1. (1) Each individual engaged in falconry, identified in these rules as “falconer” or “permittee”, shall possess a current Tennessee State falconry permit and may use his or her raptor(s) for all purposes not expressly prohibited by Code of the Federal Regulation, Tennessee specific law or regulations, and/or proclamations of the Tennessee Fish and Wildlife Commission.

2. (2) Falconry Examination Requirement

   1. (a) Before any Apprentice Falconry Permit is issued, the applicant shall be required to answer correctly at least 80 percent of the questions on a supervised examination approved by the U.S. Fish and Wildlife Service relating to the basic biology, care, and handling of raptors, literature, laws, regulations, and other appropriate falconry subject matter. A successful score on an exam from another state shall be sufficient if proof is provided.
   2. (b) The applicant shall pay the fee for the Falconry Examination each time the exam is administered.
   3. (c) Each applicant failing an examination may retake the exam after ten business days.
   4. (d) Any applicant possessing a valid falconry permit from another state shall not be required to take an examination when applying for a similar falconry permit in Tennessee when changing residency. However, the applicant must provide documentation of the falconry permit from the former state.

3. (3) Falconry Permit Requirements and Application Procedures

   1. (a) To apply for a falconry permit, an applicant must include the following information: AND USE OF RAPTORS

      1. 1. A completed application form and permit fee.
      2. 2. Proof of a successful completion of a falconry examination from Tennessee or another state, or verification that the person has previously held a falconry permit at the level they seek.
      3. 3. For an apprentice permit, the applicant must meet the minimum requirements as set forth in the federal rule. However, an apprentice permittee may only possess a passage American kestrel (Falco sparverius), or a passage red-tailed hawk (Buteo jamaicensis) captured by the apprentice, or any captive-bred raptor approved by federal regulations, acquired from a legal source or transferred to the apprentice by another falconer.
      4. 4. If a sponsor of an apprentice falconer withdraws sponsorship, the sponsor shall notify the apprentice falconer immediately upon withdrawing sponsorship and both shall notify the Agency in writing within 30 days of withdrawing sponsorship. If the apprentice falconer does not secure a new sponsor within 30 days of the sponsorship withdrawal, then the apprentice falconer’s permit shall expire, and any raptor possessed shall be released to the wild or transferred to another falconer.
   2. (b) A valid state falconry permit from Tennessee or another state or country meeting federal falconry standards is required before any person may take, possess, or transport a raptor for falconry purposes. Permitted falconers moving to Tennessee from another state or a or country meeting federal falconry standards, with the intent of establishing residency, and bringing raptors with them, shall transfer their permit to Tennessee provided they make application to the Agency within 30 days after relocation. The Agency shall take action on the application within 30 days.

   3. (c) Permit to take a peregrine falcon for falconry:

      1. 1. Peregrine falcons may only be taken under the authority of a permit obtained through a random computer drawing. Only permitted General Class or Master Class resident and non-resident falconers may participate in the drawing. Interested falconers must complete a no-fee Peregrine Falcon Take Permit Application found on TWRA’s website, (http://www.tn.gov/twra/). Such application must be completed and postmarked or emailed no later than midnight on August 15th each year. If August 15th falls on Sunday, the deadline will be midnight on August 16th. All applications should be sent to TWRA, Falconry Coordinator, P.O. Box 40747, Nashville, TN 37204, or emailed to: twra.permitprogram@tn.gov
      2. 2. All valid applications will be entered in a random drawing to select the permit(s) available for peregrine falcon take in Tennessee. Permit drawings will be held during the last week of August each year, with actual dates posted on the Agency’s website. Permittees will be notified by phone and mail.
      3. 3. Peregrine falcons may be trapped from September 20th through October 20th of each year. All birds taken must be first-year (juvenile) and as passage birds. Any banded bird captured must be immediately released at the site of capture and the band number and location of trapping site reported to the TWRA Falconry Coordinator and the USGS Bird Banding Laboratory (www.reportband.gov) within 10 days. Permittees who trap a peregrine falcon wearing a transmitter must contact the TWRA Falconry Coordinator immediately for authorization and assistance. AND USE OF RAPTORS
4. (4) In addition to a Tennessee Falconry permit, a hunting license will be required to hunt with raptors in Tennessee. This includes a Federal Duck Stamp and State Migratory Bird Permit when hunting waterfowl.

5. (5) Acquisition, Take, Banding, Transfer and Loss of Raptors:

   1. (a) All wild-caught raptors held within this state, except those held for scientific, rehabilitation, or zoological purposes, shall be banded or tagged in accordance with federal rules. Raptors with small tarsus, including American Kestrel (Falco sparverius), Merlin (Falco columbarius), Sharp-shinned hawk (Accipiter striatus), and male Cooper’s Hawk (Accipiter cooperii) are exempt.
   2. (b) Each falconer shall purchase, receive, sell, barter, or transfer raptors only in compliance with all applicable federal and state regulations.
   3. (c) Eyasses may be taken only by General and Master Class Falconers.
   4. (d) At least one eyass shall be left in the eyrie when a wild eyass is taken.
   5. (e) No species listed in Tennessee as endangered, nor federally listed species, shall be taken from the wild within the state unless authorized. Only one raptor of any species listed in Tennessee as threatened may be authorized per year for any General or Master Class Falconer.
   6. (f) Nothing shall prohibit a Tennessee resident falconer from legally obtaining, from outside Tennessee, a species listed by the home state as threatened or endangered, provided the falconer complies with the requirements of the state from which the raptor species is acquired.

   7. (g) Wild raptors may be taken for falconry in Tennessee only in accordance with the following conditions:

      1. 1. Each person taking a raptor from the wild in Tennessee for falconry purposes shall possess a current, valid Tennessee hunting license. Seasons for taking wild raptors for falconry in Tennessee shall be consistent with state proclamations. Wild raptors with scientific markers (bands, auxiliary markers, transmitters) shall be reported to the TWRA Falconry Coordinator and the USGS Bird Banding Laboratory (www.reportband.gov) within 10 days.
      2. 2. A resident falconer may take up to two raptors per calendar year from the wild in Tennessee, except for falconers at the apprentice level.
      3. 3. A non-resident falconer wishing to take a raptor from the wild in Tennessee shall first apply for and obtain written authorization from the Agency prior to attempting to take a raptor. A Tennessee non-resident state hunting license is also required for this activity.
      4. 4. All non-resident falconers issued written authorization to take a raptor from the wild in Tennessee shall report in writing to the Agency within ten business days of leaving the state, whether or not the person was successful in trapping a raptor. If successful, the report shall include the species, sex (if known), location and date of capture. Reporting for a resident or non-resident falconer will also include uploading the information on the State/Federal 3-186A database. Out-of-state falconers will send a paper or electronic copy of their uploaded data to the TWRA Falconry Coordinator. AND USE OF RAPTORS
6. (6) Permits will expire on June 30 of the third year from date of issuance or renewal.

7. (7) Revocation or Suspension of a Falconry Permit:

   1. (a) Conviction for violation of any falconry regulation, federal or state, may result in suspension or revocation of a falconry permit. Another raptor type permit will be required for the owner to keep the raptor unless a conviction requires confiscation of the raptor.
   2. (b) Upon request of the person whose permit has been revoked or suspended, the Agency may restore the person’s falconry permit at the end of the revocation or suspension period. The revocation and suspension period shall be in accordance with current federal and/or state standards.
8. (8) Active-duty military personnel, and/or immediately family members residing with the active-duty military personnel, shall possess a falconry permit from the state in which the facility and raptors reside. Those individuals may or may not be permanent Tennessee residents.
9. (9) Before any falconry permit is issued, the applicant’s raptor housing facilities and falconry equipment shall be physically inspected and certified by a representative of the Agency as meeting the minimum standards detailed in Title 50 Code of Federal Regulations Part 21 and Part 22 found in the October 1, 2023, edition of the Code of Federal Regulations. All facilities and equipment shall always be kept at or above the minimum standards.

Authority: T.C.A. §§ 70-1-206, 70-2-201, 70-2-202, and 70-4-401, et seq. Administrative History: New rules filed January 8, 2025; effective April 8, 2025.