No. 41853 (Amendment): Rule R657-20. Falconry

(Amendment)

DAR File No.: 41853
Filed: 06/27/2017 01:19:51 PM

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 Resources� (DWR) rule pursuant to falconry.

Summary of the rule or change:

The proposed revisions to this rule: 1) modify the definition of "Hybrid" to conform with federal rule; 2) add Eurasian Collared Dove to the definition of "Trial"; 3) align the definition of "Upland Game" with the Upland Game rule; 4) modify the definition of "Wild" to distinguish between wild, imprinted, and captive bred birds; 5) add Eurasian Collared Dove to the list requiring a Certificate of Registration (COR); 6) modify the processing time for Certificate of Registrations to 30 business days; 7) clarify language to state a COR is required for each raptor; 8) add language to address issues raised by changing status due to taxonomy or conservation status granting falconers a 6-month grace period to allow for COR applications under the new status; 9) add language to address re-inspection of facilities; 10) clarify the line of decision authority; 11) incorporate table of authorized falconry raptors and updated geographic restrictions; 12) add language to allow General Class Falconers to legally possess a number of exotic eagle species; 13) clarify language outlining the required experience for a Master Class Falconer; and 14) make technical corrections and text simplification through out the rule.

Statutory or constitutional authorization for this rule:

• Section 23-17-7

Anticipated cost or savings to:

the state budget:

The amendments clarify the rules that regulate the possession and use of raptors for falconry. Therefore, DWR determines that these 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.

small businesses:

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 small businesses nor generate a cost or saving impact to small businesses.

persons other than small businesses, businesses, or local governmental entities:

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 the 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:

After conducting a thorough analysis, it was determined that this proposed rule will not result in a fiscal impact to businesses.

Michael R. Styler, Executive Director

The full text of this rule may be inspected, during regular business hours, at the Office 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:

• Staci Coons at the above address, by phone at 801-538-4718, by FAX at 801-538-4709, 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:

08/14/2017

This rule may become effective on:

08/21/2017

Authorized by:

Mike Fowlks, Deputy Director

RULE TEXT

R657. Natural Resources, Wildlife Resources.

R657-20. Falconry.

R657-20-1. Purpose and Authority.

(1) Under authority of Section 23-17-7 and in accordance with the Migratory Bird Treaty Act in 16 U.S.C. 703-12 (50 CFR 21[and 22] [(]10/01/2000[)]), and Bald the Bald and Golden Eagle Protection Act in 16 U.S.C. 668-668d (50 CFR 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 and or possession 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 [Section 10.13]Code of Federal Regulations 50 CFR [21,]10.13, 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 Accipitriformes (i.e., vultures, California Condor, kites, eagles and hawks), Order Falconiformes (i.e., caracaras, and falcons) and Order Strigiformes (i.e., owls), and hybrids thereof, and applies to any person who possesses one (1) 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 for birds available for take in a given season, and other administrative [regulations for]matters pertaining to the practicing of falconry are [published in the Utah falconry Guidebook which is available by contacting the Division of Wildlife Resources office in Salt Lake City or]available online at http://wildlife.utah.gov.

(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]probable cause that the raptor, raptor egg, shell fragment, semen, or any raptor part was illegally taken and is illegally held in possession.

(8) (a) Pursuant to Utah Code Section 23-19-9, the Division has the authority to suspend or revoke any or all of the privileges granted under this rule.

([a]b) [Upon request, a]A permittee whose falconry 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 as 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 Utah Code 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.

(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 federal 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.

(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 (2) or more distinct species[including but not limited to those listed in section 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 section 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 two (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 eaglesGolden Eagles (Aquila chrysaetos) 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[; ] and its source under the following requirements:

[1]i) a permanent, nonreusable (plastic, zip-tie) black-colored numbered leg bands identify an individual raptor that has been taken from the wild;

[2]ii) a seamless (metal) yellow-colored numbered leg bands identify an individual raptor that has been captive-bred; or

([a]iii) a permanent, nonreusable (plastic, zip-tie) yellow-colored numbered leg bands are used when a seamless band needs to be replaced .

(v) "Meet" means, for purposes of this rule, an organized falconry event where protected wildlife may be taken and for which a five (5) day non-resident meet hunting license is approved by the [Wildlife Board.]Division Director or designee.

(w) "Mews" refers to a protected indoor facility (a residence or non-residence) 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.]those species listed in R657-6 and R657-9.

(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 Accipitriformes, Order Falconiformes [(falcons and caracaras) ]or the Order Strigiformes [(owls) ]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.

(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), Eurasian Collared-Dove (Streptopelia decaocto), 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. ]those species defined by R657-6 and R657-9.

(hh) "Weathering Area" [refers to]means a protected outdoor facility where raptors are kept for falconry purposes[. ] that meet the requirements established in R657-20-6.

(ii) "Wild" refers to an animal in its original natural state of existence[; not]. Animals that are domesticated [nor]or cultivated are not considered wild.

(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 12 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.

(2) A COR is not transferrable.

(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) 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]b) A falconry COR requires up to a 30-business day processing time from the date an application is received.

([b]c) A falconry COR is valid at the Apprentice Class level for a three (3)-year period from date of issuance.

([c]d) A falconry COR is valid at the General and Master Class level for a five (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.

(7)(a) A falconer must obtain a Raptor Capture Permit prior to capturing or attempting to capture any raptor from the wild in Utah.

([i]b) A valid falconry COR is required for a Utah resident in order to obtain a Raptor Capture Permit.

([ii]c) Nonresident falconers are not required to purchase a Utah falconry COR in order to purchase a Nonresident Raptor Capture Permit.

(8) [The]An individual possessing a valid falconry COR [allows a resident falconer to]may use a raptor for unrestricted take of unprotected wildlife including coyote, field mouse, gopher, ground squirrel, jackrabbit, muskrat, raccoon, and European Starling, House Sparrow, Eurasian Collared Dove, and [rock dove]Rock Dove or feral pigeon[; no], consistent with the following provisions:

(a) A resident falconer is not required to possess any other license or permit [is required other than the falconry COR for take of]take these species[.];

([a]b) 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]A falconer may take any species with a falconry bird for which a [federal]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 identified in R657-20-4(8) that are 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[.], consistent with the following provisions:

(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[.]; and

(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]11)(a) A hunting license is not required to take pen-reared game birds with a trained raptor if the game birds are lawfully possessed and banded with a permanent leg band purchased from the Division or other permanent marking.

(b) Pen-reared game birds used in falconry must comply with all requirements in R657-4 and all requirements established by the Utah Department of Agriculture and Food.

 

R657-20-5. Application for a Falconry COR.

(1) To obtain a falconry COR, applicants must have either an indoor mews or an outdoor weathering area, or both pursuant to Section R657-20-[6]6.

(2) Resident Applications.

(a) A resident applying for or renewing a falconry COR shall:

(i) [Submit]submit a completed falconry application to the Division; [and]

(ii) [Include]identify species and number of birds proposed to be held at a given facility; and

(iii) include the appropriate COR fee.

(b) As a condition to obtaining a falconry COR, the falconer agrees to reasonable administrative inspections of falconry raptors, facilities, equipment, CORs, and related documents.

(c) 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.

(d) At the time of renewal, the current falconry COR number must be included on the falconry COR renewal application.

(e) A falconer claiming residency in Utah may not claim residency in, or possess a resident falconry license or falconry permit from, another state.

(f) (i) 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.

([i]ii) Falconry COR [Renewals]renewals require up to a 30 business-day processing time for completion.

(g) 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.

(h) Failure to submit required records and timely, accurate, or valid reports may result in administrative action by the Division[.], including:

(i)[Administrative action that may be taken by the Division includes:

(A)] Issuance of a probationary COR with restrictions on activities allowed; or

([B]ii) Non-renewal of a COR until the required records and reports are completed.

(j)(i) 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.

([i]ii) Disposition of raptors held under a lapsed falconry COR is at the discretion of the Division.

([ii]iii) Raptors held under a lapsed falconry COR are subject to seizure by the Division.

(k) A falconer who has allowed their COR to lapse may apply for a new COR.

([i]l) If a falconry COR has lapsed for fewer than five (5) years, it will be reinstated at the level held previously if:

(i) proof of certification at that level is provided [and]to the Division;

(ii) the applicant has[appropriate] facilities and equipment that meet the requirements in R657-20-6; and

(iii) the applicant is otherwise qualified [under]to obtain a COR pursuant to R657-20-[4]4.

(m)([ii]i) If a falconry COR or Permit has lapsed for five (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 R657-20-9(1)(b).

([A]ii) If the applicant passes the examination, a falconry COR will be reinstated at the level previously held.

([B]iii) The applicant's facilities and equipment must also pass inspection by a Division representative before possessing a raptor for falconry as required in Sections R657-20-6.

(3) Falconers Wishing to Establish Residency in Utah.

(a) A falconer entering Utah to establish residency must possess the following:

(i) A copy of the previous state's valid falconry license indicating class designation[,];

(ii) a current federal falconry permit number, if applicable[,];

(iii) a valid health certificate[,] for each raptor in possession;

(iv) the number and species of raptors with the band [number]numbers (if banded) [of]for each raptor held in possession[, and an entry permit number obtained from]; and

(v) any additional documentation required by the Utah Department of Agriculture[must be presented to the Division within 5 business days after entering Utah].

(b) A six (6)-month domicile period is required for a falconer entering Utah to establish residency.

(c) A falconer entering Utah to establish residency may possess legally obtained raptors that were acquired prior to entering Utah[. ] if the following requirements are satisfied:

[(i) If the raptor(s) is to be used for falconry during the six-month domicile period,]

(i) documentation satisfying import requirements for the Utah Department of Agriculture for each falconry bird must be presented to the Division within five (5) business days after entering Utah;

(ii) the falconer must purchase all applicable Utah non-resident hunting licenses and/or permits[.

(d) A falconer wishing] if the raptor(s) is to be used for falconry during the six (6)-month period necessary to establish residency;

(iii) the falconer must maintain proper facilities and equipment [(see Section]as required in Sections R657-20-6, [R657-20-]7, and [R657-20-8). ]8; and

(iv) possession of the raptor is allowed under the provisions of this rule.

([e]d) At the conclusion of the six (6)-month domicile period, a new resident applying for a falconry COR must submit the following to the Division:

(i) [A]a completed falconry application indicating class designation;

(ii) [A]a copy of a valid falconry license from the former state of residency indicating class designation;

(iii) [A]a valid federal falconry permit number, if applicable; and

(iv) [The]the appropriate COR fee.

([f]e) A falconer that holds raptors in possession and fails to apply for a falconry COR within 30 days of qualifying for residency [will be]is in violation [of the law for unlawful captivity of protected wildlife under]Utah Code Sections 23-13-4 and 23-20-[3 and]3, may be denied a falconry COR, and any raptors in their possession may be subject to seizure.

 

R657-20-6. Care and Facilities Requirements.

(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]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]c) The Division may impose additional requirements [to insure]regarding the safe and humane handling and care of raptors [when]that are necessary to ensure the birds are maintained in [inhumane or unhealthy conditions.]a healthy condition.

(3) Facilities Requirements and Inspections.

(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], including domestic as well as wild animals[)], inhumane treatment, and other undue disturbances.

(b) Request for a facilities inspection must be made by [calling]contacting the Regional Division office where the facilities are located.

(c) 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.

(d) (i) Before a person may obtain a falconry COR, the raptor housing facilities and equipment shall be inspected and approved by a Division representative.

([i]ii) Inspections must be conducted in the presence of the [permittee. ]applicant.

([ii]iii) In the course of this inspection, the Division representative may collect [a photograph]photographs of the facilities to keep on file with the falconer's [other state ]records.

(e) 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]CORs if the Division has not physically inspected within 30 business days.

(f) The COR may be revoked if significant changes to facilities are made without prior notification to the Division or 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.]

([f]g) Facilities must be adequate to house the number and species of raptors in possession.

([i]h) Only inspected and approved indoor mews and weathering areas may be used for housing raptors for falconry.

([g]i) In [conjunction with]addition to inspected and approved facilities, raptors may also be housed inside a place of residence as provided in Section R657-20- 6(4)([g]c).

([i]j) A new facilities inspection will be required when a permittee changes address[ or], increases the number or species of raptors in their possession beyond capacity of the existing inspected facilities, or changes class of their falconry COR.

([h]k) 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[.] by submitting notice to [e-mail].

([i]l) Facilities requirements for non-resident falconers wishing to establish residency in Utah.

([A]i) A raptor may be housed in a temporary facility for no more than six (6) months, provided the temporary facility has been inspected and has a suitable perch for the raptor and adequately protects it from predators, domestic animals, extreme temperatures, wind, and excessive disturbance.

(ii) Following establishment of residency, the falconer must have facilities re-inspected to ensure compliance with the facilities requirements of this rule.

(m) 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.

(4) The Mews.

(a)[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.

(b )] A mews [must]shall:

(i) be large enough to allow easy access for the care and feeding of raptors kept inside[.];

[(c) Untethered raptors may be housed together in the mews if they are compatible with each other.]

[(i) If untethered raptors housed in an indoor mews that is not a place of residence, then the mews must be fully enclosed;]

(ii) provide for a healthy environment for each raptor inside;

[( ii) Walls]( iii) have walls and ceiling [of the mews]that may be solid, [or ]barred, or covered with heavy duty netting[;

(iii) If bars, or heavy duty netting, or mesh are used,], so long as any openings [must be]are narrower than the width of the body of the smallest raptor [housed in the mews.]kept inside;

(iv) have a suitable perch for each raptor and at least one (1) opening for sunlight, or adequate lighting if mews is in a residence,

[( d) Each mews must]( v) 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[.]; and

[(e) Each raptor shall have]( vi) include a pan of clean water large enough for each raptor housed in the mews to bathe in it that remains available to [it]the housed raptors 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.

(b) Indoor facilities as a mews.

(i) Indoor mews used to house untethered raptors must be fully enclosed, unless the indoor mews are a place of residence.

([f]ii) Acceptable indoor facilities may include shelf perch enclosures where raptors are tethered side by side.[ Other innovative]

(iii) At the discretion of the Division, other housing systems [are acceptable]may be approved if they provide the enclosed raptors with [protection and]comparable facilities characteristics to those listed in R657-20-6(4) and the opportunity to maintain undamaged feathers.

([g]c) A place of residence [used for housing falconry raptors indoors is considered a mews provided each raptor is tethered to a suitable perch]as a mews.

(i)[A raptor may be untethered inside a place of residence when being handled.

(ii)] If a raptor is housed inside a place of residence, the residence must satisfy all of the general requirements of a mews identified in R657-20-6(4), except there is no need to modify windows or other openings in the residence.

[(iii) A raptor may be housed untethered inside a flight chamber constructed within a place of residence with the following provisions;]( ii) Falconry raptors housed in a place of residence may satisfy the mews requirement, provided each raptor is tethered to a suitable perch, except when being handled or when flown within a flight chamber.

(iii) Areas within a residence that may be used as a flight chamber must satisfy the following conditions:

(A) the flight chamber must have a source of light;

(B) [The]the flight chamber must be fully enclosed;

(C) [Walls]walls and ceiling of the flight chamber may be solid, [or ]barred, or covered with heavy duty netting; and

(D) [If]if bars,[or] heavy duty netting, or mesh are used, openings must be narrower than the width of the body of the smallest raptor housed in the flight chamber.

(d) Untethered raptors may be housed together in any mews if they are compatible with each other.

(5) Weathering Area.

(a) The weathering area must be:

(i) totally enclosed[, and can be made of heavy-gauge wire, heavy-duty plastic mesh, slats, pipe, wood, or other];

(ii) constructed of any suitable material capable of preventing the raptor's escape and excluding predators and other animals capable of causing harm to the raptor[.];

[( b) The weathering area must be](iii) covered and have at least one (1) covered perch to protect a raptor from predators and weather[.];

[(c) Adequate perches must be provided within the weathering area to ensure the health, safety and protection of the raptor.]

[(d) Raptors must be tethered while inside the weathering area.]

[( e) The weathering area must be]( iv) large enough to insure that the raptor(s) cannot strike the enclosure when bating from the perch[.];

(v) include a pan of clean water large enough for each raptor housed in the mews to bathe in it;

(vi) provide a water source that that remains available to the housed raptors at all times, unless weather conditions, perch type used, or some other factor makes it inadvisable to have water available next to the raptor.

(b) Raptors must be tethered while inside the weathering area.

([f]c) 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.

[(g) Each raptor should have a pan of clean water available.

(i) 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.]

([h]d) 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.

([i]6) 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.

[( j) 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.

(k) ](7) 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.

 

R657-20-7. 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 Director or designee in extenuating circumstances such as, illness, military duty, and family emergency. The Division Director or designee 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]b) The raptors will remain on the original falconer's COR.

([ii]c) The raptors must remain at the original falconer's facilities.

([iii]d) Temporary care of raptors by non-falconers may be extended by the Division Director or designee in extenuating circumstances such as illness, military duty, or family emergency. The Division Director or designee will consider extenuating circumstances on a case-by-case basis.

([iv]e)[.] A non-[falconers]falconer 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 [45]90 calendar days from the death of the falconry permittee, disposition of raptors held under the permit is at the discretion of the Division.

 

R657-20-8. 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 for each raptor proposed for future capture:

(a)[At](i) at least one (1) pair of Aylmeri jesses, or similar type, made from pliable, high quality leather or suitable synthetic material[;

(b) The], or the materials and equipment necessary to make Aylmeri jesses or other material to be used when any raptor is flown free[.]; and

[(i) Traditional](ii) traditional one (1)-piece jesses may be used on raptors when not being flown[.];

([c]b) [At]at least one (1) flexible, weather-resistant leash[.];

([d]c) [At]at least one (1) swivel of acceptable falconry design[. ];

([e]d) [At]at least one (1) suitable container, two (2) to six (6) inches deep and wider than the length of the raptor, to hold drinking and bathing water for each raptor[.];

([f]e) [At]at least one (1) perch of an acceptable design will be provided for use for each raptor[.];

([g]f) [A]a reliable scale or balance suitable for weighing the raptor held and graduated to increments of not more than one (1)-half ounce or less[.]; and

([h]g) [For]for small raptors, such as kestrels, merlins, and sharp-shinned hawks, the scale must weight in increments of at least one (1) gram.

 

R657-20-9. Apprentice Class Falconer.

(1) Apprentice class falconer requirements.

(a) Applicants for an Apprentice Class falconry COR must be at least 12 years of age[;].

([i]b) 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]c) The parents or legal guardian of a minor Apprentice Class falconer under the age of 18 are legally responsible for the activities of their child.

(d) An individual may not take the falconry exam earlier than two (2) months prior to their 12th birthday.

([b]e) 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 12th birthday.]

([ii]f) 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]i) An individual may contact any Division office for information about taking the examination.

([iv]ii) Falconry examinations are administered at any Division office by appointment only during business hours.

([v]iii) 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.

(vi) An individual that correctly answers at least 80 percent of the questions on the exam has up to 1 year from the exam date to submit application for a falconry COR.

(vii) An individual may only attempt the falconry exam three times in a calendar year.

([c]g) An applicant's facilities and equipment must pass inspection by the Division under R657-20-6 before a falconry COR can be issued.

(2) Possession of Raptors at the Apprentice Class .

(a)[An Apprentice Class falconer may take or possess for falconry ]

[(i) Any wild-caught passage age raptor or captive-bred, or hybrid raptor species of the Order Accipitriformes, Falconiformes or Strigiformes with the following exceptions:

(3) The hybrid raptor cannot be the result of a cross involving any species listed in Section 10.13 of 50 CFR 21 (Federal Migratory Bird Treaty Act)

(i)] An Apprentice Class falconer may not take or possess :

(i) any raptor taken from the wild as an eyas;

(ii) any federally listed threatened or endangered species;

(iii) any wild caught, captive-bred, or hybrid eagles;

[(ii) An Apprentice Class falconer may not take or possess federally listed threatened or endangered species;

(iii) An Apprentice Class falconer may not take or possess any wild-caught species listed as a national Species of Conservation Concern by the Service; ]

(iv) any wild-caught species taken in Utah when that bird is listed as a Bird of Conservation Concern ("BCC") by the Service for the Bird Conservation Region ("BCR") area where it is taken, as depicted on the Division's website at utah.falconry.gov;

[(b) 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.]

(v) any hybrid raptor; or

(vi) any imprinted raptor.

(b) If not otherwise prohibited by R657-20-9(2)(a), an Apprentice Class falconer may take or possess any passage age raptor that is wild-caught, captive-bred, or acquired through legal transfer listed below:

(i) Northern Harrier ( Circus cyaneus );

(ii) Sharp-shinned Hawk ( Accipiter striatus );

(iii) Cooper's Hawk (Accipiter cooperii);

(iv) Northern Goshawk (Accipiter gentilis);

(v) Harris's Hawk (Parabuteo unicinctus);

(vi) Common Black-Hawk (Buteogallus anthracinus);

(vii) Red-tailed Hawk (Buteo jamaicensis);

(viii) Rough-legged Hawk (Buteo lagopus);

(ix) Ferruginous Hawk (Buteo regalis);

(x) American Kestrel (Falco sparverius);

(xi) Merlin (Falco columbarius);

(xii) Prairie Falcon ( Falco mexicanus );

(xiii) Gyrfalcon ( Falco rusticolus) ;

(xiv) Peregrine Falcon ( Falco peregrines ), except an Apprentice may only possess non-imprint Peregrine Falcons; and

(xv) Great Horned Owl ( Bubo virginianus ).

(c) An Apprentice Class falconer may possess no more than one (1) raptor for use in falconry.

(c) Another falconry permittee may capture a wild raptor in compliance with R657-20-13 and transfer the raptor to an Apprentice Class falconer [as provided in R657-20-15.

(d) An Apprentice Class falconer may not take or possess a raptor taken from the wild as an eyas.

(e) An]if the Apprentice Class falconer may [not]lawfully possess [an imprint]that raptor.

 

R657-20-10. Apprentice Class Sponsor.

(1) Applicants for an Apprentice Class falconry COR must have a sponsor to mentor and assist the Apprentice Class falconer[, as necessary,] in the following activities:

(a) [Husbandry]husbandry and training of raptors held for falconry;

(b) [Relevant]relevant wildlife laws and regulations[,]; and

(c) [Determining]determining what species of raptor is appropriate for the Apprentice to possess.

(2) 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.

(3) Requirements of an Apprentice Class Sponsor.

(a) Any person sponsoring an [apprentice]Apprentice under the age of 18, other than the minor's parent or legal guardian, must be approved in writing by the minor's parent or legal guardian and submitted to the Division before being designated as the minor's sponsor; and

(b)[A](i) a sponsor must be a Master Class Falconer who holds a valid Utah Falconry COR[,]; or

([i]ii) [Be]be a General Class Falconer who is at least 18 years of age, has no less than two (2) years experience at the General Class falconer level, and who holds a valid Utah falconry COR.

(4) Unless approved in writing by the Division [in writing]director or designee, the sponsor cannot reside:

(a) [Greater]greater than a 100 mile distance from the Apprentice; or

(b) [Outside]outside of Utah[.]so long as the falconer has a valid falconry permit at the General or Master Class level.

(5)(a) Apprentice Class falconers that change or terminate sponsors must notify the Division in writing and provide a letter from the new sponsor showing compliance with the requirements listed in R657-20-10(3) and (4).

([a]b) In the event sponsorship is terminated, the holder of an Apprentice Class falconry COR must notify the Division and obtain a new sponsor within 30 calendar days of termination.

 

R657-20-11. 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]b) 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]c) The parents or legal guardian of a minor General Class falconer under the age of 18 are legally responsible for the activities of their child.

([b]d) New General Class applicants must submit a request for class upgrade to the Division in writing or via email at [e-mail], 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]falconer level or equivalent for at least two (2) years, including maintaining, training, flying, and hunting raptors for at least four (4) months in each separate 12-consecutive month period.

(i) For purposes of this Subsection, two (2) years means two (2) separate 12-consecutive month periods, beginning when the COR is issued.

(ii) A General Class applicant may not substitute any falconry school program or education to shorten the minimum period of two (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 two (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 not take or possess[any eyas or passage age wild-caught raptor, ]:

(i) any federally listed threatened or endangered species, unless otherwise authorized by a federal take permit; or

(ii) any wild caught, captive-bred, or hybrid Bald Eagle, Golden Eagles, White-tailed Eagle or Stellar's Sea-eagle.

(b) A General Class falconer [may]wishing to possess [captive-bred, or hybrid raptor species of the Order Accipitriformes, Falconiformes or Strigiformes with the following exceptions]any of the following raptors must first obtain an authorization from the Division by providing the information required in R657-20-12(2)(d)(i) and (ii):

(i) [A General Class falconer may not take or possess eagles;]Bonelli's Eagle (Aquila fasciata);

(ii) [A General Class falconer may take or possess or any wild-caught species listed as a national Species of Conservation Concern by the Service .]Steppe Eagle (Aquila nipalensis);

(iii) Tawny Eagle (Aquila rapax);

(iv) African Hawk-Eagle (Aquila spilogaster);

(v) Verreaux's Eagle (Aquila verreauxii);

(vi) Crested Hawk-Eagle (Nisaetus cirrhatus);

(vii) Mountain Hawk-Eagle (Niseatus nipalensis);

(viii) Martial Eagle (Polemaetus bellicosus);

(ix) Harpy Eagle (Harpia harpyja); and

(x) Eurasian Eagle-Owl (Bubo bubo).

(c) A General Class falconer may possess no more than three (3 wild-caught eyas[ or], passage, or haggard 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.].

R657-20-12. Master Class Falconer.

(1) Master Class falconer requirements.

(a) Applicants for a Master Class falconry COR must have five (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, ["]five (5) years of experience["] means maintaining, training, flying, and hunting the raptor(s) for at least four (4) months in each of five (5) separate 12-month periods, beginning when the COR is issued.

(ii) Evidence that the applicant has had a valid General Class level falconry license or permit in another state for at least five (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 not take or possess:

(i) any federally listed threatened or endangered species, unless otherwise authorized by a federal take permit; or

(ii) any wild[-] caught[eyas or passage age], captive-bred[raptor, or hybrid raptor species of the Order Accipitriformes, Falconiformes or Strigiformes with the following exceptions:], or hybrid Bald Eagles.

[(i) A Master Class falconer may not take or possess a bald eagle (Haliaeetus leucocephalus )]

[(ii) A Master Class falconer may take or possess any wild-caught species listed as a national Species of Conservation Concern by the U. S. Fish and Wildlife Service]

(b) A Master Class falconer may take [and possess a golden eagle only if the qualifications set forth parting Subsection (2)(d) below are met. ]or possess aGolden Eagle (Aquila chrysaetos), if:

(i) the bird is obtained through legal transfer or is wild-caught from a livestock or wildlife depredation area described in R657-20-13(15); and

(ii) the falconer satisfies the conditions found R657-20-12(d).

(c)(i) 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]ii) A Master Class falconer may possess any number of captive-bred raptors, provided:

(A) [Approved]approved facilities are available for the number of birds possessed; and

(B) [The]all captive-bred raptors [must be]in possession are trained and used in the [pursuit of wild game and used for hunting.]sport of falconry.

(d) A Master Class falconer [must]may obtain an authorization from the Division to possess [an eagle for use in falconry pursuant to R657-20-13;

(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 Golden Eagle, White-tailed Eagle, Stellar's Sea-eagle, or other species listed in R657-20-11(2)(b) by providing the following:

([A]i)[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[.]; and

([B) At]ii) at least two (2) 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). ]Ferruginous Hawks, Northern Goshawks, or Great Horned Owls addressing:

([I) Each reference letter must contain]A) 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[.]; and

([II) Each reference letter must also assess]B) the Master Class [Falconer]falconer's ability to care for [eagles]the species listed in R657-20-11(2)(b) and fly them in falconry.

 

R657-20-13. Acquiring Raptors for Falconry.

(1) Licensed falconers wishing to take raptors from the wild for falconry must purchase a Raptor Capture Permit from the Division.

([a]2) A Raptor Capture Permit is valid for one (1) wild raptor authorized for possession in accordance with the restrictions and limitations of this rule.

(3) A licensed falconer may not take more than two (2) raptors from the wild each calendar year for falconry purposes.

([b]4) Raptor Capture Permits are non-transferable and non-assignable and can only be used by the person specified on the permit[. However], except another person can assist the permit holder pursuant to Section R657-20-15.

([c]5) 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 wild raptor.

([2]6)(a) On an annual basis, the [falconry]Falconry Program Coordinator shall determine the available take of peregrine [falconers]falcons and [raptors]raptor species listed on the most recent edition of the Utah [sensitive species list.]Sensitive Species List.

([a]b) Notice of any limitations on the take of Peregrine Falcons and sensitive [raptors]raptor species shall be available by February 1 of each year and posted on the Division's website.

(c) The application period for take of Peregrine Falcons and sensitive raptor species is the first business day in February though the last business day in March.

([b]d) If the number of applications received exceeds the available take, then the Division will conduct a drawing for each species.

[(c) An individual may only draw once every 2 years to take peregrine falcons, sensitive raptor species, and nonresident legal raptors. ]

[(i) If the number of applications received is less than the available take, then the 2 year restriction is waived, and the remaining take will be made available to resident and nonresident falconers of the appropriate class on a first-come first-served basis.]

[(3) A licensed falconer may not take more than 2 raptors from the wild each calendar year for falconry purposes.]

(e) Individuals who draw a capture permit for a given species are placed on a one (1) year waiting period.

(f) Individuals on a waiting period may still apply in a drawing, be placed in the drawing order, and receive a capture permit if all applicants not on a waiting period have been given the opportunity to accept an available capture permit.

([a]7) Haggard age raptors may not be taken from the wild for falconry, with the exception that General and Master Class falconers may take a haggard American Kestrel from the wild between August 15th and February 15th annually.

([b]8) Any raptor taken from the wild for falconry is considered 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]9) 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]10) A permittee may not purchase, sell, trade, or barter a wild raptor.

[(4) Resident Take of Wild Raptors ]

([a]11) While trapping, falconers shall not retain and transport more than one (1) captured wild raptor per capture permit.

([5]12) Taking of wild raptors is prohibited within the boundaries of all National and State Parks in Utah .[

(6)](13)(a) A raptor [may]must be taken from the wild [by]using traps or nets that minimize the potential of physical injury and unnecessary stress to the raptor[.

(a) Examples of acceptable devices are the], including, but not limited to 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.

([7]14) A raptor taken from the wild may be transferred to another permittee under the following conditions:

(a) The captured raptor will count as one (1) of the raptors allowed for take from the wild in the calendar year it was taken by the capturing falconer; and

(b) The transferred wild raptor will not count as a capture by the recipient.

([8]15) (a) A permittee may not intentionally capture wild raptor species for falconry that their classification as a falconer does not allow them to possess.

([a]b) If a permittee captures a wild raptor he or she is not allowed to possess, it must be released immediately.

([9]16) A General or Master Class falconer may take no more than one (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 only if a federal endangered species permit is obtained before taking the bird.

(17)(a)[(10)] A General or Master Class falconer may take eyas raptors from a nest or aerie only during the seasons specified for taking eyas raptors in Subsection ([12]19).

([a]b) At least one (1) young must be left in any nest or aerie from which an eyas is taken.

([b]c) Removal of young is prohibited from a nest or aerie that contains only one [eyas.]

[( c) An eyas may not be removed from its aerie prior to 10 days of age.](1) eyas.

[(d) Aeries may not be entered when young are 28 days or more of age.]

([11]18) 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]19).

([12]19) Periods for Allowable Take [Of]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 Accipitriform and Falconiform species , except [peregrine falcon ( Falco peregrinus ) and golden eagle ( Aquila chrysaetos )]Peregrine Falcon and Golden Eagle, may be taken January 1 through December 31.

[(i) The peregrine falcon take season begins annually on May 1st and ends on August 31st.]

([ii]c) Notwithstanding Subsection ([12]19)(b):

([A]i) Passage age raptors that fledged from the prior year may not be taken after March 1st; and

([B]ii) Passage age [gyrfalcons (Falco rusticolus)]Gyrfalcons may be taken at any time.

(d) The Peregrine Falcon take season begins annually on May 1st and ends on August 31st.

(i) A Peregrine Falcon eyas may not be removed from its aerie prior to 10 days of age.

(ii) Peregrine Falcon aeries may not be entered when young are 28 days or more of age.

([c]e) Licensed falconers may take any raptor from the wild [that]if take is authorized under this rule [for take]and possession is authorized for their class level.

(f)(i) A wild caught raptor, except Peregrine Falcon, 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[;]. Banded Peregrine Falcons must be promptly released and reported to the Federal Bird Banding Laboratory at www.reportband.gov.

(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) 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.

(iv) 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 www.reportband.gov or 1-800-327-2263.

([13]20) Nonresident Take of Wild Raptors.

(a) A nonresident falconer may not take any raptor from the wild without first obtaining a Nonresident Raptor Capture Permit from the Division.

(b) 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.

(c) Nonresident take of raptors is subject to all other applicable regulations set forth in this rule.

([14]21) Special provisions for take of wild peregrine falcons.

(a) Only General and Master Class falconers [only ]may take wild eyas or passage age peregrine falcons as provided in this rule.

([b]e) The areas open for taking eyas and passage age peregrine falcons will be designated annually by the [Falconry Program Coordinator. ]Division Director or designee.

([c]f) [A peregrine falcon]A Peregrine Falcon that is marked with a with a Federal Bird Banding Laboratory aluminum band and/or 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] and reported within five (5) business days to the Federal Bird Banding Laboratory [(1-800-327-2263) within 5 business days of the date of capture. ]at www.reportband.gov.

([15]22) Special provisions for take of wild [golden eagles ]Golden Eagles.

(a) A Master Class falconer with a COR to take [golden eagles]Golden Eagles may [take]possess no more than three (3) from the wild, subject to the requirements in [federal statute ]50 CFR 21 and Section R657-20-[12(2)(c). ]12.

(b)(i) A Master Class Falconer that is authorized to take [golden eagles]Golden Eagles may take no more than two [golden eagles](2) Golden Eagles from the wild in any calendar year and only in a livestock or wildlife depredation area during the time the depredation area declaration is in effect.

([A]ii) The establishment, boundaries, and duration of a livestock or wildlife depredation area in Utah are [declared]as determined by U.S.D.A. Wildlife Services and the U. S. Fish and Wildlife Service in Lakewood, CO, or on request by the Governor to the Director of the Service (50 CFR 22.31).

([ii]iii) A Master Class falconer authorized to take [golden eagles]Golden Eagles for use in falconry may capture an immature or subadult [golden eagle]Golden Eagle only in a livestock or wildlife depredation area during the time the depredation area is in effect in Utah.

([A]iv) A Master Class Falconer may capture a nesting adult [golden eagle]Golden Eagle, or take an eyas from its nest, in a livestock or wildlife 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 or wildlife.

([B]v) A government employee who has trapped a [golden eagle]Golden Eagle under Federal, State, or tribal permit may transfer the eagle to a Master Class falconer that is authorized to possess [golden eagles]Golden Eagles if the eagle cannot be released in an appropriate location.

([iii]vi) A Master Class Falconer authorized to take a [golden eagle]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 or wildlife depredation area in Utah and comply with the provisions of 50 CFR 21.29(e)(3)(ii)(E) regarding notification of law enforcement prior to initiating trapping activities.

([A]vii) The Division does not provide livestock or wildlife depredation area information.

([B]viii) The Master Class falconer must have permission from the private landowner to capture a [golden eagle]Golden Eagle on private lands.

([16]23) Other special provisions for obtaining raptors for falconry

(a) A permittee may receive assistance from another individual in capturing a wild raptor, but the permittee must be present at the capture site.

(b) Regardless of the assistance of another person in capturing a wild raptor:

(i) The permittee is always considered to be the individual who removes the bird from the wild; and

(ii) [the]The permittee is legally responsible for complying with the reporting requirements for capturing a raptor from the wild, as provided in Subsection (1).

(c)(i) 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.

([i]ii) The impaired permittee is legally responsible for complying with the reporting requirements for capturing a raptor from the wild, as provided in Subsection (1).

([ii]iii) The raptor will count against the take of wild raptors that the impaired permittee is allowed in any year.

([iii]iv) The raptor will not count as one (1) of the two [replacement](2) raptors the General or Master Class falconer who offers assistance is allowed to capture in any year.

([iv]v) The raptor will not count as being taken from the wild by the permittee acting on behalf of the impaired permittee.

(d) 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.

(e) A permittee may transfer a wild-caught raptor to another permittee who is legally authorized to possess the raptor, provided there is no pecuniary consideration for the transfer.

([i]f) The number of wild caught or captive-bred raptors transferred to a permittee may not exceed the established possession limit for each permit class.

([f]g) (i) A licensed falconer may acquire directly from a rehabilitator a raptor of any age or species that the falconer is permitted to possess.

([i]ii) A wild raptor acquired for falconry from a rehabilitator will count as one (1) of the raptors the falconer is allowed to take from the wild that calendar year.

 

R657-20-14. Raptors Injured Due to Falconer Trapping Efforts.

(1) Falconers that injure a raptor during trapping efforts are responsible for the costs of care and rehabilitation of the injured raptor.

([a]2) An injured raptor retained by the permittee must be placed on the permittee's falconry permit.

([b]3) The injured raptor must be treated by a veterinarian or a permitted wildlife rehabilitator.

([c]4) The injured raptor must be immediately transported to a veterinarian, a permitted wildlife rehabilitator, or an appropriate wildlife agency employee.

([d]5) The injured raptor will not count against the permittee's allowed take or the permittee's possession limit.

 

R657-20-15. Recapture of Falconry Raptors.

(1) A falconry raptor that has been lost may be recaptured at any time without the need to purchase a Raptor Capture Permit.

(2) Recapture of [a lost or]an escaped ["wild" ]raptor is not considered to be the taking of a raptor from the wild.

(3) 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.

(4)(a) 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.

([a]b) A recaptured falconry raptor must be returned to the permittee who lost it if that individual may legally take possession.

([i]c) 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 Director or designee.

([ii]d) 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.

 

R657-20-16. Flying a Hybrid Raptor in Falconry.

(1) When flown free, a hybrid raptor must have at least two (2) attached radio transmitters for tracking.

 

R657-20-17. Hacking of Falconry Raptors and other Training Techniques.

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

(2) Raptors at hack count against possession limits and must be a species authorized for possession.

(3) Hybrid raptors at hack must have two (2) attached and functioning radio transmitters.

(4)(a) Raptors [are]may not to be released [at]to 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 Service.

(5) The Division must be notified prior to hacking a falconry raptor.

(6) 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 , so long as those activities otherwise comply with Titles 4 and 23 of Utah Code.

 

R657-20-18. Permission to Conduct Falconry Activities on Public or Private [lands.]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.

(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]State Parks.

(5) Unless specifically authorized by the U.S. Fish and Wildlife Service, practicing the sport of falconry on National Wildlife Refuges is prohibited.

 

R657-20-19. 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]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 Service or the Division.

 

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

(1)(a) 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]b) 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) 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]b) 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]c) The falconry or captive-bred band must be removed and release of the bird reported to the Division in accordance with Section R657-20-21.

(3) (a) 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]b) If the raptor is banded, the band must be removed and release of the bird reported to the Division in accordance with Section R657-20-21.

 

R657-20-21. Reporting Requirements.

(1) All activities, including wild take, acquisition, transfer, exchange, band[/] or reband or microchip implant, loss [(]of bird if not recovered within 30 days[)], recapture, injuries, and theft of any falconry raptor must be reported to the Division within 10 business days of the date of the event, as follows:

(a) Submit to the Division a completed paper Form 3-186a by mail or email at [e-mail]; and

(b) Enter the required information in the electronic database located at [http://permits.fws.gov/186A ]http://permits.fws.gov/186A if it is functional.

(2) 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 five (5) years after the given transaction or event has taken place.

(3)(a) Date of capture, sex of the raptor, and location of the capture in UTM or latitude/longitude must be recorded on the Raptor Capture Permit for all species.

([a]b) Nest locations are held for use by the Division['s sensitive species biologists and will not be made available to the public. ] and are subject to state records laws.

(4) [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 report form.

([b) Each resident falconer must complete the annual report and return the report]5) All Resident falconers holding a valid falconry COR must submit a completed falconry Annual Report to the Division by [the following ]January [31.]31 of each year.

 

R657-20-22. Unintentional Take of Protected Wildlife 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 48 hours of the take event.

(3) Unintentional take of any Utah protected wildlife must be reported to the Division within 48 hours of the take event.

 

R657-20-23. Banding or Tagging Raptors Used in Falconry.

(1) (a) A falconer who has captured or acquired a wild [northern goshawk]Northern Goshawk, wild Harris's hawk[(Parabuteo unicinctus)], wild [peregrine falcon]Peregrine Falcon, or wild [gyrfalcon]Gyrfalcon must band the raptor with a permanent, nonreusable, black-colored numbered Service leg band.

([a]b) A falconer must contact the Division for information on obtaining and disposing of bands.

([b]c) 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.

(d) New and replacement band or any required microchip information must be reported to the Division pursuant to Section R657-20-21.

(2)(a) Raptors bred in captivity must be banded with a Service seamless metal band described in 50 CFR 21 Section 21.30, or plastic, numbered Service yellow band.

([a]b) Unbanded raptors, or black, or yellow banded raptors may not be sold, traded or bartered in any way.

([b]c) 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]d) 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]e) New and replacement band or any required microchip information must be reported to the Division pursuant to Section R657-20-[24. ]21.

(3)(a) 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 pursuant to Section R657-20-21 and a replacement band requested.

([a]b) Immediately upon rebanding the raptor, the required information must be submitted to the Division pursuant to Section R657-20-[21]21.

(4) A band may not be altered, defaced, or counterfeited.

(5)(a) Exemptions for banding of raptors will be considered on a case-by-case basis[, as follows:

(a) Documented]if there are 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]may be replaced with an ISO-compliant microchip.

([i]d) Substituting a microchip for a band on a wild [goshawk]Goshawk, wild Harris's [hawk]Hawk, wild [peregrine falcon]Peregrine Falcon, or wild [gyrfalcon]Gyrfalcon will not be authorized unless it has been demonstrated that a band causes an injury or a health problem for the raptor.

 

R657-20-24. Importation Requirements for Residents and Nonresidents.

[(1) A person](1) If an individual possesses a falconry COR from the State of Utah for the possession of a raptor, that individual is not required to obtain [a special]any other COR from the Division to import a raptor brought into Utah from another state when the raptor is imported and used for falconry purposes[.] on a permanent basis.

([a]2) Importation of a raptor used for any purposes other than falconry is governed by Rule R657-3.

([b]3) A raptor imported into Utah is required to [have:]satisfy all import and health

[(i) A certificate of veterinary inspection from the state, tribe, or territory of origin; and

(ii) An entry permit number issued through]requirements of the Utah Department of Agriculture and Food, Animal Health Office[pursuant to R58-1-4. ].

([2]4) Any raptor brought into the state on a permanent basis must be reported to the Division pursuant to Section R657-20-[24]21.

 

R657-20-25. Falconry Meets or Trials.

(1) Falconers participating in falconry meets or trials must possess a valid falconry license and federal falconry permit, if applicable.

(2) A falconry meet license is not required for participation in a falconry trial.

(3) 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 Director or designee.

(4) 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. ]Division Director or designee to hold a falconry meet in Utah by submitting a written request to [e-mail].

(5) A nonresident entering Utah to participate in the sport of falconry at an organized meet must be 12 years of age or older and must obtain a nonresident falconry meet license or non-resident hunting license, if hunting protected wildlife.

(6) A non-resident falconry meet license may be obtained by completing an application and submitting the application and appropriate fees to the Division.

(7) A non-resident falconry meet license is valid only for nonresidents and only for [five]ten ([5]10) consecutive calendar days as designated on the license.

(8) The holder of a nonresident falconry meet license may engage in the sport of falconry on protected wildlife during the specified [five-]ten (10) day period in accordance with the [applicable proclamations of the Wildlife Board. ]provisions of this rule.

(9) A nonresident participating in an organized meet must [provide a health certificate and an entry permit number obtained from the Utah Department of Agriculture, Animal Health Section, on]meet the importation requirements in R657-20-24 for each raptor brought into the state.

 

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)(a) 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]d).

([a]b) Aluminum leg bands may be purchased at any Division office.

([b]c) The aluminum leg band or other permanent marking must remain attached to the pen-reared game bird.

([c]d) Each pen-reared game bird used on a commercial hunting area, as defined in R657-22, 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.

(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 trial, 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. Use of Feathers and Carcasses.

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

([a]b) 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]c) Feathers for imping purposes may be received from or provided to other licensed falconers, wildlife rehabilitators, or propagators in the United [states. ]States.

([ii]d) Licensed falconers may not buy, sell, or barter molted raptor feathers.

([b]e) Molted feathers from a falconry bird, except [golden eagle]Golden Eagle feathers, may be donated to any person or institution with a valid permit for possession.

([c]f) Except for primary or secondary wing feathers or rectrix (tail) feathers from a [golden eagle]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]g) Molted feathers may be left where they fall, stored for imping, or destroyed.

([ii)]h)(i) A licensed falconer possessing a [golden eagle]Golden Eagle must collect any molted flight feathers and rectrices.

([iii]ii) Collected [golden eagle]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, 6550 Gateway Road, Building 128, Commerce City, Colorado 80022 (303-287-2110).

([d]j) 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]k) 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]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, 6550 Gateway Road, 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]Golden Eagle, that was either banded or micro chipped prior to its death may be retained by the licensed falconer.

(d)(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]ii) The mounted raptor may be used in conservation education programs.

([B]iii) If the falconry raptor was banded, the band must be left in place on the mounted raptor body.

([C]iv) If the falconry raptor has an implanted microchip, the microchip must be left in place on the mounted raptor body.

([d]e) 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]f) 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] the feathers are not be bought, sold, or bartered; and

(ii)[The] the paperwork documenting lawful possession of the deceased raptor is retained.

 

R657-20-28. 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]Sharp-shinned [hawk]Hawk, Cooper's [hawk, merlin]Hawk, Merlin, or American [kestrel]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 Director or designee 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]c) In order to permanently transfer an injured raptor to a propagation permit, the falconer must provide the Division and the Federal [migratory bird permits office]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]d) 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]Migratory Bird Permits 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.

(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 and facilities.

(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 eight (8 ) months in a year.

([i]d) 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]b) A Federal education permit is not required to conduct conservation education activities using a falconry raptor held under a Utah falconry COR.

([ii]c) In order to permanently transfer an injured raptor to an education permit, the falconer must provide the Division and the Federal migratory bird permits office that administers education permits a certification from the treating veterinarian or rehabilitator stating that the raptor is injured and cannot be used in falconry.

([b]d) Conservation programs may be presented by an Apprentice Falconer who is accompanied by their General or Master Class sponsor.

([c]e) Raptors used to present conservation programs must primarily be used for falconry.

([d]f) A falconer may charge a fee for presentation of a conservation education program[.

(i) The], however the fee charged may not exceed the amount required to recoup costs of presenting the conservation education program.

([e]g) 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]h) (i) A falconer may not give presentations using a falconry raptor that do not address falconry and conservation education.

([g]ii) 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]b) A falconer may not be paid or otherwise compensated for such activities.

([b]c) 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:

(i) Commercial entertainment for advertisements;

(ii) [promoting]Promoting or endorsing any business, company, corporation, or other organization; or

(iii) [promoting]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 R657-20-6 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]Permit issued by the 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 Service.

 

KEY: wildlife, birds, falconry

Date of Enactment or Last Substantive Amendment: [April 23, 2013]2017

Notice of Continuation: December 6, 2016

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

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