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 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 Code of Federal Regulations 50 CFR 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 matters pertaining to the practicing of falconry are 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 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.

  (b) A permittee whose falconry COR has been suspended may reapply for a 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.