Current through Register Vol. 43, No. 39, September 26, 2024
(a) Except as provided in this regulation,
any individual engaged in falconry who possesses a current Kansas falconry
permit or a current falconry permit from another state may engage in falconry
activities as authorized by law or regulation. The permittee shall be in the
immediate possession of the permit while trapping, transporting, working with,
or flying a falconry raptor. Each falconer wanting to capture a raptor from the
wild shall comply with K.A.R. 115-14-14. The permittee shall not be required to
have immediate possession of the falconry permit while the raptor is located on
the permitted premises of the falconry facility but shall produce the permit
upon request for inspection by any law enforcement officer authorized to
enforce the provisions of this regulation.
(b) Each individual wanting to engage in
falconry shall submit an application to the secretary for the appropriate
permit, on forms provided by the department. The application shall require at
least the following information to be provided:
(1) The applicant's name;
(2) the applicant's address;
(3) the address of the facilities where the
raptors are to be kept;
(4) the
species and number of raptors to be permitted in accordance with the
limitations specified in this regulation;
(5) the applicant's date of birth;
(6) the applicant's social security
number;
(7) the level of falconry
permit being applied for; and
(8)
any additional relevant information that may be required for the type of permit
as described within this regulation.
(c) Each falconry permit shall be valid from
the date of issuance through December 31 in the third calendar year after
issuance. A falconry permit may be renewed without the examination otherwise
required by this regulation if the permit is renewed before the current permit
expires.
(d) Each individual
holding a current valid falconry permit from another state, moving to Kansas
with the intent to establish residency, and wanting to bring that individual's
legally permitted raptors into the state shall meet the following requirements:
(1) The individual shall apply for the
appropriate level of Kansas falconry permit within 30 days after moving into
the state. The determination of which level of falconry permit is appropriate
for the applicant shall be based on the requirements of subsections (j), (k),
and (1).
(2) The individual shall
not be required to take the department's falconry examination specified in
paragraph (j)(3).
(3) The
individual shall notify the state where the individual formerly resided of the
individual's move, within 30 days of moving to Kansas.
(4) Any falconry birds held by the individual
under the former permit may be retained during the permit application and
issuance process in Kansas if the birds are kept in an appropriate facility as
specified in K.A.R. 115-14-13.
Each permanent facility to house falconry birds possessed under
this subsection shall be constructed, inspected, and approved in accordance
with K.A.R. 115-14-13 before the issuance of the Kansas falconry
permit.
(e) Each
individual whose permit has lapsed shall be allowed to reinstate that
individual's permit in accordance with this subsection.
(1) Any individual whose Kansas falconry
permit has lapsed for fewer than five years may be reinstated at the level
previously held if the individual submits a complete application and provides
proof of the previous level of certification. Each of the individual's
facilities shall pass the inspection requirements in K.A.R. 115-14-13 before
the individual may be allowed to possess a falconry raptor.
(2) Each individual whose Kansas falconry
permit has lapsed for five years or more shall be required to correctly answer
at least 80 percent of the questions on the department's falconry examination
specified in paragraph (j)(3). Upon passing the examination, the individual's
falconry permit shall be reinstated at the level previously held. Each of the
individual's facilities shall pass the inspection requirements in K.A.R.
115-14-13 before the individual may be allowed to possess a falconry
raptor.
(f) Any
individual whose falconry permit has been revoked or suspended may apply for
that individual's permit to be reinstated after the suspension period or
revocation. In addition to submitting a completed application to the
department, the individual shall be required to correctly answer at least 80
percent of the questions on the department's falconry examination specified in
paragraph (j)(3). Upon passing the examination, the individual's falconry
permit shall be reinstated at the level previously held. Each of the
individual's facilities shall pass the inspection requirements in K.A.R.
115-14-13 before the individual may be allowed to possess a falconry
raptor.
(g) Any individual residing
in Kansas who is not a citizen of the United States, has practiced falconry in
the individual's home country, and has not been previously permitted for
falconry in another state may apply for a temporary falconry permit. Each
temporary falconry permit shall be valid from the date of issuance through
December 31 in the third calendar year after issuance. The level of permit
issued shall be consistent with the level of permit types specified in
subsections (j), (k), and (1). In addition, the applicant shall meet the
following provisions:
(1) Any individual
covered under this subsection may apply for and receive a temporary falconry
permit in accordance with the following provisions:
(A) The individual applying for the temporary
permit shall be required to correctly answer at least 80 percent of the
questions on the department's falconry examination specified in paragraph
(j)(3).
(B) Upon passing the
examination, a temporary permit for the appropriate level shall be issued by
the department, based on the individual's documentation of experience and
training.
(C) The individual
holding the temporary permit may possess raptors for falconry purposes if the
individual has falconry facilities approved in accordance with K.A.R.
115-14-13. The individual holding a temporary permit may fly raptors held for
falconry by another permitted falconer. The individual holding a temporary
permit shall not take raptors from the wild for falconry purposes.
(2) Any individual holding a
temporary permit in accordance with this subsection may use any bird for
falconry that the individual legally possessed in the individual's country of
origin for falconry purposes if the importation of that species of bird into
the United States is not prohibited and the individual has met all permitting
requirements of the individual's country of origin.
(A) The individual shall comply with all
requirements for practicing falconry in the state. The individual shall acquire
all permits and comply with all federal laws concerning the importation,
exportation, and transportation of falconry birds; the wild bird conservation
act; the endangered species act; migratory bird import and export permits; and
the endangered species convention.
(B) Each falconry bird imported into the
state under this subsection shall be exported from the state by the temporary
permittee when the permittee leaves the state, unless a permit is issued
allowing the bird to remain in Kansas. If the bird dies while in the state, the
permittee shall report the loss to the department before leaving the
state.
(C) When flown free, each
bird brought into the state under the provisions of this subsection shall have
attached to the bird two radio transmitters that allow the permittee to locate
the bird.
(h)
Each individual who holds a current, valid Kansas falconry permit and resides
in another state, territory, or tribal land different from the individual's
primary Kansas residence for more than 120 consecutive days shall provide the
location of the individual's falconry facilities in the other jurisdiction to
the department. This information shall be listed on the individual's Kansas
falconry permit.
(i) Falconry
permits shall be issued for the following levels of permittees: apprentice
falconer, general falconer, and master falconer. Each applicant for a specific
level shall meet the requirements of subsection (j), (k), or (1).
(j) An "apprentice falconer" shall mean an
individual who is beginning falconry at an entry level, has no prior permitted
falconry experience, and meets the following requirements:
(1) The applicant shall be at least 12 years
of age. The application of any applicant under 18 years of age shall be signed
by a parent or legal guardian, who shall be legally responsible for the
applicant's activities.
(2) The
applicant shall have secured a written sponsor agreement either from a general
falconer with at least two years of falconry experience as a general falconer
or from a master falconer, stating that the falconer has agreed to mentor the
applicant for the duration of the apprentice permit.
(A) The sponsor agreement shall include a
statement from the general falconer or master falconer specifying that the
sponsor shall mentor the applicant in learning the husbandry and training of
raptors for falconry, learning relevant wildlife laws and regulations
concerning the practice of falconry, and deciding what species of raptor is
appropriate for the applicant to possess while practicing falconry at the
apprentice level.
(B) If the
general falconer or master falconer is not able to fulfill the sponsor
agreement to mentor the apprentice falconer, the apprentice shall secure a
sponsor agreement from another falconer with the necessary qualifications and
notify the department within 30 days of the change. The falconer sponsoring the
apprentice falconer shall notify the department in writing within 30 days of
withdrawing the falconer's mentorship.
(3) Each applicant for an apprentice falconry
permit shall be required to correctly answer at least 80 percent of the
questions on the department's falconry examination. The examination shall cover
the following topics:
(A) The care and
handling of falconry raptors;
(B)
federal and state laws and regulations relating to falconry; and
(C) other relevant subject matter relating to
falconry, including diseases and general health.
(4) Any applicant failing the examination may
reapply after 90 days.
(5) An
apprentice falconer shall not possess more than one raptor. Each apprentice
falconer shall be restricted to taking or possessing not more than one
wild-caught raptor from one of the following species:
(A) American kestrel (Falco
sparverius);
(B)
red-tailed hawk (Buteo jamaicensis); or
(C) red-shouldered hawk (Buteo
lineatus).
(6)
A raptor acquired by an apprentice falconer shall not have been taken from the
wild as an eyas or have become imprinted on humans. Any wild-caught raptor
species specified in paragraph (j)(5) may be transferred to the apprentice
falconer by another properly permitted falconry permittee.
An apprentice falconer shall not acquire more than one
replacement raptor during any 12-month period.
(7) The facilities used to house and keep the
raptor shall meet the requirements in K.A.R. 115-14-13.
(k) A "general falconer" shall mean an
individual who has been previously permitted as an apprentice falconer and
meets the following requirements:
(1) The
applicant shall be at least 16 years of age. The application of any applicant
under 18 years of age shall be signed by a parent or legal guardian, who shall
be legally responsible for the applicant's activities.
(2) Each application shall be accompanied by
a letter from general falconer or a master falconer stating that the applicant
has practiced falconry with wild raptors at the level of apprentice falconer,
or its equivalent, for at least two years, including maintaining, training,
flying, and hunting the raptor for at least four months in each year. This time
may include the capture and release of falconry raptors. A school or education
program in falconry shall not be substituted to shorten the required two years
of experience at the level of apprentice falconer.
(3) A general falconer may take and use any
species of
Accipitriform, Falconiform, or
Strigiform,
including wild or captive-bred raptors and hybrid raptors, as defined
in K.A.R. 115-14-11, for falconry, with the following exceptions:
(A) Golden eagle (Aquila
chrysaetos);
(B) bald
eagle (Haliaeetus leucocephalus);
(C) white-tailed eagle (Haliaeetus
albicilla); and
(D)
Steller's sea eagle (Haliaeetus pelagicus).
(4) A general falconer shall
possess no more than three raptors at any one time, regardless of the number of
state, tribal, or territorial falconry permits the general falconer possesses.
(l) A "master falconer"
shall mean an individual who has been previously permitted at the level of
general falconer and meets the following requirements:
(1) The applicant shall have practiced
falconry with that individual's own raptor as a general falconer for at least
five years.
(2) A master falconer
may take and use any species of
Accipitriform, Falconiform, or
Strigiform, including wild or captive-bred raptors and hybrid
raptors for falconry, with the following exceptions:
(A) A bald eagle (Haliaeetus
leucocephalus) shall not be possessed.
(B) Golden eagles
(Aquila
chrysaetos), white-tailed eagles
(Haliaeetus albicilla),
or Steller's sea eagles
(Haliaeetus pelagicus) may be
possessed if the permittee meets the following requirements:
(i) The permittee shall not possess more than
three raptors of the species listed in paragraph (1)(2)(B).
(ii) The permittee shall provide
documentation to the department of the permittee's experience in handling large
raptors, including information about the species handled and the type and
duration of the activity in which the experience was gained.
(iii) The permittee shall provide the
department with at least two letters of reference from people with experience
in handling or flying large raptors including eagles, ferruginous hawks
(Buteo regalis), goshawks (Accipiter gentilis),
or great horned owls (Bubo virginianus). Each letter
shall contain a concise history of the author's experience with large raptors,
which may include the handling of raptors held by zoos, rehabilitating large
raptors, or scientific studies involving large raptors. Each letter shall also
assess the permittee's ability to care for eagles and fly them for falconry
purposes.
(C) The
possession of a golden eagle, white-tailed eagle, or Steller's sea eagle shall
count as one of the wild raptors that the permittee is allowed to
possess.
(D) A master falconer may
possess wild or captive-bred raptors or hybrid raptors of the species allowed
by this subsection.
(E) A master
falconer shall possess no more than five wild-caught raptors, including golden
eagles, regardless of the number of state, tribal, or territorial falconry
permits that the falconer possesses.
(F) A master falconer may possess any number
of captive-bred raptors. However, the raptors shall be trained to pursue wild
game and shall be used for hunting.
(m) A falconry permit may be denied,
suspended, or revoked by the secretary for any of the following reasons:
(1) The application is incomplete or contains
false information.
(2) The
applicant does not meet the qualifications specified in this
regulation.
(3) The applicant has
failed to maintain or to submit required reports.
(4) The applicant has been convicted of
violating department laws or regulations relating to hunting or the practice of
falconry or has had any other department license or permit denied, suspended,
or revoked.
(5) Issuance of the
permit would not be in the best interests of the public, for reasons including
complaints or inappropriate conduct while holding a previous falconry permit.
This regulation shall be effective on and after December 31,
2020.
