequences of violations can range from warnings to license suspension, depending on severity and intent. When in doubt, contact your state agency—they’d rather help you comply than punish mistakes.

Hunting Licenses

In addition to your falconry permit, you need a state hunting license to actually hunt with your bird. This is separate from your falconry license and has its own requirements (usually simpler—often just a fee and hunter education course).

Bookmark the Electronic Code of Federal Regulations (eCFR) page for 50 CFR 21.82, as this is the authoritative source for current federal falconry rules and is updated whenever amendments take effect. Familiarize yourself with the 3-186A reporting system early, even before you have a bird, so the process feels routine once you begin practicing falconry. When planning activities like interstate travel with your bird or transferring a raptor to another falconer, always verify the federal requirements first, then check whether your state imposes additional conditions. Keeping a compliance checklist for routine activities helps prevent the kind of unintentional paperwork violations that most commonly cause problems for licensed falconers.