No. 29401 (Amendment): R657-20. Falconry

DAR File No.: 29401
Filed: 01/11/2007, 10:29
Received by: NL

RULE ANALYSIS

Purpose of the rule or reason for the change:

This rule is being amended pursuant to Regional Advisory Council and Wildlife Board meetings conducted regularly for taking public input and reviewing the Division of Wildlife's rule pursuant to falconry.

Summary of the rule or change:

The proposed revisions to this rule: 1) add definitions of "meet" and "take"; 2) provide clarification and consistency with the use of scientific and common names of raptors; 3) provide clarification for completion of required forms; 4) provide clarification on the requirements for banding of raptors used in falconry; 5) provide clarification and consistency on the use of pen-reared birds for meets, trials, and training; and 6) make other technical/clerical corrections for consistency and clarity.

State statutory or constitutional authorization for this rule:

Section 23-17-7

This rule or change incorporates by reference the following material:

50 CFR 21, 2000 ed.

Anticipated cost or savings to:

the state budget:

The amendments clarify the rules that regulate the possession and use of raptors for falconry. Therefore, the Division of Wildlife Resources (DWR) determines that theses amendments will not create any cost or savings impact to the state budget or DWR's budget, since the changes will not increase workload and can be carried out with existing budget.

local governments:

Since the amendments clarify the rules that regulate the possession and use of raptors for falconry, this filing does not create any direct cost or savings impact to local governments because they are not directly affected by the rule. Nor are local governments indirectly impacted because the rule does not create a situation requiring services from local governments.

other persons:

These amendments clarify the rules that regulate the possession and use of raptors for falconry. Therefore, this rule does not impose any additional financial requirements on persons, nor generate a cost or saving impact to other persons.

Compliance costs for affected persons:

The amendments are for clarification, thus DWR determined that there were no additional compliance costs associated with this amendment.

Comments by the department head on the fiscal impact the rule may have on businesses:

The amendments to this rule do not create an impact on businesses. Michael R. Styler, Executive Director

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Natural Resources
Wildlife Resources
1594 W NORTH TEMPLE
SALT LAKE CITY UT 84116-3154

Direct questions regarding this rule to:

Robin Thomas at the above address, by phone at 801-538-4707, by FAX at 801-538-4745, or by Internet E-mail at [e-mail]

Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:

03/05/2007

This rule may become effective on:

03/12/2007

Authorized by:

James F Karpowitz, Director

RULE TEXT

R657. Natural Resources, Wildlife Resources.

R657-20. Falconry.

R657-20-2. Possession of Raptors.

(1) Possession of any raptor, raptor egg, shell fragment, semen, or any raptor part without a federal falconry permit and a valid Falconry Certificate of Registration, license or Form 3-186A is prima facie evidence that the raptor, raptor egg, shell fragment, semen, or raptor part was illegally taken and is illegally held in possession.

(2) The only species of raptor that may be possessed, transported, or used for falconry are:

(a) raptors of the subfamily Accipitrinae, other than the Bald Eagle[, Haliaeetus leucocephalus](Haliaeetus leucocephalus);

(b) raptors of the subfamily Falconinae; and

(c) Great Horned Owl[, Bubo virginianus](Bubo virginianus) and captive-bred Eurasian Eagle-owl[, Bubo bubo](Bubo bubo) of the family Strigidae.

 

R657-20-3. Definitions.

(1) Terms used in this rule are defined in Section 23-13-2 and Rule R657-6.

(2) In addition:

(a) "Bird Banding Laboratory band" means a permanent, numbered, silver, aluminum band.

(b) "Eyas" means a young raptor not yet capable of sustained flight such as a nestling or fledgling.

(c) "Falconry" means the sport of taking quarry by means of a trained raptor.

(d) "Form 3-186A" means the Migratory Bird Acquisition and Disposition Report form.

(e) "Imping" means to graft feathers to repair damage or to increase flying capacity.

(f) "Marker or band" means a numbered band issued by the Service which, when affixed to a raptor's leg, identifies an individual raptor.

(g) "Meet" means an organized falconry event where protected wildlife may be taken.

(h) "Passage bird" means a first-year raptor capable of sustained flight.

[(h)](i) "Quarry" means any live animal.

[(i)](j) "Raptor" means a bird of the families Accipitridae, Falconidae, Tytonidae, or Strigidae.

[(j)](k) "Service" means the U.S. Fish and Wildlife Service.

[(k)](l) "State Forms" means annual reports and completed Raptor Capture permits.

(m) "Take" means to:

(i) hunt, pursue, harass, catch, capture, possess, angle, seine, trap or kill any

protected wildlife; or

(ii) attempt any action referred to in Subsection (i).

(n)[(l)] "Trial" means an organized falconry event where only [nonprotected wildlife, European Starlings]coyote, field mouse, gopher, ground squirrel, jackrabbit, muskrat, raccoon, European Starling (Sturnella neglecta), House [Sparrows]Sparrow (Passer domesticus), or Rock [Doves/feral pigeons]Pigeon/feral pigeon (Columba livia) may be taken.

 

R657-20-4. Federal Requirements.

(1) A federal falconry permit is required before any person may take, possess, transport, sell, purchase, barter, or offer to sell, purchase, or barter raptors for falconry purposes.

(2) Applications for a federal falconry permit[Any person engaging in falconry must complete a federal application form in accordance with 50 CFR 21.28.

(3) Applications] may be obtained from, and submitted to the U.S. Fish and Wildlife Service, Migratory Bird Permit Office, P.O. Box 25486, Denver Federal Center (60154), Denver, CO. 80225-0486.

[(4)(a)](3)(a) A federal falconry permit issued or renewed under 50 CFR 21.28 expires on the date designated on the face of the permit unless amended or revoked, but the term of permit shall not exceed three years from the date of issuance or renewal.

(b) Applicants for renewal of a federal falconry permit must submit a written application at least 30 days prior to the expiration date of the permit.

 

R657-20-6. Apprentice Class Falconer.

(1) An apprentice class falconer shall be:

(a) 14 years of age or older; and

(b) sponsored by a general or master class falconer for the first two years of apprenticeship.

(2) An apprentice obtaining their first Falconry Certificate of Registration must answer correctly at least 80 percent of the questions on a supervised examination provided and administered by the division, relating to basic biology, care and handling of raptors, literature, laws, rules, regulations, and other appropriate subject matter.

(3) If necessary, the examination may be taken again after a 14 calendar-day waiting period.

(4) A person may not take the falconry exam earlier than two months before that person's 14th birthday.

(5) The sponsor shall provide advice for facilities and equipment construction, trapping the first season, training the raptor, and all other activities that will promote adequate care and good health for the raptor and safety for the apprentice. A sponsor may not have more than three apprentices at one time.

(6) In the event sponsorship is terminated, the holder of an apprentice Falconry Certificate of Registration must obtain a new sponsor within 30 calendar days of termination.

(7) The division must be notified in writing concerning the change in sponsor. The sponsor's name, state, Falconry Certificate of Registration and federal falconry permit number must be included in the notification.

(8) An apprentice may not:

(a) possess more than one raptor for falconry; and

(b) obtain more than one raptor for replacement during any 12-month period from the date of the first capture.

(9) An apprentice may possess only an American Kestrel (Falco sparverius) or a Red-tailed Hawk (Buteo jamaicensis), which must be taken from the wild as a passage bird by the apprentice during the passage season.

(10) Re-examination and facilities inspection will be required of any applicant who has not held a Falconry Certificate of Registration or license for two consecutive years.

(11)(a) Requests for class upgrades must be submitted to the division in writing.

(b) Failure to comply with the rules and regulations of the Wildlife Board may result in the denial of an upgrade.

 

R657-20-8. Master Class Falconer.

(1) A master class falconer shall:

(a) show proof of having a valid general class Falconry Certificate of Registration for at least 60 months; and

(b) have at least five years experience caring for, training, or hunting with raptors at the general class level or its equivalent.

(i) For purposes of this section, "five years of experience" means at least four months caring for, training, or hunting with raptors in each of five different 12-month periods.

(2) Verification of the five-year experience requires the appropriate federal Form 3-186A and state forms indicating experience caring for raptors.

(3) A master class falconer may not:

(a) possess more than three raptors for falconry;

(b) obtain more than two raptors taken from the wild for replacement birds during any 12-month period from the date of first capture; or

(c) take from the wild:

(i) more than one raptor listed as threatened in 50 CFR 17, in any 12-month period, as part of the three bird limitation, and then only in accordance with 50 CFR 17; or

(ii) any species listed as endangered in 50 CFR 17, but may transport or possess such species in accordance with 50 CFR 17.

(4) A master class falconer may not take from the wild, transport, or possess a Golden Eagle for falconry purposes unless authorized in writing under 50 CFR 22.24.

(5) A master class falconer may possess one Golden Eagle[, Aquila chrysaetos,] for falconry purposes pursuant to 50 CFR 22.24, Eagle Permits, and as provided in Subsections (i) through (ii).

(i) The registrant may not obtain or possess more than one Golden Eagle during a 12-month period; and

(ii) the [golden eagle]Golden Eagle held by the registrant shall be included in the three-bird limitation of the master class falconer in accordance with 50 CFR 17.

 

R657-20-12. Equipment.

The following items shall be in the possession of the applicant before a federal falconry permit or Falconry Certificate of Registration may be obtained:

(1)(a) At least one pair of [Alymeri]Aylmeri jesses or similar type constructed of pliable, high quality leather or suitable synthetic material to be used when any raptor is flown free.

(b) Traditional one-piece jesses may be used on raptors when not being flown.

(2) At least one flexible, weather-resistant leash and one strong swivel of acceptable falconry design.

(3) At least one suitable container, two to six inches deep and wider than the length of the raptor, for drinking and bathing for each raptor.

(4) At least one weathering area perch of an acceptable design for each raptor.

(5) A reliable scale or balance suitable for weighing the raptor held and graduated to increments of not more than one-half ounce.

 

R657-20-13. Federal Form 3-186A.

A falconer may not take, purchase, receive, or otherwise acquire, sell, barter, transfer, or otherwise dispose of any raptor unless the falconer completes a federal Form 3-186A[ and submits the blue copy to the division and the remaining copies to the Service]. The blue (State) copy of each completed Form 3-186 should be sent to the division within five calendar days of the transaction; the white copies (USFWS-Original and USFWS Copy) should be sent to the Service within five calendar days of the transaction; the falconer should keep the pink (Permittee) copy.

 

R657-20-21. Release to the Wild.

Prior to releasing any raptor to the wild:

(1) the [raptor band]falconry shall be removed by a division representative; and

(2) a numbered aluminum Bird Banding Laboratory band shall be attached to the raptor by a division representative. Banding is by appointment only.

 

R657-20-27. Capture Permits.

(1) A person must possess a valid Falconry Certificate of Registration and federal falconry permit prior to obtaining a Raptor Capture Permit.

(2)(a) Prior to capturing or attempting to capture any raptor a falconer must obtain a Raptor Capture Permit from a division office.

(b) The Raptor Capture Permit, federal falconry permit and Falconry Certificate of Registration must be in possession while pursuing, capturing or attempting to capture a raptor.

(3) An apprentice class Raptor Capture Permit is valid for the passage season capture of:

(a) one American Kestrel; or

(b) one passage Red-tailed Hawk.

(4) A general or master class Raptor Capture Permit is valid for one eyas or one passage raptor listed in Subsection (10) or (11), respectively in accordance with the restrictions and limitations of this rule.

(5) Raptor Capture permits are non-transferable and non-assignable and can only be used by the person specified on the permit. Raptor Capture permits are valid only for the season specified on the permit.

(6)(a) Nonresidents wishing to purchase a Raptor Capture Permit and not participating in the sport of falconry in the state are not required to purchase a Utah Falconry Certificate of Registration or license.

(b) However, nonresidents must show proof of a valid federal falconry permit and falconry license issued by their state of residency.

(7) Falconers shall not retain and transport more than one captured raptor per capture permit.

(8) Any person who captures a raptor must have it banded in accordance with Section R657-20-31.

(9) Capture of eyas raptors is allowed only for the following species:

(a) Northern Harrier[, Circus cyaneus] (Circus cyaneus);

(b) Sharp-shinned Hawk[, Accipiter striatus] (Accipiter striatus);

(c) Cooper's Hawk[, Accipiter cooperi] (Accipiter cooperii);

(d) Northern Goshawk[, Accipiter gentilis] (Accipiter gentilis);

(e) Swainson's Hawk[, Buteo swainsoni] (Buteo swainsoni);

(f) Red-tailed Hawk[, Buteo jamaicensis] (Buteo jamaicensis);

(g) Ferruginous Hawk[, Buteo regalis] (Buteo regalis);

(h) Golden Eagle[, Aquila chrysaetos];

(i) American Kestrel[, Falco sparverius];

(j) Peregrine Falcon[, Falco peregrinus] (Falco peregrinus);

(k) Prairie Falcon[, Falco mexicanus] (Falco mexicanus); and

(l) Great Horned Owl[, Bubo virginianus];

(10) Capture of passage raptors is allowed only for the following species:

(a) Northern Harrier[, Circus cyaneus];

(b) Sharp-shinned Hawk[, Accipiter striatus];

(c) Cooper's Hawk[, Accipiter cooperi];

(d) Northern Goshawk[, Accipiter gentilis];

(e) Harris's Hawk[, Parabuteo unicinctus] (Parabuteo unicinctus);

(f) Swainson's Hawk[, Buteo swainsoni];

(g) Red-tailed Hawk[, Buteo jamaicensis];

(h) Ferruginous Hawk[, Buteo regalis];

(i) Rough-legged Hawk[, Buteo lagopus];

(j) Golden Eagle[, Aquila chrysaetos];

(k) American Kestrel[, Falco sparverius];

(l) Merlin[, Falco columbarius;] (Falco columbarius);

(m) Gyrfalcon[, Falco rusticolus] (Falco rusticolus);

(n) Prairie Falcon[, Falco mexicanus]; and

(o) Great Horned Owl[, Bubo virginianus].

 

R657-20-28. Legal Birds.

(1)(a) Eyasses may be taken from the wild only by general and master class falconers as provided in Subsections (a) through (d).

(b) Eyasses, except Great Horned Owls and Peregrine Falcons, may be taken from May 13, unless May 13 is a Sunday, in which case the season shall begin the following day through July 15 and during the third weekend in July.

(c) Great Horned Owl eyasses may be taken from the wild during the first two Saturdays of April and from May 13, unless May 13 is a Sunday, in which case the season shall begin the following day through July 15 and during the third weekend in July.

(d) Peregrine Falcon eyasses may be taken in accordance with R657-20-29(4).

(e) No more than two eyasses may be taken by the same falconer.

(2) An eyas may not be taken from a nest containing only a single eyas.

(3) One or more eyasses must be left in a nest from which any eyas has been removed.

(4) Passage raptors may be taken from the wild only from:

(a) September 1 through October 31 on weekends and legal holidays, unless September 1 is a Sunday, in which case the season shall begin the following weekend or legal holiday; and

(b) November 1, unless November 1 is a Sunday, in which case the season shall begin the following day through January 31.

[(3)](5) Only American Kestrels and Great Horned Owls may be taken when over one year of age.

[(4) An eyas may not be taken from a nest containing only a single eyas.

(5) One or more eyasses must be left in a nest from which any eyas has been removed.

](6) The date of capture, sex of raptor, and the location of the capture must be recorded precisely, to within 100 meters, on the Raptor Capture Permit. Precise nest locations will be held for use by the division and not made available to the public.

(7)(a) The division falconry coordinator shall determine on an annual basis the number of capture permits issued for the taking of eyas raptors listed on Utah's current sensitive species list.

(b) Notice of any limitations on the number of eyas capture permits for sensitive raptors shall be made by February 7 of each year.

(c) Application procedures for taking sensitive raptor species limited by the falconry coordinator are provided in Section R657-20-41.

 

R657-20-29. Resident - Legal Birds by Class Designation.

(1)(a) An apprentice class falconer may possess only one American Kestrel or one Red-tailed Hawk in accordance with Section R657-20-6, Apprentice Class Falconer.

(b) Only first-year Red-tailed Hawks may be taken, while first-year or older American Kestrels may be taken.

(c) Eyasses may not be taken.

(2) A general class falconer may not possess more than two raptors and may not obtain more than two raptors taken from the wild for replacement birds during a 12-month period.

(3) A master class falconer may not possess more than three raptors and may not obtain more than two raptors taken from the wild for replacement birds during a 12-month period, except Golden Eagles.

(4) A resident general or master class falconer may apply each year to take one eyas Peregrine Falcon[, Falco peregrinus,] from the wild on the first two Saturdays of May and from May 13, unless May 13 is a Sunday, in which case the season will begin the following day through June 30.

(5)(a) Any resident general or master class falconer may apply each year to take one passage Peregrine Falcon from the wild from:

(i) September 1 through October 31 on weekends and legal holidays, unless September 1 is a Sunday, in which case the season shall begin the following weekend or legal holiday; and

(ii) November 1, unless November 1 is a Sunday, in which case the season will begin the following day through November 30.

(b) Any captured Peregrine Falcon banded with a numbered aluminum Bird Banding Laboratory band (numbered aluminum) must be released immediately.

(c) The band number, date of trapping, and precise location, within 100 meters, of the banded falcon must be reported to the falconry coordinator as soon as possible.

(d) Passage take of Peregrine Falcons will not be allowed unless approved by the Service.

(e) Application procedures for taking eyas or passage Peregrine Falcons are provided in Section R657-20-41.

(6)(a) The number of resident permits issued annually for the taking of eyas Peregrine Falcons may not exceed 10; and

(b) take is limited to Beaver, Iron, Washington, Piute, Wayne, Garfield, Kane, and San Juan counties and the area south of Interstate 70 in Grand, Emery and Sevier counties.

(c) In addition to following the requirements provided in Section R657-20-28(4) through R657-20-28(6), a falconer taking or attempting to take an eyas Peregrine Falcon must abide by the following:

(i) an eyas may not be removed from its nests prior to 10 days of age;

(ii) nests may not be entered when young are 28 days or more of age;

(iii) recently fledged young may be trapped within 100 meters of the nest;

(iv) three plucked breast feathers from any captured eyas must be presented to the division within five business days of capture.

(7) The number of resident and nonresident permits issued annually for the take of passage Peregrine Falcons may not exceed that number set by the Service.

 

R657-20-30. Nonresident- Legal Birds by Class Designation.

(1)(a) A nonresident general or master class falconer may apply each year to take one eyas from the wild pursuant to R657-20-28.

(b) Any nonresident general or master class falconer may apply each year to take one passage bird from the wild pursuant to R657-20-28.

(2) Application procedures for taking an eyas are provided in Section R657-20-41.

(4) The number of nonresident permits issued annually may not exceed the following:

(a) Sharp-shinned Hawk[, Accipiter striatus] 10;

(b) Cooper's Hawk[, Accipiter cooperi] 20;

(c) Northern Goshawk[, Accipiter gentilis] 5;

(d) Red-tailed Hawk[, Buteo jamaicensis] 20;

(e) American Kestrel[, Falco sparverius] 20;

(f) Merlin[, Falco columbarius] 10, passage take only;

(g) Gyrfalcon[, Falco rusticolus] 5, passage take only;

(h) Prairie Falcon[, Falco mexicanus] 20; and

(i) Great Horned Owl[, Bubo virginianus] 20;

(j) Peregrine Falcon[, Falco peregrinus] 1, eyas only, in accordance with restrictions set forth in R657-20-29(4), R657-20-29(8)(b) and R657-20-29(8)(c).

(5) Nonresidents may not take any other species.

 

R657-20-31. Banding Raptors.

(1)(a) A falconer who has captured a raptor from the wild must notify the division by telephone within two business days to receive a federal falconry band.

(b) Upon notification, the division shall issue a federal falconry band number to the falconer and mail the federal falconry band to the falconer.

(2) Upon receiving the federal falconry band, the falconer must attach the band to the raptor's leg.

(3) Within five business days of notifying the division of the capture, the falconer must submit:

(a) a completed Raptor Capture permit, with the precise location of capture within 100 meters; and

(b) the blue copy of the federal Form 3-186A.

(4) A falconer may remove the rear tab on a band and may smooth any imperfect surface, provided the integrity of the band and numbering are not affected.

(5)(a) A person may not remove, transfer, alter, counterfeit, or deface a [raptor band]falconry, except a band that is causing damage to a raptor may be removed only if the band is affecting the health or safety of the raptor.

(b) The raptor must be presented to a division representative and a replacement band placed on the raptor's other leg. Banding is by appointment only.

(c) The detached band must be surrendered to the division at the time of re-banding.

(6) The division must be notified of any raptor acquired or brought into the state on a permanent basis without a band. The raptor must be presented to a division representative for banding.

 

R657-20-[32]32A. Recovery and Capture of Banded Raptors - Federal Falconry Band.

(1) An escaped raptor banded with a federal falconry band may be recovered at any time.

(2) Notification of recovery must be made to a division representative followed [with]by a written notice within five business days.

 

R657-20-32B. Recovery and Capture of Banded Raptors - Bird Banding Laboratory Band.

[(3) ]The division requires notification of the capture date and precise location, within 100 meters, of any raptor marked with a numbered aluminum Bird Banding Laboratory band.

 

R657-20-34. Use of [Propagated]Pen-Reared Game Birds for Meets[ and], Trials and Training.

A person may hold a meet or trial or may train a raptor using legally [propagated and] acquired pen-reared game birds under the following provisions:

(1) [The promoter of a meet or trial or a person training a raptor]Any person using pen-reared game birds must have an invoice or bill of sale in [his]their possession showing lawful [possession of the game birds.]personal possession or ownership of such birds.

[(2) Each](2) Pen-reared game birds may be held in possession no longer than 60 days unless the person possessing the pen-reared game birds first obtains a private aviculture Certificate of Registration as provided in Rule R657-4.

(3)(a) Each pen-reared game bird must be marked [before release with a band purchased from the division. A band ]with an aluminum leg band or other permanent marking before being released, except as provided in Subsection (d).

(b) Aluminum leg bands may be purchased at any division office.

(c) The aluminum leg band or other permanent marking must remain attached to [each game bird until the game bird is consumed. A person may not use the same band on more than one game bird.]the pen-reared game bird.

[(3) Once a released game bird escapes the raptor it is considered wild and may not again be pursued, except during the open season for that species](d) 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 or trial may be released only on the property specified and only during the dates approved for the falconry meet or trial.

(5) After release at a meet or trial, pen-reared game birds may be taken:

(a) by the person who released the pen-reared game birds, or by any person participating in the meet or trial; and

(b) only during the approved dates of the meet or trial.

(6) Pen-reared game birds used in a meet or trial become the property of the state of Utah and may not be taken, except during legal hunting seasons as specified in the [applicable]Upland Game or Waterfowl proclamations of the Wildlife Board if:

(a) the birds leave the property where the meet or trial is held; or

(b) the birds have not been retrieved by the end of the meet or trial.

(7) Pen-reared game birds used for training raptors that 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 during legal hunting seasons as specified in the Upland Game and Waterfowl proclamations of the Wildlife Board.[.

(4) A person may not possess a live game bird for more than 60 calendar days without first obtaining an Aviculture Certificate of Registration.]

 

R657-20-36. Seasons and Bag and Possession Limits.

(1) The hunting of:

(a) upland game shall be done in accordance with the rule and proclamation of the Wildlife Board for taking upland game species.

(b) waterfowl, Wilson's snipe, and coot shall be done in accordance with the rule and proclamation of the Wildlife Board for taking those species.

(c) Mourning Dove and Band-tailed Pigeon shall be done in accordance with the rules and proclamations of the Wildlife Board for those species.

(2) Bag and possession limits do not apply to coyote, field mouse, gopher, ground squirrel, jackrabbit, muskrat, raccoon, European Starling, House Sparrow, and rock [dove/feral]pigeon/feral pigeon.

(3) 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 proclamations.

 

KEY: wildlife, birds, falconry

Date of Enactment or Last Substantive Amendment: [April 16, 2002]2007

Notice of Continuation: January 10, 2007

Authorizing, and Implemented or Interpreted Law: 23-17-7; 50 CFR 21