Current through Register Vol. 47, No. 17, September 10, 2024
The following restrictions shall apply to the capture of
raptors:
A. Except as provided herein,
only Colorado residents in possession of a valid Colorado falconry license may
take any raptor from the wild. Raptors may only be taken from the wild between
June 1 and January 31 annually. In addition, eyas raptors may also be taken
from the wild from May 1 through May 31 annually.
B. Nonresident falconers may take a raptor
from the wild in Colorado only when they possess a valid nonresident take
license. The fee for a nonresident falconry take license shall be $150.00,
which fee shall be periodically reviewed and adjusted to ensure that it is
equivalent to the fees for comparable licenses in the states, provinces, or
territories which allow reciprocal take of raptors for Colorado
residents.
C. Nonresident take of
wild raptors in Colorado is further restricted as follows:
1. Twenty (20) nonresident take licenses may
be issued annually pursuant to a random drawing process.
Application Process
a. Applications will be accepted online only
on an application form provided by the Division.
b. Only complete and correct applications
will be accepted and no person may submit more than one application per license
year.
c. Each application must be
accompanied by a payment method for the license fee and a $3.00 non-refundable
application fee.
d. Each
application form must be submitted online no later than midnight on the last
Tuesday in August.
e. Any
nonresident take licenses remaining after the random draw may be issued on a
first-come, first-served basis beginning the second Tuesday of
September.
2.
Nonresidents may only take raptors in Colorado from October 1 through December
31 annually.
3. A nonresident take
license is valid for the take of one raptor, and only one nonresident take
license may be obtained annually by any one person.
4. Nonresident falconers must have a current
and valid falconry license for the species they desire to take issued by a
state that allows Colorado resident take of wild raptors for falconry
purposes.
5. Nonresidents shall not
take from the wild in Colorado any Peregrine falcon, Gyrfalcon, kite, osprey,
owl, or any state or federally threatened or endangered raptor.
6. All raptors taken under the authority of a
nonresident take license must be banded prior to being exported from
Colorado.
D. From May 1
through September 30 annually, take limit quotas are hereby established for the
following species. From October 1 through January 31, no take limit quota
applies. Prior to each take attempt, but not earlier than 5:00 p.m. of the day
before the attempt, any licensee wishing to take the following species must
call 303-291-7144 to determine which species have not reached the take limit
quota and are open to take. If one of the following species is taken from the
wild pursuant to this regulation, the licensee must report such take by calling
303-291-7144 within 24 hours of such take. It shall be unlawful to take any of
the following species after the take limit quota has been reached.
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Species
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Take Limit
Quota
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Ferruginous hawk
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4
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E. No person shall intentionally capture a
raptor species from the wild that their classification as a falconer does not
allow them to possess for falconry. If any person captures a raptor from the
wild that they are not allowed to possess, they must release it
immediately.
F. The only wildlife
taken from the wild which may be used as bait to attract or capture falconry
raptors are the European starling, House (English) sparrow, Eurasian
collared-dove or mice, except those mice listed as federally or state
threatened or endangered species. This regulation shall not exclude the use of
lawfully possessed domestic animals or wildlife purchased from a licensed
commercial or noncommercial park and held under the authority of a
receipt.
G. Any raptor captured by
a licensee during a 12-month period shall count against the number of raptors
that licensee may take from the wild annually, regardless of whether or not
that licensee transfers the raptor to another licensee. Such annual period
shall be from April 1 to March 31 annually.
H. If more than one licensed falconer is
present at the capture site when a raptor is captured, the raptor shall only
count as a raptor taken from the wild for the licensed falconer that takes the
raptor into possession at the capture site, even if another licensed falconer
physically captured the raptor. The raptor shall not count against the licensed
falconer that captured the raptor if the raptor is immediately provided to the
licensed falconer intending to take the raptor into possession at the capture
site. The licensed falconer in possession of the raptor must report such action
as required by these regulations.
I. If a licensee is not at the immediate
location where the raptor is taken from the wild, the person who removes the
raptor from the wild must be a general or master falconer, and that raptor
shall count against the number of raptors that person may take from the wild
annually. The person who removed the raptor from the wild must report take of
the raptor as required by these regulations.
J. If a licensee has a long-term or permanent
physical impairment that prevents them from attending the capture of a falconry
raptor intended for use by that licensee, a general or master falconer may
capture a bird for that licensee. Any such raptor shall count against one of
the birds the licensee with the physical impairment may take from the wild. The
licensee must report take of the raptor as required by these regulations.
1. Applicants under this program must have a
mobility impairment resulting from permanent medical conditions, which makes it
physically impossible for them to attend the capture of a falconry raptor.
Evidence of an impossibility to attend the capture may include, but is not
limited to, prescribed use of a wheelchair; shoulder or arm crutches; walker;
two canes; or other prescribed medical devices or equipment.
2. Applications for mobility-impaired status
shall be made at https://cpw.state.co.us/aboutus/Pages/SWL-RaptorEntry.aspx,
and shall contain a statement from a licensed medical doctor or a certified
physical, occupational, or recreational therapist describing the applicant's
mobility impairment and the permanent medical condition which makes it
impossible for the applicant to attend the capture of a falconry raptor.
Additional documentation may be required if necessary to establish the
applicant's eligibility.
K. Any raptor injured due to falconer
trapping efforts shall remain the responsibility of the licensee, who shall
assume all costs of care and rehabilitation of any such raptor. Any raptor
injured as a result of the take attempt shall count against the take and
possession limit of the licensee, and must be dealt with in one of the
following ways:
1. A licensee may place the
injured raptor on their license. The licensee shall report take as required by
these regulations; OR,
2. A
licensee may give the injured raptor directly to a veterinarian or a
properly-licensed wildlife rehabilitator. The licensee shall report take as
required by these regulations. If possessed by a veterinarian or a
rehabilitator, a raptor taken under this subparagraph must be surrendered to
the care of the falconer assuming costs and care of rehabilitation immediately
upon request of the falconer.
L. Any captured raptor with an injury
sustained prior to the capture attempt may be given directly to a veterinarian
or a properly-licensed wildlife rehabilitator, and shall not count against the
take and possession limit of the licensee.
M. Recapture of Falconry Raptors
1. A licensee may recapture their escaped or
lost falconry raptor at any time. Such recapture shall not count against the
licensee as a bird taken from the wild.
2. Any raptor wearing falconry equipment or
any captive-bred raptor may be recaptured at any time, even if a person does
not possess the appropriate falconry license. Any such recaptured raptor shall
be reported as required by these regulations.
3. Raptors recaptured and temporarily
possessed by a licensee other than the original licensee shall not count
against the number of birds that person is allowed to possess or take from the
wild, provided further that the person who recaptures the bird must report such
temporary possession as required by these regulations.
4. Any recaptured falconry raptor must be
returned to the person who lost it, if that person may legally possess it. If
that person may not legally possess it or does not wish to possess it, the
person who recaptured the bird may keep it, so long as all other provisions of
these regulations are met. The disposition of any recaptured raptor not
returned to the person who lost it is at the discretion of the
Division.
N. Raptors
other than Peregrine Falcons
1. No person
shall take any raptor egg from the wild.
2. When an eyas raptor is removed from a nest
or aerie at least one live eyas raptor shall remain in the nest or
aerie.
3. The only adult raptors
that may be captured and removed from the wild are the American kestrel and the
Golden eagle, providing further that any Golden eagle may only be captured and
removed from the wild as follows:
a. Only a
master falconer may intentionally capture a Golden eagle, and then only under
the following conditions:
1. No person may
intentionally capture more than two Golden eagles in any license
year.
2. Golden eagles may be taken
from the wild only in a Livestock Depredation Area, and only during the time
the depredation area is in effect.
3. A licensee may only capture an immature or
sub-adult Golden eagle; except that a licensee may capture a nesting adult or
take nestlings from their nest if a biologist representing the agency
responsible for declaring the depredation area has determined that the adult
eagle is preying on livestock.
4.
At least three days before beginning any trapping activities, a licensee must
inform the applicable U.S. Fish and Wildlife Service regional office of their
capture plans.
5. Prior to entering
the depredation area, a licensee must have permission from the landowner or
applicable responsible agency.
4. Raptors may be captured only with traps or
nets which are humane in their operation and use. Traps of such construction as
Swedish goshawk traps must be attended regularly at least at 12-hour intervals.
All other trapping devices must be constantly attended while in use.
5. In order to take a raptor species from the
wild that has been recently removed from the Federal List of Endangered and
Threatened species, a licensee must first verify that the U.S. Fish and
Wildlife Service has published a management plan for the species, and that such
plan allows for take of the desired species.
O. Capture of Peregrine Falcons:
Peregrine falcons may be captured and removed from the
wild only in accordance with the following provisions:
1. Capture Quotas
a. Up to four Peregrine falcon capture
permits may be issued annually to licensed Colorado master or general falconers
pursuant to a random drawing process.
1.
Applications for Peregrine falcon capture permits will be accepted online only
on an application provided by the Division.
2. Only complete and correct applications
will be accepted, and no person may submit more than one application per
license year.
3. Each application
must be submitted online no later than April 1, or the first business day in
April if April 1 is on a weekend.
4. Any person who takes a Peregrine falcon
shall be ineligible to apply for or participate in a Peregrine falcon license
drawing for five years or to purchase a leftover capture permit for the same
five-year period.
5. Leftover
capture permits may be purchased on a first-come, first-served basis with
priority determined by the order in which complete applications are submitted
online with proper payment method.
2. Provisions of Take
a. No person shall take any Peregrine falcon
from the wild that is banded with a Federal Bird Banding Laboratory aluminum
band or any research band. Any such Peregrine falcon, if captured, must be
immediately released, provided further that if a Peregrine falcon has a
transmitter attached, a licensee may possess the falcon for up to 30 days in
order to contact the researcher to determine if the researcher wishes to
replace the transmitter or its batteries. If the researcher wishes to do so, or
to have the transmitter removed, the researcher or their designee can make the
change or allow the licensee to do so before the falcon is released. If the
researcher does not wish to keep the transmitter on the falcon, the licensee
may keep the falcon providing they comply with all other provisions of these
regulations.
b. Peregrine falcon
capture licenses are valid from June 1 through August 31 and authorize the take
of one eyas or recently-fledged young. An eyas peregrine falcon may not be
removed from its eyrie prior to 10 days of age. Peregrine falcon eyries may not
be entered when young are 28 days or more of age.
c. Take of Eyas or Recently-Fledged Peregrine
Falcons
1. A Division representative need not
be present during capture attempts of eyas or recently-fledged young. However,
a Division representative may choose to be present during any capture attempt
and the license holder must allow for such participation by a Division
representative. License holders must contact the local District Wildlife
Manager at least seven days in advance and provide notification of any proposed
capture schedule.
2. No adult or
passage (first-year) Peregrine falcon may be taken from the wild. Any adult or
passage Peregrine falcon which is incidentally captured while attempting take
of eyas or recently-fledged peregrine falcons shall be immediately
released.
3. When an eyas or
recently-fledged peregrine falcon is removed from a nest or aerie at least one
live eyas or recently-fledged peregrine shall remain in the nest or
aerie.
d. Peregrine
Falcon Capture License Requirements
1.
Immediately upon taking any Peregrine falcon into possession, the license
holder shall void the capture license provided as part of their license, and
write on the capture license the time, date and location of take. Such voided
permit authorizes possession of the raptor by the license holder, and shall
remain with the raptor until banded by a Division representative, upon which
time it shall be surrendered. The license holder shall report such action as
required by these regulations.
