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-shinned Hawk, Cooper's Hawk, Merlin, or American Kestrel; and

  (ii) 24 months from the date of capture for all other falconry raptors.

  (b) The time periods imposed in Subsection (1)(a) for transferring a wild-caught falconry raptor to a person authorized to possess raptors for propagation purposes may be waived by the Division 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.

  (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 that administers propagation permits a certification from the treating veterinarian or rehabilitator stating that the raptor is injured and cannot be used in falconry.

  (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 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.

  (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.

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

  (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.

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

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

  (f) A falconer may charge a fee for presentation of a conservation education program, however the fee charged may not exceed the amount required to recoup costs of presenting the conservation education program.

  (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.

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

  (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.

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

  (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 or endorsing any business, company, corporation, or other organization; or

  (iii) Promoting or endorsing any product, merchandise, good, service, meeting, or fair, except for products related directly to falconry, such as hoods, telemetry equipment, giant hoods, perches, and materials for raptor facilities.

  (6) Assisting in rehabilitation of raptors in preparation for release.

  (a) A General or Master Class Falconer may assist a permitted migratory bird rehabilitator in conditioning raptors in preparation for their release to the wild.

  (i) The falconer may keep the raptor being rehabilitated in their facilities up to 180 calendar days.

  (ii) The rehabilitator must provide the falconer with a letter or form that identifies the raptor and explains that the falconer is assisting in the rehabilitation of the raptor to be released.

  (iii) Facilities where the raptor will be temporarily housed must adhere to standards outlined in Sections R657-20-6 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 falconry raptors in abatement activities.

  (a) Abatement activities may only be conducted with captive bred raptors.

  (b) A Master Class falconer may conduct abatement activities with raptors possessed for falconry and receive compensation for such activities, if the falconer is in possession of a Special Purpose Abatement Permit issued by the 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.