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Reference for Falconry Utah

2012

In

Compiled and Formatted by Alan M. Taylor fachento@gmail.com 801.810.7827

PROCEDURES FOR BECOMING AN APPRENTICE FALCONER IN UTAH 7


Minimum Housing and Equipment Requirements for Captive Raptors Utah Division of Wildlife Resources Regional Offices Suggested References 8 9 10

GUIDELINES FOR RAPTOR HOUSING AND EQUIPMENT


Walls: Windows: Flooring: Perches: Suggested minimum mew dimensions:

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Forms for the State of Utah

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FEDERAL REGULATIONS FOR FALCONRY


21.29Falconry standards and falconry permitting.

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Background
The legal basis for regulating falconry. Possession and short-term handling of a falconry raptor. Regulatory year for governing falconry.

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(b) Federal approval of State, tribal, and territorial falconry programs 15


General. State, tribal, or territorial submission for approval. Electronic reporting. Federal approval and terms. 15 15 15 15

Review of a State, tribal, or territorial falconry program. Suspension of a State's, tribe's, or territory's certification. Appeal of a decision to suspend State, tribal, or territorial certification .

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Re-certification of compliance with this section if a State's, tribe's, or territory's falconry permitting authority has been suspended 17 (9) Authority to suspend or revoke a falconry permit issued by a State, tribe, or territory. 17 (10) Standards in effect in your place of residence. (11) Compliance date for the regulations in this section. 17 17

(c) Practicing falconry


(1) Permits and inspections to practice falconry. (2) Classes of permit to practice falconry. (i) Requirements and possession options for an Apprentice Falconer. (ii) Requirements and possession options for a General Falconer. (iii) Requirements and possession options for a Master Falconer. (3) Taking a test to qualify for a falconry permit. (4) Reinstatement of a lapsed falconry permit if your State, tribe, or territory allows it.

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(5) Permit to practice falconry at an appropriate level if you have experience in falconry but are a new resident in the United States. 21 (6) Banding or tagging raptors used in falconry. (7) Carrying your permit(s) when conducting falconry activities. (8) Transporting a falconry raptor or raptors to other States or territories. 21 22 22

(d) Facilities and care requirements


(1) Facilities you must have and maintain . You must keep all raptors you hold under your falconry permit in humane and healthful conditions. (2) Falconry facilities on property you do not own (3) Equipment you must have and maintain.

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(4) Facilities you must have for a raptor when you are transporting it, using it for hunting, or are away from your home with it. 24 (5) Temporarily housing a raptor outside of your permanent facilities when you are not transporting it or using it for hunting. 24 (6) Care of falconry raptors by another falconry permittee .
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(7) Care of falconry raptors by someone who does not have a falconry permit. (8) Residence part of the year in another jurisdiction. (9) Inspections.

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(e) Taking, possessing, and transporting raptors for falconry


(1) Raptor species you may take from the wild to use for falconry. (2) How and when you may take raptors from the wild to use in falconry. (3) Other restrictions on taking raptors from the wild for falconry.

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(4) Take of a species or subspecies that was recently removed from the Federal List of Endangered and Threatened Wildlife to use in falconry. 29 (5) Raptors injured due to falconer trapping efforts. (6) Acquisition, transfer, loss, or rebanding of a raptor. (7) Acquiring a bird for falconry from a permitted rehabilitator. (8) Flying a hybrid raptor in falconry. (9) Releasing a falconry bird to the wild. (10) Restrictions on transfers of falconry raptors from other falconers. 29 30 30 30 30 31

(f) Additional information on the practice of falconry


(1) Raptors removed from the wild for falconry are always considered wild raptors. (2) Hacking of falconry raptors . (3) Use of other falconry training or conditioning techniques. (4) Selling or trading raptors under a falconry permit. (5) Transfer of wild-caught raptors captured for falconry to another type of permit. (6) Transfer of captive-bred falconry raptors to another type of permit . (7) Use of raptors held under a falconry permit in captive propagation . (8) Use of falconry raptors in conservation education programs . (9) Other educational uses of falconry raptors . (10) Assisting in rehabilitation of raptors to prepare them for release. (11) Using a falconry bird in abatement activities. (12) Feathers that a falconry bird or birds molts. (13) Disposition of carcasses of falconry birds that die. (14) Visitors practicing falconry in the United States.

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(15) Taking falconry raptors to another country to use in falconry activities . (16) Permission to capture, fly, or release a falconry bird at any location.

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(17) Practicing falconry in the vicinity of a Federally listed threatened or endangered animal species. 36 (18) Trapping a bird for use in falconry in areas used by the northern aplomado falcon. 37 (19) Prey item killed by a falconry bird without your intent, including an animal taken outside of a regular hunting season. 37 (20) Take of bird species for which a depredation order is in place. (21) Transfer of falconry raptors if a permittee dies. 37 37

(g) Applying for a falconry permit. (h) Updating a falconry permit after a move. (i) Restoration of revoked permits. (j) Information collection requirements. (k) Database required of States, tribes, and territories.

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Utah State Regulations Regarding Falconry


R657-20-1. Purpose and Authority. R657-20-2. Definitions. R657-20-3. Minimum Age Requirement. R657-20-4. Falconry COR, Permits, and Licenses. R657-20-5. Application for a Resident or Nonresident Falconry COR. R657-20-6. COR Renewal and Annual Report Forms. R657-20-8. Care and Facilities Requirements. R657-20-9. Equipment. R657-20-10. Inspection of Raptors, Facilities, CORs, and Documents. R657-20-11. Take of Wild Raptors. R657-20-12. Nonresident Take of Wild Raptors.

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R657-20-13. Application Procedures and Drawings for Capture of Peregrine Falcons, Sensitive Raptors, and Raptors Available to Nonresident Falconers. 56 R657-20-14. Importation Requirements for Residents and Nonresidents. R657-20-15. Flying a Hybrid Raptor in Falconry.
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R657-20-16. Apprentice Class Falconer and Sponsors R657-20-17. General Class Falconer. R657-20-18. Master Class Falconer. R657-20-19. Unintentional Kill of a Prey Item by a Falconry Raptor. R657-20-20. Temporary Care of Falconry Raptors. R657-20-21. Reporting Requirements for Acquisition of Raptors R657-20-22. Banding or Tagging Raptors Used in Falconry R657-20-23. Raptors Injured Due to Falconer Trapping Efforts. R657-20-24. Releasing a Falconry Raptor to the Wild. R657-20-25. Hacking of Falconry Raptors and other Training Techniques. R657-20-26. Use of Pen-Reared Game Birds for Meets, Trials and Training.

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R657-20-27. Practicing Falconry in the Vicinity of a Federally Listed Threatened or Endangered Animal Species. 67 R657-20-28. Permission to Conduct Falconry Activities on Public or Private lands. R657-20-29. Use of Feathers and Carcasses. R657-20-30. Other Uses of Raptors. 67 67 69

PROCEDURES FOR BECOMING AN APPRENTICE FALCONER IN UTAH


In order to conform to guidelines published in the Federal Falconry Permit Regulations (50 CFR 1-b-21), the Division of Wildlife Resources requires that all applicants for a Utah Falconry Certificate of Registration (COR) take and pass an examination designed to test their knowledge of falconry, regulations, housing and care of raptors and diseases. The attached list of reading materials, available at bookstores and libraries, are valuable references in preparation for the examination. A minimum score of 80% is required to pass. If necessary, you may re-test after 14 days. The test is given at all Division offices by appointment only. After you have passed the examination, your facilities and equipment for housing and weathering a raptor will be inspected. If your facilities meet the minimum criteria you will be given an application for a Utah Falconry COR. Please complete it accurately and completely and return it with your sponsor's signature and the appropriate COR fee. Your COR will then be issued. After your COR is issued, you must then apply for a federal falconry permit through the U.S. Fish and Wildlife Service Migratory Bird Permit Office. A copy of your state COR and federal permit must be shown at the time you purchase your Raptor Capture Permit. Please refer to the Utah Falconry Proclamation for season dates and other restrictions. If you have any questions, or would like to make arrangements for the exam or facilities inspection, please contact the closest Division office. Office locations and phone numbers are listed in this guide. Summary of Steps: 1. Read and understand the Utah Falconry Proclamation and other falconry resources. 2. Take and pass the Utah Falconry test with a score of 80% or better. 3. Have facilities and equipment inspected and approved. 4. Apply for state Falconry COR and Federal Falconry Permit.
5. After receiving a COR and Federal Permit, you can purchase a Raptor Capture Permit.

Dont wait until the last minute, these steps take time to complete. You need to allow enough time to take care of any unforseen problems. Plan on at least six to eight weeks to obtain your COR and federal falconry permit before obtaining a Raptor Capture Permit.

Minimum Housing and Equipment Requirements for Captive Raptors


Proper housing is not only essential to successful falconry, but is required by law to assure adequate care for captive birds. Those desiring to construct hawk houses or "mews" should consult a reliable falconry text for specifications. Raptors can be housed in a home or garage, utilizing the backyard to meet the weathering needs of the birds.

Remember, a good falconer is judged by the condition of his or her birds . 1. Indoor facilities (mews) for loose raptors must be large enough to allow easy access for care of the birds housed there. Each bird must be allowed enough space to fully extend its wings. There must be at least one window for ventilation, protected on the inside by vertical bars spaced narrower than the width of the bird's body. Adequate perches must be provided. The floor must permit easy cleaning and must be well drained. A secure door that is easily closed is a necessity. Sanitation around the perch is also a must. 2. Outdoor facilities must protect the bird from the elements as well as cats, dogs and avian predators. The enclosure must be large enough to insure the tethered bird cannot strike the sides when flying from the perch. 3. The following pieces of equipment must be in possession of the applicant before a COR can be obtained: a. Jesses b. Leashes and swivels c. Bath container d. Outdoor perches e. Weighing device

Utah Division of Wildlife Resources Regional Offices


Salt Lake Office 1594 W North Temple Box 146301 Salt Lake City, UT 84114-6301 801-538-4700 Southeastern Region 475 W Price River Dr., Ste. C Price, UT 84501 435-636-0260 Southern Region P.O. Box 606 1470 N Airport Rd. Cedar City, UT 84720 435-865-6100

Central Region 1115 N Main Street Springville, UT 84663 801-491-5678

Northern Region 515 E 5300 S Ogden, UT 84405 801-476-2740

Northeastern Region 152 E 100 N Vernal, UT 84078 435-781-9453

U.S. Fish and Wildlife Service Migratory Bird Permit Office P.O. Box 25486, DFC (60154) Denver, CO 80225-0486 303-236-8171

Suggested References
This is just a small example of falconry resources that are available.

Falconry Beebe, F.L. and H.M. Webster. 1964. North American Falconry and Hunting Hawks. World Press Inc. Denver, Colo. Fourth Printing, 1976. 331 pp. Mavrogordato, J.G. 1960. A Hawk for the Bush. Charles T. Branford Co. Newton, Mass. 144 pp.. 1966. A Falcon in the Field. Knightly Vernon Ltd. London. 123 pp. Michell, E.B. 1959. The Art and Practice of Hawking. Charles T. Branford Co. Boston, Mass. 219 pp. Peeters, Hans J. and E.W. Jameson, Jr., 1970. American Hawking, a General Account of Falconry in the New World. Privately published, Oakside, Davis, California Utah Division of Wildlife Resources - Falconry proclamation.

Natural History Austin, R.G. 1964. World of the Red-Tailed Hawk. Lippincott. Philadelphia, Pa. Bent, A.C. 1961. Life Histories of North American Birds of Prey. Dover Publications Inc. New York. 2 parts. 482 pp. Brown, L. and D. Amadon. 1968. Eagles, Hawks and Falcons of the World. McGraw Hill Book Co. New York. 2 Vo. 945 pp. Craighead, J.J. and F.C. Craighead Jr. 1956. Hawks, Owls, and Wildlife. Stackpole Co. Harrisburg, Pa. 433 pp. Grossman, Mary L. and J. Hamlet. 1964. Birds of Prey of the World. C.N. Potter Inc. New York. 496 pp. Peterson, Roger T., 1941. A Field Guide to Western Birds. Houghton Mifflin C., Mass. 240 pp. Robbins, C.S., B. Bruun and H.S. Zim. 1966. Bird of North American. Golden Press, New York, 340 pp.

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GUIDELINES FOR RAPTOR HOUSING AND EQUIPMENT

Raptors can be housed and properly cared for in a variety of enclosures. Building a solid wood mew is not the only alternative. The following are general descriptions of adequate facilities; final judgments rest with those conducting inspections.

Walls:

Wall can be wood or fiberglass. If chain link is used, it should be covered entirely with wood lath, fiberglass screening, netting, etc. Take care not to leave nails, screws, wood splinters, etc., exposed. Partially bury walls or lay chicken wire horizontally along the exterior base of the wall to prevent predator (wild and domestic) digging.

Windows: Flooring:

Use vertical lathing or dowels (mounted on the inside). Chicken wire is unacceptable.

Wood shavings (not sawdust). Natural flooring may be used (dirt, sand, etc.) , but it must be periodically turned and disinfected. Pea gravel also works. Concrete will suffice, but it is hard on feet and talons. Concrete also tends to stay damp when washed down.

Perches:

Provide one or more at different heights, with one by a window. Use wood dowelings, platforms and or block perches that are covered with artificial turf, hemp rope or indoor/outdoor carpeting. Also use covered bow, block and/or ring perches depending on the species held. Acciptiters: Goshawks, Cooper's Hawks, and Sharp-shinned Hawks do best on round perches (covered doweling). Falcons: Prairie Falcons, Gyr Falcons and Peregrine Falcons do best on covered dowelings and round perches. Buteos: Red-tailed Hawks, Rough-legged Hawks and Swainson's Hawk do best on covered dowelings and block perches.
A double-door system works great, but not required. A key lock or combination lock is also recommended.

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Suggested minimum mew dimensions:


These suggestion are for one bird only. Double the dimensions for two birds, and add a solid wall to separate. 6' x 8' x7' Northern Goshawk Rough-legged Hawk Ferruginous Hawk Red-tailed Hawk Swainson's Hawk Harris' Hawk Gyr Falcon Prairie Falcon Peregrine Falcon

6' x 6' x6' Cooper's Hawk Sharp-shinned Hawk Northern Harrier American Kestrel Merlin

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Forms for the State of Utah


Apprentice Class Application Form http://wildlife.utah.gov/falconry/apprentice.pdf General or Master Class Application Form http://wildlife.utah.gov/falconry/general_master.pdf Falconry Change of Address form: http://wildlife.utah.gov/falconry/falconry_coa.pdf Annual Report http://wildlife.utah.gov/falconry/ 2011_falconry_annual_report.pdf Peregrine Falcon http://wildlife.utah.gov/falconry/ 2011_falconry_annual_report.pdf

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FEDERAL REGULATIONS FOR FALCONRY


Title 50: Wildlife and Fisheries
PART 21MIGRATORY BIRD PERMITS Section 21.29 - Falconry Standards and Permits 21.29Falconry standards and falconry permitting.

(a) Background
(1) The legal basis for regulating falconry.
The Migratory Bird Treaty Act prohibits any person from taking, possessing, purchasing, bartering, selling, or offering to purchase, barter, or sell, among other things, raptors (birds of prey) listed in 10.13 of this subchapter unless the activities are allowed by Federal permit issued under this part and part 13 of this chapter, or as permitted by regulations in this part. (2) (i) This section covers all Falconiformes (vultures, kites, eagles, hawks, caracaras, and falcons) and all Strigiformes (owls) listed in 10.13 of this subchapter (native raptors), and applies to any person who possesses one or more wild-caught, captive-bred, or hybrid raptors protected under the MBTA to use in falconry. (3) (ii) The Bald and Golden Eagle Protection Act (16 U.S.C. 668-668d, 54 Stat. 250) provides for the taking of golden eagles from the wild to use in falconry. It specifies that the only golden eagles that may be taken from the wild for falconry are those that would be taken because of depredations on livestock or wildlife (16 U.S.C. 668a).

(2) Possession and short-term handling of a falconry raptor.


We do not consider short-term handling, such as letting any other person hold or practice flying a raptor you possess under your permit, to be possession for the purposes of this section if you are present and the person is under your supervision.

(3) Regulatory year for governing falconry.


For determining possession and take of raptors for falconry, a year is any 12month period for take defined by the State, tribe, or territory.

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(b) Federal approval of State, tribal, and territorial falconry programs


(1) General.
(i) A State (including the District of Columbia), tribe, or territory under the jurisdiction of the United States that wishes to allow falconry must establish laws and regulations (hereafter referred to as laws) that meet the standards established in this section. To allow the practice of falconry on tribal lands by tribal members or residents, a tribe may either certify that it has adopted Service-approved State laws if those laws are fully enforceable on tribal lands, or issue its own laws and request our approval. (2) (ii) The U.S. Fish and Wildlife Service (Service) Director must determine that a State, tribal, or territorial falconry permitting program meets the requirements and standards of this section. The Director must certify no later than January 1, 2014, that a State, tribe, and territory willing to allow falconry meets the federal standards. At that time, all Federal falconry permits and the Federal permitting program will end. Falconry will not be permitted in a State or territory or by a tribe after this date until that State, tribe, or territory develops a permitting program the Director certifies to be in compliance with these regulations. Also see paragraph (b)(12) of this section. (3) (iii) State, tribal, or territorial laws may be more restrictive than these Federal standards but may not be less restrictive. For instance, a State, tribe, or territory may choose not to allow possession of some species of raptors otherwise allowed in this section. State, tribal, and territorial laws must be consistent with the terms contained in any convention between the United States and any foreign country for the protection of raptors and the Migratory Bird Treaty Act.

(2) State, tribal, or territorial submission for approval.


A State, tribe, or territory that wishes to allow falconry must submit to the Director: (2) (i) The data required by paragraph (b)(1) of this section; (3) (ii) A copy of the State's, tribe's, or territory's Apprentice Falconer examination, which must at a minimum cover laws and regulations, raptor biology and raptor identification, trapping methods, facilities requirements, care of raptors held for falconry, and diseases and health problems of raptors, and training methods; and (4) (iii) Copies of the laws and regulations governing falconry of the State, tribe, or territory, and certification that the laws and regulations meet the requirements of this section.

(3) Electronic reporting.


The State, tribe, or territory must work with us to ensure that the electronic 3-186A reporting system (http:// permits.fws.gov/186A) for reporting take, transfers, and loss of falconry birds is fully operational for residents of that jurisdiction.

(4) Federal approval and terms.


If we concur that the regulations and the examination meet the requirements of this section, we will publish a rule in the FederalRegister adding the State, tribe, or territory to the list of those approved for allowing the practice of falconry. 15

We will terminate Federal falconry permitting in any State certified under these regulations on January 1st of the calendar year following publication of the rule. (2) (i) An approved State, tribe, or territory must notify the Service Director of any substantive revisions of their laws governing falconry and certify that they meet the requirements of this section. (3) (ii) We must approve the falconry examination any time it is revised.

(5) Review of a State, tribal, or territorial falconry program.


We may review the administration of an approved State's, tribe's, or territory's falconry program if complaints from the public or law enforcement investigations that indicate the need for a review, or revisions to the State's, tribe's, or territory's laws or falconry examination. The review may involve, but is not limited to: (2) (i) Inspecting falconers' facilities to ensure that facilities standards in this section are met; (3) (ii) Processing time of applications; (4) (iii) Reviewing approved applications for completeness; (5) (iv) Determining that permits issued are appropriate for the experience of the applicants; (6) (v) Determining the adequacy of the State's, tribe's, or territory's recordkeeping for the needs of State, tribal, or territorial and Federal law enforcement; (7) (vi) Reviewing laws to determine if they meet the requirements of this section; and (8) (vii) Reviewing a revised falconry examination to determine if it meets the requirements of this section.

(6) Suspension of a State's, tribe's, or territory's certification.


(i) We may propose to suspend, and may suspend the approval of a State, tribal, or territorial falconry program in accordance with the procedures in paragraph (b)(6)(ii) of this section if we determine that the State, tribe, or territory has deficiencies in one or more items in paragraph (b)(5) of this section. (2) (ii) When we propose to suspend approval of a State, tribal, or territorial falconry program, we will first provide written notice to the State, tribe, or territory. Any such notice will include the basis for our determination that suspension is warranted. We will identify the actions that would, if implemented by the State, tribe, or territory, allow us to cancel the proposed suspension of approval. (3) (iii) The State, tribe, or territory will have 2 years from the date of our notification to correct the deficiencies. The State, tribe, or territory must respond in writing within that time to the proposed suspension, specifying the reasons why the certification should not be suspended. We will give due consideration to any objections and evidence raised by the State, tribe, or territory. (4) (iv) If we continue to believe that suspension is warranted, we will provide written notice of suspension, including the rationale for suspension, and respond to any objections to the suspension. (2) (A) The suspension of approval of the State's, tribe's, or territory's falconry program will be effective 180 days from the date of the Service's final notification of suspension. (3) (B) The State, tribe, or territory must then inform all falconry applicants and permittees of the impending cancellation of permitting. (5) (v) We will honor all falconry permits in that jurisdiction for 2 years from the date of our final notification of suspension of certification. At the end of the 2 years, you must transfer all raptors (including captivebred raptors) held under permits from the State, tribal, or territorial falconry program to other falconry permittees in other States or territories, or to Federal raptor propagation or education permittees, 16

institutions exempt from the Federal permit requirements, or permanently released to the wild (if it is allowed by the State, tribe, or territory and by this section), or euthanized. However, you may not permanently release hybrid raptors to the wild.

(7) Appeal of a decision to suspend State, tribal, or territorial certification .


The State, tribe, or territory may appeal a decision to suspend certification to the Director within 180 days of the date of the Director's decision. The Director will then respond to the State, tribe, or territory within 180 days of receipt of the appeal. The State, tribe, or territory certification will remain effective until the Director makes a final decision on the appeal.

(8) Re-certification of compliance with this section if a State's, tribe's, or territory's falconry permitting authority has been suspended
If a State, tribe, or territory has had its falconry permitting authority suspended but has corrected its problems, it must submit a request for approval of its permitting activities. We will then either re-certify the program, or report in writing why we do not believe that earlier permitting problems have been rectified.

(9) Authority to suspend or revoke a falconry permit issued by a State, tribe, or territory.
Suspension or revocation of a falconry permit is the responsibility of the State, tribe, or territory. However, compliance with all provisions of these regulations remains under the purview of the Fish and Wildlife Service.

(10) Standards in effect in your place of residence.


If your legal residence is in you may (i) Arkansas, Colorado, Idaho, Indiana, Iowa, Maine, Michigan, Mississippi, Missouri, Montana, Nebraska, New Jersey, New Mexico, North Carolina, Ohio, Oklahoma, Oregon, Pennsylvania, South Dakota, Tennessee, Texas, Utah, Virginia, Washington, or Wyoming practice falconry as permitted in these regulations if you have a permit from your State, tribe, or territory. (ii) Alabama, Alaska, Arizona, California, Connecticut, Delaware, Florida, Georgia, Illinois, Kansas, Kentucky, Louisiana, Maryland, Massachusetts, Minnesota, Nevada, New Hampshire, New York, North Dakota, Rhode Island, South Carolina, Vermont, West Virginia, or Wisconsin practice falconry under the Federal regulations in effect on November 7, 2008 (if falconry was allowed in your State at that time) until your State has certified that it meets the requirements in these regulations or until January 1, 2014.

(11) Compliance date for the regulations in this section.


A State with existing Federally-approved falconry regulations wishing to continue to allow falconry after January 1, 2014 must certify to the Director of the Fish and Wildlife Service that it is in compliance with this section. This section will be applicable for a State upon publication in the FederalRegister of our notice of approval of the State's certification. Any State certified to allow falconry under the Federal falconry regulations contained in 21.28 and 21.29 in effect prior to November 7, 2008 may continue to allow falconry under those provisions until: (2) (i) We publish a notice of our approval of the State's certification in the FederalRegister; or 17

(ii) January 1, 2014.

12) What will happen if a State with falconry regulations certified under earlier regulations does not come into compliance with this section by January 1, 2014?
If a State does not come into compliance with this section by the compliance date, we will require that all raptors held for falconry in that State or (including captive-bred raptors) be transferred to falconers in other jurisdictions, transferred to captive propagation programs, permanently released to the wild (if that is allowed by the State and by this section), or euthanized. However, you may not permanently release hybrid raptors to the wild.

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(c) Practicing falconry


(1) Permits and inspections to practice falconry.
You must have a valid falconry permit from the State, tribe, or territory in which you reside (or the tribe on whose land you wish to practice falconry if you reside on tribal land or are a tribal member), to take, possess, or transport raptors for falconry, or to hunt with them. Depending on the game you hunt as a falconer and where you hunt, you also may need a Federal Migratory Bird Hunting and Conservation Stamp (a Duck Stamp), and State, tribal, or territorial hunting permits or stamps to hunt with a raptor. (i) Some State, tribal, territorial, or local governments may require you to have additional permits or licenses to practice falconry or to take a raptor from the wild. (ii) You must comply with all regulations governing migratory bird permitting. (iii) If you reside for more than 120 consecutive days in a State or territory or on tribal lands other than the location of your primary residence, your falconry facilities in the second location must meet the standards in paragraph (d) of this section and of the corresponding State, tribal, or territorial lands, and your facilities must be listed on your falconry permit.

(2) Classes of permit to practice falconry.


We recognize Apprentice, General, and Master Falconer levels. Each State, tribe, or territory may have any number of permit levels, but the standards for them must be at least as restrictive as these Federal standards. Your State, tribe, or territory may have more restrictive laws or regulations governing falconry. (i) Requirements and possession options for an Apprentice Falconer. (A) You must be at least 12 years of age. (B) If you are under 18 years of age, a parent or legal guardian must sign your application and is legally responsible for your activities. (C) You must have a letter from a Master Falconer or a General Falconer with a valid State, tribal, or territorial falconry permit who is at least 18 years old and has at least 2 years experience at the General Falconer level, stating that he or she will assist you, as necessary, in: (1) Learning about the husbandry and training of raptors held for falconry; (2) Learning and about relevant wildlife laws and regulations, and (3) Deciding what species of raptor is appropriate for you to possess while an Apprentice. (D) Regardless of the number of State, tribal, or territorial falconry permits you have, you may possess no more than one raptor for use in falconry. (E) You may take raptors less than 1 year old, except nestlings, from the wild during any period or periods specified by the State, tribe, or territory. You may take any raptor species from the wild except a federally listed threatened or endangered species or the following species: Bald eagle (Haliaeetus leucocephalus), white-tailed eagle(Haliaeetus albicilla), Steller's sea-eagle (Haliaeetus pelagicus), golden eagle (Aquila chrysaetos), American swallow-tailed kite (Elanoides forficatus), Swainson's hawk(Buteo swainsoni), peregrine falcon (Falco peregrinus), flammulated owl (Otus flammeolus), elf owl (Micrathene whitneyi), and short-eared owl (Asio flammeus). (F) You may possess a raptor of any Falconiform or Strigiform species, including wild, captive-bred, or hybrid individuals, except a federally listed threatened or endangered species, a bald eagle ( Haliaeetus leucocephalus ), a white-tailed eagle (Haliaeetus albicilla ), a Steller's sea-eagle ( Haliaeetus pelagicus ), or a golden eagle (Aquila chrysaetos ).

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(G) You do not need to capture a wild raptor yourself; it can be transferred to you by another falconry permittee. (H) You may not possess a raptor taken from the wild as a nestling. (I) You may not possess a bird that is imprinted on humans. (J) Your raptor facilities must pass inspection by your State, tribe, or territory before you may be granted a permit. (ii) Requirements and possession options for a General Falconer. (A) You must be at least 16 years of age. (B) If you are 16 or 17 years of age, a parent or legal guardian must sign your application and must be legally responsible for your activities. (C) You must submit a document from a General Falconer or Master Falconer (preferably your sponsor) to your State, tribal, or territorial wildlife agency stating that you have practiced falconry with raptor(s) at the Apprentice Falconer level or equivalent for at least 2 years, including maintaining, training, flying, and hunting the raptor(s) for least 4 months in each year. That practice may include capture and release of falconry raptors. (D) You may not substitute any falconry school program or education to shorten the period of 2 years at the Apprentice level. (E) You may take and possess any species of Falconiform or Strigiform except a golden eagle, a bald eagle, a white-tailed eagle, or a Steller's sea-eagle. You may use captive-bred individuals and hybrids of the species you are allowed to possess. (F) Regardless of the number of State, tribal, or territorial falconry permits you have, you may possess no more than 3 raptors. (iii) Requirements and possession options for a Master Falconer. (A) You must have practiced falconry with your own raptor(s) at the General Falconer level for at least 5 years. (B) You may take and possess any species of Falconiform or Strigiform except a bald eagle. However, you may take and possess a golden eagle, a white-tailed eagle, or a Steller's sea eagle only if you meet the qualifications set forth under paragraph (c)(2)(iv). (C) You may possess any captive-bred individuals or hybrids of species your State, tribe, or territory allows you to possess for use in falconry. (D) Regardless of the number of State, tribal, or territorial falconry permits you have, you may possess no more than 5 wild raptors, including golden eagles. (E) You may possess any number of captive-bred raptors. However, you must train them in the pursuit of wild game and use them in hunting.

(iv) If you meet the requirements in paragraph (c) of this section for falconry you may possess up to 3 eagles of the following species: golden eagle, white-tailed eagle, or Steller's sea eagle. (A) Your State, tribal, or territorial agency that regulates falconry must document the following before approving your request to possess an eagle to use in falconry: (1) Your experience in handling large raptors, including information about the species you have handled and the type and duration of the activity in which you gained the experience. 20

(2) At least two letters of reference from people with experience handling and/or flying large raptors such as eagles, ferruginous hawks, goshawks ( Accipiter gentilis ), or great horned owls ( Bubo virginianus ). Each must contain a concise history of the author's experience with large raptors, which can include, but is not limited to, handling of raptors held by zoos, rehabilitating large raptors, or scientific studies involving large raptors. Each letter must also assess your ability to care for eagles and fly them in falconry. (B) A golden eagle, white-tailed eagle, or Steller's sea-eagle you hold will count as one of the raptors you are allowed to possess for use in falconry.

(3) Taking a test to qualify for a falconry permit.


Before you are issued an Apprentice permit you must correctly answer at least 80 percent of the questions on an examination administered by the State, tribe, or territory under which you wish to obtain a falconry permit. The examination must cover care and handling of falconry raptors, Federal, State or territorial, and tribal (if applicable) laws and regulations relevant to falconry, and other appropriate subject matter. Contact your State, tribal, or territorial agency that regulates falconry for information about permits and taking the test.

(4) Reinstatement of a lapsed falconry permit if your State, tribe, or territory allows it.
(i) If your permit has lapsed for fewer than 5 years, it may be reinstated at the level you held previously if you have proof of your certification at that level. (ii) If your permit has lapsed for 5 years or longer, you must correctly answer at least 80 percent of the questions on an examination administered by the State, tribe, or territory in which you wish to obtain a falconry permit. If you pass the exam, your permit may be reinstated at the level you previously held. Your facilities must pass State, tribal, or territorial inspection before you may possess a falconry bird.

(5) Permit to practice falconry at an appropriate level if you have experience in falconry but are a new resident in the United States.
You may qualify for the falconry permit appropriate for your experience. To demonstrate your knowledge of U.S. falconry laws and regulations, you must correctly answer at least 80 percent of the questions on the supervised examination for falconers administered by the State, tribe, or territory under which you wish to obtain a falconry permit. If you pass the test, the State, tribe, or territory will decide for which level of falconry permit you are qualified, consistent with the class requirements in paragraph (c)(2) of this section. To do so, the State, tribe, or territory should base its decision on your documentation of your experience. Your falconry facilities must meet the standards in paragraph (d)(1) of this section before you may keep a raptor to use in falconry.

(6) Banding or tagging raptors used in falconry.


(i) If you take a goshawk, Harris's hawk ( Parabuteo unicinctus ), peregrine falcon ( Falco peregrinus ), or gyrfalcon (Falco rusticolus ) from the wild or acquire one from another falconer or a rehabilitator, and if the raptor is not already banded, you must band it with a permanent, nonreusable, numbered U.S. Fish and Wildlife Service leg band that your State, tribal, or territorial agency will supply. If you wish, you may purchase and implant an ISO (International Organization for Standardization)-compliant (134.2 kHz) microchip in addition to the band. You must report the band number when you report your acquisition of the bird. Contact your State, tribal, or territorial agency for information on obtaining and disposing of bands. Within 10 days from the day on which you take the raptor from the wild, you must report take of the bird by entering the required information (including the band number) in the electronic database athttp://permits.fws.gov/186A or, if required by your permitting agency, by submitting a paper form 3186A to your State, tribal, or territorial agency that governs falconry. You may request an appropriate band from your State, tribal, or territorial agency in advance of any effort to capture a raptor. Your State, tribe, or territory may require that you band other species taken from the wild. (ii) A raptor bred in captivity must be banded with a seamless metal band ( see21.30). If you must remove a seamless band or if it is lost, within 10 days from the day you remove or note the loss of the band, you must report it and request a replacement U.S. Fish and Wildlife Service nonreusable band from your State, tribe, or territory. You 21

must submit the required information electronically immediately upon rebanding the raptor at http:// permits.fws.gov/186A or, if required by your permitting agency, by submitting a paper form 3186A to your State, tribal, or territorial agency that governs falconry. You must replace a seamless band that is removed or lost. You may implant an ISO-compliant (134.2 kHz) microchip in a falconry raptor in addition to the seamless band. (iii) If the band must be removed or is lost from a raptor in your possession, you must report the loss of the band within 5 days, and you must then do at least one of the following: (A) Request a U.S. Fish and Wildlife Service nonreusable band from your State, tribal, or territorial agency that regulates falconry. You must submit the required information within 10 days of rebanding the raptor at http:// permits.fws.gov/186A or by submitting a paper form 3-186A to your State, tribal, or territorial agency that governs falconry. (B) Purchase and implant an ISO-compliant (134.2 kHz) microchip in the bird and report the microchip information at http://permits.fws.gov/186A or by submitting a paper form 3-186A form to your State, tribal, or territorial agency that governs falconry. (iv) You must not alter, deface, or counterfeit a band. You may remove the rear tab on a band on a raptor you take from the wild, and you may smooth any imperfect surface if you do not affect the integrity of the band or the numbering on it. (v) If you document health or injury problems for a raptor you possess that are caused by the band, the State, tribe, or territory may provide an exemption to the requirement for that raptor. In that case, you must keep a copy of the exemption paperwork with you when transporting or flying the raptor. If your bird is a wild goshawk, Harris's hawk, peregrine falcon, or gyrfalcon, you must replace the band with an ISO-compliant microchip that we will supply to your State, tribe, or territory. We will not provide a microchip for a wild goshawk, Harris's hawk, peregrine falcon, or gyrfalcon unless you have demonstrated that a band causes an injury or a health problem for the bird. (vi) You may not band a raptor removed from the wild with a seamless numbered band.

(7) Carrying your permit(s) when conducting falconry activities.


You must have your permit(s) or legible copies of them in your immediate possession if you are not at the location of your falconry facilities and you are trapping, transporting, working with, or flying your falconry raptor(s).

(8) Transporting a falconry raptor or raptors to other States or territories.


If you have a valid falconry permit, you may possess and transport for falconry purposes a lawfully possessed raptor through other States or territories. However, any State, tribe, or territory may further regulate such transport.

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(d) Facilities and care requirements


(1) Facilities you must have and maintain .
You must keep all raptors you hold under your falconry permit in humane and healthful conditions. (i) Whether they are indoors (a mews) or outdoors (a weathering area), your raptor facilities must protect raptors in them from the environment, predators, and domestic animals. You are responsible for the maintenance and security (protection from predators) of raptors you possess under your permit. (ii) You must have raptor housing facilities approved by your State, tribe, or territory before you may obtain a bird to use in falconry. Your State, tribe, or territory may require that you have both indoor and outdoor facilities. A representative of your agency that regulates falconry, or its designee, must certify that your facilities and equipment meet the following standards: (A) For housing raptors indoors or outdoors, the facility must protect raptors from predators and domestic animals. (1) The facility must have a suitable perch for each raptor, at least one opening for sunlight, and must provide a healthy environment for raptors inside. (2) You may house untethered raptors together if they are compatible with each other. (3) Each raptor must have an area large enough to allow it to fly if it is untethered or, if tethered, to fully extend its wings or bate (attempt to fly while tethered) without damaging its feathers or contacting other raptors. (4) Each falconry bird must have access to a pan of clean water unless weather conditions, the perch type used, or some other factor makes access to a water pan unsafe for the raptor. (B) An indoor facility must be large enough to allow easy access for the care and feeding of raptors kept there. (1) If raptors you house in this indoor facility are not tethered, all walls that are not solid must be protected on the inside. Suitable materials may include vertical bars spaced narrower than the width of the body of the smallest raptor you house in the enclosure. However, heavy-duty netting or other such materials may be used to cover the walls or roof of the enclosure. (2) Acceptable indoor facilities include shelf perch enclosures where raptors are tethered side by side. Other innovative housing systems are acceptable if they provide the enclosed raptors with protection and allow them to maintain healthy feathers. (3) An eyas raptor may be kept in any suitable container or enclosure until it is capable of flight. (C) You may keep a falconry raptor or raptors inside your place of residence if you provide a suitable perch or perches. If you house your raptor(s) inside your home, you do not need to modify windows or other openings of the structure. Raptors kept in your home must be tethered when they are not being moved into or out of the location in which they are kept. (D) An outdoor facility must be totally enclosed, and may be made of heavy-gauge wire, heavy-duty plastic mesh, slats, pipe, wood, or other suitable material. (1) The facility must be covered and have at least a covered perch to protect a raptor held in it from predators and weather.

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(2) The facility must be large enough to insure that the birds cannot strike the enclosure when flying from the perch. (3) New types of housing facilities and/or husbandry practices may be used if they satisfy the requirements above and are approved by the State, tribal, or territorial authority regulating falconry. (iii) You may keep falconry raptors outside in the open if they are under watch, such as by you or a family member at any location or, for example, by a designated individual in a weathering yard at a falconry meet. (iv) You must inform your State, tribal, or territorial agency within 5 business days if you change the location of your facilities.

(2) Falconry facilities on property you do not own


(i) Your falconry facilities may be on property owned by another person where you reside, or at a different location. Regardless of location, the facilities must meet the standards in paragraph (d)(1) of this section and those of the State, tribe, or territory from which you have a falconry permit. (ii) You must submit to your State, tribal, or territorial agency that regulates falconry a signed and dated statement showing that you agree that the falconry facilities and raptors may be inspected without advance notice by State, tribal (if applicable), or territorial authorities at any reasonable time of day, but you must be present. If your facilities are not on property that you own, you must submit a signed and dated statement showing that the property owner agrees that the falconry facilities and raptors may be inspected by State, tribal (if applicable), or territorial authorities at any reasonable time of day in the presence of the property owner; except that the authorities may not enter the facilities or disturb the raptors unless you are present.

(3) Equipment you must have and maintain.


You must have jesses or the materials and equipment to make them, leash and swivel, bath container, and appropriate scales or balances for weighing raptor(s) you possess.

(4) Facilities you must have for a raptor when you are transporting it, using it for hunting, or are away from your home with it.
You must be sure that the bird has a suitable perch and is protected from extreme temperatures, wind, and excessive disturbance. A giant hood or similar container is acceptable for transporting or housing a raptor when you are away from the permanent facility where it is housed.

(5) Temporarily housing a raptor outside of your permanent facilities when you are not transporting it or using it for hunting.
You may house a raptor in temporary facilities for no more than 120 consecutive calendar days if the bird has a suitable perch and is protected from predators, domestic animals, extreme temperatures, wind, and excessive disturbance.

(6) Care of falconry raptors by another falconry permittee .


Another falconry permittee may care for a raptor or raptors for you at your facilities or at that person's facilities for up to 120 consecutive calendar days. The other person must have a signed and dated statement from you authorizing the temporary possession, plus a copy of FWS form 3-186A that shows that you are the possessor of each of the raptors. The statement must include information about the time period for which he or she will keep the raptor(s), and about what he or she is allowed to do with it or them. (i) Your raptor(s) will remain on your falconry permit, and will not be counted against the possession limit of the person caring for your raptors. (ii) If the person caring for your raptor(s) holds the appropriate level falconry permit, he or she may fly your raptor(s) in whatever way you authorize, including hunting.

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(iii) This care of your raptors may be extended indefinitely in extenuating circumstances, such as illness, military service, or for a family emergency. The State, tribe, or territory may consider such instances on a case-by-case basis.

(7) Care of falconry raptors by someone who does not have a falconry permit.
Another person may care for falconry birds you possess at your facilities for up to 45 consecutive calendar days. (i) The raptor(s) will remain on your falconry permit. (ii) The raptors must remain in your facilities. (iii) This care may be extended indefinitely in extenuating circumstances, such as illness, military service, or for a family emergency. (iv) The person(s) caring for your raptors may not fly them for any reason.

(8) Residence part of the year in another jurisdiction.


(i) The State, tribe, or territory in which you live part-time may require that you obtain its falconry permit. You must contact the State, tribal, or territorial agency that regulates falconry to determine whether you need a permit. (ii) If you live for more than 120 consecutive days in a State or territory or on tribal lands other than where you maintain your primary residence, your falconry facilities in the second State must meet the standards in this section.

(9) Inspections.
Falconry equipment and records may be inspected in the presence of the permittee during business hours on any day of the week by State, tribal, or territorial officials.

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(e) Taking, possessing, and transporting raptors for falconry


(1) Raptor species you may take from the wild to use for falconry.
(i) You may not intentionally capture a raptor species that your classification as a falconer does not allow you to possess for falconry. If you capture a bird you are not allowed to possess, you must release it immediately. (ii) On some tribal lands and in some States there may be State, tribal, or Federal restrictions on the take or use of these species, and you may need a tribal or State permit or permits to capture a bird. (iii) State, tribal, or territorial regulations on take may be more restrictive than those in this section. (iv) Take of any species must be in compliance with these regulations. (v) If you are a Master Falconer and your State, tribe, or territory allows you to possess golden eagles, in any year you may take up to two golden eagles from the wild and only in a livestock depredation area during the time the depredation area and associated depredation permit or depredation control order are in effect. A livestock depredation area is declared by USDA Wildlife Services and permitted under 22.23, or upon the request of a State governor and authorized by the Service Director pursuant to 22.31 and 22.32.

(2) How and when you may take raptors from the wild to use in falconry.
You may take no more than two raptors from the wild each year to use in falconry. (i) If you transfer a bird you take from the wild to another permittee in the same year in which you capture it, the bird will count as one of the raptors you are allowed to take from the wild that year; it will not count as a capture by the recipient, though it will always be considered a wild bird. (ii) If you are a General or Master Falconer, you may remove nestlings from a nest or aerie in accordance with tribal (if applicable), State, territorial, and Federal restrictions. (iii) You may not take raptors at any time or in any manner that violates any law of the State, tribe, or territory on whose land you are trapping. (iv) If you are responsible for reporting take of a raptor from the wild, you can report by entering the required information in the electronic database athttp://permits.fws.gov/186A or by submitting a paper form 3-186A to your State, tribal, or territorial agency that governs falconry. You must do this at your first opportunity to do so, but no later than 10 days after the capture of the bird. (v) If you are present at the capture site, even if another person captures the bird for you, you are considered the person who removes the bird from the wild. You are responsible for filing a 3-186A form reporting take of the bird from the wild. This would occur, for example, if another person climbs a tree or rappells down a cliff and takes a nestling for you and gives it to you at the tree or cliff. (vi) If you are not at the immediate location where the bird is taken from the wild, the person who removes the bird from the wild must be a General or Master Falconer, and must report take of the bird. If that person then transfers the bird to you, you must both file 3-186A forms reporting the transaction at your first opportunity to do so, but no later than 10 days after the transfer. The bird will count as one of the two raptors the person who took it from the wild is allowed to capture in any year. The bird will not count as a bird you took from the wild. The person who takes the bird from the wild must report the take even if he or she promptly transfers the bird to you. (vii) If you have a long-term or permanent physical impairment that prevents you from attending the capture of a species you can use for falconry, a General or Master Falconer may capture a bird for you. You are then

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responsible for filing a 3-186A form reporting take of the bird from the wild, and the bird will count against the take of wild raptors that you are allowed in any year. (viii) You must promptly release any bird you capture unintentionally.

(3) Other restrictions on taking raptors from the wild for falconry.
(i) If you are a General or Master Falconer, you may take only raptors less than 1 year of age from the wild during any period or periods specified by the State, tribe, or territory. However, you may take an American kestrel or great horned owl of any age from the wild during any period or periods specified by the State, tribe, or territory. (ii) If you are a Master Falconer authorized to possess golden eagles for use in falconry, you may capture a golden eagle in a livestock or wildlife depredation area during the time the depredation area and associated depredation permit or depredation control order are in effect. (A) You may capture an immature or subadult golden eagle. (B) You may take a nestling from its nest in a livestock depredation area if a biologist representing the agency responsible for declaring the depredation area has determined that the adult eagle is preying on livestock or wildlife. (C) You may take a nesting adult golden eagle only if a biologist representing the agency responsible for declaring the depredation area has determined that the adult eagle is preying on livestock or wildlife and that any nestling of the adult will be taken by a falconer authorized to possess it or by the biologist and transferred to an individual authorized to possess it. (D) You must determine the locations of the livestock or wildlife depredation areas declared by USDA Wildlife Services, or published in the FederalRegister by the Service in response to a State governor's request. We will not notify you about them. (E) Before you begin any trapping activities, you must inform our regional Law Enforcement office of your capture plans. You must notify the offices in person, in writing, or via facsimile or email at least 3 business days before you start trapping. You may send an email to with your trapping plans to lawenforcement@fws.gov , or: If you plan to trap a golden eagle in: you must notify (1) California, Idaho, Nevada, Oregon, or Washington, U.S. Fish and Wildlife Service Special Agent in Charge - Law Enforcement 911 NE 11th Avenue Portland, Oregon 97232-4181 503-231-6125 facsimile 503-231-6197 (2) Arizona, New Mexico, Oklahoma, or Texas, U.S. Fish and Wildlife Service Special Agent in Charge - Law Enforcement P.O. Box 329 Albuquerque, New Mexico 87103 505-248-7889 facsimile 505-248-7899

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(3) Illinois, Indiana, Iowa, Kentucky, Michigan, Minnesota, Missouri, Ohio, or Wisconsin, U.S. Fish and Wildlife Service Special Agent in Charge - Law Enforcement P.O. Box 45 Federal Building Fort Snelling, Minnesota 55111-0045 612-713-5320 facsimile 612-713-5283

(6) Colorado, Kansas, Montana, Nebraska, North Dakota, South Dakota, Utah, or Wyoming, U.S. Fish and Wildlife Service Special Agent in Charge - Law Enforcement P.O. Box 25486 Denver Federal Center (60130) Denver, Colorado 80225-0486 303-236-7540 facsimile 303-236-7901

(4) Alabama, Arkansas, Florida, Georgia, Kentucky, Louisiana, Mississippi, North Carolina, South Carolina, or Tennessee, U.S. Fish and Wildlife Service Special Agent in Charge - Law Enforcement P.O. Box 49226 Atlanta, Georgia 30359 404-679-7057 facsimile 404-679-7065

(5) Connecticut, Delaware, Maine, Maryland, Massachusetts, New Hampshire, New Jersey, New York, Pennsylvania, Rhode Island, Vermont, Virginia, or West Virginia, U.S. Fish and Wildlife Service Special Agent in Charge - Law Enforcement P.O. Box 659 Hadley, Massachusetts 01035-0659 413-253-8274 facsimile 413-253-8459

(7) Alaska, U.S. Fish and Wildlife Service Special Agent in Charge - Law Enforcement 1011 East Tudor Road Suite 155 Anchorage, Alaska 99503-6199 907-786-3311 facsimile 907-786-3313

(F) You also must meet all requirements of the State or territory in which you plan to trap, or the tribe on whose lands you plan to trap. (G) You must have permission from the landowner to capture an eagle; or if you wish to capture one on public land, the responsible agency must allow it. (iii) You may recapture a falconry bird you have lost at any time. We do not consider recapture of a wild bird to be taking a bird from the wild. (iv) You may recapture a raptor wearing falconry equipment or a captive-bred bird at any time - even if you are not allowed to possess the species. The bird will not count against your possession limit, nor will its take from the wild count against your limit. You must report your recapture of the bird to your State, tribal, or territorial agency that regulates falconry no more than 5 working days after the recapture. You must return a recaptured falconry bird to the person who lost it, if that person may legally possess it. Disposition of a bird whose legal possession cannot be determined will be at the discretion of the State, tribe, or territory. (v) You may take any raptor that you are authorized to possess from the wild if the bird is banded with a Federal Bird Banding Laboratory aluminum band except that you may not take a banded peregrine falcon from the wild.

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(A) If a raptor (including a peregrine falcon) you capture is marked with a seamless metal band, a transmitter, or any other item identifying it as a falconry bird, you must report your capture of the bird to your State, tribal, or territorial agency that regulates falconry no more than 5 working days after the capture. You must return a recaptured falconry bird to the person who lost it. If that person cannot possess the bird or does not wish to possess it, you may keep it. Otherwise, disposition of a bird whose legal possession cannot be determined will be at the discretion of the State, tribe, or territory. While you keep a bird for return to the person who lost it, the bird will not count against your possession limit or your limit on take of raptors from the wild if you have reported possessing the bird to your State, tribal, or territorial falconry permit office. (B) If you capture a peregrine falcon that has a research band (such as a colored band with alphanumeric codes) or a research marking attached to it, you must immediately release the bird, except that if the falcon has a transmitter attached to it, you are authorized to possess the bird up to 30 days if you wish to contact the researcher to determine if he or she wishes to replace the transmitter or its batteries. If the researcher wishes to do so, or to have the transmitter removed, the researcher or his or her designee can make the change or allow you to do so before you release the bird. If the researcher does not wish to keep the transmitter on the falcon, you may keep the bird if you captured it in circumstances in which capture of wild peregrines is allowed. (C) If a raptor you capture has any other band, research marking, or transmitter attached to it, you must promptly report the band numbers and all other relevant information to the Federal Bird Banding Laboratory at 1-800-327-2263. ( 1 ) You may contact the researcher and determine if he or she wishes to replace a transmitter attached to a bird you capture. If so, you are authorized to possess the bird up to 30 days until the researcher or his or her designee does so, or until you can replace it yourself. Disposition of the bird will be at the discretion of the researcher and your State, tribal, or territorial agency that regulates falconry. ( 2 ) If you possess such a bird temporarily, it will not count against your possession limit for falconry raptors. (vi) You must leave at least one young from any nest or aerie from which you take a nestling. (vii) If you are an Apprentice Falconer, you may not take a nestling from the wild. (viii) If you are a Master Falconer with a permit to do so, you may take, transport, or possess up to three eagles, including golden eagles, white-tailed eagles, or Steller's sea-eagles, subject to the requirements in paragraph (c)(2)(iv) of this section and 22.24 of this part. A golden eagle, white-tailed eagle, or Steller's sea-eagle you possess counts as a bird to be included under your possession limit. (ix) If you are a General or Master Falconer, you may take no more than one bird of a threatened species from the wild each year if the regulations in part 17 of this subchapter allow it and if you obtain a Federal endangered species permit to do so before you take the bird. You also may need a State, tribal, or territorial endangered species permit to take a listed species.

(4) Take of a species or subspecies that was recently removed from the Federal List of Endangered and Threatened Wildlife to use in falconry.
We must first publish a management plan for the species. If take is allowed in the management plan, you may do so in accordance with the provisions for take in the plan.

(5) Raptors injured due to falconer trapping efforts.


You have two options for dealing with a bird injured by your trapping efforts. In either case, you are responsible for the costs of care and rehabilitation of the bird. (i) You may put the bird on your falconry permit. You must report take of the bird by entering the required information in the electronic database at http://permits.fws.gov/186A or by submitting a paper form 3-186A to your State, tribal, or territorial agency that governs falconry at your first opportunity to do so, but no more than 10 29

days after capture of the bird. You must then have the bird treated by a veterinarian or a permitted wildlife rehabilitator. The bird will count against your possession limit. (ii) You may give the bird directly to a veterinarian, or a permitted wildlife rehabilitator, or an appropriate wildlife agency employee. If you do so, it will not count against your allowed take or the number of raptors you may possess.

(6) Acquisition, transfer, loss, or rebanding of a raptor.


(i) If you acquire a raptor; transfer, reband, or microchip a raptor; if a raptor you possess is stolen; if you lose a raptor to the wild and you do not recover it within 30 days; or if a bird you possess for falconry dies; you must report the change within 10 days by entering the required information in the electronic database at http:// permits.fws.gov/186A or by submitting a paper form 3-186A to your State, tribal, or territorial agency that governs falconry. (ii) If a raptor you possess is stolen, you must report the theft to your State, tribal, or territorial agency that regulates falconry and to your Fish and Wildlife Service Regional Law Enforcement office (see paragraph (e)(3) (ii)(E) of this section) within 10 days of the theft of the bird. (iii) You must keep copies of all electronic database submissions documenting take, transfer, loss, rebanding or microchipping of each falconry raptor until 5 years after you have transferred or lost the bird, or it has died.

(7) Acquiring a bird for falconry from a permitted rehabilitator.


You may acquire a raptor of any age of a species that you are permitted to possess directly from a rehabilitator. Transfer to you is at the discretion of the rehabilitator. (i) If you acquire a bird from a rehabilitator, within 10 days of the transaction you must report it by entering the required information in the electronic database athttp://permits.fws.gov/186A or by submitting a paper form 3-186A to your State, tribal, or territorial agency that governs falconry. (ii) If you acquire a bird from a rehabilitator, it will count as one of the raptors you are allowed to take from the wild that year.

(8) Flying a hybrid raptor in falconry.


When flown free, a hybrid raptor must have attached at least two functioning radio transmitters to help you to locate the bird.

(9) Releasing a falconry bird to the wild.


You must follow all applicable State or territorial and Federal laws and regulations before releasing a falconry bird to the wild. (i) If the raptor you wish to release is not native to the State or territory, or is a hybrid of any kind, you may not permanently release the bird to the wild. You may transfer it to another falconry permittee. (ii) If the species you wish to release is native to the State or territory and is captive-bred, you may not release the bird to the wild unless you have permission from the State, tribe, or territory to release the bird. If you are permitted to do so, you must hack the bird (allow it to adjust) to the wild at an appropriate time of year and an appropriate location. You must remove its falconry band (if it has one) and report release of the bird by entering the required information in the electronic database athttp://permits.fws.gov/186A or by submitting a paper form 3-186A to your State, tribal, or territorial agency that governs falconry. (iii) If the species you wish to release is native to the State and was taken from the wild, you may release the bird only at an appropriate time of year and an appropriate location. You must remove its falconry band and report release of the bird by entering the required information in the electronic database at http:// permits.fws.gov/186A or by submitting a paper form 3-186A to your State, tribal, or territorial agency that governs falconry.

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(10) Restrictions on transfers of falconry raptors from other falconers.


We do not restrict the number of wild-caught or captive-bred raptors transferred to you, but you may not exceed your possession limit.

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(f) Additional information on the practice of falconry


(1) Raptors removed from the wild for falconry are always considered wild raptors.
No matter how long such a bird is held in captivity or whether it is transferred to another permittee or permit type, it is always considered a wild bird. However, it is considered to be taken from the wild only by the person who originally captured it. We do not consider the raptor to be taken from the wild by any subsequent permittee to whom it is legally transferred.

(2) Hacking of falconry raptors .


Hacking (temporary release to the wild) is an approved method for falconers to condition raptors for falconry. If you are a General Falconer or a Master Falconer, you may hack a falconry raptor or raptors. (i) You may need permission from your State, tribal, or territorial wildlife agency to hack a bird you possess for falconry. Check with your State, tribal, or territorial agency that regulates falconry to determine if hacking is allowed. (ii) Any bird you are hacking counts against your possession limit and must be a species you are authorized to possess. (iii) Any hybrid you hack must have two attached functioning radio transmitters during hacking. (iv) You may not hack a falconry bird near a nesting area of a Federally threatened or endangered bird species or in any other location where the raptor is likely to harm a Federally listed threatened or endangered animal species that might be disturbed or taken by your falconry bird. You should contact your State or territorial wildlife agency before hacking a falconry bird to ensure that this does not occur. You can contact the State Fish and Wildlife Service office in your State or territory for information on Federally-listed species.

(3) Use of other falconry training or conditioning techniques.


You may use other acceptable falconry practices, such as, but not limited to, the use of creance (tethered) flying, lures, balloons, or kites in training or conditioning falconry raptors. You also may fly falconry birds at bird species not protected under the Migratory Bird Treaty Act or at pen-raised animals.

(4) Selling or trading raptors under a falconry permit.


(i) If allowed by your State, tribe or territory, you may sell, purchase, or barter, or offer to sell, purchase, or barter captive-bred raptors marked with seamless bands to other permittees who are authorized to possess them. (ii) You may not purchase, sell, trade, or barter wild raptors. You may only transfer them.

(5) Transfer of wild-caught raptors captured for falconry to another type of permit.
Under some circumstances you may transfer a raptor to another permit type if the recipient of the bird (which could be you) possesses the necessary permits for the other activity. (i) If your State, tribe, or territory allows you to do so, you may transfer a wild-caught falconry bird to a raptor propagation permit after the bird has been used in falconry for at least 2 years (1 year for a sharp-shinned hawk, a Cooper's hawk, a merlin, or an American kestrel). When you transfer the bird, you must provide a copy of the 3-186A form documenting acquisition of the bird by the propagator to the Federal migratory bird permit office that administers the propagation permit.

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(ii) You may transfer a wild-caught bird to another permit type in less than 2 years (1 year for a sharp-shinned hawk, a Cooper's hawk, a merlin, or an American kestrel) if the bird has been injured and a veterinarian or permitted wildlife rehabilitator has determined that the bird can no longer be flown for falconry. (A) Within 10 days of transferring the bird , you must provide a copy of the 3-186A form documenting acquisition of the bird to the Federal migratory bird permit office that administers the other permit type. (B) When you transfer the bird, you must provide a copy of the certification from the veterinarian or rehabilitator that the bird is not useable in falconry to the Federal migratory bird permits office that administers the other permit type.

(6) Transfer of captive-bred falconry raptors to another type of permit .


You may transfer captive-bred falconry raptors if the holder of the other permit type is authorized to possess the bird(s). Within 10 days you must report the transfer by entering the required information in the electronic database athttp://permits.fws.gov/186A or by submitting a standard paper form 3-186A to your State, tribal, or territorial agency that governs falconry.

(7) Use of raptors held under a falconry permit in captive propagation .


You may use raptors you possess for falconry in captive propagation if you or the person overseeing the propagation has the necessary permit(s) (see 21.30). You do not need to transfer a bird from your falconry permit if you use it for fewer than 8 months in a year in captive propagation, but you must do so if you permanently transfer the bird for propagation. The bird must then be banded as required in 21.30.

(8) Use of falconry raptors in conservation education programs .


If you are a General or Master Falconer, you may use a bird you possess in conservation education programs presented in public venues. (i) You do not need a Federal education permit to conduct conservation education activities using a falconry raptor held under a State, tribal, or territorial falconry permit. (ii) You may present conservation programs as an Apprentice Falconer if you are under the supervision of a General or Master Falconer when you do so. (iii) You must use the bird primarily for falconry. (iv) You may charge a fee for presentation of a conservation education program. The fee may not exceed the amount required to recoup your costs. (v) In conservation education programs, you must provide information about the biology, ecological roles, and conservation needs of raptors and other migratory birds, although not all of these topics must be addressed in every presentation. You may not give presentations that do not address falconry and conservation education. (vi) You are responsible for all liability associated with conservation education activities you undertake ( see 50 CFR 13.50).

(9) Other educational uses of falconry raptors .


You may allow photography, filming, or other such uses of falconry raptors to make movies or other sources of information on the practice of falconry or on the biology, ecological roles, and conservation needs of raptors and other migratory birds, though you may not be paid for doing so. (i) You may not use falconry raptors to make movies, commercials, or in other commercial ventures that are not related to falconry. (ii) You may not use falconry raptors for commercial entertainment; for advertisements; as a representation of any business, company, corporation, or other organization; or for promotion or endorsement of any products, merchandise, goods, services, meetings, or fairs, with the following exceptions:

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(A) You may use a falconry raptor to promote or endorse a nonprofit falconry organization or association. (B) You may use a falconry raptor to promote or endorse products or endeavors related to falconry, including, but not limited to items such as hoods, telemetry equipment, giant hoods, perches, materials for raptor facilities, falconry training and education materials, and scientific research and publication.

(10) Assisting in rehabilitation of raptors to prepare them for release.


If your State, tribe, or territory allows you to do so, and if you are a General or Master Falconer, you may assist a permitted migratory bird rehabilitator to condition raptors in preparation for their release to the wild. You may keep a bird you are helping to rehabilitate in your facilities. (i) The rehabilitator must provide you with a letter or form that identifies the bird and explains that you are assisting in its rehabilitation. (ii) You do not need to meet the rehabilitator facility standards. You need only meet the facility standards in this section; your facilities are not subject to inspection for compliance with the standards in 21.31. (iii) You do not have to add any raptor you possess for this purpose to your falconry permit; it will remain under the permit of the rehabilitator. (iv) You must return any such bird that cannot be permanently released to the wild to the rehabilitator for placement within the 180day timeframe in which the rehabilitator is authorized to possess the bird, unless the issuing office authorizes you to retain the bird for longer than 180 days. (v) Upon coordination with the rehabilitator, you must release all releaseable raptors to the wild or return them to the rehabilitator for release within the 180day timeframe in which the rehabilitator is authorized to possess the birds, unless the issuing office authorizes you to retain and condition a bird for longer than 180 days, or unless the rehabilitator transfers the bird to you to hold under your falconry permit.

(11) Using a falconry bird in abatement activities.


(i) If you are a Master Falconer, you may conduct abatement activities with a bird or birds you possess for falconry, if you have a Special Purpose Abatement permit. If you are a General Falconer, you may conduct abatement activities only as a subpermittee of the holder of the abatement permit. (ii) You may receive payment for providing abatement services if you have a Special Purpose Abatement permit.

(12) Feathers that a falconry bird or birds molts.


(i) For imping (replacing a damaged feather with a molted feather), you may possess tail feathers and primary and secondary wing feathers for each species of raptor you possess or previously held for as long as you have a valid falconry permit. You may receive feathers for imping from other permitted falconers, wildlife rehabilitators, or propagators in the United States, and you may give feathers to them. You may not buy, sell, or barter such feathers. (ii) You may donate feathers from a falconry bird, except golden eagle feathers, to any person or institution with a valid permit to have them, or to anyone exempt from the permit requirement under 21.12. (iii) Except for primary or secondary flight feathers or retrices from a golden eagle, you are not required to gather feathers that are molted or otherwise lost by a falconry bird. You may leave the feathers where they fall, store them for imping, or destroy them. However, you must collect molted flight feathers and retrices from a golden eagle. If you choose not to keep them for imping, you must send them to the National Eagle Repository. (iv) We request that you send all feathers (including body feathers) that you collect from any falconry golden eagle and that you do not need for imping, to the National Eagle Repository at the following address: U.S. Fish and Wildlife Service, National Eagle Repository, Rocky Mountain Arsenal, Building 128, Commerce City, Colorado 80022. The telephone number at the Repository is 303-287-2110. (v) If your permit expires or is revoked, you must donate the feathers of any species of falconry raptor except a golden eagle to any person or any institution exempt from the permit requirement under 21.12 or authorized by

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permit to acquire and possess the feathers. If you do not donate the feathers, you must burn, bury, or otherwise destroy them.

(13) Disposition of carcasses of falconry birds that die.


(i) You must send the entire body of a golden eagle you held for falconry, including all feathers, talons, and other parts, to the National Eagle Repository. (ii) You may donate the body or feathers of any other species of falconry raptor to any person or institution exempt under 21.12 or authorized by permit to acquire and possess such parts or feathers. (iii) If the bird was banded or microchipped prior to its death, you may keep the body of any falconry raptor except that of a golden eagle. You may keep the body so that the feathers are available for imping, or you may have the body mounted by a taxidermist. You may use the mount in giving conservation education programs. If the bird was banded, you must leave the band on the body. If the bird has an implanted microchip, you must leave the microchip in place. (iv) If you do not wish to donate the bird body or feathers or keep it yourself, you must burn, bury, or otherwise destroy it or them within 10 days of the death of the bird or after final examination by a veterinarian to determine cause of death. Carcasses of euthanized raptors could pose a risk of secondary poisoning of eagles and other scavengers. You must take appropriate precautions to avoid such poisonings. (v) If you do not donate the bird body or feathers or have the body mounted by a taxidermist, you may possess the flight feathers for as long as you have a valid falconry permit. However, you may not buy, sell, or barter the feathers. You must keep the paperwork documenting your acquisition of the bird.

(14) Visitors practicing falconry in the United States.


(i) A visitor to the United States may qualify for a temporary falconry permit appropriate for his or her experience. (A) The permit may be valid for any period specified by the State, tribe, or territory. (B) To demonstrate knowledge of U.S. falconry laws and regulations, the visitor must correctly answer at least 80 percent of the questions on the supervised examination for falconers administered by the tribe, State, or territory from which he or she wishes to obtain a temporary falconry permit. If the visitor passes the test, the tribe, State, or territory will decide for what level of temporary permit the person is qualified. The decision should be based on the individual's documentation of his or her experience. (C) If you hold a temporary falconry permit, you may possess raptors for falconry if you have approved falconry facilities. (D) A holder of a temporary falconry permit may fly raptors held for falconry by a permitted falconer. (E) A holder of a temporary falconry permit may not take a bird from the wild to use in falconry. (ii) For the duration of a permit from a State, tribe, or territory, a visitor may use any bird for falconry that he or she possess legally in his or her country of residence for that purpose, provided that import of that species to the United States is not prohibited, and provided that he or she has met all permitting requirements of his or her country of residence. (A) A visitor must comply with the provisions in this section, those of the State, tribe or territory where he or she wishes to conduct falconry, and all States through which he or she will travel with the bird. (B) The visitor may transport registered raptors. He or she may need one or more additional permits to bring a raptor into the United States or to return home with it (see 50 CFR part 14 (importation, exportation, and transportation of wildlife), part 15 (Wild Bird Conservation Act), part 17 (endangered and threatened species), part 21 (migratory bird import and export permits), and part 23 (endangered species convention)).

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(C) Unless the visitor has the necessary permit(s) to bring a raptor into the United States and leave it here, he or she must take raptors brought into the country for falconry out of the country when he or she leaves. If a raptor brought into the United States dies or is lost while in this country, the visitor must document the loss before leaving the United States by reporting the loss to the State, tribal, or territorial agency that governs falconry where the bird was lost. (D) When flown free, any bird brought to this country temporarily must have two attached radio transmitters that will allow the falconer to locate it. (E )There also may be tribal or State restrictions on nonresidents practicing falconry or importing a raptor or raptors held for falconry.

(15) Taking falconry raptors to another country to use in falconry activities .


A permit issued under this section authorizes you to export and then import raptors you legally possess for falconry to another country to use in falconry without an additional migratory bird import/export permit issued under 21.21. (i) You must meet any requirements in 50 CFR 14 subpart B. (ii) You may need one or more additional permits to take a bird from the United States or to return home with it ( see 50 CFR part 15 (Wild Bird Conservation Act), part 17 (endangered and threatened species), and part 23 (endangered species convention)). (iii) Unless you have the necessary permit(s) to permanently export a raptor from the United States, you must bring any raptor you take out of the country for falconry back to the United States when you return. Each raptor must be covered by a CITES certificate of ownership issued under part 23 of this chapter. You must have full documentation of the lawful origin of each raptor (a copy of a propagation report with band number or a 3-186A report), and each must be identifiable with a seamless band or a permanent, nonreusable, numbered Fish and Wildlife Service leg band issued by the Service or an implanted microchip for identification. (iv) If the raptor dies or is lost, you are not required to bring it back but must report the loss immediately upon your return to the United States in the manner required by the falconry regulations of your State, and any conditions on your CITES certificate.

(16) Permission to capture, fly, or release a falconry bird at any location.


You do not need special or written permission for any of these activities on public lands if it is authorized. However, you must comply with all applicable Federal, State, tribal, or territorial laws regarding falconry activities, including hunting. Your falconry permit does not authorize you to capture or release raptors or practice falconry on public lands if it is prohibited on those lands, or on private property, without permission from the landowner or custodian.

(17) Practicing falconry in the vicinity of a Federally listed threatened or endangered animal species.
In practicing falconry you must ensure that your activities do not cause the take of Federally listed threatened or endangered wildlife. Take under the Endangered Species Act means to harass, pursue, hunt, shoot, wound, kill, trap, capture, or collect or attempt to engage in any such conduct (Endangered Species Act 3(18)). Within this definition, harass means any act that may injure wildlife by disrupting normal behavior, including breeding, feeding, or sheltering, and harm means an act that actually kills or injures wildlife (50 CFR 17.3). To obtain information about threatened or endangered species that may occur in your State or on tribal lands where you wish to practice falconry, contact your State, tribal, or territorial agency that regulates falconry. You can contact your State Fish and Wildlife Service office for information on Federally-listed species.

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(18) Trapping a bird for use in falconry in areas used by the northern aplomado falcon.
Capture of a northern aplomado falcon ( Falco femoralis septentrionalis ) is not authorized because it is a violation of the Endangered Species Act. To avoid trapping northern aplomado falcons, you must comply with the following conditions when trapping a bird for use in falconry in the following counties. If you trap in You may trap a bird for falconry in the following counties if you comply with the conditions below. (i) Arizona, Cochise, Graham, Pima, Pinal, or Santa Cruz. (ii) New Mexico, Doa Ana, Eddy, Grant, Hidalgo, Lea, Luna, Otero, Sierra, or Socorro. (iii) Texas, Aransas, Brewster, Brooks, Calhoun, Cameron, Culberson, Duval, Ector, El Paso, Hidalgo, Hudspeth, Jackson, Jeff Davis, Kenedy, Kinney, Kleberg, Matagorda, Maverick, Midland, Nueces, Pecos, Presidio, Reeves, Refugio, San Patricio, Starr, Terrell, Val Verde, Victoria, Webb, Willacy, or Zapata. (iv) If you are an Apprentice Falconer, you must be accompanied by a General or Master Falconer when trapping in one of these counties. (v) You may not begin trapping if you observe a northern aplomado falcon in the vicinity of your intended trapping effort. (vi) You must suspend trapping if a northern aplomado falcon arrives in the vicinity of your trapping effort.

(19) Prey item killed by a falconry bird without your intent, including an animal taken outside of a regular hunting season.
(i) You may allow your falconry bird to feed on the animal, but you may not take the animal into your possession. (ii) You must report take of any federally listed threatened or endangered species to our Ecological Services Field Office for the location in which the take occurred.

(20) Take of bird species for which a depredation order is in place.


With a falconry bird, you may take any species listed in parts 21.43, 44, 45, or 46 of this subchapter at any time in accordance with the conditions of the applicable depredation order, as long as you are not paid for doing so.

(21) Transfer of falconry raptors if a permittee dies.


A surviving spouse, executor, administrator, or other legal representative of a deceased falconry permittee may transfer any bird held by the permittee to another authorized permittee within 90 days of the death of the falconry permittee. After 90 days, disposition of a bird held under the permit is at the discretion of the authority that issued it.

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(g) Applying for a falconry permit.


If you apply for a falconry permit, you must include the following information plus any other information required by your State, tribe, or territory. (1) The completed application form from your State, tribal, or territorial agency that regulates falconry permits. (2) Proof that you have passed the falconry test administered by the State, tribe, or territory where you maintain your legal residence, or proof that you have previously held a falconry permit at the level you seek. (3) For an Apprentice permit, you must provide the following: (i) A letter from a General or Master Falconer stating that he or she has agreed to assist you in learning about the husbandry and training of raptors held for falconry and about relevant wildlife laws and regulations, and in deciding what species of raptor is appropriate for you to possess while an Apprentice. (ii) An original, signed certification that you are particularly familiar with 10.13 of this subchapter, the list of migratory bird species to which the Migratory Bird Treaty Act applies; part 13 of this subchapter, general permit regulations; part 21 of this subchapter, migratory bird permits; and part 22 of this subchapter, eagle permits. The certification can be incorporated into tribal and State application forms, and must be worded as follows: I certify that I have read and am familiar with the regulations in title 50, part 13, of the Code of Federal Regulations and the other applicable parts in subchapter B of chapter I of title 50, and that the information I have submitted is complete and accurate to the best of my knowledge and belief. I understand that any false statement herein may subject me to the criminal penalties of 18 U.S.C. 1001.

(4) For an Apprentice or General Falconry permit, a parent or legal guardian must co-sign your application if you are under 18. (5) For a General Falconer permit: (i) Information documenting your experience maintaining falconry raptors, including a summary of what species you held as an Apprentice Falconer and how long you possessed each bird, and (ii) A letter from a General Falconer or Master Falconer (preferably your sponsor) attesting that you have practiced falconry with raptor(s) at the Apprentice Falconer level for at least 2 years, including maintaining, training, flying, and hunting the raptor(s) for at least 4 months in each year. (6) For a Master Falconer permit, you must attest that you have practiced falconry at the General Falconer level for at least 5 years.

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(h) Updating a falconry permit after a move.


If you move to a new State or outside the jurisdiction of your tribe or territory and take falconry birds with you, within 30 days you must inform both your former State, tribe, or territory and the permitting authority for your new place of residence of your address change. To obtain a new falconry permit, you must follow the permit application procedures of the authority under which you wish to acquire a new permit. You may keep falconry birds you hold while you apply for a new falconry permit. However, the State, tribe, or territory into which you move may place restrictions on your possession of falconry birds until you meet the residency requirements there.

(i) Restoration of revoked permits.


Upon request of the person whose permit has been revoked, the State, tribe, or territory may restore the person's falconry permit at the end of the revocation period.

(j) Information collection requirements.


The information collection required for falconry applications and for falconry bird disposition on FWS Form 3-186A is approved by the Office of Management and Budget under control number 1018-0022. The information is necessary to determine take of raptors from the wild for falconry.

(k) Database required of States, tribes, and territories.


Each State, tribe, or territory that permits falconry must maintain information in a database. The information will enable enforcement of this section. (1) The State, tribal, or territorial database must be compatible with the database that we maintain. The State, tribal, or territorial database must contain the following information: (i) The current address of each person with a falconry permit. (ii) The classification of each person with a falconry permit - Apprentice Falconer, General Falconer, or Master Falconer. (iii) The address of the falconry facilities of each person with a falconry permit. (iv) The Federal falconry identifier number assigned via the 3-186A system to each person with a falconry permit. (v) Whether each permittee is authorized to possess eagles. (vi) Information on the status of each person's permit: whether it is active, suspended, or revoked. (2) Information on each permit granted, including changes in status from Apprentice Falconer to General Falconer or General Falconer to Master Falconer, and moves of falconers or their facilities must be entered into the State's, tribe's, or territory's database within 30 days of the granting of the permit or a falconer's change in status. New additions to the State, tribal, or territorial database must be forwarded to us monthly. [73 FR 59465, Oct. 8, 2008, as amended at 74 FR 64640, Dec. 8, 2009; 75 FR 931, Jan. 7, 2010; 75 FR 3395, Jan. 21, 2010; 75 FR 81141, Dec. 27, 2010; 76 FR 71912, Nov. 21, 2011]

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UTAH STATE REGULATIONS FOR FALCONRY


Last modified: Thursday, January 13, 2011

From Utah Department of Wildlife Resources Code


R657-20 Falconry
R657-20-1. Purpose and Authority.
(1) Under authority of Section 23-17-7 and in accordance with 50 CFR 21 and 22, which is incorporated by reference, the Wildlife Board has established this rule for the practice of falconry in the state of Utah. (2) Take of any raptor species for the practice of falconry must be in compliance with these regulations. (3) Raptor species possessed under the authority of this rule must be trained in the pursuit of wild game and used in hunting, unless specifically noted otherwise in special provisions granted under this rule. (4) A federal falconry permit is no longer required for practicing the sport of falconry in the state of Utah. (5) The Federal Migratory Bird Treaty Act prohibits any person from taking, possessing, purchasing, bartering, selling, or offering to purchase, barter, or sell, among other things, raptors listed in 10.13 of 50 CFR 21, unless the activities are allowed under provisions of this rule, or are permitted by other applicable state or Federal regulations. (a) This rule covers all avian species in the Order Falconiformes (i.e., vultures, kites, eagles, hawks, caracaras, and falcons) and all avian species in the Order Strigiformes such as owls and hybrids thereof, and applies to any person who possesses one or more wild-caught, captive-bred, or hybrid raptors to use in falconry. (b) The Bald and Golden Eagle Protection Act in 16 U.S.C. 668-668d and 54 Stat. 250) provides for the taking of golden eagles from the wild to use in falconry, and specifies that the only golden eagles that may be used for falconry are those that would be taken because of depredations on livestock or wildlife (16 U.S.C. 668a). (6) Specific season dates, possession limits, open and closed areas, number of permits or CORs, and other administrative regulations for practicing falconry are published in the Utah falconry Guidebook which is available by contacting the Division of Wildlife Resources office in Salt Lake City or online at http://wildlife.utah.gov. 40

(7) Possession of any raptor, raptor egg, shell fragment, semen, or any raptor part without a valid and applicable state COR or Federal permit is prima facie evidence that the raptor, raptor egg, shell fragment, semen, or any raptor part was illegally taken and is illegally held in possession. (8) Pursuant to Utah Code 23-19-9, the Division has the authority to suspend or revoke any or all of the privileges granted under this rule. (a) Upon request, a permittee whose COR has been suspended may reapply for a falconry COR, pursuant to the application procedures in this rule, at the end of the suspension period. (9) Nothing in this rule shall be construed to allow the intentional taking of protected wildlife in violation of federal or state laws, rules, regulations, or guidebooks.

R657-20-2. Definitions.

(1) Terms used in this rule are defined in Section 23-13-2 and R657-6-2. (2) In addition: (a) "Abatement activities" means use of trained raptors to flush, haze or take birds (or other wildlife where allowed) to mitigate depredation problems, including threats to human health and safety. (b) "Aerie" refers to the nest of any raptor. (2) A COR is not transferrable. (c) "Bate" refers to a hawk or falcon that attempts to fly while being tethered to the falconer's fist, a block or other form of perch, whether from wildness, or for exercise, or in an attempt to chase. (d) "Business Day" refers to any day the Division is open for business (e) "Captive-bred" refers to raptors, including eggs, hatched in captivity from parents that mated or otherwise transferred gametes in captivity. (f) "CFR" means the Code of Federal Regulations. (g) "COR" for purposes of this rule means a Certificate of Registration (permit) issued by the Division authorizing an individual to participate in the sport of falconry. (h) "Eyas" means a young raptor not yet capable of sustained flight such as a nestling or fledgling. (i) "Division" means the Utah Division of Wildlife Resources. (j) "falconry" means, for the purposes of this rule, caring for and training raptors for pursuit of wild game, and hunting wild game with raptors. falconry includes the taking of raptors from the wild to use in the sport of falconry; and caring for, training, and transporting raptors held for falconry. (k) "Fledged" means the stage in a young raptor's life when the feathers and wing muscles are sufficiently developed for flight. A young raptor that has recently fledged but is still dependent upon parental care and feeding is called a fledgling. (l) "Form 3-186A" means the Migratory Bird Acquisition and Disposition Report form. (m) "Hacking" means the temporary or permanent release of a raptor held for falconry to the wild so that it may survive on its own. (n) "Haggard" means a wild adult raptor.

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(o) "Humane treatment" for purposes of this rule means to maintain raptors in accordance with accepted standards for practicing falconry, including care and treatment of a raptor so that it is physically healthy and maintaining raptors under conditions that are known to prevent predictable illness or injury. (p) "Hybrid" means offspring of birds listed as two or more distinct species including but not limited to those listed in 10.13 of Subchapter B of 50 CFR 21, or offspring of birds recognized by ornithological authorities as two or more distinct species including but not limited to those listed in 10.13 of Subchapter B of 50 CFR 21. (q) "Imping" means to graft new or additional feathers to existing feather shafts on a raptor's wing(s) or tail to repair damage or to increase flying capacity. (r) "Imprint", for the purposes of falconry, means a bird that is hand-raised in isolation from the sight of other raptors from 2 weeks of age until it has fully feathered. An imprinted bird is considered to be so for its entire lifetime. (s) "Landowner" means any individual, family or corporation who owns property in Utah and whose name appears on the deed as the owner of eligible property or whose name appears as the purchaser on a contract for sale of eligible property, or who is a lessee of the property. (t) "Livestock depredation area" means a specific geographic location in which depredation on livestock by golden eagles has been recognized. (u) "Marker or band" means a numbered band issued by the Service which, when affixed to a raptor's leg, identifies an individual raptor. (v) "Meet" means, for purposes of this rule, an organized falconry event where protected wildlife may be taken and for which a 5 day non-resident meet hunting license is approved by the Wildlife Board. (w) "Mews" refers to indoor facilities where raptors are kept for falconry purposes. (x) "Migratory game bird" means, for the purposes of this rule, ducks, geese, swans, snipe, coot, Mourning Dove, White-winged Dove, Band-tailed Pigeon, and Sandhill Crane. (y) "Nest" refers to the structure or place where a raptor lays eggs and shelters its young. (z) "Passage raptor" means a first-year raptor capable of sustained flight that is no longer dependent upon parental care and/or feeding (aa) "Raptor" means any bird of the Order Falconiformes or the Order Strigiformes and hybrids thereof unless defined otherwise in this rule. (bb) "Reasonable time of day" for inspections, or other business, at a falconers facilities refers to hours the Division is open for business, or some other prearranged time between the falconer and the Division representative. (cc) "Service" means the U.S. Fish and Wildlife Service. (dd) "Take" means to: hunt, pursue, harass, catch, capture, possess, angle, seine, trap or kill any protected wildlife; or attempt any such action. (ee) "Transport" means to ship, carry, export, import, receive or deliver for shipment, conveyance, carriage, exportation or importation.

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(ff) "Trial" means, for purposes of this rule, an organized falconry event where European Starling (Sturnella neglecta), House Sparrow (Passer domesticus), Rock Dove/feral pigeon (Columba livia). pen-reared game birds, and lawfully possessed, domestic birds may be taken. (gg) "Upland game" means, for purposes of this rule, pheasant, quail, Chukar Partridge, Hungarian Partridge, Sage-grouse, Ruffed Grouse, Dusky ("Blue") Grouse, Sharp-tailed Grouse, cottontail rabbit, snowshoe hare, and White-tailed Ptarmigan. (hh) "Weathering Area" refers to a protected outdoor facility where raptors are kept for falconry purposes. (ii) "Wild" refers to an animal in its original natural state of existence; not domesticated nor cultivated. (jj) "Year" refers to a normal calendar year of January 1 to December 31, unless defined otherwise in this rule.

R657-20-3. Minimum Age Requirement.

(1) A person who wishes to practice the sport of falconry in Utah must be at least 14 years of age.

R657-20-4. Falconry COR, Permits, and Licenses.


(1) The division may deny issuing a COR or permit to any applicant, if: (a) the applicant has violated any provision of Title 23, Utah Wildlife Resources Code, Administrative Code R657, a certificate of registration, an order of the Wildlife Board or any other law that when considered with the functions and responsibilities of practicing the sport of falconry bears a reasonable relationship to the applicant's ability to safely and responsibly carry out such activities; (b) the applicant misrepresented or failed to disclose material information required in connection with the application; or (c) holding raptors at the proposed location violates federal, state, or local laws. (3) CORs do not provide the holder with any rights of succession. (4) Any COR issued to a business or organization shall be void upon the termination of the business or organization or upon bankruptcy or transfer. (5) A resident must possess a valid COR issued by the Division to take, possess, hunt with, or transport raptors for the purpose of practicing the sport of falconry in Utah. (a) A falconry COR requires up to a 30-business day processing time from the date an application is received. (b) A falconry COR is valid at the Apprentice Class level for a 3-year period from date of issuance. (c) A falconry COR is valid at the General and Master Class level for a 5-year period from date of issuance. (6) The falconer must have a falconry COR or a legible copy of it in their immediate possession when not at the location of their falconry facilities and is trapping, transporting, working with, or flying raptors in falconry.

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(7) A falconer must obtain a Raptor Capture Permit prior to capturing or attempting to capture any raptor from the wild in Utah. A valid falconry COR is required for a Utah resident in order to obtain a Raptor Capture Permit. (8) The falconry COR allows a resident falconer to use a raptor for unrestricted take of unprotected wildlife including coyote, field mouse, gopher, ground squirrel, jackrabbit, muskrat, raccoon, European Starling, House Sparrow, and rock dove or feral pigeon; no other license or permit is required other than the falconry COR for take of these species. (a) A non-resident falconer is required to have a current falconry license or permit from his/her state of residence and a valid federal falconry permit, if applicable. (9) With a falconry bird, a falconer may take any species for which a federal Depredation Order is in place under parts 21.43, 44, 45, or 46 of 50 CFR 21, at any time in accordance with the conditions of the applicable depredation order, as long as the falconer is not paid for doing so. (10) A falconer releasing a raptor for the purpose of hunting protected wildlife, not held in private ownership, must first obtain the appropriate licenses, permits, tags, CORs and stamps as provided in the applicable rules and guide books of the Wildlife Board. (a) The hunting of upland game shall be done in accordance with the rule and guide book of the Wildlife Board for taking upland game species. (b) The hunting of migratory game birds shall be done in accordance with the rule and guide book of the Wildlife Board for taking migratory game species. (c) A hunting license is not required to take pen-reared game birds with a trained raptor.

R657-20-5. Application for a Resident or Nonresident Falconry COR.


(1) Resident Applications (a) A resident applying for or renewing a falconry COR shall: (i) Submit a completed falconry application to the Division; and (ii) Include the appropriate COR fee (b) At the time of renewal, the current falconry COR number must be included on the falconry COR renewal application. (c) A falconer claiming residency in Utah may not claim residency in, or possess a resident falconry license or falconry permit from, another state. (2) Nonresident Applications (a) A six-month domicile period is required for a nonresident falconer entering Utah to establish residency. (b) A nonresident falconer entering Utah to establish residency may possess legally obtained raptors that were acquired prior to entering Utah during the six-month domicile period while establishing residency. 44

(i) If the raptors are to be flown or exercised during the six-month domicile period, the following permits must be in possession: (A) a valid falconry license from the previous state; and (B) a valid federal falconry permit when required under federal law. (ii) If the raptor(s) is to be used for falconry during the six-month domicile period, the falconer must purchase all applicable Utah non-resident hunting licenses and/or permits. (c) A copy of the previous state's valid falconry license indicating class designation, a current federal falconry permit number, if applicable, a valid health certificate, the number and species of raptors with the band number (if banded) of each raptor held in possession, and an import authorization number obtained from the Utah Department of Agriculture must be presented to the Division within 5 business days after entering Utah. (d) A non-resident falconer establishing residency must maintain proper facilities and equipment. (i) A facilities inspection is required and must be requested from the Division by the non-resident falconer no later than 120 days of establishing domicile in the state. (A) Requests may be made in writing or via email at falconry@utah.gov. (ii) A facilities inspection will be completed by the Division within 30 business days of the date the request for an inspection is received. (iii) A non-resident falconer establishing residency may temporarily house raptors prior to their initial facilities inspection (see Section R657-20-20). (e) At the conclusion of the six-month domicile period, a new resident applying for a falconry COR must submit the following to the Division: (i) A completed falconry application indicating class designation; (ii) A copy of a valid falconry license from the former state of residency indicating class designation; (iii) A valid federal falconry permit number, if applicable; (iv) Proof that the applicant has passed the falconry test administered by the state, tribe, or territory where legal residence was maintained, or proof that the applicant previously held a falconry permit at the class level being requested; or: (A) Correctly answer at least 80 percent of the questions on an examination administered by the Division. (B) If the applicant passes the examination, the Division will decide which level of falconry permit to be issued, consistent with the class requirements outlined in Sections R657-20-16, R657-20-17, and R657-20-18 of this rule; and (v) Submit the appropriate COR fee.

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(f) A non-resident falconer entering Utah to establish residency that holds raptors in possession and fails to apply for a falconry COR within 30 days of qualifying for residency will be in violation of the law for unlawful captivity of protected wildlife under Sections 23-13-4 and 23-20-3 and may be denied a falconry COR, and any raptors in their possession may be subject to seizure. (g) At the conclusion of the six-month domicile period outlined in Section R657-20-5, a falconer may apply for a resident Utah falconry COR.

R657-20-6. COR Renewal and Annual Report Forms.


(1) Resident falconers wishing to renew a valid falconry COR must submit a completed falconry COR renewal form to the Division upon or before the expiration date specified on the current falconry COR. (a) falconry COR Renewals require up to a 30-day processing time for completion. (2) All Resident falconers holding a valid falconry COR must submit a completed falconry Annual Report to the Division by January 31 of each year, as follows: (a) By December 31 of each year, the Division will provide each resident falconer with an annual summary report of their falconry activities that are on file. (b) Each resident falconer must verify the annual summary report for accuracy and return the report to the Division by the following January 31. (3) Residents who do not hold a valid falconry COR or do not submit a COR renewal form by the date their current COR lapses and who maintain raptors in possession are in violation of unlawful captivity of protected wildlife under Sections 23-13-4 and 23-20-3. (4) Failure to submit required records and timely, accurate, or valid reports may result in administrative action by the Division. (a). Administrative action that may be taken by the Division include: (i) Issuance of a probationary COR with restrictions on activities allowed; or (ii) Non-renewal of a COR until the required records and reports are completed. (5) A falconry COR is considered to be lapsed if the falconer has not applied for renewal within 30 calendar days of the expiration of their current COR. (a). Disposition of raptors held under a lapsed falconry COR is at the discretion of the Division. (b). Raptors held under a lapsed falconry COR are subject to seizure by the Division. (6) A falconer who has allowed their COR to lapse may apply for a new COR.

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(a) If a falconry COR has lapsed for fewer than 5 years, it will be reinstated at the level held previously if proof of certification at that level is provided and the applicant has appropriate facilities and equipment; and is otherwise qualified under R657-20-4(1). (b) If a falconry COR or Permit has lapsed for 5 years or longer, an applicant must correctly answer at least 80 percent of the questions on an examination administered by the Division as required in Section R657-20-16(1)(b)(ii). (i) If the applicant passes the examination, a falconry COR will be reinstated at the level previously held. (ii) The applicant's facilities and equipment must also pass inspection by a Division representative before possessing a raptor for falconry as required in Sections R657-20-8, R657-20-9, and R657-20-10. R657-20-7. Nonresident Participation in Meets or Trials. (1) A nonresident entering Utah to participate in the sport of falconry at an organized meet must be 14 years of age or older and must obtain a nonresident falconry meet license if hunting protected wildlife. (2) A falconry meet license may be obtained by completing an application and submitting the application and appropriate fees to the Division. (3) A falconry meet license is valid only for nonresidents and only for five (5) consecutive calendar days as designated on the license. (4) The holder of a nonresident falconry meet license may engage in the sport of falconry on protected wildlife during the specified five-day period in accordance with the applicable proclamations of the Wildlife Board. (5) A nonresident participating in an organized meet for more than five consecutive calendar days must obtain appropriate nonresident licenses, permits, tags, and stamps as provided in the proclamations of the Wildlife Board if protected wildlife is pursued. (6) A nonresident participating in an organized meet for more than five consecutive calendar days must provide a health certificate and an import authorization number obtained from the Utah Department of Agriculture, Animal Health Section, on each raptor brought into the state. (7) A falconry meet license is not required for participation in a falconry trial. (8) An organizer of a falconry meet must obtain prior approval from the Wildlife Board for non-residents to purchase a 5-day non-resident meet license. (a) A falconry meet or trial may not be held on state waterfowl and wildlife management areas from April 1 through August 15, except in those areas approved by the Division.

R657-20-8. Care and Facilities Requirements.

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(1) A person may not possess a raptor without first providing adequate facilities and equipment to humanely house and care for the raptor. (2) Care Requirements. (a) The Falconer is responsible for the maintenance and security of raptors held in his or her care. (b) All raptors held under a falconry COR must be kept in humane and healthy conditions. (i). The Division may impose additional requirements to insure the safe and humane handling and care of raptors when the birds are maintained in inhumane or unhealthy conditions. (3) To obtain a falconry COR, applicants must have either an indoor mews or an outdoor weathering area, or both. (a) The primary consideration for raptor housing facilities whether an indoor mews or outdoor weathering area is protection of the raptor from unauthorized human access and disturbance, the environment, predators (to include domestic as well as wild animals), inhumane treatment, and other undue disturbances. (4) Before a person may obtain a falconry COR, the raptor housing facilities and equipment shall be inspected by a Division representative. (i) Inspections must be conducted in the presence of the permittee. (ii) In the course of this inspection, the Division representative may collect a photograph of the facilities to keep on file with the falconer's other state records. (5) The Division should complete an inspection of falconry facilities within 30 business days of receiving a request for inspection. (a) Detailed photos and a description of facilities and equipment, including measurements of mews or weathering areas, shall constitute a temporary inspection for purposes of issuing COR's if the Division has not physically inspected within 30 business days. The COR may be revoked if the photos and descriptions of facilities and equipment do not match the facilities in place. Any significant changes to facilities require notification to the Division. (b). Requests for inspections may be made verbally or in writing or via email. (6) Facilities Requirements. (a) Facilities must be adequate to house the number of raptors in possession. (b) Only inspected and approved indoor mews and weathering areas may be used for housing raptors for falconry. (i). In conjunction with inspected and approved facilities, raptors may also be housed inside a place of residence as provided in Section R657-20-8(6)(d)(viii). (ii). A new facilities inspection may be required when a permittee increases the number of raptors in their possession. (c) The Utah falconry Program Coordinator must be notified within five (5) business days of a change in the location of an individual's falconry facilities.

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(d) The Mews. (i) The mews must have a suitable perch for each raptor, at least one opening for sunlight, and must provide for a healthy environment for each raptor inside. (ii) A mews must be large enough to allow easy access for the care and feeding of raptors kept inside. (iii). Untethered raptors may be housed together in the mews if they are compatible with each other. (iv). Each mews must be large enough to allow each raptor the opportunity to fly if it is untethered or, if tethered, to fully extend its wings or bate without damaging its feathers. (v).Each raptor shall have a pan of clean water available to it at all times while in a mews, unless weather conditions, perch type used, or some other factor makes it inadvisable to have water available next to the raptor. (vi). If raptors housed in an indoor mews that is not a place of residence are untethered, the mews must be fully enclosed with solid walls and ceiling or with bars or heavy duty netting or mesh spaced narrower than the width of the body of the smallest raptor housed in the mews. (vii). Acceptable indoor facilities may include shelf perch enclosures where raptors are tethered side by side. Other innovative housing systems are acceptable if they provide the enclosed raptors with protection and opportunity to maintain undamaged feathers. (viii). A place of residence used for housing falconry raptors indoors is considered a mews provided each raptor is tethered to a suitable perch. (A) A raptor may be untethered inside a place of residence when being handled. (B) If a raptor is housed inside a place of residence, there is no need to modify windows or other openings in the residence. (C) A raptor may be housed untethered inside a flight chamber constructed within a place of residence, provided the chamber has a source of light and is fully enclosed with solid walls and ceiling or with bars or heavy duty netting or mesh spaced narrower than the width of the body of the smallest raptor housed in the chamber. (e) Weathering Area (i) The weathering area must be totally enclosed, and can be made of heavy-gauge wire, heavy-duty plastic mesh, slats, pipe, wood, or other suitable material capable of preventing the raptor's escape and excluding predators and other animals capable of causing harm to the raptor.. (ii) The weathering area must be covered and have at least one covered perch to protect a raptor from predators and weather. (iii) Adequate perches must be provided within the weathering area to ensure the health, safety and protection of the raptor. (iv) Raptors must be tethered while inside the weathering area.

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(v) The weathering area must be large enough to insure that the raptor(s) cannot strike the enclosure when bating from the perch. (vi) Raptors may be perched next to a solid or fully opaque wall in the weathering area provided the proximity of the wall to the perch will not cause injury to the raptor or feather damage. (vii). Each raptor should have a pan of clean water available. (A) At the discretion of the permittee, this requirement is waived if weather conditions, the perch type used, or some other factor makes it inadvisable to have water available to the raptor. (viii). New types of housing facilities and/or husbandry practices may be used if they satisfy the requirements of this chapter and are approved by the Division. (ix). falconry raptors may be kept outside in the open at any location if they are under watch by an individual familiar with the handling of raptors. (f) Approved falconry facilities may be on property owned by another person, provided the falconer submits a signed and dated statement by the falconer and the property owner agreeing that the falconry facilities, equipment, and raptors may be inspected without advance notice by the Division at any reasonable time of day. (g) Any falconer who possesses a raptor and moves or changes the address of where the raptor is held must notify the Division in writing of the change of address within 5 business days. (i) An inspection of facilities may be required at the new location. (h) Raptors in transit must be provided with an adequate perch and protected from extreme temperatures, wind, and excessive disturbance to ensure the health, safety and protection of any raptor being transported. (i) A raptor may be housed in temporary facilities for no more than 120 consecutive calendar days, provided the temporary facilities has a suitable perch for the raptor and adequately protects it from predators, domestic animals, extreme temperatures, wind, and excessive disturbance.

R657-20-9. Equipment.
(1) Prior to the facilities inspection and issuance of a falconry COR, the applicant shall possess the following items for each raptor in possession or proposed for future capture: (a) At least one pair of Aylmeri jesses, or similar type, made from pliable, high quality leather or suitable synthetic material, or the materials and equipment to make them, or the material to be used when any raptor is flown free. (i). Traditional one-piece jesses may be used on raptors when not being flown. (b) At least one flexible, weather-resistant leash. (c) At least one swivel of acceptable falconry design.

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(d) At least one suitable container, two to six inches deep and wider than the length of the raptor, to hold drinking and bathing water for each raptor. (e) At least one perch of an acceptable design will be provided for use for each raptor. (f) A reliable scale or balance suitable for weighing the raptor held and graduated to increments of not more than onehalf ounce or less. (g) For small raptors, such as kestrels, merlins, and sharp-shinned hawks, the scale must weight in increments of at least 1 gram.

R657-20-10. Inspection of Raptors, Facilities, CORs, and Documents.


(1) A facilities inspection is required prior to initial issuance of a falconry COR and may be requested by the falconer in writing or by email at falconry@utah.gov. Once a request is received, a facilities inspection will be completed by the Division within 30 business days of the date the request is received. (2) As a condition to obtaining a falconry COR, the falconer agrees to reasonable administrative inspections of falconry raptors, facilities, equipment, CORs, and related documents. (3) Falconry raptors, facilities, equipment, and documents may be inspected by the Division only in the presence of the permittee at a reasonable time of day.

R657-20-11. Take of Wild Raptors.


(1) A licensed falconer may take from the wild any raptor species of the Order Falconiformes or Strigiformes only as provided in this rule (a) Haggard age raptors may not be taken from the wild for falconry. (b) Any raptors taken from the wild for falconry is a ''wild'' raptor for the balance of the raptor's life, regardless of the length of captivity or the raptor's transfer to another permittee or permit type. (c) A licensed falconer who wishes to take a raptor from the wild must meet all state and tribal requirements in this rule for capture of wild raptors for falconry. (d) A raptor taken from the wild for falconry must be reported by entering the required information in the electronic database at http://permits.fws.gov/186A or by submitting a paper form 3-186A, or FWS pdf i-381A via email, to the Division within 10 business days of the date of capture. (2) Resident Take of Wild Raptors (a) A Utah Resident may not take any raptor from the wild without first obtaining a COR and a Raptor Capture Permit from the Division.

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(b) A Raptor Capture Permit is valid for one raptor authorized for possession in accordance with the restrictions and limitations of this rule. (c) Raptor Capture Permits are non-transferable and non-assignable and can only be used by the person specified on the permit. However, another person can assist the permit holder pursuant to Section R657-20-21(2) and (3) as long as the permit holder is present. (d) Raptor Capture Permits are valid only for the season specified on the permit. (e) The Raptor Capture Permit and falconry COR (or legible copies thereof) must be in the possession of the permittee while pursuing, capturing or attempting to capture a raptor. (f) Raptors may not be taken at any time or in any manner that violates any State, federal, tribal, or local law. (g) While trapping, falconers shall not retain and transport more than one captured raptor per capture permit. (3) Taking of wild raptors is prohibited within the boundaries of all National Parks in Utah and on all Utah State Parks (4) A raptor may be taken from the wild by traps or nets that minimize the potential of physical injury and unnecessary stress to the raptor. (a) Examples of acceptable devices are the bal-chatri, dho-gazza, harness-type, phi trap, bow net traps, or other trapping devices that are humane and acceptable as commonly used in falconry trapping procedures. (b) Trapping devices must be constantly attended while in use. (5) No more than two 2 raptors may be taken from the wild each calendar year to use in falconry. (6) A raptor taken from the wild may be transferred to another permittee under the following conditions: (a) The captured raptor will count as one of the raptors allowed for take from the wild in the calendar year it was taken by the capturing falconer; (b) The transferred raptor will not count as a capture by the recipient. (c) The transferred raptor will always be considered a wild bird. (7) A permittee may not intentionally capture raptor species for falconry that their classification as a falconer does not allow them to possess. (a) If a permittee captures a raptor he or she is not allowed to possess, it must be released immediately. (8) A General or Master Class falconer may take no more than 1 raptor from the wild each year which belongs to a species listed as threatened or endangered under the federal Endangered Species Act if allowed under 50C CFR part 17, and if a federal endangered species permit is obtained before taking the bird. (9) A General or Master Class falconers may take eyas raptors from a nest or aerie only during the seasons specified for taking eyas raptors in Subsection (12). (a). At least one young must be left in any nest or aerie from which an eyas is taken. 52

(b) Removal of young is prohibited from a nest or aerie that contains only one eyas. (10) An Apprentice, General or Master Class falconer may take passage age raptors from the wild only during the seasons specified for taking passage age raptors in Subsection (12). (11) Periods for Allowable Take Of Raptors From the Wild (a) Eyas or passage age raptors of any allowable Strigiform species may be taken from March 1 through November 30. (b) Eyas or passage age raptors of any allowable Falconiform species except peregrine falcon (Falco peregrinus) and golden eagle (Aquila chrysaetos) may be taken January 1 through December 31. (i). Notwithstanding Subsection (12)(b): (A) Passage age raptors that fledged from the prior year may not be taken after March 1st; and (B) Passage age gyrfalcons (Falco rusticolus) may be taken at any time. (c) Licensed falconers may take any raptor from the wild that is authorized under this rule for take for their class level. (i). A wild caught raptor that is banded with a Federal Bird Banding Laboratory aluminum band may be taken, provided the Federal Bird Banding Laboratory is notified of the removal of the banded raptor from the wild;. (ii) The Federal Bird Banding Laboratory aluminum band may be removed if the raptor is to be retained, after notifying the Federal Bird Banding Laboratory. (iii). A peregrine falcon banded with a Federal Bird Banding Laboratory aluminum band may not be taken from the wild and retained. (iv). Capture of any raptor that is marked with a seamless metal band, a transmitter, or any other item identifying it as a falconry bird must be reported to the Division no more than 5 business days after the capture. (v). Capture of any raptor that is marked with any other band, research marking, or attached research transmitter attached to it must be promptly reported to the Federal Bird Banding Laboratory at 1-800-327-2263. (d) A falconry raptor that has been lost may be recaptured at any time without the need to purchase a Raptor Capture Permit. (i). Recapture of a lost or escaped "wild" raptor is not considered to be the taking of a raptor from the wild. (e) A raptor wearing falconry equipment or a lost or escaped captive-bred raptor may be recaptured at any time by any other permitted falconer - even if the permittee performing the recapture is not allowed to possess the species. (i). A recaptured raptor will not count against a permitted falconer's possession limit, nor will its recapture from the wild count against the permitted falconer's replacement limit. (ii). Recapture of falconry raptors must be reported to the Division no more than 5 business days from the date of recapture.

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(iii). A recaptured falconry raptor must be returned to the permittee who lost it if that individual may legally take possession. (A). Disposition of a recaptured falconry raptor where the permittee's legal authority to possess the bird is in question will be determined by the Division. (B). A recaptured falconry raptor temporarily held for return to the permittee who lost it will not count against the possession or replacement limit on take of raptors from the wild if the individual temporarily holding the raptor has reported the recapture to the Division. (13) Special provisions for take of peregrine falcons. (a) Only General and Master Class falconers only may take eyas or passage age peregrine falcons in accordance with Sections R657-20-11 and R657-20-12 and as provided in this rule. (i). Application procedures for taking eyas or passage Peregrine Falcons are provided in Section R657-20-12 and R657-20-13. (ii). The peregrine falcon take season begins annually on May 1st and ends on August 31st. (iii). The number of permits issued to take peregrine falcons will be set by the Division annually. (A). One non-resident take permit will be issued annually. If that permit is not applied for, it will be made available to resident falconers. (B). Any remaining permits that are not applied for will be made available to resident and nonresident falconers on a first-come first-served basis. (iv). Issued permits will allow take of one eyas or passage age Peregrine Falcon. (b). An eyas peregrine falcon may not be removed from its aerie prior to 10 days of age. (c). Aeries of peregrine falcon may not be entered when young are 28 days or more of age. (d) The areas open for taking eyas and passage age peregrine falcons will be designated annually by the Falconry Program Coordinator. (e) A peregrine falcon that is marked with a research band such as a colored band with alphanumeric codes or some other research marking attached must be immediately released. (i) Research band numbers and location and date of capture must be reported to the Division and the Federal Bird Banding Laboratory (1-800-327-2263) within 5 business days of the date of capture. (14) Special provisions for take of golden eagles (a) A Master Class falconer with a COR to take golden eagles may take no more than three from the wild, subject to the requirements in federal statute 50 CFR 21 and Section R657-20-18(2)(c)(i).

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(i). A Master Class Falconer that is authorized to take golden eagles may take no more than two golden eagles from the wild in any calendar year and only in a livestock depredation area during the time the depredation area declaration is in effect. (A). The establishment, boundaries, and duration of a livestock depredation area in Utah are declared by U.S.D.A. Wildlife Services and the U. S. Fish and Wildlife Service in Lakewood, CO. (ii). A Master Class falconer authorized to take golden eagles for use in falconry may capture an immature or subadult golden eagle only in a livestock depredation area during the time the depredation area is in effect in Utah. (A). A Master Class Falconer may capture a nesting adult golden eagle, or take an eyas from its nest, in a livestock depredation area if a biologist representing the agency responsible for declaring the depredation area has determined that the parent adult eagle is preying on livestock. (B). A government employee who has trapped a golden eagle under Federal, State, or tribal permit may transfer the eagle to a Master Class falconer that is authorized to possess golden eagles if the eagle cannot be released in an appropriate location. (iii). A Master Class Falconer authorized to take a golden eagle for falconry must contact USDA, Wildlife Services or the U. S. Fish and Wildlife Service in Lakewood, CO to determine the establishment and location of a livestock depredation area in Utah (A). The Division does not provide livestock depredation area information. (B). The Master Class falconer must have permission from the private landowner to capture a golden eagle on private lands; (15) Acquiring a bird for falconry from a permitted rehabilitator. (a) A licensed falconer may acquire directly from a rehabilitator a raptor of any age or species that the falconer is permitted to possess. (i). A raptor acquired for falconry from a rehabilitator must be reported by entering the required information in the electronic database at http://permits.fws.gov/186A or by submitting a paper form 3-186A, or FWS pdf i-381A via email, to the Division within 10 business days of the transaction. (ii). A wild raptor acquired for falconry from a rehabilitator will count as one of the raptors the falconer is allowed to take from the wild that calendar year.

R657-20-12. Nonresident Take of Wild Raptors.


(1) A Nonresident may not take any raptor from the wild without first obtaining a Nonresident Raptor Capture Permit from the Division. (b) Nonresident falconers are not required to purchase a Utah falconry COR in order to purchase a Nonresident Raptor Capture Permit.

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(c) Nonresidents must show proof of a valid federal falconry permit or falconry license issued by their state of residency to purchase a Nonresident Raptor Capture Permit. (d) Nonresident take of raptors is subject to all other applicable regulations set forth in this rule.

R657-20-13. Application Procedures and Drawings for Capture of Peregrine Falcons, Sensitive Raptors, and Raptors Available to Nonresident Falconers.
(1) Applications for Raptor Capture Permits must be made for: (a) Peregrine falcons; (b) Sensitive raptor species for which take is limited by the falconry Program Coordinator pursuant to Section R657-20-11, and (c) Raptors designated for non-resident take. (2) If necessary, a drawing will be held for those species that have more applicants than available permits. (3) An individual may only draw once every 2 years for a Raptor Capture Permit to take peregrine falcons, sensitive raptor species, and nonresident legal raptors. (a). In the event that unclaimed permits remain after a drawing, then the 2 year restriction is waived. (4) If the number of applications received exceeds the number of available permits, then the Division will conduct a drawing to determine which applicants receive a permit. (a). Any remaining permits that are not applied for will be made available to resident and nonresident falconers of the appropriate class on a first-come first-served basis.. (5) Application forms for Raptor Capture Permits are provided by the Division. (6) An applicant for a Raptor Capture Permit must submit a complete and accurate application to include the following: (a) A copy of the applicant's valid Utah falconry COR, or valid license from their state of residency indicating the falconry class designation; (b) A copy of the applicant's valid federal permit, when required by federal law; and (c) A non-refundable application fee. (7) Applications for taking raptors must be received by the Division through the mail, or by email, no later than close of business on the last business day of March each year.

R657-20-14. Importation Requirements for Residents and Nonresidents.


(1) A person is not required to obtain a special COR from the Division to import a raptor brought into Utah from another state when the raptor is imported and used for falconry purposes. 56

(a) Importation of a raptor used for any purposes other than falconry is governed by Rule R657-3. (b) A raptor imported into Utah is required to have: (i) a certificate of veterinary inspection from the state, tribe, or territory of origin; and (ii) an import authorization number issued through the Utah Department of Agriculture, Animal Health Office. (2) Any raptor brought into the state on a permanent basis must be reported by entering the required information in the electronic database at http://permits.fws.gov/186A or by submitting a paper form 3-186A, or FWS pdf i-381A via email, to the Division within 10 business days of importation. (3) A raptor imported into the state for falconry or any other purpose have an import permit and certificate of veterinary inspection issued by the Utah Department of Agriculture and Food pursuant to R58-1-4.

R657-20-15. Flying a Hybrid Raptor in Falconry.


(1) When flown free, a hybrid raptor must have at least two attached radio transmitters for tracking.

R657-20-16. Apprentice Class Falconer and Sponsors


(1) Apprentice class falconer requirements (a) Applicants for an Apprentice Class falconry COR must be at least 14 years of age; (i) Applicants for an Apprentice Class falconry COR who are under 18 years of age must have a parent or legal guardian sign their application; (ii) The parents or legal guardian of a minor Apprentice Class falconer are legally responsible for the activities of their child. (b) Applicants for an Apprentice Class falconry COR must correctly answer at least 80 percent of the questions on an examination administered by a Division representative. (i) An individual may not take the falconry exam earlier than two months prior to their 14th birthday. (ii) The examination questions will cover basic care and handling of falconry raptors, state and Federal laws and regulations relevant to falconry, raptor biology, diseases and health issues, raptor identification, trapping and training methods, and other appropriate subject matter. (iii) An individual may contact any Division office for information about taking the examination. (iv) Falconry examinations are administered at any Division office by appointment only during business hours. (v) An individual that fails to correctly answer at least 80 percent of the questions on the exam may retake the exam after a minimum 14-day period.

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(c) An applicant's facilities and equipment must pass inspection by the Division under R657-20-8, R657-20-9, and R657-20-10 before a falconry COR can be issued. (2)(a) Applicants for an Apprentice Class falconry COR must have a sponsor to mentor and assist the Apprentice Class falconer, as necessary, in: (i) Husbandry and training of raptors held for falconry; (ii) Relevant wildlife laws and regulations, and (iii) Determining what species of raptor is appropriate for the Apprentice to possess. (b) The person applying for an Apprentice Class falconry COR must provide the Division with a letter from their chosen sponsor stating that sponsor's willingness to serve as a sponsor for the Apprentice Class falconer. (c) A sponsor must be: (i). a Master Class Falconer who holds a valid Utah falconry COR or tribal falconry permit; (ii) a General Class Falconer who is at least 18 years of age, has no less than 2 years experience at the General Class falconer level, and who holds a valid Utah falconry COR or tribal falconry permit (d) Unless approved by the Division in writing, the sponsor cannot reside (i) greater than a 100 mile distance from the Apprentice; or (ii) outside of Utah. (e) In the event sponsorship is terminated, the holder of an Apprentice Class falconry COR must obtain a new sponsor within 30 calendar days of termination. (i) Apprentice Class falconers that change sponsors must notify the Division in writing and provide a letter from the new sponsor showing compliance with the requirements in R657-20-16(2)(a) through (d). (3) Possession of Raptors at the Apprentice Class (a) An Apprentice Class falconer may take or possess any wild-caught passage age raptor or captive-bred raptor species of the Order Falconiformes or Strigiformes for falconry, with the following exceptions: (i). An Apprentice Class falconer may not take or possess wild caught, captive-bred, or hybrid eagles, or federally listed threatened or endangered species, or Utah state Sensitive Species, or any species listed as a national Species of Conservation Concern in the most recent list of ''Birds of Conservation Concern'' from the federal Division of Migratory Bird Management to include wild, captive-bred, or hybrid individuals of any restricted species, with the following exceptions: (1) Notwithstanding Subsection (3)(a)(i), an Apprentice Class falconer may take or possess raptors specified in the falconry guide book

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(2) An Apprentice Class falconer may possess a hybrid raptor provided that the hybrid raptor is not the result of a cross involving any species listed in 10.13 of 50 CFR 21 (Federal Migratory Bird Treaty Act). (b) An Apprentice Class falconer may not take or possess a raptor taken from the wild as an eyas. (c) An Apprentice Class falconer may possess no more than one (1) wild-caught passage age raptor or captive-bred raptor for use in falconry regardless of the number of state, tribal, or territorial falconry CORs or permits that the Apprentice has been issued. (d) Another falconry permittee may capture a wild raptor and transfer the raptor to an Apprentice Class falconer as provided in R657-20-11(6) and R657-20-21. (e) An Apprentice Class falconer may not possess an imprint raptor.

R657-20-17. General Class Falconer.


(1) General Class falconer requirements (a) Applicants for a General Class falconry COR must be at least 16 years of age; (i). Applicants for a General Class falconry COR who are under 18 years of age must have a parent or legal guardian sign their application; (ii) The parents or legal guardian of a minor General Class falconer are legally responsible for the activities of their child. (b) New General Class applicants must submit a request for class upgrade to the Division in writing or via email, and include a document from their General Class or Master Class sponsor stating that the General Class applicant has practiced falconry at the Apprentice Class Falconer level or equivalent for at least 2 years including maintaining, training, flying, and hunting raptors for at least 4 months in each separate 12-consecutive month period. (i) For purposes of this Subsection, 2 years means two separate 12-consecutive month periods (ii) A General Class applicant may not substitute any falconry school program or education to shorten the minimum period of 2 years at the Apprentice level. (iii) Evidence that a General Class applicant has had a valid General Class level falconry license or permit in another state for at least 2 years may be substituted for the Apprentice Class falconry COR requirement. (2) Possession of raptors at the General Class (a) A General Class falconer may take or possess any eyas or passage age wild-caught raptor, captive-bred, or hybrid raptor species of the Order Falconiformes or Strigiformes except eagles. (b) A General Class falconer may possess no more than 3 wild-caught eyas or passage age raptors, captive-bred raptors, or hybrid raptors, or any combination thereof, for use in falconry regardless of the number of state, tribal, or territorial falconry CORs or permits that the General Class falconer has been issued. 59

R657-20-18. Master Class Falconer.


(1) Master Class falconer requirements (a) Applicants for a Master Class falconry COR must have 5 years of experience practicing falconry with raptor(s) held under their own state, tribal, or territorial falconry COR or permits at the General Class Falconer level. (i) For the purposes of this Subsection, "5 years of experience" means maintaining, training, flying, and hunting the raptor(s) for at least 4 months in each of five (5) separate 12-month periods. (ii) Evidence that the applicant has had a valid General Class level falconry license or permit in another state for at least 5 years may be substituted for the General Class falconry COR requirement. (iii) If an applicant has held falconry raptor(s) on an extended temporary basis, that experience may qualify for purposes of these requirements. (2) Possession of Raptors at the Master Class (a) A Master Class falconer may take or possess any wild-caught eyas or passage age, captive-bred raptor, or hybrid raptor species of the Order Falconiformes or Strigiformes except a bald eagle (Haliaeetus leucocephalus). (i) A Master Class falconer may take and possess a golden eagle only if the qualifications set forth parting Subsection (2) (c) below are met. (b) A Master Class falconer may possess no more than 5 wild-caught eyas or passage age raptors for use in falconry, including golden eagles, regardless of the number of state, tribal, or territorial falconry CORs or permits that the Master Class falconer has been issued. (i) A Master Class falconer may possess any number of captive-bred raptors, but they must be trained in the pursuit of wild game and used for hunting.. (c) A Master Class falconer must obtain an authorization from the Division to possess an eagle for use in falconry; (i). Approval for a Master Class falconer to take or possess an eagle for use in falconry shall not be granted unless the following documentation is provided: (A). A written statement documenting the experience of the Master Class falconer in handling large raptors, including information about the species handled and the type and duration of activities in which the experience was obtained. (B). At least two letters of reference from individuals with experience in handling or flying large raptors such as eagles, ferruginous hawks (Buteo regalis), Northern goshawks, or great horned owls (Bubo virginianus). (I). Each reference letter must contain a concise history of the author's experience with large raptors, which can include but is not limited to, handling of raptors held by zoos, rehabilitating large raptors, or scientific studies involving large raptors. (II). Each reference letter must also assess the Master Class Falconer's ability to care for eagles and fly them in falconry.

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(ii) A Master Class falconer that satisfies the requirements of this rule may be authorized to take or possess no more than 3 eagles as part of the 5-wild bird maximum limitation for the Master Class level.

R657-20-19. Unintentional Kill of a Prey Item by a Falconry Raptor.


(1) A falconry raptor may be allowed to feed on a prey animal taken unintentionally, provided the prey animal is not taken into the falconer's possession. (2) Unintentional take of any federally listed threatened or endangered species must be reported to the Division and the U. S. Fish and Wildlife Ecological Services Field Office in Salt Lake City within 5 business days of the take event. (3) Unintentional take of any state Sensitive Species must be reported to the Division within 5 business days of the take event.

R657-20-20. Temporary Care of Falconry Raptors.


(1) Short-term handling of a raptor by a person other than the permitted falconer, such as allowing a person to handle or practice flying a permittee's raptor is not considered temporary possession for the purposes of this rule, provided the permittee is present and supervising the individual that is handling the raptor. (2) Temporary care of raptors by another falconry permittee (a) Another falconry permittee may care for a falconer's raptors for up to 120 consecutive calendar days. (b) The temporary care permittee must have a signed and dated statement from the falconer authorizing the temporary possession, in addition to a copy of the FWS Form 3-186A for that raptor. (i). The signed and dated statement must identify the time period for which the temporary permittee will keep the raptors and what activities are allowed to be carried out with the raptors. (ii). Falconry raptors in temporary care will remain on the original falconer's COR and will not be counted against the possession limit of the person providing the temporary care for the raptors. (iii). If the permittee providing temporary care for the raptors holds the appropriate level falconry permit, then the temporary permittee may fly the raptors in whatever way authorized by the falconer, including hunting. (iv) Temporary care of raptors may be extended by the Division indefinitely in extenuating circumstances such as, illness, military duty, and family emergency. The Division will consider extenuating circumstances on a case-by-case basis. (3) Temporary care of raptors by a non-falconer. (a) A non-falconer may care for a falconer's raptors for up to 45 consecutive calendar days. (i). The raptors will remain on the original falconer's COR. (ii). The raptors must remain at the original falconer's facilities.

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(iii). Temporary care of raptors by non-falconers may be extended by the Division indefinitely in extenuating circumstances such as illness, military duty, or family emergency. The Division will consider extenuating circumstances on a case-by-case basis. (iv). A non-falconers caring for a falconer's raptors may not fly them for any reason. (4) Transfer of falconry raptors when a permittee dies. (a) A surviving spouse, executor, administrator, or other legal representative of a deceased falconry permittee may transfer any raptor(s) held by the deceased permittee to another authorized permittee within 90 calendar days of the death of the original falconry permittee. (b) After 90 calendar days from the death of the falconry permittee, disposition of raptors held under the permit is at the discretion of the Division.

R657-20-21. Reporting Requirements for Acquisition of Raptors


(1) Take of any raptor from the wild must be reported to the Division by either entering the required information in the electronic database at http://permits.fws.gov/186A or by submitting a paper form 3-186A, or FWS pdf i-381A via email to falconry@utah.gov, no later than 10 business days after capture of the raptor. (2) A permittee may receive assistance from another individual in capturing a raptor, but the permittee must be present at the capture site (a). Regardless of the assistance of another person in capturing a raptor: (i) The permittee is always considered to be the individual who removes the bird from the wild; and (ii). the permittee is legally responsible for complying with the reporting requirements for capturing a raptor from the wild, as provided in Subsection (1). (3) A permittee with a long-term or permanent physical impairment that prevents their attendance at the capture of a raptor for use in falconry, or is otherwise unable to be present at the immediate location where the raptor is taken from the wild, may contact a General or Master Class falconer only to capture a raptor on their behalf. (a) The impaired permittee is legally responsible for complying with the reporting requirements for capturing a raptor from the wild, as provided in Subsection (1).. (b) The raptor will count against the take of wild raptors that the impaired permittee is allowed in any year. (c) The raptor will not count as one of the two replacement raptors the General or Master Class falconer who offers assistance is allowed to capture in any year. (d) The raptor will not count as being taken from the wild by the permittee acting on behalf of the impaired permittee. (4) Individuals authorized to do so may sell, purchase, or barter, or offer to sell, purchase, or barter captive-bred raptors marked with seamless bands to other permittees who are legally authorized to possess the raptor.

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(a) Any transfer or exchange for a raptor must be reported to the Division within 10 business days either by entering the required information in the electronic database at http:// permits.fws.gov/186A or by submitting a paper form 3-186A or FWS pdf i-381A via email to falconry@utah.gov. (b) A permittee may not purchase, sell, trade, or barter a wild raptor. (i). A permittee may transfer a raptor to another permittee who is legally authorized to possess the raptor, provided there is no pecuniary consideration for the transfer. (c) The number of wild caught or captive-bred raptors transferred to a permittee may not exceed the established possession limit for each permit class. (5) Anytime a permittee acquires, transfers, rebands, or microchips a raptor; or a raptor in their possession is stolen; or is lost to the wild and is not recovered within 30 days; or dies; the occurrence must be reported to the Division within 10 days by entering the required information in the electronic database at http://permits.fws.gov/186A or by submitting a paper form 3-186A to the Division or FWS pdf i-381A via email to falconry@utah.gov. (6) A permittee must retain copies of all electronic database submissions documenting take, transfer, loss, rebanding or micro chipping or any other transaction for each falconry raptor for up to 5 years after the given transaction or event has taken place. (7) Date of capture, sex of the raptor, and location of the capture must be recorded on the Raptor Capture Permit for all species. (a) Nest locations are held for use by the Division's sensitive species biologists and will not be made available to the public. (8) On an annual basis, the falconry Program Coordinator shall determine the number of capture permits issued for the taking of eyas raptors listed on the most recent edition of the Utah sensitive species list. (a) Notice of any limitations on the number of eyas capture permits available for sensitive raptors shall be available by February 1 of each year. (b) Application procedures for taking sensitive raptor species are provided in Section R657-20-11.

R657-20-22. Banding or Tagging Raptors Used in Falconry


(1) A falconer who has captured or acquired a wild northern goshawk, wild Harris's hawk (Parabuteo unicinctus), wild peregrine falcon, or wild gyrfalcon must band the raptor with a permanent, nonreusable, numbered U. S. Fish and Wildlife Service leg band. (a) A falconer must contact the Division for information on obtaining and disposing of bands. (b) In addition to banding the raptor, a falconer may also purchase and implant an ISO (International Organization for Standardization)-compliant (1234.2 kHz) implantable microchip.

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(2) Take or acquisition of any wild raptor must be reported to the Division by either entering the required information including, when required, the band number or microchip information in the electronic database at http:// permits.fws.gov/186A, or by submitting a paper form 3-186A or FWS pdf i-381A via email no later than 10 business days after capture or acquisition of the raptor. (3) Raptors bred in captivity must be banded with a U. S. Fish and Wildlife Service seamless metal band described in 50 CFR 21 21.30, or plastic, numbered U. S. Fish and Wildlife Service yellow band. (a) Unbanded raptors, or black, or yellow banded raptors may not be sold, traded or bartered in any way. (b) In addition to banding the raptor, a falconer may also purchase and implant an ISO (International Organization for Standardization)-compliant (1234.2 kHz) implantable microchip. (c) Removal or loss of a seamless band must be reported to the Division within 10 business days of the event and a replacement non-reusable band attached to the raptor. (d) New and replacement band or microchip information must be reported to the Division by either entering the required information including the band number and microchip information in the electronic database at http:// permits.fws.gov/186A or by submitting a paper form 3-186A, or FWS pdf i-381A via email, no later than 10 business days after banding the raptor. (4) In the event a non-reusable band is removed or lost from a banded raptor, the removal or loss of the band must be reported to the Division within 5 business days and a replacement band requested. (a) Immediately upon rebanding the raptor, the required information must be submitted at http://permits.fws.gov/186A or by submitting a paper form 3-186A, or FWS pdf i-381A via email, to the Division. (5) A band may not be altered, defaced, or counterfeited. (6) Exemptions for banding of raptors will be considered on a case-by-case basis, as follows: (a) Documented health or injury problems for a raptor that are caused by the band (b) A copy of the exemption paperwork must be kept by the permittee when transporting or flying the raptor. (c) If the raptor is a wild northern goshawk, wild Harris's hawk, wild peregrine falcon, or wild gyrfalcon, the band must be replaced with an ISO-compliant microchip. (i). Substituting a microchip for a band on a wild goshawk, wild Harris's hawk, wild peregrine falcon, or wild gyrfalcon will not be authorized unless it has been demonstrated that a band causes an injury or a health problem for the raptor. (7) A raptor removed from the wild may not be banded with a with a U. S. Fish and Wildlife Service seamless metal band or plastic, numbered U. S. Fish and Wildlife Service yellow band.

R657-20-23. Raptors Injured Due to Falconer Trapping Efforts.

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(1) Falconers that injure a raptor during trapping efforts are responsible for the costs of care and rehabilitation of the injured raptor. (a) An injured raptor retained by the permittee must be placed on the permittee's falconry permit. (b). Take of the injured raptor from the wild must be reported to the Division by either entering the required information in the electronic database at http://permits.fws.gov/186A or by submitting a paper form 3-186A, or FWS pdf i-381A via email, no later than 10 business days after capture of the raptor. (i). The injured raptor must be treated by a veterinarian or a permitted wildlife rehabilitator. (ii). The injured raptor will count against the permittee's possession limit. (b) An injured raptor must be immediately transported to a veterinarian, a permitted wildlife rehabilitator, or an appropriate wildlife agency employee. (i) the injured raptor will not count against the permittee's allowed take or the permittee's possession limit.

R657-20-24. Releasing a Falconry Raptor to the Wild.


(1) A raptor that is non-native to the State of Utah or that is a hybrid of any kind, may not be permanently released into the wild. (a) A raptor that is non-native to the State of Utah or that is a hybrid of any kind, may be transferred to another falconry permittee authorized for possession. (2) A raptor that is native to the State of Utah and captive-bred may not be permanently released into the wild without prior authorization from the Division. (a) Once authorization for release of a captive-bred native raptor is received, the raptor must be hacked (allow it to adjust) to the wild at an appropriate time of year and at an appropriate location as determined by the falconer. (b) The falconry or captive-bred band must be removed and release of the bird reported to the Division by entering the required information in the electronic database at http://permits.fws.gov/186A or by submitting a paper form 3-186A or FWS pdf i-381A via email. (3) If the species to be released is native to the State of Utah and was taken from the wild, the raptor may be released only at an appropriate time of year and at an appropriate location as determined by the falconer. (a) If the raptor is banded, the band must be removed and release of the bird reported to the Division by entering the required information in the electronic database at http://permits.fws.gov/186A or by submitting a paper form 3-186A or FWS pdf i-381A via email.

R657-20-25. Hacking of Falconry Raptors and other Training Techniques.


(1) A General or Master Class Falconer only may hack a falconry raptor or raptors.

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(2) Raptors at hack count against possession limits and must be a species authorized for possession. (3) Hybrid raptors at hack must have two attached and functioning radio transmitters. (4) Raptors are not to be released at hack near the nesting area of a federally threatened or endangered bird species or in any other location where the raptor is likely to harm a federally listed threatened or endangered animal species that might be disturbed or taken by the raptor at hack. (a) The Division must be notified prior to hacking a falconry raptor. (b) Information on federally-listed species can be obtained from the U. S. Fish and Wildlife Service. (5) Use of other falconry training or conditioning techniques. (a) Other acceptable falconry practices may be used, such as the use of tethered flying, lures, balloons, or kites in training or conditioning raptors for falconry. (b) Falconry raptors may be flown at pen-raised animals or at bird species not protected under this rule or the Migratory Bird Treaty Act.

R657-20-26. Use of Pen-Reared Game Birds for Meets, Trials and Training.
(1) Any falconer using pen-reared game birds for meets, trials or training must have an invoice or bill of sale or a copy thereof in their possession showing lawful personal possession or ownership of such birds. (2) Pen-reared game birds may be held in possession no longer than 60 calendar days unless the person possessing the pen-reared game birds first obtains a private aviculture COR as provided in Rule R657-4. (3) Each pen-reared game bird must be marked with an aluminum leg band or other permanent marking before being released except as provided in Subsection (c). (a) Aluminum leg bands may be purchased at any Division office. (b) The aluminum leg band or other permanent marking must remain attached to the pen-reared game bird. (c) Each pen-reared game bird used on a commercial hunting area may be released without marking. (4) Pen-reared game birds used for a meet may be released only on the property specified and only during the dates approved for the falconry meet. (5) Released pen-reared game birds may be taken using falconry raptors, as follows: (a) By the individual who released the pen-reared game birds, or by any individual participating in the meet; and (b) Only during the approved dates of the meet. (6) Once released, any pen-reared game birds that leave the property where the meet is held or are not retrieved at the conclusion of the meet become the property of the State of Utah and may not be recaptured or taken, except as prescribed in the Upland Game or Waterfowl proclamations of the Wildlife Board. 66

(7) Pen-reared game birds used for training raptors, or for a trial that escape or are not recovered on the day of the training, or pen-reared game birds that escape, become property of the State of Utah and may not be recaptured or taken, except as prescribed in the Upland Game and Waterfowl proclamations of the Wildlife Board and elsewhere in this rule.

R657-20-27. Practicing Falconry in the Vicinity of a Federally Listed Threatened or Endangered Animal Species.
(1) Individuals practicing falconry must ensure that such activities do not result in the take of federally listed threatened or endangered wildlife. (2) Under the federal Endangered Species Act: (a) ''Take'' means ''to harass, pursue, hunt, shoot, wound, kill, trap, capture, or collect or attempt to engage in any such conduct''. (b) ''Harass'' means any act that may injure wildlife by disrupting normal behavior, including breeding, feeding, or sheltering; and (c) "Harm'' means an act that actually kills or injures wildlife (3) Information about threatened or endangered species that may occur in Utah is available by contacting the U. S. Fish and Wildlife Service or the Division.

R657-20-28. Permission to Conduct Falconry Activities on Public or Private lands.


(1) A falconer must comply with all applicable Federal, State, local, or tribal laws regarding falconry activities, including hunting, on private, public, and tribal lands. (a) All falconry activities shall be conducted consistent with the trespass requirements in Section 23-20-14. (b) A person may not engage in any falconry activity on Tribal trust lands without authorization from the affected Indian tribe. (2) Raptor training is not allowed on state waterfowl and wildlife management areas without authorization. (3) Practicing the sport of falconry without permission is prohibited on all National Parks in Utah (4) Practicing the sport of falconry without permission is prohibited on all Utah state Parks.

R657-20-29. Use of Feathers and Carcasses.


(1) Feathers that a falconry bird or birds molt may be used for imping.

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(a) Flight feathers for each species of raptor currently in possession or previously held may be kept for imping for as long as needed by a falconer with a valid falconry COR. (i). Feathers for imping purposes may be received from or provided to other licensed falconers, wildlife rehabilitators, or propagators in the United states. (ii). Licensed falconers may not buy, sell, or barter molted raptor feathers. (b) Molted feathers from a falconry bird, except golden eagle feathers, may be donated to any person or institution with a valid permit for possession. (c) Except for primary or secondary flight feathers or rectrices from a golden eagle, a falconer is not required to gather feathers that are molted or otherwise lost by a falconry bird held under a valid COR. (i). Molted feathers may be left where they fall, stored for imping, or destroyed. (ii). A licensed falconer possessing a golden eagle must collect any molted flight feathers and rectrices. (iii). Collected golden eagle feathers that are not to be retained for imping must be sent to the National Eagle Repository at U.S. Fish and Wildlife Service, National Eagle Repository, Rocky Mountain Arsenal, Building 128, Commerce City, Colorado 80022 (303-287-2110). (d) Once a falconry COR expires and is not renewed or is revoked, the falconer must donate molted feathers of any species of falconry raptor to any person or institution authorized by permit to acquire and possess the feathers. (i). Molted feathers that are not donated must be burned, buried, or otherwise destroyed. (2) Disposition of carcasses of falconry birds that die. (a) The entire carcass of a golden eagle held for falconry that dies, including all feathers, talons, and other parts, must be sent to the National Eagle Repository at U.S. Fish and Wildlife Service, National Eagle Repository, Rocky Mountain Arsenal, Building 128, Commerce City, Colorado 80022 (303-287-2110). (b) The body or feathers of any other species of falconry raptor may be donated to any person or institution authorized by permit to acquire and possess raptor parts or raptor feathers. (c) A falconry raptor, except a golden eagle, that was either banded or micro chipped prior to its death may be retained by the licensed falconer. (i). The body of the raptor may be kept so that the feathers are available for imping, or the body may be mounted by a taxidermist. (A). The mounted raptor may be used in conservation education programs. (B). If the falconry raptor was banded, the band must be left in place on the mounted raptor body. (C). If the falconry raptor has an implanted microchip, the microchip must be left in place on the mounted raptor body.

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(d) The body and feathers of a deceased falconry raptor that are not donated or retained must be burned, buried, or otherwise destroyed within 10 calendar days of the death of the bird or after final examination by a veterinarian to determine cause of death. (e) A licensed falconer that does not wish to donate or destroy the flight feathers of a deceased raptor or have the body mounted by a taxidermist, may possess the flight feathers for as long as they possess a valid falconry COR, provided: (i). The feathers are not be bought, sold, or bartered; and (ii). The paperwork documenting lawful possession of the deceased raptor is retained.

R657-20-30. Other Uses of Raptors.


(1) Transfer of wild raptors captured for falconry to other permitted uses. (a) A wild-caught falconry raptor may be transferred to a person authorized to possess raptors for propagation purposes only after the raptor has been used in falconry for at least: (i) 12 months from the date of capture for a sharp-shinned hawk, Cooper's hawk, merlin, or American kestrel; and (ii) 24 months from the date of capture for all other falconry raptors. (b) The time periods imposed in Subsection (1)(a) for transferring a wild-caught falconry raptor to a person authorized to possess raptors for propagation purposes may be waived by the Division if the raptor has been injured and a veterinarian or permitted wildlife rehabilitator has determined that the raptor can no longer be flown for falconry. (i) In order to transfer an injured raptor to a propagation permit, the falconer must provide the Division and the Federal migratory bird permits office that administers propagation permits a certification from the treating veterinarian or rehabilitator stating that the raptor is injured and cannot be used in falconry. (c) Upon transfer of a wild raptor to a propagation permit, the falconer must provide a copy of the 3-186A form documenting acquisition of the raptor by the propagator to the Division and the Federal migratory bird permit office that administers propagation permits. (2) Transfer of captive-bred falconry raptors to other permitted uses. (a) Captive-bred falconry raptors may be transferred to another person if the recipient is authorized for possession . (i). Transfer must be reported to the Division within 10 business days by entering the required information in the electronic database at http://permits.fws.gov/186A or by submitting a standard paper form 3-186A, or FWS pdf i-381A via email. (3) Use of raptors possessed for falconry in captive propagation (a) Raptors possessed for falconry may be bred in captivity if the falconer or the person overseeing the propagation has the necessary permits.

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(b) Formal transfer of a raptor from a falconry permit to a captive propagation permit is required if the raptor is to be permanently used for propagation. (c) Formal transfer of a raptor from a falconry permit to a captive propagation permit is not required if the raptor is used for propagation less than 8 months in a year. (i). The licensed propagator must have a signed and dated statement from the falconer authorizing the temporary possession, plus a copy of the falconer's original FWS Form 3-186A for that raptor. (4) Use of falconry raptors in conservation education programs. (a) A General or Master Class falconer may use a falconry raptor in conservation education programs presented in public venues. (i) A Federal education permit is not required to conduct conservation education activities using a falconry raptor held under a Utah falconry COR. (b) Conservation programs may be presented by an Apprentice Falconer who is accompanied by their General or Master Class sponsor. (c) Raptors used to present conservation programs must primarily be used for falconry. (d) A falconer may charge a fee for presentation of a conservation education program. (i). The fee charged may not exceed the amount required to recoup costs of presenting the conservation education program. (e) When presenting conservation education programs, the falconer must provide information about the biology, ecological roles, and conservation needs of raptors and other migratory birds, although not all of these topics must be addressed in every presentation. (f) A falconer may not give presentations using a falconry raptor that do not address falconry and conservation education. (g) The falconer is responsible for all liability associated with conservation education activities undertaken. (5) Other educational uses of falconry raptors. (a) A falconer may allow photography, filming, or other similar uses of falconry raptors to make movies or other sources of information on the practice of falconry or on the biology, ecological roles, and conservation needs of raptors and other migratory birds. (i). A falconer may not be paid or otherwise compensated for such activities.. (b) A falconer may not use falconry raptors or permit the use of falconry raptors to make movies, commercials, or in other commercial ventures that are not related to the practice of falconry or the biology, ecological roles, and conservation needs of raptors and other migratory birds.. (c) Falconry raptors may not be used for: 70

(i) Commercial entertainment for advertisements; (ii) promoting or endorsing any business, company, corporation, or other organization; or (iii) promoting or endorsing any product, merchandise, good, service, meeting, or fair, except for products related directly to falconry, such as hoods, telemetry equipment, giant hoods, perches, and materials for raptor facilities. (6) Assisting in rehabilitation of raptors in preparation for release. (a) A General or Master Class Falconer may assist a permitted migratory bird rehabilitator in conditioning raptors in preparation for their release to the wild. (i) The falconer may keep the raptor being rehabilitated in their facilities up to 180 calendar days. (ii) The rehabilitator must provide the falconer with a letter or form that identifies the raptor and explains that the falconer is assisting in the rehabilitation of the raptor to be released. (iii) Facilities where the raptor will be temporarily housed must adhere to standards outlined in Sections R657-20-8, R657-20-9, and R657-20-10 of this rule. (iv) The falconer is not required to add any raptor possessed for rehabilitation to their COR; the raptor will remain under the permit of the rehabilitator. (v) The falconer must permanently release any raptor capable of sustaining itself in the wild or return it to the rehabilitator within the 180-day timeframe in which the rehabilitator is authorized to possess the raptor, unless the Division authorizes the falconer to retain the bird for longer than 180 calendar days. (7) Using a falconry raptors in abatement activities. (a) Abatement activities may only be conducted with captive bred raptors. (b) A Master Class falconer may conduct abatement activities with raptors possessed for falconry and receive compensation for such activities, if the falconer is in possession of a Special Purpose Abatement permit issued by the U.S. Fish and Wildlife Service. (c) A General Class falconer may conduct abatement activities only as a subpermittee of a Master Class falconer that possesses an abatement permit. (d) An Apprentice Class falconer may not conduct abatement activities. (8) A person who possesses a raptor for any purpose other than falconry, including raptor propagation, educational uses, and rehabilitation, shall obtain the appropriate authorization from the Division as provided in Rule R657-3 and the appropriate authorization from the U.S. Fish and Wildlife Service.

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