Captive Wild Animal Regulation

Captive Wild Animal Regulation, M.R. 23/98 The Wildlife Act , C.C.S.M. c. W130 Regulation 23/98 Registered February 23, 1998 bilingual version (HTML) Table of Contents Section INTERPRETATION 1 Definitions GENERAL 2 Repealed FALCONRY 3 Use of raptors for falconry purposes 4 Falconry permit 5 Possession of raptors 6 Possession and use of hybrid raptors 7 Registration and identification 8 Death, loss or escape of a raptor 9 Capture from wild 10 Breeding of raptors 11 Commercial breeding of raptors 12 Non-commercial breeding 13 Change of custody of raptor 14 Trade restriction 15 Change of ownership of raptor 16 Hunting with raptors 17 Temporary export and re-import 18 Physical care of raptors 19 Release to the wild GAME BIRD FARMS AND GAME BIRD SHOOTING PRESERVES 20 Licensing requirement for game bird farms 21 Licence procedure for game bird farms 22 Killing game bird on game bird farm 23 Licensing requirement for game bird shooting preserves 24 Licensing procedure for game bird shooting preserves 25 Requirements for game bird shooting preserve 26 Killing game birds on game bird shooting preserve 27 Game bird farm and game bird shooting preserve records 28 Physical care of game birds 29 Prohibition on removal during quarantine MISCELLANEOUS 30 Repeal Schedule INTERPRETATION Definitions 1 In this regulation, "Act" means The Wildlife Act ; («  Loi  ») "authorized person" means an officer, wildlife biologist, or resource technician; (« personne autorisée ») "director" means the Director of Wildlife; (« directeur ») "eyas" means an unfledged raptor in the wild; (« juvénau ») "falconer" means a person who, under the authority of a falconry permit issued by the director, possesses a raptor for purposes of falconry; (« fauconnier ») "hacking" means the release of a raptor to the wild to allow it to gain experience with the expectation that it will return voluntarily to its owner; (« dressage ») "hybrid raptor" means the offspring of two raptors of different species or subspecies; (« rapace hybride ») "non-resident falconer" means a person who (a) is not a Manitoba resident, and (b) holds a falconry permit issued by the wildlife management authority of the province or state where the person has permanent residence; (« fauconnier non résident ») "passage bird" means a fledged raptor in the wild which is no longer dependent on its parents; (« oiseaux en migration ») "raptor" means a bird, egg or hybrid of the following species: Northern Goshawk ( Accipiter gentilis ), Cooper's Hawk ( Accipiter cooperii ), Sharp-shinned Hawk ( Accipiter striatus ), Red-tailed Hawk ( Buteo jamaicensis ), Swainson's Hawk ( Buteo swainsoni ), Gyrfalcon ( Falco rusticolus ), Prairie Falcon ( Falco mexicanus ), Merlin ( Falco columbarius ), American Kestrel ( Falco sparverius ), Non-indigenous species of hawks and harriers (Subfamily Accipitrinae ), Non-indigenous species of falcons (Tribe Falconini ); (« rapace ») "retired raptor" means a raptor that is no longer an effective hunter and cannot be successfully released to the wild; (« rapace retraité ») "telemetry equipment" means electrical apparatus consisting of a transmitter affixed to a raptor and a receiver in the possession of a falconer which is used to determine the location or distance of a raptor in relation to the falconer; (« équipement de télémétrie ») "trade" means sell, buy, barter, exchange or attempt or offer to sell, buy, barter or exchange, or keep for the purpose of sale, barter or exchange; (« échange ») "unprotected species" means a species of wildlife that is not listed in Schedule A to the Act or declared by regulation under the Act as a big game animal, game bird, small game, fur bearing animal, amphibian or reptile or protected species. (« espèce non protégée ») M.R. 10/2024 ; 115/2025 GENERAL 2 [Repealed] M.R. 176/2001 FALCONRY Use of raptors for falconry purposes 3 No person shall possess, capture, breed, trade or donate a raptor for a purpose associated with falconry except as provided in this regulation. Falconry permit 4(1) The director may issue a falconry permit to an applicant who meets the following criteria: (a) is a Manitoba resident; (b) is 18 years of age or more at the date of application; (c) submits to the director (i) a completed application in a form approved by the director, (ii) the fee prescribed in the Wildlife Fees and Royalties Regulation , and (iii) a written plan acceptable to the director for the design and construction of a facility; (d) has constructed a falconry facility and has permitted the director to inspect it; (e) provides information requested by the director regarding (i) where applicant has obtained, or intends to obtain a raptor, and (ii) any other matter relevant to the application. 4(2) A falconry permit is valid for the period from April 1 or the date of issuance, whichever is later, to March 31 of the following year. 4(3) The director may cancel a falconry permit without refunding any portion of the fee paid by the holder if, in the opinion of the director, the holder has failed to comply with a term or condition of the permit, the Act, or the Migratory Birds Regulations with respect to the possession or use of a raptor. M.R. 10/2024 Possession of raptors 5(1) Subject to subsection (2), a falconer may possess no more than two adult raptors, and any joint offspring of those two raptors. Possession and use of retired raptors 5(2) In addition to a raptor held under subsection (1), the director may authorize a falconer to possess a retired raptor or donate it to a facility designated in writing by the director. Possession and use of hybrid raptors 6(1) Subject to subsection 5(1), the director may endorse a permit to authorize a falconer to possess lawfully imported hybrid raptors. 6(2) A falconer who intends to release a hybrid raptor from his or her or direct physical control must (a) be licensed by Innovation, Science and Economic Development Canada, to possess and use telemetry equipment for a purpose associated with falconry if a license is necessary for the type of equipment being used; (b) ensure that the hybrid raptor, prior to being released is equipped with telemetry equipment that is, in the opinion of an authorized person, in good operating condition; and (c) ensure that the falconer is in possession of a back-up power supply for use during the period of release. Registration and identification 7 A falconer shall fulfill the following duties regarding registration and identification of raptors: (a) register every raptor in his or her possession that is over the age of 21 days with the department by (i) having the raptor banded by or in the presence of an authorized person with bands approved by the department, and (ii) providing all relevant information requested by the authorized person; (b) maintain records in a form provided by the director concerning the provenance and descendants of a raptor owned by, or in possession of, the falconer; (c) within five days of discovering the loss, destruction or defacing of a raptor's band, report the incident in writing to the director and have the raptor rebanded in the presence of an authorized person; (d) on or before March 31 in each year, submit to the director a complete written inventory of raptors in his or her possession. Death, loss or escape of a raptor 8 Immediately upon the death, loss or escape of a raptor, a falconer shall report the incident to the director in writing, and in the case of death, submit the carcass for a post-mortem examination to the provincial veterinary laboratory at the expense of the raptor's owner. Capture from wild 9(1) A falconer may apply to the director for authority to capture an eyas or passage bird from the wild, provided that the application is made not less than 14 days before the proposed capture date. 9(2) Subject to subsection (3), the director may endorse a falconry permit held by a falconer to allow, during a prescribed period of each calendar year, the capture of a maximum of two birds which may be eyas, passage birds or one of each. 9(3) The total number of raptors in the falconer's possession shall not exceed the limitations specified in subsection 5(1) or 11(1). 9(4) A person who captures a raptor from the wild shall (a) inform the director within 48 hours of the capture; and (b) register the raptor under section 7 within 21 days of the taking or capture; and (c) pay the fee prescribed in the Wildlife Fees and Royalties Regulation . 9(5) When capturing an eyas or a passage bird, a falconer shall not disturb the eggs. 9(6) When capturing an eyas, a falconer shall leave at least two of the brood in the nest. 9(7) When capturing an eyas or a passage bird, a falconer may use an unprotected species as a decoy. M.R. 10/2024 Breeding of raptors 10(1) A falconer may apply to the director for authority to breed raptors if the application is submitted to the director not less than one month before the proposed breeding date. 10(2) The director may endorse a falconry permit to allow breeding of a raptor subject to terms and conditions prescribed by the director. 10(3) A falconer shall not allow raptors of different species or subspecies to breed. M.R. 10/2024 Commercial breeding of raptors 11(1) A falconer who breeds raptors for commercial purposes may breed the number of raptors specified in his or her permit. 11(2) A falconer who breeds raptors for commercial purposes shall (a) maintain a complete record of egg laying, hatching, mortality, trades and donations; (b) ensure all associated facilities conform with the standards prescribed in this regulation; (c) register the raptor under section 7 before it is exposed for trade, or it is 21 days old, whichever is the earlier; (d) submit a written application to the director for authority to trade or donate a raptor no less than seven days prior to the proposed transaction and provide all information requested by the director; and (e) pay the fee prescribed in the Wildlife Fees and Royalties Regulation . 11(3) A falconer may dispose of the offspring from commercial breeding by trade or donation to (a) the holder of a Manitoba falconry permit; (b) a facility approved in writing by the director; or (c) a person outside of Manitoba. Non-commercial breeding 12(1) A falconer may dispose of the offspring from non-commercial breeding by (a) trade or donation to a falconer or a facility approved in writing by the director; or (b) subject to section 19, release to the wild. 12(2) If a falconer does not dispose of offspring from non-commercial breeding before the next breeding cycle, the falconer shall ensure that no raptor is exposed for breeding. M.R. 10/2024 Change of custody of raptor 13 A falconer may act as a temporary custodian of a raptor belonging to another falconer for up to 90 days if the custodian submits the following in writing to the director within five days of taking custody: (a) signed consent from the owner of the raptor; (b) the period during which the temporary custody will be effective; (c) the falconry permit numbers of the owner and the custodian; (d) the species and identification numbers or letters from the raptor's leg band. Trade restriction 14 No falconer shall trade an eyas or passage bird that originated in Manitoba. Change of ownership of raptor 15 No less than seven days prior to a change in ownership of a raptor, the original owner shall write to the director providing the following information: (a) the date of the transfer of ownership; (b) the date that the new owner will assume possession of the raptor; (c) the falconry permit numbers of the original and the new owner; (d) the species of the raptor and the identification numbers or letters from the raptor's leg band. Hunting with raptors 16(1) A falconer or non-resident falconer may (a) hunt an unprotected species of wildlife during any time of the year; (b) hunt an upland game bird species listed in Schedule A to the Act during the period commencing on August 15 and ending on February 28 in the following year; and (c) hunt a migratory game bird species listed in Schedule A to the Act during the dates specified for this hunting in the Hunting Seasons and Bag Limits Regulation . 16(2) In order to hunt upland game birds with a raptor, a falconer or non-resident falconer must possess a Manitoba game bird licence. 16(3) In order to hunt waterfowl with a raptor, a falconer or non-resident falconer must hold a migratory game bird hunting permit issued under the Migratory Birds Regulations in addition to a Manitoba game bird license. 16(4) The bag limit for game birds taken by falconry shall be the same as those prescribed in the Hunting Seasons and Bag Limits Regulation . 16(5) A non-resident falconer may bring a raptor into Manitoba and keep it for the purpose of hunting on the following conditions: (a) the raptor is not declared threatened, endangered, or extirpated by regulation under The Endangered Species and Ecosystems Act or an Act of the Parliament of Canada governing endangered species; (b) the raptor is the subject of a falconry permit issued by the jurisdiction in which the non-resident falconer has permanent residency; (c) the raptor is accompanied by a certificate of health that has been executed by a licensed veterinarian within 30 days prior to entry to Manitoba. 16(6) A non-resident falconer may import and possess a hybrid raptor on the following conditions: (a) if the non-resident falconer intends to release the raptor from his or her direct physical control that he or she (i) is licensed by, or holds a licence recognized by, Innovation, Science and Economic Development Canada to possess and use telemetry equipment for a purpose associated with falconry if a license is necessary for the type of equipment being used, and (ii) maintains telemetry equipment which, in the opinion of an authorized person, is in good operating condition; (b) ensures that while the raptor is released from the non-resident falconer's direct physical control (i) that the raptor is equipped with telemetry equipment, and (ii) that the non-resident falconer is in possession of a back-up power supply. 16(7) A non-resident falconer who brings a raptor into Manitoba for hunting purposes shall export the raptor from Manitoba on completion of the hunt. 16(8) A falconer or non-resident falconer who has custody of a raptor that kills a wild animal species other than authorized by this regulation shall (a) immediately preserve the carcass of the wild animal; and (b) at the end of the month in which the incident occurs, report the incident and surrender the carcass to the director. M.R. 10/2024 ; 115/2025 Temporary export and re-import 17 A falconry permit held by a Manitoba resident is valid for the temporary export and re-import of a raptor that has been registered under this regulation. M.R. 10/2024 Physical care of raptors 18(1) A falconer or non-resident falconer shall ensure that a raptor in his or her custody is provided with whatever the director considers to be the necessities of life. 18(2) In complying with subsection (1), a falconer or non-resident falconer shall provide and maintain the facilities, standards and equipment listed in the Schedule as well as food, light, water, space, sanitation, and protection from predators and disturbances. M.R. 10/2024 Release to the wild 19(1) Subject to subsections (2) and (3), a falconer or non-resident falconer shall not release a raptor to the wild without the prior written approval of the director. 19(2) A falconer or non-resident falconer may release a raptor for the purpose of hacking. 19(3) A falconer or non-resident falconer who recaptures a hacked raptor shall quarantine the raptor until it has been examined by a competent veterinarian in Manitoba who has certified that it is free from disease or parasites that may be communicable to another raptor or to humans. M.R. 10/2024 GAME BIRD FARMS AND GAME BIRD SHOOTING PRESERVES Licensing requirement for game bird farms 20 No person shall do the following without being licensed to do so under the Act: (a) breed game birds for sale; (b) possess game birds for breeding; or (c) operate a game bird farm. Licence procedure for game bird farms 21(1) The minister may issue a game bird farm licence to a person who applies in writing in a form satisfactory to the minister. 21(2) A game bird farm licence is valid for possession, breeding, slaughter or sale of the species of game birds named in the licence. 21(3) A game bird farm licence expires on March 31 following the date of issue. Killing game bird on game bird farm 22 Subject to section 26, a person may, under authority of a game bird farm licence, kill a game bird raised and kept in captivity by any means except a firearm. Licensing requirement for game bird shooting preserves 23 No person shall operate a game bird shooting preserve unless that person is licensed to do so under the Act. Licensing procedure for game bird shooting preserves 24(1) The minister may issue a game bird shooting preserve licence to a person who applies in writing in a form satisfactory to the minister. 24(2) A game bird shooting preserve licence is valid for possession, breeding, hunting, killing or sale of the species of game birds named therein. 24(3) A game bird shooting preserve licence expires on March 31 following the date of issue. Requirements for game bird shooting preserve 25 A game bird shooting preserve shall meet the following requirements: (a) shall be not less than 64 hectares (160 acres) in area; (b) shall be situated on privately owned and maintained land; (c) its boundaries shall be posted with signs no less than .09 square metres (one square foot) in area, facing outward at intervals of no more than 200 metres (220 yards), that read "Game Bird Shooting Preserve". Killing game birds on game bird shooting preserve 26 On any day of the week during the months of January, February, March, April, September, October, November or December, a game bird shooting preserve licensee may, on the game bird shooting preserve, hunt and kill with a firearm, or authorize a person to hunt and kill with a firearm (a) a species of game bird described in the licence; or (b) a species of game bird purchased by the preserve from a game bird farm. Game bird farm and game bird shooting preserve records 27 A game bird farm licensee or a game bird shooting preserve licensee shall (a) complete in duplicate, a receipt for each sale or removal of game birds or game bird eggs from a game bird farm or game bird shooting preserve; (b) transmit the original receipt to the purchaser at the time of the transaction; and (c) retain the duplicate of the receipt for a period of not less than seven years from the date of the transaction. Physical care of game birds 28 A game bird farm licensee or game bird shooting preserve licensee shall (a) maintain the farm or shooting preserve in a clean and sanitary condition; (b) remedy an unsanitary condition on the farm or shooting preserve when requested to do so by an authorized person; (c) immediately report to the minister an epidemic or outbreak of disease that is affecting a game bird on the farm or shooting preserve; (d) comply with the directions of an authorized person regarding a disease or epidemic under clause (c); (e) immediately upon the outbreak of a contagious or infectious disease affecting a game bird, post at each entrance to the farm or preserve a notice of quarantine in a form satisfactory to the minister, and keep the notice posted until its removal is authorized by the minister; and (f) destroy, in a manner directed by an authorized person, the carcass of every game bird that dies on the farm or shooting preserve during a quarantine period. Prohibition on removal during quarantine 29 Except for the purpose of disease diagnosis in a laboratory, no person shall remove or release a game bird from a farm or preserve during a quarantine period. MISCELLANEOUS Repeal 30 The Licensing of Game Bird Farms and Game Bird Shooting Preserves Regulation , Manitoba Regulation 36/88 R, is repealed. SCHEDULE FACILITIES, STANDARDS AND EQUIPMENT REQUIREMENTS FOR A PURPOSE ASSOCIATED WITH FALCONRY A. A mews (indoor holding facility) shall have the following facilities, standards and equipment: a) suitable perches (bow perches, shelf perches and block perches as appropriate for species); b) bath and fresh water; c) pea gravel as final floor surface over a porous substrate of sufficient depth to ensure a dry floor and freedom from rodents; d) minimum of two windows capable of being opened to allow cross-ventilation; e) vertical bars placed inside of windows and spaced narrower than the width of a raptor's body to prevent escape; f) double door system; g) where there is more than one bird it must be separated by tethering or partition, but must be spaced far enough apart to prevent physical contact between birds; h) minimum room dimension of 8' × 8' × 8'; i) interior walls, ceilings and partitions shall be smooth and free of obstructions except for perches; j) roof coverage for snow protection. B. A weathering yard (outdoor holding facility) shall have the following facilities, standards and equipment: a) suitable perches (bow perches, shelf perches and block perches as appropriate for species); b) bath and fresh water; c) totally enclosed by strong netting or welded wire mesh (not "chicken wire"); d) must provide protection from sun, inclement weather, predators and disturbances; e) where there is more than one bird it must be separated by tethering or partition, but must be spaced far enough apart to prevent physical contact between birds; f) space must be provided to allow a tethered bird to bate without physical contact with the surfaces of the facility. C. Breeding chambers shall have the following facilities, standards and equipment: a) seclusion design with skylight; b) suitable perches (bow perches, shelf perches and block perches as appropriate for species); c) bath and fresh water; d) pea gravel as final floor surface over a porous substrate of sufficient depth to ensure a dry floor and freedom from rodents; e) minimum of two windows capable of being opened to allow cross-ventilation; f) vertical bars placed inside of windows and spaced narrower than the width of a raptor's body to prevent escape; g) double door system; h) food chute; i) suitable nest structures; j) minimum room dimension of 10' x 20' x 10' or as appropriate for species; k) roof coverage for snow protection. D. A falconer shall possess the following equipment in the quantity and size necessary for the size and species of raptors in his or her possession; a) jesses (leather anklets that wrap around the birds foot); b) leashes for attachment to jesses; c) swivels to prevent the tangling of leash with jesses and of a design suitable for falconry; d) a glove that is adequate for protection of the falconer; e) hoods; f) weighing device; g) creance (tether); h) lure; i) falconry bells; j) telemetry equipment for a hybrid that will be released.