⚖️ Rules & Regulations · 6 min
Education, abatement and the federal layer
Why this matters
These are the uses of a falconry bird that people assume are allowed and mostly are not, plus the federal statutes sitting above Part 173.
By the end of this lesson you will be able to
- State what conservation education a falconry bird may be used for, and by whom
- Describe the requirements for abatement
- Name the federal statutes that govern falconry and what each covers
Conservation education
Under 173.7(j), a General or Master falconer may use birds held on their falconry license for conservation education and falconry education programs without transferring them to an education license, provided:
- the birds are used primarily for falconry;
- the programs address falconry and conservation education;
- the programs are not conducted for profit. A fee may be charged, but only up to the cost of presenting the program.
An Apprentice may present such programs only under the direct supervision of a General or Master falconer.
No commercial use
You may not use falconry raptors in movies, commercials or other commercial ventures. That requires different permits entirely.
Helping a rehabilitator
A General or Master falconer may help a licensed wildlife rehabilitator condition or evaluate raptors for release, and may keep the bird at their own facilities, provided the rehabilitator gives a written letter identifying the bird and explaining the arrangement, the falconer returns any bird that cannot be permanently released, and the release or return happens in coordination with the rehabilitator. The bird stays on the rehabilitator's permit and is not added to the falconry license.
Abatement, 173.9
Master falconers only, and only with a valid USFWS permit authorizing abatement, covering the species used, a copy of which goes to the department before any abatement work. Accurate calendar-year records are required.
- Only captive-bred raptors banded with a seamless numbered USFWS band may be used.
- Wild-caught raptors may not be used for abatement, ever.
- Abatement birds may not be flown at listed threatened or endangered species unless separately authorized by the department.
- Migratory birds may not be killed, captured or injured during abatement unless authorized under a USFWS Migratory Bird Depredation permit naming the falconer as a subpermittee, or under a Federal Depredation Order.
The federal layer
- Migratory Bird Treaty Act. Nearly every native raptor is a migratory bird, and falconry exists as a permitted exception under 50 CFR 21.
- The Lacey Act. Makes it a federal violation to import, export, transport, sell, receive, acquire or purchase in interstate or foreign commerce any wildlife taken, transported or possessed in violation of any state, federal, tribal or foreign law. In practice it turns a state violation into a federal one the moment the bird crosses a line.
- Endangered Species Act for listed species, and state threatened listings such as the Northern Harrier.
The exception in 173.10
Part 173 does not apply to a person licensed to possess a raptor for scientific, exhibition or propagation purposes under ECL 11-0515. Those are separate licenses with separate rules.
This lesson is part of the NY Falconry Exam course. Open it in the course to answer the retrieval checks that go with it, track what you have read, and quiz the whole unit. Lessons, quizzes and the glossary are free.