Section 1590.90  Capturing of Raptors - Regulations

a)         A permittee in possession of a valid "Capture Permit" may capture raptors of a non-prohibited species or subspecies.  The capture season for immature raptors capable of flight (passage) and adult (haggard) kestrels and great horned owls shall be between September 1 and January 31; the capture or taking of any young bird in Illinois not yet capable of flight (eyas) is limited to general and master class permittees during the first, second, third and fourth Saturdays in March and from May 20 to June 11; permittees may take no more than two eyasses during this period.  When eyasses are captured, at least one eyas shall be left in the nest.  No permittee may capture any raptor without an appropriate permit from the Department to do so.  The Department shall determine eligibility by compliance with the provisions of this Part.  The fee for a raptor capture permit for a resident of the State of Illinois is thirty ($30) dollars.  The fee for a non-resident raptor capture permit is fifty ($50) dollars.  Such permits shall expire on January 31 of each year, and shall authorize the permittee to take up to his legal limit of raptors for possession and/or replacement.  The Department will authorize up to 250 "Capture Permits" annually. Requests for capture permits in excess of 250 will be considered first in following years.  All raptors shall be captured in a humane manner.  Marked raptors that escape or are lost may be recaptured at any time without a capture permit.

1)         A marker must be attached to any raptor taken in Illinois within 5 days after capture, and the State's copy of U.S. Fish and Wildlife Service form 3-186A provided to the Department within five days of capture as determined by the postmark.

2)         Markers shall not be altered, counterfeited, or defaced.

3)         Permit holders capturing any previously marked raptor(s) shall immediately report such trapping to the Department or the previous owner.

b)         Any wild raptor listed as endangered or threatened by the U.S. Fish and Wildlife Service (50 CFR 17, effective July 15, 1991) may not be captured in Illinois for falconry purposes.  This prohibition shall not prevent a master class permittee from obtaining a wild raptor listed as threatened by the U.S. Fish and Wildlife Service (50 CFR 17, effective July 15, 1991), provided such raptors are captured legally in another state or country, or transferred from another falconer in accordance with federal regulations (50 CFR 21.29, effective September 14, 1989), this Part, and the laws of the jurisdiction in which such raptors are obtained.

c)         Any wild raptor listed as endangered or threatened by the Illinois Endangered Species Protection Board (17 Ill. Adm. Code 1010) but not by the U.S. fish and Wildlife Service (50 CFR 17, effective July 15, 1991) may not be captured in Illinois for falconry purposes.  This prohibition shall not prevent a permitee from obtaining such species, provided they are captured legally in another state or country or transferred from another falconer in accordance with federal regulations (50 CFR 21.29, effective September 14, 1989), this Part, and the laws of the jurisdiction in which such raptors are obtained.

d)         Except as provided for in Sections 1590.50(a)(2) and 1590.50(d), any unmarked raptors imported into Illinois must be identified with a marker provided by the Department, and the State's copy of U.S. Fish and Wildlife Service Form 3-186A returned to the Department within five days after marking, as determined by the postmark.

e)         Raptors taken under a depredation (or special purpose) permit may be used for falconry by general or master falconers in compliance with federal regulations (50 CFR 21, effective September 14, 1989) (No incorporation in this Part includes later amendments or editions).

(Source:  Amended at 18 Ill. Reg. 14700, effective September 19, 1994)