Michigan State Laws
Chapter IX
Chapter X
Under the authority of section 8, Act 256 of the Public Acts of 1988, being section 300.258 of the Michigan Compiled Laws, the Natural Resources Commission at its February 8, 1989, meeting ordered that the following regulations be filed with the secretary of state on March 31, 1989:
History: Filed with secretary of state, 11:30 a.m., March 31, 1989.
- Sec. 1.2c. "Raptor" means a live migratory bird of the family Accipitridae other than a bald eagle, or of the family Falconidae, or the great horned owl (Bubo virginianus) or snowy owl (Nyctea scandiaca) of the family Strigidae.
History: Am. 1, 1997, Eff. May. 1, 1997.
- Sec. 4.1. A person may possess any animal or parts of any animal, from this state, or from outside of this state, whether living or dead, only as provided in this section:
- (6) Except as otherwise provided in this subsection, live game or protected species, and any other animals which closely resemble game or protected species and can reasonably be confused with game or protected species as determined by the department, which have been lawfully acquired from within this state, or lawfully imported, may be possessed if the person first applies for and has been issued 1 or more of the following licenses or permits specifically authorizing the species to be possessed by that person:
- (c) A state-federal falconry permit.
- (d) A federal raptor propagation permit, except that the possession of a threatened or endangered species must be in compliance with part 365, endangered species protection, of the natural resources and environmental protection act, Act No. 451 of the Public Acts of 1994. A person shall not possess any species under the authority of a federal raptor propagation permit unless that species may be legally used for falconry in Michigan.
History: Eff. Mar. 31, 1989; Am. 22, 1989, Eff. Jan. 1, 1990; Am. 14, 1990, Eff. Aug. 1, 1990; Am. 3, 1996, Eff. Apr. 11, 1996; Am. 1, 1997, Eff. May 1, 1997; Am. 8, 1999, Eff. Sept. 1, 1999.
- Sec. 4.2. A person may import any animal, whether living or dead, or parts of any animal, into this state only as provided in this section:
- (2) Except as otherwise provided in this subsection, live game or protected animals, lawfully taken or acquired in another state, territory, or country and lawfully exported from that state, territory, or country may be imported into this state if the person causing the game or protected animal to be imported complies with sections 5.2 and 5.5 and has first applied for and been issued one or more of the following licenses or permits specifically authorizing possession of the species being imported:
- (c) A state-federal falconry permit.
- (d) A federal raptor propagation permit, except that the importation of a threatened or endangered species must be in compliance with part 365, endangered species protection, of the natural resources and environmental protection act, Act No. 451 of the Public Acts of 1994. A person shall not import any species under the authority of a federal raptor propagation permit unless that species may be legally used for falconry in Michigan.
History: Eff. Mar. 31, 1989; Am. 22, 1989, Eff. Jan. 1, 1990; Am. 14, 1990, Eff. Aug. 1, 1990; Am. 7, 1991, Eff. July 1, 1991; Am. 1, 1997, Eff. May 1, 1997
- Sec. 4.3. A person may buy, offer to buy, sell, offer to sell, or exchange for anything of value animals or parts of animals only as provided in this section:
- (9) The state will allow the buying and selling of raptors as provided by 50 C.F.R. 21.30. No person shall purchase, sell or barter any raptor eggs, any raptors taken from the wild, any raptor semen collected from the wild, or any raptors hatched from eggs taken from the wild.
History: Eff. Mar. 31, 1989; Am. 22, 1989, Eff. Jan. 1, 1990; Am. 14, 1990, Eff. Aug. 1, 1990; Am. 2, 1992, Eff. July 1, 1992: Am. 1, 1997, Eff. May 1, 1997
- Sec. 5.2. (1) A person shall not import live game or protected animals into the state of Michigan without first obtaining an official interstate health certificate or official interstate certificate of veterinary inspection prepared and signed by an accredited veterinarian in the state of origin, except that a veterinarian's certificate of health for raptors lawfully taken from the wild in another state for falconry purposes may be obtained up to 10 days after importation. The certificate shall include all of the following:
- (a) Complete names and addresses of the recipient and supplier, if applicable, and the destination address if different from the recipient's address.
- (b) A description of the wild game or protected animals by species or breed, sex, and age.
- (c) The date of veterinary inspection of the animals either individually or as a flock or herd.
- (d) The intended use of the wild game or protected animal.
- (e) The accredited veterinarian shall certify that the animals are free of contagious, infectious, and toxicological diseases.
- Sec. 9.1. (1) English sparrows, feral pigeons, and starlings may be taken at any time and in any manner permitted
by the provisions of this order. Opossum, weasels, ground squirrels, and red squirrels may be lawfully taken at any
time and in any manner permitted by the provisions of this order.
- (2) Mute swans may be taken by department personnel, and persons may be authorized in writing by the
department to control mute swans by means other than shooting, under 1 or more of the following situations:
- (a) To stabilize mute swan population levels or to prevent new populations of feral mute swans from being
established in this state.
- (b) To prevent mute swans interference with the establishment, reestablishment, or reproductive success of native
wildlife.
- (c) To prevent mute swans interference with the establishment, reestablishment, or reproductive success of
endangered or threatened species.
- (d) To protect public health, safety, or welfare.
- (3) Mute swans taken as provided in this section shall not be released back into the wild in this state. Mute swans
rendered and certified incapable of reproduction and flight by a licensed veterinarian may be converted to private
ownership at that private owner's expense.
- (4) Raptors of designated species may be taken by licensed falconers in limited numbers and during such time
periods as are permitted by the provisions of section 10.10 of this order.
- Sec. 10.2. (1) "Eyasses" means young birds not yet capable of flight.
- (2) "Falconer" means a person possessing a valid falconry permit.
- (3) "Falconry" means the sport of taking quarry by means of a trained raptor.
- (4) "Falconry permit" means a document which authorizes the holder to practice falconry.
- (5) "Federal regulations" means the United States fish and wildlife service regulations and standards.
- (6) "Imping" means the repair of a broken feather on a raptor by attaching a molted feather or feather from
another bird to the stub of the damaged feather.
- (7) "Marker" means the federal identification device bearing a serial number which must be attached to a raptor
used in the sport of falconry.
- (8) "Mew" means the building or room in which raptors are held and sheltered.
- (9) "Service" means the United States fish and wildlife service of the department of the interior.
- (10) "Passage" means a flighted raptor less than 1 year of age.
- (11) "Weathering area" means an outdoor facility in which raptors are held and sheltered.
- Sec. 10.3. (1) An applicant shall be required to answer correctly at least 80 percent of the questions on a
supervised examination provided by the service and administered by the department. The examination shall relate to
basic biology, care and handling of raptors, pertinent literature, laws and regulations, or other appropriate subject
matter. Upon passing the falconry examination, the applicant is eligible to become an apprentice falconer.
- (2) A person may possess, transport, and use raptors for falconry purposes provided the person obtains a falconry
permit from the wildlife division permit specialist, issued in accordance with his or her qualifications. A falconry
permit shall be valid for 3 years, or from issue date through the third June 30 after issue. Applications are to be made
on forms provided by the service or the department.
- (3) There shall be 3 classes of falconry permits. They shall be known as apprentice falconry, general falconry, and
master falconry permits. The qualifications for each class of permits are:
- (a) Apprentice falconry permit:
- (i) An apprentice falconer shall be at least 14 years old.
- (ii) An apprentice falconer, regardless of age, must have a sponsor, who is a general or master falconer, for the
first two years in which an apprentice permit is held. A sponsor shall not have more than 3 apprentices at any one
time.
- (iii) An apprentice falconer shall not possess more than 1 raptor and shall not obtain more than 1 raptor for
replacement during any 12-month period beginning April 1 of each year.
- (iv) An apprentice falconer shall possess only an American kestrel (Falco sparverius) or a red-tailed hawk (Buteo
jamaicensis) which must be taken from the wild in a state where lawful.
- (v) An apprentice falconer shall not import or possess eyasses.
- (b) General falconry permit:
- (i) A general falconer shall be at least 18 years old.
- (ii) A general falconer shall have at least 2 years of falconry experience at the apprentice level or equivalent
falconry experience if obtained prior to the year 1977 or equivalent falconry experience if obtained in a foreign
country. An apprentice falconer, upon meeting the qualifications for a general falconry permit, must make a written
request to the wildlife division permit specialist for a change in classification.
- (iii) A general falconer shall not possess more than 2 raptors and shall not obtain more than 2 raptors taken from
the wild for replacement during any 12-month period beginning April 1 of each year.
- (c) Master falconry permit:
- (i) A master falconer shall have at least 5 years of falconry experience at the general level or equivalent falconry
experience if obtained prior to the year 1977 or equivalent falconry experience if obtained in a foreign country. A
general falconer, upon meeting the qualifications for a master falconry permit, must make a written request to the
wildlife division permit specialist for a change in classification.
- (ii) A master falconer shall not possess more than 3 raptors and shall not obtain more than 2 raptors taken from the
wild for replacement during any 12-month period beginning April 1 of each year.
- (4) As provided by part 435, hunting and fishing licensing, of the natural resources and environmental protection
act, Act 451 of the Public Acts of 1994, being sections 324.43501 to 324.43561 of the Michigan Compiled Laws, a
person taking an animal with the use of a raptor is required to have an appropriate license.
- (5) A general or master falconer shall not transport or possess any golden eagle, or any species not defined as a
raptor, or any species listed as threatened or endangered by the department or service, for falconry purposes, except
as provided by appropriate federal falconry regulations and by part 365, endangered species protection, of the
natural resources and environmental protection act, Act 451 of the Public Acts of 1994, being sections 324.36501 to
324.36507 of the Michigan Compiled Laws.
- Sec. 10.4. (1) A falconer may acquire a raptor only from the following sources:
- (a) Lawful importation as provided by section 4.2 of this order.
- (b) Lawful purchase or barter as provided by section 4.3 of this order.
- (c) A gift or donation of a lawfully possessed raptor.
- (d) Lawful taking as provided in section 10.10 of this chapter.
- (2) A raptor marked as specified in section 10.7 may be retrapped at any time.
- (3) Any change in a permittee's live bird inventory shall be reported to the wildlife division permit specialist
within 5 days of the change by submitting the completed blue copy of federal form 3-186A, migratory bird
acquisition and disposition report.
- Sec. 10.5. (1) Before a falconry permit is issued, an applicant's raptor housing facilities and falconry equipment
shall be inspected and approved by a conservation officer as meeting the following standards:
- (a) The raptor housing facility shall provide protection from the environment, predators, and undue disturbance.
The facility may be classified as either indoor or outdoor and shall meet the following as applicable:
- (i) An indoor facility (mews) shall be large enough to allow easy access for caring for the raptors housed in the
facility. If more than 1 raptor is kept in the mew, the raptors shall be tethered or separated by partitions, and the area
for each shall be large enough to allow the raptor to fully extend its wings. There shall be at least 1 window,
protected on the inside by vertical bars, spaced narrower than the raptor's body, and a secure door that can be closed
easily. The floor of the mew shall permit easy cleaning and shall be well drained. Adequate perches shall be
provided.
- (ii) Outdoor facilities (weathering area) shall be fenced and covered with netting or wire, or roofed to protect the
raptors from disturbance and attack by predators. The enclosed area shall be large enough to ensure the raptor(s)
cannot strike the fence when flying from the perch. Protection from excessive sun, wind, and inclement weather
shall be provided for each raptor. Adequate perches shall be provided.
- (b) The following equipment shall be in the possession of an applicant before a falconry permit shall be issued:
- (i) Jesses—At least 1 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.
- (ii) Leashes and swivels—At least 1 flexible, weather resistant leash and 1 strong swivel of acceptable falconry
design.
- (iii) Bath container—At least 1 suitable container, 2 to 6 inches deep and wider than the length of the raptor, for
drinking and bathing for each raptor.
- (iv) Outdoor perches—At least 1 weathering area perch of an acceptable design for each raptor.
- (v) Weighing device—A reliable scale or balance suitable for weighing a raptor, graduated to increments of not
more than 1/2 ounce (15 grams).
- (c) All facilities and equipment shall be kept at or above the preceding standards at all times.
- (d) Raptors held in captivity shall be handled in a sanitary and humane manner and kept free as far as practicable
from parasites, sickness, or disease.
- Sec. 10.10. (1) Except as provided in section 10.4
- (2) of this chapter, a licensed falconer may not take any raptor
from the wild in the State of Michigan without first applying for and receiving a raptor capture permit from the
wildlife division permit specialist. Permits will be issued subject to all of the following requirements and conditions:
- (a) The total number of raptors taken by all falconers, both resident and nonresident, in any 1 calendar year shall
not exceed 25 and shall be limited to the following species: American kestrel (Falco sparverius), Cooper's hawk
(Accipiter cooperii), red-tailed hawk (Buteo jamaicensis), and sharp-shinned hawk (Accipiter striatus). The total
number of all raptors taken by nonresident falconers in any 1 calendar year shall not exceed 5. Raptors shall not be
taken except for use in falconry.
- (b) There shall be 3 separate contiguous seasons. No more than 1 permit for 1 raptor will be issued to a falconer
for any 1 taking season. If the total number of applications for a given season exceeds the number of raptors that
may be lawfully taken, permits shall be awarded by lottery. A person who is not a licensed falconer shall not apply
for a permit to take a wild raptor. A person may apply only once per season for a permit under this section. If the
total number of raptors taken during the early passage season and the eyas season plus the permits issued for the late
passage season is less than 25, additional permits may be issued on a first-come, first-served basis until the total
number of birds taken and permits issued for the late passage season equals 25. Leftover permits will not be issued
after December 23.
- (c) Eyas raptors may be taken from May 16 through July 12. Permit applications to take eyas raptors must be
submitted to the wildlife division permit specialist between March 1 and April 30.
- (d) Passage raptors may be taken during the early passage season from April 16 through April 30 and during the
late passage season from September 16 through December 31. Permit applications to take passage raptors must be
submitted to the wildlife division permit specialist between February 1 and March 31 for the early season and
between July 1 and August 31 for the late season. Catching devices used to take a passage raptor must have the
name and address in legible English or the complete Michigan driver license number of the user or person
possessing the device permanently etched in the catching device, or there shall be securely fastened to each catching
device a metallic plate or tag bearing the name and address in legible English or the complete Michigan driver
license number of the user or person possessing the catching device.
- (e) Only American kestrels (Falco sparverius) may be taken when over 1 year old.
- (f) Taking of raptors on national lakeshores, national recreation areas, and all state lands is prohibited.
- (g) Only licensed falconers may have direct contact with a raptor nest.
- (h) Licensed falconers must obtain written permission from property owners or land managers before making
direct contact with any raptor nest.
- (i) An eyas may be taken only if at least 2 healthy young raptors are left in the nest.
- (j) A licensed falconer shall report the nest location from which an eyas is taken by township, range, and section
to the wildlife division permit specialist within 5 business days after the raptor is taken.
- (k) Red-tailed hawks (Buteo jamaicensis) shall not be taken during the early passage season.
- Sec. 11.1. (1) For the purposes of this chapter, "exhibit" means to possess and show a captive animal of a species for which a permit to hold wildlife in captivity is required, near a commercial establishment or at any place which is open for public viewing.
- (2) Television shows, sportsperson shows, and similar transient events of temporary exhibit shall be considered theatrical events exempt from the provisions of this chapter. The department shall not furnish animals for television shows, circuses, menageries, or other theatrical events.
History: Eff. July 18, 1990; Am. 20, 1990, Eff. Jan. 1, 1991; Am. 2, 1993, Eff. Sept. 1, 1993.
Sec. 11.2. A person may exhibit an animal only as provided in this section:
- (1) The person shall possess a valid exhibition license, issued by the United States department of agriculture, if one is required for the animal being exhibited, by the Animal Welfare Act, 7 U.S.C. 2131 et seq.
- (2) The person shall possess a valid permit, issued by the director, to hold wildlife in captivity, and shall comply with all rules and regulations specified in the captive wild animal commission order, and Act 191 of the Public Acts of 1929, being sections 317.71 to 317.85 of the Michigan Compiled Laws.
- (3) The person shall place and maintain a barrier fence between all captive wild mammals and the viewing public. Such barrier fence shall be a minimum of 4 feet high and shall be placed at least 4 feet outside of the perimeter of the pen enclosing the mammal.
- (4) The person shall not allow the public to feed food or nonfood materials, other than food supplied by that person or an agent of that person, to captive wildlife.
History: Eff. July 18, 1990; Am. 20, 1990, Eff. Jan. 1, 1991
All photos, logos, and text are property of MHC and/or it contributors. Any copying is strictly forbidden without permission of same. Full Legal Disclaimer.
