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 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.

  (c) The Division may impose additional requirements regarding the safe and humane handling and care of raptors that are necessary to ensure the birds are maintained in 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, including domestic as well as wild animals, inhumane treatment, and other undue disturbances.

  (b) Request for a facilities inspection must be made by 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.

  (ii) Inspections must be conducted in the presence of the applicant.

  (iii) In the course of this inspection, the Division representative may collect photographs of the facilities to keep on file with the falconer's 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 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.

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

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

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

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

  (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].

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

  (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) A mews shall:

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

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

  (iii) have walls and ceiling that may be solid, barred, or covered with heavy duty netting, so long as any openings are narrower than the width of the body of the smallest raptor 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,

  (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

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

  (ii) Acceptable indoor facilities may include shelf perch enclosures where raptors are tethered side by side.

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

  (c) A place of residence as a mews.

  (i) 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.

  (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 flight chamber must be fully enclosed;

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

  (D) if bars, 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;

  (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;

  (iii) covered and have at least one (1) covered perch to protect a raptor from predators and weather;

  (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.

  (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.

  (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.

  (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.

  (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.