Current through Register Vol. 30, No. 38, September 20, 2024
A. In addition
to the definitions provided under A.R.S. §
17-101,
R12-4-101, and R12-4-401, and for the purposes of this Section, the following
definitions apply:
"Abatement" means the use of a trained raptor to scare,
flush, or haze wildlife to manage depredation or other damage, including
threats to human health and safety, caused by the wildlife.
"Captive-bred raptor" means a raptor hatched in
captivity.
"Hack" means the temporary release of a raptor into the wild
to condition the raptor for use in falconry.
"Hybrid" has the same meaning as prescribed under
50
CFR 21.3, revised October 1, 2019. This
incorporation by reference contains no future editions or amendments. The
incorporated material is available at any Department office, online at
www.gpo.gov, or may be ordered from the
U.S. Government Printing Office, Superintendent of Documents, P.O. Box 979050,
St. Louis, MO 63197-9000.
"Imping" means using a molted feather to replace or repair a
damaged or broken feather.
"Imprint" has the same meaning as prescribed under
50
CFR 21.3, revised October 1, 2019. This
incorporation by reference contains no future editions or amendments. The
incorporated material is available at any Department office, online at
www.gpo.gov, or may be ordered from the
U.S. Government Printing Office, Superintendent of Documents, P.O. Box 979050,
St. Louis, MO 63197-9000.
"Retrices" means a raptor's tail feathers.
"Sponsor" means a licensed General or Master falconer with a
valid Arizona Sport Falconry license who has committed to mentoring an
Apprentice falconer.
"Suitable perch" means a perch that is of the appropriate
size and texture for the species of raptor using the perch.
"Wild raptor" means a raptor taken from the wild, regardless
of how long the raptor is held in captivity or whether the raptor is
transferred to another licensed falconer or other permit type.
B. An Arizona Sport Falconry
license permits a person to capture, possess, train, and transport a raptor for
the purpose of sport falconry in compliance with the Migratory Bird Treaty Act
and the Endangered Species Act of 1973.
1. The
sport falconry license validates the appropriate license for hunting or taking
quarry with a trained raptor. When taking quarry using a raptor, a person must
possess a valid:
a. Sport falconry license,
and
b. Appropriate hunting
license.
2. The sport
falconry license is valid until the third December from the date of
issuance.
3. A licensed falconer
may capture, possess, train, or transport wild, captive-bred, or hybrid
raptors, subject to the limitations established under subsections (H)(1),
(H)(2), and (H)(3), as applicable.
C. The Department shall comply with the
licensing time-frame established under R12-4-106.
D. A resident who possesses or intends to
possess a raptor for the purpose of sport falconry shall hold an Arizona Sport
Falconry license, unless the person is exempt under A.R.S. §
17-236(C)
or possesses only raptors not listed under
50 CFR Part 10.13, revised October 1, 2019, and no later amendments or
editions. The incorporated material is available from the U.S. Government
Printing Office, Superintendent of Documents, P.O. Box 979050, St. Louis, MO
63197-9000, and is on file with the Department.
E. In addition to the requirements
established under this Section, a licensed falconer shall also comply with
special license requirements established under R12-4-409.
F. The sport falconry license holder shall be
responsible for compliance with all applicable regulatory requirements; the
license does not:
1. Exempt the license
holder from any municipal, county, state, or federal codes, ordinances,
statutes, rules, or regulations;
2.
Authorize the license holder to engage in authorized activities using
federally-protected wildlife, unless the license holder possesses a valid
license, permit, or other form of documentation issued by the United States
authorizing the license holder to use that wildlife in a manner consistent with
the special license; or
3.
Authorize a licensed falconer to capture or release a raptor or practice
falconry on public lands where prohibited or on private property without
permission from the land owner or land management agency.
G. The Department shall deny a sport falconry
license to a person who fails to meet the requirements established under
R12-4-409, or this Section. The Department shall provide a written notice to an
applicant stating the reason for the denial. The person may appeal the denial
to the Commission as prescribed under A.R.S. Title 41, Chapter 6, Article
10.
H. The Department may issue a
Sport Falconry license for the following levels to an eligible person:
1. Apprentice level license:
a. An Apprentice falconer shall:
i. Be at least 12 years of age; and
ii. Have a written statement from a sponsor
who is a licensed Master Falconer or a General Falconer while practicing
falconry as an apprentice. The written statement shall meet the requirements
established under subsection (K)(3)(a)(vi). When a sponsorship is terminated,
the apprentice is prohibited from practicing falconry until a new sponsor is
acquired. After acquiring a new sponsor, an apprentice shall submit a written
statement from the new sponsor to the Department within 30 days. The written
statement shall meet the requirements established under subsection
(K)(3)(a)(vi).
b. An
Apprentice falconer may possess only one raptor at a time for use in
falconry.
c. An Apprentice falconer
is prohibited from possessing any:
i. Species
listed under
50 CFR
17.11, revised October 1, 2019, and
subspecies,
ii. Raptor taken from
the wild as a nestling,
iii. Raptor
that has imprinted on humans,
iv.
Bald eagle (Haliaeetus leucocephalus),
v. White-tailed eagle (Haliaeetus
albicilla),
vi. Steller's
sea-eagle (Haliaeetus pelagicus), or
vii. Golden eagle (Aquila
chrysaetos).
viii. For the
purposes of subsection (H)(1)(c)(i), this incorporation by reference contains
no future editions or amendments. The incorporated material is available at any
Department office, online at
www.gpo.gov, or may be ordered from the U.S.
Government Printing Office, Superintendent of Documents, P.O. Box 979050, St.
Louis, MO 63197-9000.
2. General level license:
a. A General falconer shall:
i. Be at least 16 years of age; and
ii. Have submit a written statement provided
by the Apprentice Falconer's sponsor, stating that the General falconer
practiced falconry as an apprentice falconer for at least two years, including
maintaining, training, flying, and hunting with a raptor for at least four
months in each year. An applicant cannot substitute any falconry school program
or education to shorten the two-year Apprentice period.
b. A General falconer may possess:
i. Up to three raptors at a time for use in
falconry; and
ii. Up to the total
number of federally permitted or sub-permitted raptors as indicated on the
Master falconer's respective federal abatement or propagation permit.
c. A General falconer is
prohibited from possessing a:
i. Bald
eagle,
ii. White-tailed eagle,
iii. Steller's sea-eagle, or
iv. Golden eagle.
3. Master level
license:
a. A Master falconer shall have
practiced falconry as a General falconer for at least five years using raptors
possessed by that falconer.
b. A
Master falconer may possess:
i. Any species
of wild, captive-bred, or hybrid raptor.
ii. Any number of captive-bred raptors
provided they are trained and used in the pursuit of wild game;
iii. Up to three of the following species,
provided the requirements established under subsection (H)(3)(d) are met:
Golden eagle, White-tailed eagle, or Steller's Sea eagle; and
iv. Up to the total number of federally
permitted abatement or propagation raptors as indicated on the Master
falconer's respective federal abatement or propagation permit.
c. A Master falconer is prohibited
from possessing:
i. More than three
eagles
ii. A bald eagle,
or
iii. More than five wild caught
raptors.
d. A Master
falconer who wishes to possess an eagle shall apply for and receive approval
from the Department before possessing an eagle for use in falconry. The
licensed falconer shall submit the following documentation to the Department
before a request may be considered:
i. Proof
the licensed falconer has experience in handling large raptors such as, but not
limited to, ferruginous hawks (Buteo regalis) and goshawks
(Accipter gentilis);
ii. Information regarding the raptor species,
to include the type and duration of the activity in which the experience was
gained; and
iii. Written statements
of reference from two persons who have experience handling or flying large
raptors such as, but not limited to, eagles, ferruginous hawks, and goshawks.
Each written statement shall contain a concise history of the author's
experience with large raptors, and an assessment of the applicant's ability to
care for and fly an eagle in falconry.
I. A sponsor shall:
1. Be at least 18 years of age.
2. Have practiced falconry as a Master or
General falconer for at least two years.
3. Sponsor no more than three apprentices at
any one time.
4. Notify the
Department within 30 consecutive days after a sponsorship is
terminated.
5. Determine the
appropriate species of raptor for possession by an apprentice.
6. Provide instruction to the Apprentice
falconer pertaining to:
a. Husbandry,
training, and trapping of raptors held for falconry;
b. Hunting with a raptor; and
c. Relevant wildlife laws and
regulations.
J. A falconer licensed in another state or
country is exempt from obtaining an Arizona Sport Falconry license under
R12-4-407(B)(9), unless the falconer remains in Arizona for more than 180
consecutive days. A falconer licensed in another state or country and who
remains in this state for more than the 180-day period shall apply for an
Arizona Sport Falconry license in order to continue practicing sport falconry
in this state. The falconer licensed in another state or country shall present
a copy of the out-of-state or out-of-country falconry license, or its
equivalent, to the Department upon request.
1. A falconer licensed in another state
shall:
a. Comply with all applicable state and
federal falconry regulations,
b.
Possess only those raptors authorized under the out-of-state sport falconry
license, and
c. Provide a health
certificate for each raptor possessed under the out-of-state sport falconry
license when the raptor is present in this state for more than 30 consecutive
days. The health certificate may be issued after the date of the interstate
importation, but shall have been issued no more than 30 consecutive days prior
to the interstate importation.
2. A falconer licensed in another country may
possess, train, and use for falconry only those raptors authorized under the
out-of-country sport falconry license, provided the import of that species into
the United States is not prohibited. This subsection does not prohibit the
falconer from flying or training a raptor lawfully possessed by any other
licensed falconer.
3. A falconer
licensed in another country is prohibited from leaving an imported raptor in
this state, unless authorized under federal permit. The falconer shall report
the death or escape of a raptor possessed by that falconer to the Department as
established under subsection (O)(1) or prior to leaving the state, whichever
occurs first.
4. A falconer
licensed in another country shall:
a. Comply
with all applicable state and federal falconry regulations;
b. Comply with falconry licensing
requirements prescribed by the country of licensure not in conflict with
federal or state law;
c. Notify the
Department no less than 30 consecutive days prior to importing a raptor into
this state;
d. Provide a health
certificate, issued no earlier than 30 consecutive days prior to the date of
importation, for each raptor imported into this state; and
e. Attach two functioning radio transmitters
to any raptor imported into this country by the falconer while flown free in
this state by any falconer.
K. An applicant for a Sport Falconry license
shall pass the examination required under subsection (N), ensure their raptor
housing facility is inspected and meets the requirements established under
subsection (M), and submit an application to the Department. The application is
furnished by the Department and is available at any Department office and the
Department's website.
1. An applicant shall
provide the following information on the application:
a. Falconry level desired;
b. Name;
c. Date of birth;
d. Mailing address;
e. Telephone number, when
available;
f. Department I.D.
number;
g. Applicant's physical
description, to include the applicant's eye color, hair color, height, and
weight;
h. Arizona hunting license
number, when available;
i. Number
of years of experience as a falconer;
j. Current Falconry license level;
k. Physical address of a housing facility
when the raptor is kept at another location, when applicable;
l. Information documenting all raptors
possessed by the applicant at the time of application, to include:
i. Species;
ii. Subspecies, when applicable;
iii. Age;
iv. Sex;
v. Band or microchip number, as
applicable;
vi. Date and source of
acquisition; and
m. The
certification required under R12-4-409(C);
n. Parent or legal guardian's signature, when
the applicant is under the age of 18;
o. Date of application; and
p. Any other information required by the
Department.
2. An
applicant shall certify that the applicant has read and is familiar with
applicable state laws, rules, and the regulations under 50 CFR Part 13 and the
other applicable parts in 50 CFR Chapter I, Subchapter B and that the
information submitted is complete and accurate to the best of their knowledge
and belief.
3. In addition to the
information required under subsection (K)(1), a person applying for:
a. An Apprentice level license shall also
provide the sponsor's:
i. Name,
ii. Date of birth,
iii. Mailing address,
iv. Department I.D. number,
v. Telephone number, and
vi. A written statement from the sponsor
stating that the falconer agrees to sponsor the applicant.
b. A General level license shall also
provide:
i. Information documenting the
applicant's experience in maintaining falconry raptors, to include the species
and period of time each raptor was possessed while licensed as an Apprentice
falconer; and
ii. A written
statement from the sponsor certifying that the applicant has practiced falconry
at the Apprentice falconer level for at least two years, and maintained,
trained, flown, and hunted with a raptor for at least four months in each
year.
c. A Master level
license shall certify that the falconer has practiced falconry as a General
falconer with his or her own raptors for at least five years.
L. An applicant for any
level Sport Falconry license shall pay all applicable fees required under
R12-4-412.
M. The Department shall
inspect the applicant's raptor housing facilities, materials, and equipment to
verify compliance with the requirements established under R12-4-409(I), and
this Section before issuing a Sport Falconry license. The applicant or licensed
falconer shall ensure all raptors currently possessed by the falconer and kept
in the housing facility are present at the time of inspection.
1. The Department may inspect a housing
facility, equipment, raptors, or records:
a.
At any time before or during the license period to determine compliance with
this Section,
b. After a change of location, when the Department
cannot verify the housing facility is the same facility as the one approved by
a previous inspection, or
c. Prior to the
acquisition of a new species or addition of another raptor when the previous
inspection does not indicate the housing facilities can accommodate a new
species or additional raptor.
d.
The Department shall comply with A.R.S. §
41-1009
when conducting inspections at a license holder's facility.
2. A licensed falconer shall
notify the Department no more than five business days after changing the
location of a housing facility.
3.
When a housing facility is located on property not owned by the licensed
falconer, the falconer shall provide a written statement signed and dated by
the property owner at the time of inspection. The written statement shall
specify that the licensed falconer has permission to keep a raptor on the
property and the property owner permits the Department to inspect the falconry
housing facility at any reasonable time of day and in the presence of the
licensed falconer.
4. A licensed
falconer shall ensure the housing facility:
a.
Provides a healthy and safe environment,
b. Is designed to keep predators and domestic
animals out,
c. Is designed to
avoid injury to the raptor,
d. Is
easy to access,
e. Is easy to
clean, and
f. Provides access to
fresh water and sunlight.
5. In addition to the requirements
established under R12-4-409(I):
a. A licensed
falconer shall ensure housing facilities where raptors are held:
i. Has a suitable perch that is protected
from extreme temperatures, wind, and excessive disturbance for each
raptor;
ii. Has at least one
opening for sunlight; and
iii. Has
walls that are solid, constructed of vertical bars spaced narrower than the
width of the body of the smallest raptor housed therein, or any other suitable
materials approved by the Department. A nestling may be kept in any suitable
container or enclosure until it is capable of flight.
b. A licensed falconer shall possess all of
the following equipment:
i. At least one
flexible, weather-resistant leash;
ii. One swivel appropriate to the raptor
being flown;
iii. At least one
water container, available to each raptor kept in the housing facility, that is
at least two inches deep and wider than the length of the largest raptor using
the container;
iv. A reliable scale
or balance suitable for weighing raptors, graduated in increments of not more
than 15 grams;
v. Suitable
equipment that protects the raptor from extreme temperatures, wind, and
excessive disturbance while transporting or housing a raptor when away from the
permanent housing facility where the raptor is kept, and
vi. At least one pair of jesses constructed
of suitable material or Alymeri jesses consisting of an anklet, grommet, and
removable strap that attaches the anklet and grommet to a swivel. The falconer
may use a one-piece jess only when the raptor is not being flown.
6. A licensed falconer
may keep a falconry raptor inside the falconer's residence provided a suitable
perch is supplied. The falconer shall ensure all flighted raptors kept inside a
residence are tethered or otherwise restrained at all times, unless the
falconer is moving the raptor into or out of the residence. This subsection
does not apply to nestlings, which do not need to be tethered or otherwise
restrained.
7. A licensed falconer
may keep multiple raptors together in one enclosure untethered only when the
raptors are compatible with each other.
8. A licensed falconer may keep a raptor
temporarily outdoors in the open provided the raptor is continually under
observation by the falconer or an individual designated by the
falconer.
9. A licensed falconer
may keep a raptor in a temporary housing facility that the Department has
inspected and approved for no more than 120 consecutive days.
10. A licensed falconer may keep a raptor in
a temporary housing facility that the Department has not inspected or approved
for no more than 30 consecutive days. The falconer shall notify the Department
of the temporary housing facility prior to the end of the 30-day period. The
Department may inspect a temporary housing facility as established under
R12-4-409(J).
N. Prior
to the issuance of a Sport Falconry license, an applicant shall:
1. Present proof of a previously held
state-issued sport falconry license, or
2. Correctly answer at least 80% of the
questions on the Department administered written examination.
a. A person whose Sport Falconry license is
expired more than five years shall take the examination. The Department shall
issue to an eligible applicant a license for the sport falconry license type
previously held by the applicant after the applicant correctly answers at least
80% of the questions on the written examination and presents proof of the
previous Sport Falconry license.
b.
A person who holds a falconry license issued in another country shall correctly
answer at least 80% of the questions on the written examination. The Department
shall determine the level of license issued based upon the applicant's
documentation.
O. A licensed falconer shall:
1. Submit a paper copy of the 3-186A form to
report any of the following raptor possession changes to the Department no more
than 10 business days after the occurrence:
a. Acquisition,
b. Banding,
c. Escape into the wild without recovery
after 30 consecutive days have passed,
d. Death,
e. Microchipping,
f. Rebanding,
g. Release,
h. Take, or
i. Transfer.
2. Submit a copy of the falconer's federal
propagation report, when applicable.
3. Submit a copy of the falconer's federal
abatement report, when applicable.
4. Upon discovering the
theft of a raptor, the falconer shall immediately report the theft of a raptor
to the Department and USFWS by:
a. Contacting
the Department's regional office within 48 hours; and
b. Submitting the electronic 3-186A form
within 10 days.
P. A licensed falconer shall print and
maintain copies of all required 3-186A form and associated documents for each
abatement, falconry, and propagation raptor possessed by the falconer, as
applicable. The falconer shall retain copies of all required documents for a
period of five years from the date on which the raptor left the falconer's
possession.
Q. A licensed falconer
or a person with a valid falconry license, or its equivalent, issued by any
state meeting federal falconry standards may capture a raptor for the purpose
of falconry only when authorized by Commission Order.
1. A falconer attempting to capture a raptor
shall possess:
a. A valid Arizona Sport
Falconry license or valid falconry license, or its equivalent, issued by
another state, and
b. Any required
Arizona hunt permit-tag issued to the licensed falconer for take of the
authorized raptor, and
c. A valid
Arizona hunting or combination license. A short-term combination hunting and
fishing license is not valid for capturing a raptor under this
subsection.
2. An
Apprentice falconer may take from the wild:
a.
Any raptor not prohibited under subsection (H)(1)(c) that is less than one year
of age, except nestlings or
b. An
adult raptor.
3. A
General or Master falconer may take from the wild:
a. A raptor of any age, including nestlings,
provided at least one nestling remains in the nest; or
b. An adult raptor.
4. A licensed falconer shall take no more
than two raptors from the wild for use in falconry each calendar year. For the
purpose of take limits, a raptor is counted towards the licensed falconer's
take limit by the falconer who originally captured the raptor.
5. A falconer attempting to capture a raptor
shall:
a. Not use stupefying
substances;
b. Use a trap or bird
net that is not likely to cause injury to the raptor;
c. Ensure that each trap or net the falconer
is using is continually attended; and
d. Ensure that each trap used for the purpose
of capturing a raptor is marked with the falconer's name, address, and license
number.
6. A licensed
falconer shall report the injury of any raptor injured due to capture
techniques to the Department. The falconer shall transport the injured raptor
to a veterinarian or licensed rehabilitator and pay for the cost of the injured
raptor's care and rehabilitation. After the initial medical treatment is
completed, the licensed falconer shall either:
a. Keep the raptor and the raptor shall count
towards the falconer's take and possession limit, or
b. Transfer the raptor to a permitted
wildlife rehabilitator and the raptor shall not count against the falconer's
take or possession limit.
7. When a licensed falconer takes a raptor
from the wild and transfers the raptor to another falconer who is present at a
capture site, the falconer receiving the raptor is responsible for reporting
the take of the raptor.
8. A
General or Master falconer may capture a raptor that will be transferred to
another licensed falconer who is not present at the capture site. The falconer
who captured the raptor shall report the take of the raptor and the capture
shall count towards the General or Master falconer's take limit. The General or
Master falconer may then transfer the raptor to another falconer.
9. A General or Master falconer may capture a
raptor for another licensed falconer who cannot attend the capture due to a
long-term or permanent physical impairment. The licensed falconer with the
physical impairment is responsible for reporting the take of the raptor and the
raptor shall count against their take and possession limits.
10. A licensed falconer may capture any
raptor displaying a seamless metal band, or any other item identifying it as a
falconry raptor, regardless of whether the falconer is prohibited from
possessing the raptor. The capturing falconer shall return the recaptured
raptor to the falconer of record. The raptor shall not count towards the
capturing falconer's take or possession limits, provided the capturing falconer
reports the temporary possession of the raptor to the Department no more than
five consecutive days after capturing the raptor.
a. When the falconer of record cannot or does
not wish to possess the raptor, the falconer who captured the raptor may keep
the raptor, provided the falconer is eligible to possess the species and may do
so without violating any requirement established under this Section.
b. When the falconer of record cannot be
located, the Department shall determine the disposition of the recaptured
raptor.
11. A licensed
falconer may capture and shall report the capture of any raptor wearing a
transmitter to the Department no more than five business days after the
capture. The falconer shall attempt to contact the researcher or licensed
falconer who applied the transmitter and facilitate the replacement or
retrieval of the transmitter and raptor. The falconer may possess the raptor
for no more than 30 consecutive days while waiting for the researcher or
falconer to retrieve the transmitter and raptor. The raptor shall not count
towards the falconer's take or possession limits, provided the falconer reports
the temporary possession of the raptor to the Department no more than five
consecutive days after capturing the raptor. The Department shall determine the
disposition of a raptor when the researcher or falconer does not replace the
transmitter or retrieve the raptor within the initial 30-day period.
12. A licensed falconer may capture any
raptor displaying a federal Bird Banding Laboratory (BBL) aluminum research
band or tag, except a peregrine falcon (
Falco peregrinus). A
licensed falconer who captures a raptor wearing a research band or tag shall
report the following information to BBL and the Department:
a. Species,
b. Band or tag number,
c. Location of the capture, and
d. Date of capture.
e. A person can report the capture of a
raptor wearing a research band or tag to BBL by submitting information
regarding the capture online at the BBL website.
13. A licensed falconer may recapture a
falconer's lost or any escaped falconry raptor at any time. The Department does
not consider the recapture of a wild falconry raptor as taking a raptor from
the wild.
14. When attempting to
trap a raptor in Cochise, Graham, Pima, Pinal, or Santa Cruz counties, a
licensed falconer shall:
a. Not begin
trapping while a northern aplomado falcon (Falco femoralis
septentrionalis) is observed in the vicinity of the trapping
location.
b. Suspend trapping when
a northern aplomado falcon arrives in the vicinity of the trapping
location.
15. In
addition to the requirements in subsection (Q)(14), an apprentice falconer
shall be accompanied by a General or Master falconer when attempting to capture
a raptor in Cochise, Graham, Pima, Pinal, or Santa Cruz counties.
16. A licensed Master falconer may take up to
two golden eagles from the wild only as authorized under 50 CFR Parts 21 and
22. The Master falconer may:
a. Capture a
golden eagle or an immature or sub-adult golden eagle during the time a
livestock depredation area and associated depredation permit or depredation
control order are in effect as declared by USDA Wildlife Services and permitted
under
50
CFR 22.23, or upon the request of the Arizona
Governor pursuant to
50
CFR 22.31 and
22.32.
b. Take a nestling from its nest or a nesting
adult golden eagle in a livestock depredation area if a biologist representing
the agency responsible for declaring the depredation area determines the adult
eagle is preying on livestock or wildlife and that any nestling of the adult
will be taken by a falconer authorized to possess it or by the biologist and
transferred to a person authorized to possess it.
c. The falconer shall inform the Department
of the capture plans in person, in writing, or by telephone at least three
business days before trapping is initiated. The falconer may send written
notification to the Arizona Game and Fish Department's Law Enforcement Programs
Coordinator at 5000 West Carefree Highway, Phoenix, Arizona 85086.
17. A licensed falconer shall
ensure any falconry activities the falconer is conducting do not cause unlawful
take under the Endangered Species Act of 1973,
16
U.S.C. §
1531 et seq., or the Bald and
Golden Eagle Protection Act,
16 U.S.C. §§
668 through
668d.
The Department or USFWS may provide information regarding where take is likely
to occur. The falconer shall report the take of any federally listed threatened
or endangered species or bald or golden eagle to the USFWS Arizona Ecological
Services Field Office.
R. A licensed falconer shall comply with all
of the following banding requirements:
1. A
licensed falconer shall ensure the following raptors are banded after capture:
a. Northern Goshawk,
b. Harris's hawk (Parabuteo
unicinctus), and
c.
Peregrine falcon.
2. The
falconer shall request a band no more than five consecutive days after the
capture of a raptor by contacting the Department. A Department representative
or a General or Master licensed falconer may attach the USFWS leg band to the
raptor.
3. A licensed falconer
shall not use a counterfeit, altered, or defaced band.
4. A falconer holding a federal propagation
permit shall ensure a raptor bred in captivity wears a seamless metal band
furnished by USFWS, as prescribed under
50 CFR
21.30.
5. A licensed falconer may remove the rear
tab on a band and smooth any imperfections on the surface, provided doing so
does not affect the band's integrity or numbering.
6. A licensed falconer shall report the loss
of a band to the Department no more than five business days after discovering
the loss. The falconer shall reband the raptor with a new USFWS leg band
furnished by the Department.
S. A licensed falconer may request Department
authorization to implant an ISO-compliant [134.2 kHz] microchip in lieu of a
band into a captive-bred raptor or raptor listed under subsection (R)(1).
1. The falconer shall submit a written
request to the Department.
2. The
falconer shall retain a copy of the Department's written authorization and any
associated documentation for a period of five years from the date the raptor
permanently leaves the falconer's possession.
3. The falconer is responsible for the cost
of implanting the microchip and any associated veterinary fees.
T. A licensed falconer may allow a
falconry raptor to feed on any species of wildlife incidentally killed by the
raptor for which there is no open season or for which the season is closed, but
shall not take such wildlife into possession.
U. A General or Master falconer may hack a
falconry raptor. Any raptor the falconer is hacking shall count towards the
falconer's possession limit during hacking.
1. A falconer is prohibited from hacking a
raptor near the nesting area of a federally threatened or endangered species or
in any other location where the raptor is likely to disturb or harm a federally
listed threatened or endangered species. The Department may provide information
regarding where this is likely to occur.
2. A licensed falconer shall ensure any
hybrid raptor flown free or hacked by the falconer is equipped with at least
two functioning radio transmitters.
V. A licensed falconer may release:
1. A wild-caught raptor permanently into the
wild under the following circumstances:
a.
The raptor is native to Arizona,
b.
The falconer removes the raptor's falconry band and any other falconry
equipment prior to release, and
c.
The falconer releases the raptor in a suitable habitat and under suitable
seasonal conditions.
2.
A captive-bred raptor permanently into the wild only when the raptor is native
to Arizona and the Department approves the release of the raptor. The falconer
shall request permission to release the captive-bred raptor by contacting the
Department. When permitted by the Department and before releasing the
captive-bred raptor, the General or Master falconer shall hack the captive-bred
raptor in a suitable habitat and the appropriate season.
3. A licensed falconer is prohibited from
intentionally releasing any hybrid or non-native raptor permanently into the
wild.
W. A Master
falconer may conduct and receive payment for abatement conducted with a
falconry raptor or federally permitted abatement raptor. The falconer shall
apply for and obtain all required federal permits prior to conducting any
abatement activities. The falconer shall comply with the reporting requirement
under subsection (O). A General falconer may conduct abatement activities only
when authorized under the federal permit held by the Master falconer.
X. A person other than a licensed falconer
may temporarily care for a falconry raptor for no more than 45 consecutive
days, unless approved by the Department. The raptor under temporary care shall
remain in the falconer's facility. The raptor shall continue to count towards
the falconer's possession limit. An unlicensed caretaker shall not fly the
raptor. The falconer may request an extension from the Department to the
temporary possession period if extenuating circumstances occur. The Department
shall evaluate extension requests on a case-by-case basis.
Y. A licensed falconer may serve as a
caretaker for another licensed falconer's raptor for no more than 120
consecutive days, unless approved by the Department. The falconer shall provide
the temporary caretaker with a signed and dated statement authorizing the
temporary possession of each raptor and a copy of USFWS form 3-186A that shows
that the licensed falconer is the possessor of each raptor. The statement shall
also include the temporary possession period and activities the caretaker may
conduct with the raptor. a The raptor under temporary care shall not count
toward the caretakers possession limit. The temporary caretaker may fly or
train the raptor when permitted by the falconer in writing. The falconer may
request an extension from the Department to the temporary possession period if
extenuating circumstances occur. The Department shall evaluate extension
requests on a case-by-case basis.
Z. A General or Master falconer may assist
any federally licensed wildlife rehabilitator in conditioning a raptor the
licensed falconer is authorized to possess in preparation for the raptor's
release to the wild. The falconer may temporarily remove the raptor from the
rehabilitation facilities while conditioning the raptor. The raptor shall
remain under the rehabilitator's license and shall not count towards the
falconer's possession limit. The rehabilitator shall provide the licensed
falconer with a written statement authorizing the falconer to assist the
rehabilitator. The written statement shall also identify the raptor by species,
type of injury, and band number, when available. The licensed falconer shall
return the raptor to the rehabilitator within the 180-day period established
under R12-4-423(T), unless the raptor is:
1.
Released into the wild in coordination with the rehabilitator and as authorized
under this subsection,
2. Allowed
to remain with the rehabilitator for a longer period of time as authorized
under R12-4-423(U), or
3.
Transferred permanently to the falconer, provided the falconer may legally
possess the raptor and the Department approves the transfer. The raptor shall
count towards the falconer's possession limit.
AA. A licensed falconer may use a raptor
possessed for falconry in captive propagation, when permitted by USFWS. A
licensed falconer is not required to transfer a raptor from a Sport Falconry
license to another license when the raptor is used for captive propagation less
than eight months in a year.
BB. A
General or Master licensed falconer may use a lawfully possessed raptor in a
conservation education program presented in a public venue. An Apprentice
falconer, under the direct supervision of a General or Master falconer, may use
a lawfully possessed raptor in a conservation education program presented in a
public venue. The primary use for a raptor is falconry; a licensed falconer
shall not possess a raptor solely for the purpose of providing a conservation
education program. The falconer shall ensure the focus of the conservation
education program is to provide information about the biology, ecological
roles, and conservation needs of raptors and other migratory birds. The
falconer may charge a fee for presenting a conservation education program;
however, the fee shall not exceed the amount required to recoup the falconer's
costs for providing the program. As a condition of the Sport Falconry License,
the licensed falconer agrees to indemnify the Department, its officers, and
employees. The falconer is liable for any damages associated with the
conservation education activities.
CC. A licensed falconer may allow the
photography, filming, or similar uses of a falconry raptor possessed by the
licensed falconer, provided:
1. The falconer
is not compensated for these activities; and
2. The final product from these activities:
a. Promotes the practice of
falconry;
b. Provides information
about the biology, ecological roles, and conservation needs of raptors and
other migratory birds;
c. Endorses
a nonprofit falconry organization or association, products, or other endeavors
related to falconry; or
d. Is used
in scientific research or science publications.
DD. A licensed falconer may use or dispose of
lawfully possessed falconry raptor feathers. A falconer shall not buy, sell, or
barter falconry raptor feathers. A falconer may possess feathers for imping
from each species of raptor that the falconer currently possesses or has
possessed.
1. The licensed falconer may
transfer or receive feathers for imping from:
a. Another licensed falconer,
b. A licensed wildlife rehabilitator,
or
c. Any licensed propagator
located in the United States.
2. A licensed falconer may donate falconry
raptor feathers, except bald and golden eagle feathers, to:
a. Any person or institution permitted to
possess falconry raptor feathers,
b. Any person or institution exempt from the
permit requirement under
50 CFR
21.12, or
c. A non-eagle feather repository. The
Department may provide information regarding the submittal of falconry raptor
feathers to a non-eagle feather repository.
3. A licensed falconer shall gather primary
and secondary flight feathers or retrices that are molted or otherwise lost
from a golden eagle and either retain the feathers for imping purposes or
submit the feathers to the U.S. Fish and Wildlife Service, National Eagle
Repository, Rocky Mountain Arsenal, Building 128, Commerce City, Colorado
80022.
4. A falconer whose license
is either revoked or expired shall dispose of all falconry raptor feathers in
the falconer's possession.
EE. Arizona licensed falconers importing
raptors into Arizona shall have a health certificate issued no more than 30
consecutive days:
1. Prior to the
international importation, or
2.
Prior to or after the inter-state importation.
FF. A licensed falconer may conduct any of
the following activities with any captive-bred raptor provided the raptor is
wearing a seamless band and the person receiving the raptor possesses an
appropriate special license:
1.
Barter,
2. Offer for
barter,
3. Gift,
4. Purchase,
5. Sell,
6. Offer for sale, or
7. Transfer.
GG. A licensed falconer is prohibited from
conducting any of the following activities with any wild-caught raptor
protected under the Migratory Bird Treaty Act:
1. Barter,
2. Offer for barter,
3. Purchase,
4. Sell, or
5. Offer for sale.
HH. A licensed falconer may transfer:
1. Any wild-caught falconry raptor lawfully
captured in Arizona with or without a permit tag to another Arizona Sport
Falconry License holder at any time.
a. The
raptor shall count towards the take limit for that calendar year for the
falconer taking the raptor from the wild.
b. The raptor shall not count against the
take limit of the falconer receiving the raptor.
2. Any wild-caught falconry raptor to another
license or permit type under this Article or federal law, provided the raptor
has been used in the sport of falconry for at least two years preceding the
transfer.
3. A wild-caught falconry
sharp-shinned hawk (Accipiter striatus), Cooper's hawk
(Accipiter cooperii), merlin (Falco
columbar-ius), or American kestrel (Falco sparverius)
to another license or permit type under this Article or federal law, provided
the raptor has been used in the sport of falconry for at least one-year
preceding the transfer.
4. Any
hybrid or captive-bred raptor to another licensed falconer or permit type under
this Article or federal law at any time.
5. Any falconry raptor that is no longer
capable of being flown, as determined by a veterinarian , to another permit
type at any time. The licensed falconer shall provide a copy of the
documentation from the veterinarian stating that the raptor is not useable in
falconry to the Federal Migratory Bird Permits office that administers the
other permit type.
II. A
licensed falconer shall not transfer a wild-caught raptor species to a licensed
falconer in another state for at least one year from the date of capture if
either resident or nonresident take is managed through Commission Order by way
of a permit-tag, nonpermit-tag, or annual harvest quota system. However, a
licensed falconer may transfer a wild-caught raptor that is not managed through
Commission Order by way of a permit-tag, nonpermit-tag, or annual harvest quota
system to a licensed falconer in another state at any time.
JJ. A surviving spouse, executor,
administrator, or other legal representative of a deceased or incapacitated
licensed falconer shall transfer any raptor held by the licensed falconer to
another licensed falconer no more than 90 consecutive days after the death of
the falconer. The Department shall determine the disposition of any raptor not
transferred prior to the end of the 90-day period.
KK. A licensed falconer shall conduct the
following activities, as applicable, no more than 10 business days after either
the death of a falconry raptor or the final examination of a deceased raptor by
a veterinarian:
1. Dispose of any raptor
suspected or confirmed with West Nile Virus or poisoning, except for lead
poisoning, by incineration.
2. For a bald or golden
eagle, send the entire body, including all feathers, talons, and other parts,
to the National Eagle Repository;
3. For any euthanized
non-eagle raptor, to prevent secondary poisoning of other wildlife, the
falconer shall either submit the carcass to a non-eagle repository or burn,
bury, or otherwise destroy the carcass;
4. For all other
species:
a. Submit the carcass to a non-eagle
repository;
b. Submit the carcass
to the Department for submission to a non-eagle repository;
c. Donate the body or feathers to any person
or institution exempt under
50 CFR
21.12 or authorized by USFWS to acquire and
possess such parts or feathers;
d.
Retain the carcass or feathers for imping purposes as established under
subsection (DD);
e. Burn, bury, or
otherwise destroy the carcass; or
f. Mount the raptor carcass. The falconer
shall ensure any microchip implanted in the raptor is not removed and any band
attached to the raptor remains on the mount. The falconer may use the mount for
a conservation education program. The falconer shall ensure copies of the
license and all relevant 3-186A forms are retained with the mount. The mount
shall not count towards the falconer's possession limit.
5. A license holder submitting a carcass or
parts of a carcass of any raptor that has been euthanized shall ensure a tag
indicating the raptor was euthanized is attached to the carcass or parts of the
carcass before submitting it to the National Eagle Repository or non-eagle
repository, as applicable.
