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.

  (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.

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

  (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.

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

  (b) Notice of any limitations on the take of Peregrine Falcons and sensitive 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.

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

  (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.

  (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 15^th and February 15^th annually.

  (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.

  (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.

  (10) A permittee may not purchase, sell, trade, or barter a wild raptor.

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

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

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

  (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.

  (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.

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

  (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) 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 (19).

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

  (c) Removal of young is prohibited from a nest or aerie that contains only one (1) eyas.

  (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 (19).

  (19) Periods for Allowable Take of Raptors From the Wild.

  (a) Eyas or passage age raptors of any allowable Strigiform species may be taken from March 1 through November 30.

  (b) Eyas or passage age raptors of any allowable Accipitriform and Falconiform species, except Peregrine Falcon and Golden Eagle, may be taken January 1 through December 31.

  (c) Notwithstanding Subsection (19)(b):

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

  (ii) Passage age 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.

  (e) Licensed falconers may take any raptor from the wild if take is authorized under this rule 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 research transmitter attached to it must be promptly reported to the Federal Bird Banding Laboratory at www.reportband.gov or 1-800-327-2263.

  (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.

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

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

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

  (f) 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 and reported within five (5) business days to the Federal Bird Banding Laboratory at www.reportband.gov.

  (22) Special provisions for take of wild Golden Eagles.

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

  (b)(i) A Master Class Falconer that is authorized to take Golden Eagles may take no more than two (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.

  (ii) The establishment, boundaries, and duration of a livestock or wildlife depredation area in Utah are 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).

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

  (iv) A Master Class Falconer may capture a nesting adult 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.

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

  (vi) A Master Class Falconer authorized to take a Golden Eagle for falconry must contact USDA, Wildlife Services or the U. S. Fish and Wildlife Service in Lakewood, CO to determine the establishment and location of a livestock 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.

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

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

  (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 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.

  (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).

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

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

  (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.

  (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.

  (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.

  (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.