Current through Register Vol. 43, No. 39, September 26, 2024
(a) The number of transactions transferring a
falconry raptor between permittees shall not be restricted if the permittee
taking possession of the raptor does not exceed the possession limit in K.A.R.
115-14-12.
(b) Upon the death of a
falconry permittee, the surviving spouse, executor, administrator, or other
legal representative of the deceased falconry permittee may transfer any raptor
held by the permittee to another authorized permittee within 90 days. After 90
days, the disposition of any raptor held under the permit shall be at the
discretion of the secretary.
(c) No
wild-caught raptor shall be sold or purchased, bartered, or traded, whether or
not the raptor has been transferred or held in captivity for any
period.
(d) A wild-caught raptor
may be transferred to another falconry permit holder in accordance with the
following requirements:
(1) The transferor
shall report the transfer within 10 calendar days by submitting the information
to the electronic database of the United States fish and wildlife
service.
(2) Upon transfer to
another properly permitted falconer, the raptor shall not count toward the
number of wild raptors that may be taken from the wild by the receiving
falconer.
(e) A
wild-caught raptor may be transferred to the holder of a raptor propagation
permit in accordance with the following provisions:
(1) A falconry raptor shall be transferred to
a properly permitted captive propagation permittee if the raptor is used for
propagation purposes for more than eight months.
(A) The individual holding the raptor
propagation permit may be the same individual holding the falconry permit or a
different person.
(B) Each raptor
that is transferred shall have been used for falconry for at least two calendar
years, except that the following raptor species shall have been used for
falconry for at least one calendar year:
(i)
Sharp-shinned hawk (Accipiter striatus);
(ii) Cooper's hawk (Accipiter
cooperii);
(iii) merlin
(Falco columbarius); and
(iv) American kestrel (Falco
sparverius).
(C) The falconry permittee shall report the
transfer within 10 calendar days by submitting the information to the
electronic database of the United States fish and wildlife service.
(D) The transferred bird shall be banded with
a black nylon, nonreusable, numbered band issued by the United States fish and
wildlife service.
(2) A
falconry raptor may be temporarily transferred to a permitted captive
propagation permittee for propagation purposes in accordance with the following
provisions:
(A) The individual holding the
raptor propagation permit may be the same individual holding the falconry
permit or a different person.
(B) A
falconry raptor shall not be used for captive propagation for more than eight
months in a calendar year.
(C) The
permittee shall notify the department in writing of the dates on which the bird
begins and ends captive propagation activity.
(3) A falconry raptor may be permanently
transferred to the holder of a permit type other than a falconry permit or
captive propagation permit in accordance with the following provisions:
(A) The transfer may occur regardless of the
time during which the wild-caught bird has been used for falconry
purposes.
(B) The bird shall have
been injured and a veterinarian or wildlife rehabilitator shall have determined
that the bird shall no longer be flown for falconry.
(C) The falconry permittee shall report the
transfer within 10 calendar days by submitting the information to the
electronic database of the United States fish and wildlife service. The
falconry permittee shall also provide a copy of the certification from the
veterinarian or wildlife rehabilitator stating that the bird cannot be used for
falconry to the regional migratory bird permit office of the United States fish
and wildlife service within 10 calendar days of the transfer.
(f) Any captive-bred
falconry raptor may be transferred to another falconry permit holder. The
transferor shall report the transfer within 10 calendar days by submitting the
transfer report to the electronic database of the United States fish and
wildlife service.
(g) A
captive-bred falconry raptor may be transferred to the holder of a permit type
other than falconry. The transferor shall report the transfer within 10
calendar days to the electronic database of the United States fish and wildlife
service.
(h) Any permittee may
acquire a raptor for falconry purposes from a permitted rehabilitator if all of
the following requirements are met:
(1) The
raptor shall be of an age and species allowed under the permittee's
classification level.
(2) The
acquisition shall not place the permittee in excess of the possession
limit.
(3) The transfer from the
rehabilitator to the permittee shall be at the discretion of the
rehabilitator.
(4) Each raptor
acquired by transfer from a rehabilitator shall count as one of the raptors
that the permittee is allowed to take from the wild for that calendar
year.
(5) The permittee shall
report each raptor acquired by transfer from a rehabilitator within 10 days of
the transfer by submitting the required information to the electronic database
of the United States fish and wildlife service.
This regulation shall be effective on and after December 31,
2012.
