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The Utah Administrative Code is the body of all effective administrative rules as compiled and organized by the Division of Administrative Rules (Subsection 63G-3-102(5); see also Sections 63G-3-701 and 702).

NOTE: For a list of rules that have been made effective since December 1, 2009, please see the codification segue page.

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Rule R657-20. Falconry.

As in effect on December 1, 2009

Table of Contents

R657-20-1. Purpose and Authority.

Under authority of Section 23-17-7 and in accordance with 50 CFR 21, 2000 ed., which is incorporated by reference, this rule provides the requirements and procedures for possessing and using raptors for falconry.

R657-20-2. Possession of Raptors.

(1) Possession of any raptor, raptor egg, shell fragment, semen, or any raptor part without a federal falconry permit and a valid Falconry Certificate of Registration, license or Form 3-186A is prima facie evidence that the raptor, raptor egg, shell fragment, semen, or raptor part was illegally taken and is illegally held in possession.

(2) The only species of raptor that may be possessed, transported, or used for falconry are:

(a) raptors of the subfamily Accipitrinae, other than the Bald Eagle(Haliaeetus leucocephalus);

(b) raptors of the subfamily Falconinae; and

(c) Great Horned Owl (Bubo virginianus) and captive-bred Eurasian Eagle-owl (Bubo bubo) of the family Strigidae.

R657-20-3. Definitions.

(1) Terms used in this rule are defined in Section 23-13-2 and Rule R657-6.

(2) In addition:

(a) "Bird Banding Laboratory band" means a permanent, numbered, silver, aluminum band.

(b) "Eyas" means a young raptor not yet capable of sustained flight such as a nestling or fledgling.

(c) "Falconry" means the sport of taking quarry by means of a trained raptor.

(d) "Form 3-186A" means the Migratory Bird Acquisition and Disposition Report form.

(e) "Imping" means to graft feathers to repair damage or to increase flying capacity.

(f) "Marker or band" means a numbered band issued by the Service which, when affixed to a raptor's leg, identifies an individual raptor.

(g) "Meet" means an organized falconry event where protected wildlife may be taken.

(h) "Passage bird" means a first-year raptor capable of sustained flight.

(i) "Quarry" means any live animal.

(j) "Raptor" means a bird of the families Accipitridae, Falconidae, Tytonidae, or Strigidae.

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

(l) "State Forms" means annual reports and completed Raptor Capture permits.

(m) "Take" means to:

(i) hunt, pursue, harass, catch, capture, possess, angle, seine, trap or kill any protected wildlife; or

(ii) attempt any action referred to in Subsection (i).

(n) "Trial" means an organized falconry event where only coyote, field mouse, gopher, ground squirrel, jackrabbit, muskrat, raccoon, European Starling (Sturnella neglecta), House Sparrow (Passer domesticus), or Rock Pigeon/feral pigeon (Columba livia) may be taken.

R657-20-4. Federal Requirements.

(1) A federal falconry permit is required before any person may take, possess, transport, sell, purchase, barter, or offer to sell, purchase, or barter raptors for falconry purposes.

(2) Applications for a federal falconry permit may be obtained from, and submitted to the U.S. Fish and Wildlife Service, Migratory Bird Permit Office, P.O. Box 25486, Denver Federal Center (60154), Denver, CO. 80225- 0486.

(3)(a) A federal falconry permit issued or renewed under 50 CFR 21.28 expires on the date designated on the face of the permit unless amended or revoked, but the term of permit shall not exceed three years from the date of issuance or renewal.

(b) Applicants for renewal of a federal falconry permit must submit a written application at least 30 days prior to the expiration date of the permit.

R657-20-5. Resident Certificate of Registration Application.

(1) A resident applying for or renewing a Falconry Certificate of Registration shall:

(a) submit a completed falconry application to the division; and

(b) include the certificate of registration fee.

(2) At the time of renewal, the current Falconry Certificate of Registration and a federal falconry permit number must be submitted on the falconry application.

R657-20-6. Apprentice Class Falconer.

(1) An apprentice class falconer shall be:

(a) 14 years of age or older; and

(b) sponsored by a general or master class falconer for the first two years of apprenticeship.

(2) An apprentice obtaining their first Falconry Certificate of Registration must answer correctly at least 80 percent of the questions on a supervised examination provided and administered by the division, relating to basic biology, care and handling of raptors, literature, laws, rules, regulations, and other appropriate subject matter.

(3) If necessary, the examination may be taken again after a 14 calendar-day waiting period.

(4) A person may not take the falconry exam earlier than two months before that person's 14th birthday.

(5) The sponsor shall provide advice for facilities and equipment construction, trapping the first season, training the raptor, and all other activities that will promote adequate care and good health for the raptor and safety for the apprentice. A sponsor may not have more than three apprentices at one time.

(6) In the event sponsorship is terminated, the holder of an apprentice Falconry Certificate of Registration must obtain a new sponsor within 30 calendar days of termination.

(7) The division must be notified in writing concerning the change in sponsor. The sponsor's name, state, Falconry Certificate of Registration and federal falconry permit number must be included in the notification.

(8) An apprentice may not:

(a) possess more than one raptor for falconry; and

(b) obtain more than one raptor for replacement during any 12-month period from the date of the first capture.

(9) An apprentice may possess only an American Kestrel (Falco sparverius) or a Red-tailed Hawk (Buteo jamaicensis), which must be taken from the wild as a passage bird by the apprentice during the passage season.

(10) Re-examination and facilities inspection will be required of any applicant who has not held a Falconry Certificate of Registration or license for two consecutive years.

(11)(a) Requests for class upgrades must be submitted to the division in writing.

(b) Failure to comply with the rules and regulations of the Wildlife Board may result in the denial of an upgrade.

R657-20-7. General Class Falconer.

(1) A general class falconer shall:

(a) be 18 years of age or older;

(b) show proof of having a valid Falconry Certificate of Registration for at least 24 months; and

(c) have at least two years of sponsor-verified experience caring for, training, or hunting with raptors at the apprentice level or its equivalent;

(i) For purposes of this section, "two years of experience" means at least four months caring for, training, or hunting with raptors in each of two different 12-month periods.

(2) Evidence that the applicant has had a valid raptor license or permit in another state for at least 24 consecutive months may be substituted for the apprentice Falconry Certificate of Registration requirement.

(3)(a) Verification of the two-year experience requires a letter from the sponsor that details the applicant's progress in falconry and qualifications for upgrade; and

(b) the appropriate federal Form 3-186A and state forms indicating experience caring for raptors.

(4) A general class falconer may not:

(a) possess more than two raptors for falconry; and

(b) obtain more than two raptors taken from the wild for replacement birds during any 12-month period from the date of first capture; or

(c) take, transport, or possess a Golden Eagle (Aquila chrysaetos) or any species listed as threatened or endangered in 50 CFR 17.

(5)(a) Facilities inspection will be required of any applicant who has not held a Falconry Certificate of Registration or license for two consecutive years.

(b) Re-examination will be required of any applicant who has not held a Falconry Certificate of Registration or license for five consecutive years.

(6)(a) Requests for class upgrades must be submitted to the division in writing.

(b) Failure to comply with the rules and regulations of the Wildlife Board may result in the denial of an upgrade.

R657-20-8. Master Class Falconer.

(1) A master class falconer shall:

(a) show proof of having a valid general class Falconry Certificate of Registration for at least 60 months; and

(b) have at least five years experience caring for, training, or hunting with raptors at the general class level or its equivalent.

(i) For purposes of this section, "five years of experience" means at least four months caring for, training, or hunting with raptors in each of five different 12-month periods.

(2) Verification of the five-year experience requires the appropriate federal Form 3-186A and state forms indicating experience caring for raptors.

(3) A master class falconer may not:

(a) possess more than three raptors for falconry;

(b) obtain more than two raptors taken from the wild for replacement birds during any 12-month period from the date of first capture; or

(c) take from the wild:

(i) more than one raptor listed as threatened in 50 CFR 17, in any 12-month period, as part of the three bird limitation, and then only in accordance with 50 CFR 17; or

(ii) any species listed as endangered in 50 CFR 17, but may transport or possess such species in accordance with 50 CFR 17.

(4) A master class falconer may not take from the wild, transport, or possess a Golden Eagle for falconry purposes unless authorized in writing under 50 CFR 22.24.

(5) A master class falconer may possess one Golden Eagle for falconry purposes pursuant to 50 CFR 22.24, Eagle Permits, and as provided in Subsections (i) through (ii).

(i) The registrant may not obtain or possess more than one Golden Eagle during a 12-month period; and

(ii) the Golden Eagle held by the registrant shall be included in the three-bird limitation of the master class falconer in accordance with 50 CFR 17.

R657-20-9. Facilities and Equipment.

(1) Before a person may obtain a Falconry Certificate of Registration, the raptor housing facilities and equipment shall be inspected by a division representative and must be certified as meeting the requirements of this section.

(2)(a) The primary consideration for raptor housing facilities whether indoor mews or outdoor weathering area is protection from the environment, predators, and undue disturbance.

(b) A person may not possess a raptor without either an indoor facility or an outdoor facility as provided in Section R657-20-10 and R657-20-11.

R657-20-10. Indoor Facilities.

(1) An indoor facility or mews must be large enough to allow easy access for caring for the raptor housed in the facility.

(2) If more than one raptor is to be kept in the mews, the raptors must be tethered or separated by partitions and the area for each raptor must be large enough to allow the raptor to fully extend its wings.

(3) There must be at least one window, protected on the inside by vertical bars, spaced narrower than the width of the raptor's body, and a secure door that can be easily closed.

(4) The floor of the mews must allow for easy cleaning and be well drained.

(5) Adequate perches must be provided to ensure the health, safety and protection of the raptor.

R657-20-11. Outdoor Facilities.

(1) Outdoor facilities or weathering areas must be fenced and covered with netting or wire, or roofed to protect the raptor from disturbance and attack by predators.

(2) The enclosed area must be large enough to ensure the raptor cannot strike the fence when flying from the perch.

(3) Protection from excessive sun, wind, and inclement weather must be provided for each raptor.

(4) Adequate perches must be provided to ensure the health, safety and protection of the raptor.

R657-20-12. Equipment.

The following items shall be in the possession of the applicant before a federal falconry permit or Falconry Certificate of Registration may be obtained:

(1)(a) At least one pair of Aylmeri jesses or similar type constructed of pliable, high quality leather or suitable synthetic material to be used when any raptor is flown free.

(b) Traditional one-piece jesses may be used on raptors when not being flown.

(2) At least one flexible, weather-resistant leash and one strong swivel of acceptable falconry design.

(3) At least one suitable container, two to six inches deep and wider than the length of the raptor, for drinking and bathing for each raptor.

(4) At least one weathering area perch of an acceptable design for each raptor.

(5) A reliable scale or balance suitable for weighing the raptor held and graduated to increments of not more than one-half ounce.

R657-20-13. Federal Form 3-186A.

A falconer may not take, purchase, receive, or otherwise acquire, sell, barter, transfer, or otherwise dispose of any raptor unless the falconer completes a federal Form 3-186A. The blue (State) copy of each completed Form 3-186 should be sent to the division within five calendar days of the transaction; the white copies (USFWS-Original and USFWS Copy) should be sent to the Service within five calendar days of the transaction; the falconer should keep the pink (Permittee) copy.

R657-20-14. Temporary Possession For Care.

(1)(a) A raptor possessed under authority of a Falconry Certificate of Registration may be temporarily held by a person other than the possessor of record for maintenance and care for a period not to exceed 30 calendar days.

(b) The raptor must be accompanied at all times by a copy of the properly completed federal Form 3- 186A or copy designating the falconer as the possessor of record and by a signed, dated statement from the falconer authorizing temporary possession.

(c) The temporary possessor must hold a valid Falconry Certificate of Registration in the appropriate class designation and have adequate facilities.

R657-20-15. Permanent Transfer.

A falconer may permanently transfer a raptor to:

(1) another falconer of appropriate class designation with a valid Falconry Certificate of Registration and adequate facilities; or

(2) a raptor propagator or special purpose possession permittee who has the appropriate certificates, licenses, permits and Form 3-186A.

R657-20-16. Purchase or Sale of Captive-Bred Raptors.

(1) Only general and master class falconers may purchase or sell captive-bred raptors.

(2) Before a captive-bred raptor is purchased or sold, bartered or gifted it shall be properly banded.

R657-20-17. Importation Requirements for Residents and Nonresidents.

(1)(a) A person is not required to obtain an importation certificate of registration to possess a raptor brought into Utah from another state when the raptor is to be used for falconry purposes.

(b) A raptor used for any purpose other than falconry is governed by Rule R657-3.

(2) If any raptor is brought into the state on a permanent basis, the band number must be presented to the division within five business days of the arrival of the raptor into the state.

(3) A raptor brought into the state for any purpose is governed by Rule R58-1-4.

R657-20-18. Nonresidents Establishing Residency.

(1) A falconer may not claim residency in more than one state or possess a resident falconry license or Falconry Certificate of Registration from more than one state.

(2) A nonresident falconer entering the state to establish residency may possess legally obtained raptors during the six-month domicile period while establishing residency.

(3) A copy of the previous state's valid falconry license, a current federal falconry permit number, a valid health certificate and the band number of the raptor held in possession must be presented to the division upon entering the state.

(4) The falconer must have the proper facilities and equipment. A facilities inspection is required.

(5) If the raptor is to be flown or exercised during the six-month domicile period, a valid falconry license from the previous state and a current federal falconry permit are required.

(6) If the raptor is to be used for falconry during the six-month domicile period, a valid falconry license from the previous state, a current federal falconry permit number and the appropriate nonresident game license are required.

(7) Upon completion of the residency requirement, a new resident applying for a Falconry Certificate of Registration must submit to the division:

(a) a completed falconry application;

(b) the certificate of registration fee;

(c) a copy of a valid falconry license from the former state of residency indicating class designation; and

(d) their valid federal falconry permit number.

R657-20-19. Facilities for Raptors in Transit.

To ensure the health, safety and protection of any raptor being transported or held, temporary facilities must be provided with an adequate perch and protected from extreme temperatures and excessive disturbance, for a period not to exceed 30 calendar days.

R657-20-20. Change of Address.

Any falconer who possesses a raptor and moves or changes the address of where the raptor is being held must notify the division in writing of the change of address within five business days. An inspection of facilities may be required at the new location.

R657-20-21. Release to the Wild.

Prior to releasing any raptor to the wild:

(1) the falconry shall be removed by a division representative; and

(2) a numbered aluminum Bird Banding Laboratory band shall be attached to the raptor by a division representative. Banding is by appointment only.

R657-20-22. Escape or Death.

(1) The division must be notified upon escape or death of a raptor.

(2) Within five business days of the escape or death of any raptor, the appropriate copies of the federal Form 3-186A must be provided to the division and the Service.

(3) Within five business days, the band from a raptor that dies must be presented to a division representative with the corresponding federal Form 3-186A.

R657-20-23. Feathers.

Feathers that are molted or feathers from raptors held in captivity that die may be retained and exchanged for imping purposes by falconers with a valid Falconry Certificate of Registration.

R657-20-24. Certificate of Registration Renewal and Annual Report Forms.

(1) Resident falconers wishing to renew a valid Falconry Certificate of Registration must submit a completed Falconry Certificate of Registration renewal form to the division upon or before the expiration date specified on the Falconry Certificate of Registration.

(2) Resident falconers holding a valid Falconry Certificate of Registration must submit a completed falconry annual report form to the division by January 31 of each year.

(3) Residents who do not hold a valid Falconry Certificate of Registration or do not submit a certificate of registration renewal form by the date specified on the certificate of registration and maintain raptors in possession are in violation of unlawful captivity of protected wildlife under Section 23-13-4.

(4) Any raptor not listed on the falconry annual report or federal Form 3-186A may be seized.

(5) Failure to submit the appropriate records and reports may result in revocation, suspension or denial of a Falconry Certificate of Registration or upgrade.

R657-20-25. Inspection of Raptors, Facilities, Certificates of Registration, and Documents.

As a condition of obtaining a Falconry Certificate of Registration, the falconer agrees to reasonable administrative inspections of raptors, facilities equipment, appropriate permits, licenses, certificates of registration and forms.

R657-20-26. Taking Raptors from the Wild.

(1) A person may not take any raptor from the wild without first obtaining a Raptor Capture Permit from the division.

(2)(a) A raptor may be taken by traps or nets that are humane in their operation and use.

(b) Examples of acceptable devices are the bal-chatri, dho-gazza, harness-type, phi trap, and bow net traps.

(c) Trapping devices must be constantly attended while in use.

(d) Protected wildlife may not be used to capture raptors.

R657-20-27. Capture Permits.

(1) A person must possess a valid Falconry Certificate of Registration and federal falconry permit prior to obtaining a Raptor Capture Permit.

(2)(a) Prior to capturing or attempting to capture any raptor a falconer must obtain a Raptor Capture Permit from a division office.

(b) The Raptor Capture Permit, federal falconry permit and Falconry Certificate of Registration must be in possession while pursuing, capturing or attempting to capture a raptor.

(3) An apprentice class Raptor Capture Permit is valid for the passage season capture of:

(a) one American Kestrel; or

(b) one passage Red-tailed Hawk.

(4) A general or master class Raptor Capture Permit is valid for one eyas or one passage raptor listed in Subsection (10) or (11), respectively in accordance with the restrictions and limitations of this rule.

(5) Raptor Capture permits are non-transferable and non-assignable and can only be used by the person specified on the permit. Raptor Capture permits are valid only for the season specified on the permit.

(6)(a) Nonresidents wishing to purchase a Raptor Capture Permit and not participating in the sport of falconry in the state are not required to purchase a Utah Falconry Certificate of Registration or license.

(b) However, nonresidents must show proof of a valid federal falconry permit and falconry license issued by their state of residency.

(7) Falconers shall not retain and transport more than one captured raptor per capture permit.

(8) Any person who captures a raptor must have it banded in accordance with Section R657-20-31.

(9) Capture of eyas raptors is allowed only for the following species:

(a) Northern Harrier (Circus cyaneus);

(b) Sharp-shinned Hawk (Accipiter striatus);

(c) Cooper's Hawk (Accipiter cooperii);

(d) Northern Goshawk (Accipiter gentilis);

(e) Swainson's Hawk (Buteo swainsoni);

(f) Red-tailed Hawk (Buteo jamaicensis);

(g) Ferruginous Hawk (Buteo regalis);

(h) Golden Eagle;

(i) American Kestrel;

(j) Peregrine Falcon (Falco peregrinus);

(k) Prairie Falcon (Falco mexicanus); and

(l) Great Horned Owl;

(10) Capture of passage raptors is allowed only for the following species:

(a) Northern Harrier;

(b) Sharp-shinned Hawk;

(c) Cooper's Hawk;

(d) Northern Goshawk;

(e) Harris's Hawk (Parabuteo unicinctus);

(f) Swainson's Hawk;

(g) Red-tailed Hawk;

(h) Ferruginous Hawk;

(i) Rough-legged Hawk;

(j) Golden Eagle;

(k) American Kestrel;

(l) Merlin (Falco columbarius);

(m) Gyrfalcon (Falco rusticolus);

(n) Prairie Falcon; and

(o) Great Horned Owl.

R657-20-28. Legal Birds.

(1)(a) Eyasses may be taken from the wild only by general and master class falconers as provided in Subsections (a) through (d).

(b) Eyasses, except Great Horned Owls and Peregrine Falcons, may be taken from May 13, unless May 13 is a Sunday, in which case the season shall begin the following day through July 15 and during the third weekend in July.

(c) Great Horned Owl eyasses may be taken from the wild during the first two Saturdays of April and from May 13, unless May 13 is a Sunday, in which case the season shall begin the following day through July 15 and during the third weekend in July.

(d) Peregrine Falcon eyasses may be taken in accordance with R657-20-29(4).

(e) No more than two eyasses may be taken by the same falconer.

(2) An eyas may not be taken from a nest containing only a single eyas.

(3) One or more eyasses must be left in a nest from which any eyas has been removed.

(4) Passage raptors may be taken from the wild only from:

(a) September 1 through October 31 on weekends and legal holidays, unless September 1 is a Sunday, in which case the season shall begin the following weekend or legal holiday; and

(b) November 1, unless November 1 is a Sunday, in which case the season shall begin the following day through January 31.

(5) Only American Kestrels and Great Horned Owls may be taken when over one year of age.

(6) The date of capture, sex of raptor, and the location of the capture must be recorded precisely, to within 100 meters, on the Raptor Capture Permit. Precise nest locations will be held for use by the division and not made available to the public.

(7)(a) The division falconry coordinator shall determine on an annual basis the number of capture permits issued for the taking of eyas raptors listed on Utah's current sensitive species list.

(b) Notice of any limitations on the number of eyas capture permits for sensitive raptors shall be made by February 7 of each year.

(c) Application procedures for taking sensitive raptor species limited by the falconry coordinator are provided in Section R657-20-41.

R657-20-29. Resident - Legal Birds by Class Designation.

(1)(a) An apprentice class falconer may possess only one American Kestrel or one Red-tailed Hawk in accordance with Section R657-20-6, Apprentice Class Falconer.

(b) Only first-year Red-tailed Hawks may be taken, while first-year or older American Kestrels may be taken.

(c) Eyasses may not be taken.

(2) A general class falconer may not possess more than two raptors and may not obtain more than two raptors taken from the wild for replacement birds during a 12-month period.

(3) A master class falconer may not possess more than three raptors and may not obtain more than two raptors taken from the wild for replacement birds during a 12-month period, except Golden Eagles.

(4) A resident general or master class falconer may apply each year to take one eyas Peregrine Falcon from the wild on the first two Saturdays of May and from May 13, unless May 13 is a Sunday, in which case the season will begin the following day through June 30.

(5)(a) Any resident general or master class falconer may apply each year to take one passage Peregrine Falcon from the wild from:

(i) September 1 through October 31 on weekends and legal holidays, unless September 1 is a Sunday, in which case the season shall begin the following weekend or legal holiday; and

(ii) November 1, unless November 1 is a Sunday, in which case the season will begin the following day through November 30.

(b) Any captured Peregrine Falcon banded with a numbered aluminum Bird Banding Laboratory band (numbered aluminum) must be released immediately.

(c) The band number, date of trapping, and precise location, within 100 meters, of the banded falcon must be reported to the falconry coordinator as soon as possible.

(d) Passage take of Peregrine Falcons will not be allowed unless approved by the Service.

(e) Application procedures for taking eyas or passage Peregrine Falcons are provided in Section R657- 20-41.

(6)(a) The number of resident permits issued annually for the taking of eyas Peregrine Falcons may not exceed 10; and

(b) take is limited to Beaver, Iron, Washington, Piute, Wayne, Garfield, Kane, and San Juan counties and the area south of Interstate 70 in Grand, Emery and Sevier counties.

(c) In addition to following the requirements provided in Section R657-20-28(4) through R657-20- 28(6), a falconer taking or attempting to take an eyas Peregrine Falcon must abide by the following:

(i) an eyas may not be removed from its nests prior to 10 days of age;

(ii) nests may not be entered when young are 28 days or more of age;

(iii) recently fledged young may be trapped within 100 meters of the nest;

(iv) three plucked breast feathers from any captured eyas must be presented to the division within five business days of capture.

(7) The number of resident and nonresident permits issued annually for the take of passage Peregrine Falcons may not exceed that number set by the Service.

R657-20-30. Nonresident- Legal Birds by Class Designation.

(1)(a) A nonresident general or master class falconer may apply each year to take one eyas from the wild pursuant to R657-20-28.

(b) Any nonresident general or master class falconer may apply each year to take one passage bird from the wild pursuant to R657-20-28.

(2) Application procedures for taking an eyas are provided in Section R657-20-41.

(4) The number of nonresident permits issued annually may not exceed the following:

(a) Sharp-shinned Hawk 10;

(b) Cooper's Hawk 20;

(c) Northern Goshawk 5;

(d) Red-tailed Hawk 20;

(e) American Kestrel 20;

(f) Merlin 10, passage take only;

(g) Gyrfalcon 5, passage take only;

(h) Prairie Falcon 20; and

(i) Great Horned Owl 20;

(j) Peregrine Falcon 1, eyas only, in accordance with restrictions set forth in R657-20-29(4), R657- 20-29(8)(b) and R657-20-29(8)(c).

(5) Nonresidents may not take any other species.

R657-20-31. Banding Raptors.

(1)(a) A falconer who has captured a raptor from the wild must notify the division by telephone within two business days to receive a federal falconry band.

(b) Upon notification, the division shall issue a federal falconry band number to the falconer and mail the federal falconry band to the falconer.

(2) Upon receiving the federal falconry band, the falconer must attach the band to the raptor's leg.

(3) Within five business days of notifying the division of the capture, the falconer must submit:

(a) a completed Raptor Capture permit, with the precise location of capture within 100 meters; and

(b) the blue copy of the federal Form 3-186A.

(4) A falconer may remove the rear tab on a band and may smooth any imperfect surface, provided the integrity of the band and numbering are not affected.

(5)(a) A person may not remove, transfer, alter, counterfeit, or deface a falconry, except a band that is causing damage to a raptor may be removed only if the band is affecting the health or safety of the raptor.

(b) The raptor must be presented to a division representative and a replacement band placed on the raptor's other leg. Banding is by appointment only.

(c) The detached band must be surrendered to the division at the time of re-banding.

(6) The division must be notified of any raptor acquired or brought into the state on a permanent basis without a band. The raptor must be presented to a division representative for banding.

R657-20-32A. Recovery and Capture of Banded Raptors - Federal Falconry Band.

(1) An escaped raptor banded with a federal falconry band may be recovered at any time.

(2) Notification of recovery must be made to a division representative followed by a written notice within five business days.

R657-20-32B. Recovery and Capture of Banded Raptors - Bird Banding Laboratory Band.

The division requires notification of the capture date and precise location, within 100 meters, of any raptor marked with a numbered aluminum Bird Banding Laboratory band.

R657-20-33. Meets or Trials.

(1) A nonresident entering Utah to participate in the sport of falconry at an organized meet must first obtain a nonresident falconry meet license.

(2) A falconry meet license may be obtained by completing an application and submitting the application and appropriate fees to the division.

(3) The falconry meet license is valid only for nonresidents and only for five consecutive days as designated on the license.

(4) The holder of a nonresident falconry meet license may engage in the sport of falconry on protected wildlife during the specified five-day period in accordance with the applicable proclamations of the Wildlife Board.

(5) A nonresident participating in an organized meet for more than five consecutive days must obtain appropriate licenses, permits, tags, and stamps as provided in the proclamations of the Wildlife Board if protected wildlife is pursued.

(6) A falconry meet license is not required for participation in a falconry trial.

(7)(a) An organizer of a falconry meet must obtain prior approval from the Wildlife Board to conduct the falconry meet.

(b) An organizer of a falconry trial must obtain landowner permission and prior approval from the division to conduct the falconry trial.

(c) A falconry meet or trial may not be held on state waterfowl and wildlife management areas from April 1 through August 15, except in those areas approved by the division.

R657-20-34. Use of Pen-Reared Game Birds for Meets, Trials and Training.

A person may hold a meet or trial or may train a raptor using legally acquired pen-reared game birds under the following provisions:

(1) Any person using pen-reared game birds must have an invoice or bill of sale in their possession showing lawful personal possession or ownership of such birds.

(2) Pen-reared game birds may be held in possession no longer than 60 days unless the person possessing the pen-reared game birds first obtains a private aviculture Certificate of Registration as provided in Rule R657-4.

(3)(a) Each pen-reared game bird must be marked with an aluminum leg band or other permanent marking before being released, except as provided in Subsection (d).

(b) Aluminum leg bands may be purchased at any division office.

(c) The aluminum leg band or other permanent marking must remain attached to the pen-reared game bird.

(d) Each pen-reared game bird used on a commercial hunting area may be released without marking.

(4) Pen-reared game birds used for a meet or trial may be released only on the property specified and only during the dates approved for the falconry meet or trial.

(5) After release at a meet or trial, pen-reared game birds may be taken:

(a) by the person who released the pen-reared game birds, or by any person participating in the meet or trial; and

(b) only during the approved dates of the meet or trial.

(6) Pen-reared game birds used in a meet or trial become the property of the state of Utah and may not be taken, except during legal hunting seasons as specified in the Upland Game or Waterfowl proclamations of the Wildlife Board if:

(a) the birds leave the property where the meet or trial is held; or

(b) the birds have not been retrieved by the end of the meet or trial.

(7) Pen-reared game birds used for training raptors that are not recovered on the day of the training or pen-reared game birds that escape become property of the state of Utah and may not be recaptured or taken, except during legal hunting seasons as specified in the Upland Game and Waterfowl proclamations of the Wildlife Board.

R657-20-35. Certificates of Registration, Licenses, Permits, and Stamps.

(1) A person must possess a valid federal permit and a valid Falconry Certificate of Registration or license from that person's state of residency while engaging in falconry.

(2) The Falconry Certificate of Registration or license allows the person to use a raptor to take coyote, field mouse, gopher, ground squirrel, jackrabbit, muskrat, raccoon, European Starling, House Sparrow, and rock dove/feral pigeon.

(3) A falconer releasing a raptor on protected wildlife, not held in private ownership, must obtain the appropriate licenses, permits, tags, certificates of registration and stamps as provided in the applicable rules and proclamations of the Wildlife Board.

(4) A federal waterfowl stamp is required of a person 16 years of age or older to hunt migratory waterfowl.

R657-20-36. Seasons and Bag and Possession Limits.

(1) The hunting of:

(a) upland game shall be done in accordance with the rule and proclamation of the Wildlife Board for taking upland game species.

(b) waterfowl, Wilson's snipe, and coot shall be done in accordance with the rule and proclamation of the Wildlife Board for taking those species.

(c) Mourning Dove and Band-tailed Pigeon shall be done in accordance with the rules and proclamations of the Wildlife Board for those species.

(2) Bag and possession limits do not apply to coyote, field mouse, gopher, ground squirrel, jackrabbit, muskrat, raccoon, European Starling, House Sparrow, and rock pigeon/feral pigeon.

(3) Nothing in this rule shall be construed to allow the intentional taking of protected wildlife in violation of federal or state laws, rules, regulations, or proclamations.

R657-20-37. Training.

Raptor training is not allowed on state waterfowl and wildlife management areas from April 1 through August 15, unless otherwise authorized.

R657-20-38. Firearms.

A person may not possess a firearm while pursuing any quarry with a raptor, unless the person is licensed to carry a concealed weapon in accordance with Title 53, Chapter 5, Part 7 of the Utah Code and is not utilizing the concealed weapon to hunt or take wildlife.

R657-20-39. Other Uses of Raptors.

(1)(a) A general or master class falconer who possesses a raptor for falconry purposes is not required to obtain an education certificate of registration to use the raptor for educational purposes provided money or consideration is not involved.

(2)(a) An apprentice falconer who possesses a raptor for falconry purposes is required to obtain an education certificate of registration to use the raptor for educational purposes.

(b) The division will provide the education certificate of registration at no cost provided money or consideration is not involved.

(3) 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.

R657-20-40. Application Procedures and Drawings for Capture of Peregrine Falcons, Sensitive Raptors, and Nonresident Legal Birds.

(1) Applications for Raptor Capture Permits must be made for:

(a) Peregrine Falcons;

(b) sensitive raptor species limited by the falconry coordinator pursuant to Section R657-20-28(7), and;

(c) nonresident legal birds.

(2) Application forms are provided by the division.

(3) An applicant must submit a complete and accurate application with:

(a) a copy of their valid Falconry Certificate of Registration or valid license from their state of residency, indicating the falconry class designation;

(b) a copy of their valid federal permit, indicating the falconry class designation; and

(c) the application handling fee.

(4)(a) Applications for taking an eyas raptor must be received through the mail by 5 p.m. on the last Friday of February.

(b) Applications for taking a passage raptor must be received through the mail by 5 p.m. on the last Friday of June.

(5)(a) If necessary, a drawing will be held for those species that have more applicants than available permits.

(b) Remaining permits will be available to falconers of the appropriate class and residency on a first-come first-served basis after the drawing.

KEY

wildlife, birds, falconry*

Date of Enactment or Last Substantive Amendment

March 12, 2007

Notice of Continuation

March 1, 2002

Authorizing, Implemented, or Interpreted Law

23-17-7; 50 CFR 21

Rule converted into HTML by the Division of Administrative Rules.

For questions regarding the content or application of rules under Title R657, please contact the promulgating agency (Natural Resources, Wildlife Resources). A list of agencies with links to their homepages is available at http://www.utah.gov/government/agencylist.html or from http://www.rules.utah.gov/contact/agencycontacts.htm.

For questions about the rulemaking process, please contact the Division of Administrative Rules (801-538-3764). Please Note: The Division of Administrative Rules is not able to answer questions about the content or application of these rules.

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