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.

  (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 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:

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

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

  (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 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, 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 or the Order Strigiformes and hybrids thereof unless defined otherwise in this rule.

  (bb) "Reasonable time of day" for inspections or other business at a falconers facilities refers to hours the Division is open for business, or some other prearranged time between the falconer and the Division representative.

  (cc) "Service" means the U.S. Fish and Wildlife Service.

  (dd) "Take" means to hunt, pursue, harass, catch, capture, possess, angle, seine, trap or kill any protected wildlife, or attempt any such action.

  (ee) "Transport" means to ship, carry, export, import, receive or deliver for shipment, conveyance, carriage, exportation or importation.

  (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, those species defined by R657-6 and R657-9.

  (hh) "Weathering Area" 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. Animals that are domesticated 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.