Current through Register Vol. 50, No. 9, March 1, 2024
RELATES TO:
KRS
150.010,
150.180,
150.183,
150.290,
150.305,
150.320,
150.330,
150.360
NECESSITY, FUNCTION, AND CONFORMITY:
KRS
150.025(1) authorizes the
department to promulgate administrative regulations establishing open seasons
for the taking of wildlife, bag limits, and methods of taking wildlife, and to
make these requirements apply to a limited area.
KRS
150.280(1) requires the
department to promulgate administrative regulations establishing procedures for
propagating and holding of protected wildlife. 50 C.F.R. Parts 13, 17, 21, and
22 establish requirements for permitting, taking, possessing, and selling of
raptors and endangered and threatened species. This administrative regulation
establishes permitting, taking, possessing, and reporting requirements for
people engaged in falconry and raptor propagation.
Section 1. Definitions.
(1) "Adult" means a raptor that is at least
one (1) year old.
(2) "Captive-bred
raptor" means a raptor, or the eggs thereof, hatched in captivity from parents
in captivity.
(3) "Eyas" means a
young raptor that is still in the nest and not capable of flight.
(4) "Falconry" means caring for and training
wild or captive-bred raptors for the pursuit of wild game.
(5) "Hack" means the temporary release of a
raptor held for falconry to the wild so that it can survive on its
own.
(6) "Hybrid raptor" means an
offspring produced by two (2) distinct raptor species.
(7) "Imprinted" means a raptor that has been
hand-raised by a human in isolation from the sight of other raptors from two
(2) weeks of age through fledging.
(8) "Native raptor" means a raptor species
which has historically existed or currently exists in the wild in Kentucky
without introduction by humans.
(9)
"Passage bird" means a raptor less than one (1) year of age that is capable of
sustained flight and is no longer dependent on parental care.
(10) "Wild raptor" means a raptor that was
originally taken from the wild.
Section 2. Federal requirements. Except as
established in Sections 3 through 11 of this administrative regulation, a
person shall be in compliance with the federal requirements established in 50
C.F.R. Parts:
(1) 13;
(2) 17;
(3) 21; and
(4) 22.
Section 3. Permits and Licenses.
(1) A person shall be required to obtain and
possess a valid falconry permit to take or possess a raptor for use in
falconry.
(2) A raptor obtained
with a valid falconry permit shall not be used or kept for purposes other than
falconry.
(3) A person with a valid
state or federal falconry permit:
(a) May take
wildlife pursuant to applicable statewide requirements if the falconer:
1. Has a valid Kentucky hunting license;
or
2. Is hunting license exempt
pursuant to
KRS
150.170; and
(b) Shall not be required to obtain a
wildlife transportation permit pursuant to
301 KAR
2:081 and
301 KAR
2:082 if the person:
1. Is importing or transporting a legally
held falconry raptor into Kentucky; or
2. Is transporting a legally held falconry
raptor into and through Kentucky to a destination outside of
Kentucky.
Section 4. Falconry Permit Requirements,
Classes of Permits, and Apprentice Sponsors.
(1) To obtain a falconry permit of any class,
a person shall:
(a) Complete a Kentucky
Falconry Permit Application form provided by the Department; and
(b) Submit to the department:
1. The completed application;
2. The appropriate fee, as established in
301 KAR
3:022; and
3. A completed Raptor Facilities and
Equipment Inspection Report form signed by a department conservation officer,
department biologist, or department approved representative.
(2) An apprentice
falconry permit applicant shall:
(a) Be at
least twelve (12) years old;
(b)
Obtain a sponsor who holds a valid Kentucky general or master falconry permit
pursuant to subsection (12) of this section;
(c) If under eighteen (18) years old, have a
parent or legal guardian co-sign the application;
(d) Contact the department to schedule a time
to take a written exam administered by the department;
(e) Provide photo identification prior to
taking the exam;
(f) Complete the
written exam within ninety (90) minutes;
(g) Only take the written exam one (1) time
in a given day; and
(h) Pass the
written examination by scoring a minimum of eighty (80) percent.
(3) An applicant shall not take
more than three (3) exams in any twelve (12) month period.
(4) A person shall submit an application
within twelve (12) months of passing the falconry exam, or the application
shall be invalid.
(5) An apprentice
class falconry permit holder shall:
(a) Only
possess one (1) of the following wild or captive-bred raptors at any given
time:
1. American kestrel (Falco
sparverius);
2. Red-tailed hawk
(Buteo jamaicensis);
3.
Red-shouldered hawk (Buteo lineatus); or
4. Harris's hawk (Parabuteo
unicinctus);
(b) Not
possess a raptor:
1. Taken from the wild as a
nestling; or
2. That is imprinted
on humans; and
(c) Only
take a wild raptor under the direct supervision of the permit holder's
sponsor.
(6) A general
class falconry permit applicant shall:
(a) Be
at least sixteen (16) years old;
(b) If under eighteen (18) years old, have a
parent or legal guardian co-sign the application;
(c) Have practiced falconry at the apprentice
level for at least two (2) years; and
(d) Have complied with all previous year
reporting requirements, if applicable, pursuant to Section 7 of this
administrative regulation.
(7) A first time general class permit
applicant shall:
(a) Submit to the department
a completed Kentucky Apprentice Falconer Activity Report;
(b) Practice falconry with a wild raptor at
the apprentice level for at least two (2) years; and
(c) Maintain, train, and hunt with a raptor
for an average of six (6) months per year with at least four (4) months in each
year.
(8) A general
class falconry permit holder shall:
(a) Be
allowed to possess the following:
1. A raptor
obtained from the wild;
2. A hybrid
raptor; or
3. A captive-bred
raptor; and
(b) Not
possess more than three (3) of the following raptors at any given time:
1. Great horned owl (Bubo virginianus);
or
2. Any member of the Order
Falconiformes, except for the following species which shall not be possessed:
a. Golden eagle (Aquila
chrysaetos);
b. Bald eagle
(Haliaeetus leucocephalus);
c.
White-tailed eagle (Haliaeetus albicilla); or
d. Stellar's sea eagle (Haliaeetus
pelagicus).
(9) A master class falconry permit applicant
shall:
(a) Have held a valid general class
falconry permit for at least five (5) years; and
(b) Have complied with all previous year
reporting requirements, pursuant to Section 7 of this administrative
regulation.
(10) A first
time master class permit applicant shall submit to the department a completed
Kentucky General Falconer Upgrade Report, signed by the applicant and one (1)
reference who is a permitted master or general class falconer, attesting that
the applicant has practiced falconry:
(a) At
the general class permit level for at least five (5) years; and
(b) For an average of four (4) months a year,
in at least four (4) out of the last five (5) years.
(11) A master class falconry permit holder:
(a) Shall not possess more than five (5) of
the following wild raptors at any given time:
1. Great horned owl; and
2. Any member of the Order Falconiformes
except a bald eagle;
(b)
Shall obtain prior approval from the department pursuant to the requirements of
50 C.F.R. 21 and 22 to possess any of the following raptors:
1. Golden eagle;
2. White-tailed eagle; or
3. Stellar's sea eagle; and
(c) May possess any number of
captive-bred raptors of the species allowed in paragraph (a) and (b) of this
subsection.
(12) An
apprentice sponsor shall:
(a) Not have more
than three (3) apprentices at any given time;
(b) Be at least eighteen (18) years
old;
(c) Possess a valid Kentucky
general or master class falconry permit;
(d) Have held a general class falconry permit
for a minimum of two (2) years; and
(e) Submit a signed letter to the department:
1. Attesting that the sponsor will assist the
apprentice in:
a. Learning about the husbandry
and training of raptors held for falconry;
b. Learning relevant wildlife laws and
regulations;
c. Deciding which
species of raptor is most appropriate for the apprentice to possess;
d. Providing direct supervision to the
apprentice while trapping wild raptors; and
e. Evaluating the apprentice's facility and
bird a minimum of one (1) time every twelve (12) months; and
2. Containing the sponsor's:
a. Name;
b. Falconry permit number;
c. Address; and
d. Telephone number.
(13) A sponsor who is
withdrawing sponsorship of an apprentice shall:
(a) Notify the department in writing within
five (5) days of withdrawing the sponsorship; and
(b) Provide the apprentice with a signed and
dated document stating the length of time that the apprentice practiced
falconry under the sponsor's guidance.
(14) An apprentice who loses sponsorship
shall obtain a new sponsor within thirty (30) days from the sponsor's
notification of withdrawal.
(15) A
new sponsor shall be in compliance with the requirements established in
subsection (7) of this section.
(16) If an apprentice fails to obtain a new
sponsor within thirty (30) days, the department shall:
(a) Revoke the apprentice's falconry permit;
and
(b) Confiscate any raptor in
the apprentice's possession if the apprentice does not transfer ownership of
the raptor to another licensed falconer.
(17) A non-resident falconer who moves to
Kentucky to establish residency shall apply for the appropriate Kentucky
falconry permit within thirty (30) days after moving.
(18) A resident falconry applicant who is a
new resident of the United States shall obtain the appropriate Kentucky
falconry permit by:
(a) Meeting the
application requirements established in subsection (1) of this
section;
(b) Contacting the
department to schedule a time to take a written examination administered by the
department;
(c) Passing the written
examination by scoring a minimum of eighty (80) percent; and
(d) Providing to the department written
documentation of previous falconry experience including:
1. The number of years the applicant has
practiced falconry;
2. The raptor
species used in falconry; and
3.
The game species taken with falconry.
(19) A person who held a valid Kentucky
falconry permit within the last five (5) years, but has allowed the permit to
lapse, may apply for reinstatement at the class level previously held by:
(a) Complying with the application
requirements established in subsection (1) of this section; and
(b) Providing the department with proof of
previous certification at that class level.
(20) An apprentice or general falconer whose
Kentucky falconry permit has lapsed for a period greater than five (5) years
may apply for reinstatement at the class level previously held by:
(a) Complying with the application
requirements established in subsection (1) of this section;
(b) Complying with the examination
requirements established in subsection (2) of this section; and
(c) Providing the department with proof of
previous certification at that class level.
(21) A master class permittee whose Kentucky
falconry permit has lapsed for a period greater than five (5) years will be
reinstated at the general class level, provided he satisfies the application
requirements in subsection (1) of this section.
(a) A person formerly permitted at the master
class level and reinstated at the general class level shall actively practice
falconry for an average of four (4) months a year in at least two (2) out of
the last three (3) years prior to upgrading to a master class permit.
(b) A person applying for master class
reinstatement shall:
1. Submit to the
department a Kentucky General Falconer Upgrade Report;
2. Have complied with all previous years'
reporting requirements, as established in Section 7; and
3. Provide the department with proof of
previous certification at the master class level.
(22) A falconry permit holder
shall not be required to pay the permit fee established in
301 KAR
3:022 if the permit holder's current permit has not
yet expired and the permit holder is applying for:
(a) An upgrade to the next falconry class;
or
(b) A facility
relocation.
Section
5. Facility, Equipment, and Care Requirements.
(1) A falconry permit holder shall comply
with all federal requirements established in 50 C.F.R. Part 21 for the permit
holder's:
(a) Facility;
(b) Equipment; and
(c) Treatment and care for possessed
raptors.
(2) A permittee
shall keep all:
(a) Raptors in humane and
healthy condition; and
(b)
Facilities and equipment in serviceable, safe, and sanitary condition, as
established in 50 C.F.R. Part 21.
(3) A falconry permit holder who is
relocating a raptor facility shall:
(a) Notify
the department within five (5) business days of relocation; and
(b) Have a relocated raptor facility
inspected and approved by a department conservation officer, department
biologist, or department approved representative within thirty (30) days of
relocation.
(4) A
department conservation officer, department biologist, or department approved
representative shall only inspect a raptor facility:
(a) In the presence of the permit
holder;
(b) On a weekday;
and
(c) Between 8 a.m. and 8 p.m.
local time.
Section
6. Banding, Tagging, and Telemetry Requirements.
(1) A falconry permit holder shall comply
with federal banding, tagging, and telemetry requirements established in 50
C.F.R. Part 21 .
(2) A falconry
permit holder who is required by federal regulations to band a raptor shall:
(a) Contact the department to request leg
bands at least fifteen (15) days prior to obtaining a raptor; and
(b) Only use U.S. Fish and Wildlife Service
leg bands that are issued by the department.
(3) A falconry permit holder shall attach at
least two (2) radio transmitters to a hybrid raptor if the permit holder is
flying it untethered in the wild.
Section 7. Raptor Take and Release,
Recordkeeping, and Reporting Requirements.
(1)
Unless exempted by
KRS
150.170, a Kentucky falconry permit holder
shall have in possession a valid Kentucky hunting license when taking a raptor
from the wild.
(2) When taking a
raptor from the wild, a nonresident shall have in possession:
(a) A valid Kentucky nonresident hunting
license;
(b) A valid falconry
permit or equivalent from the nonresident's home state; and
(c) An approved Kentucky Nonresident Raptor
Take Form.
(3) To obtain
a Kentucky Nonresident Raptor Take Form, a person shall:
(a) Print a copy of the form from the
department's Web site at fw.ky.gov; or
(b) Contact the department at 800-858-1549
and request a mailed copy.
(4) A person shall submit to the department a
completed and signed Kentucky Nonresident Raptor Take Form at least fifteen
(15) working days prior to the requested take date.
(5) A falconry permit holder shall be
responsible for complying with all applicable federal requirements if taking
raptors on federal land.
(6) A
falconry permit holder who is a nonresident shall only take one (1) legal
raptor in Kentucky per calendar year.
(7) An approved Kentucky Nonresident Raptor
Take Form shall only be issued to a person whose state of residence allows a
Kentucky resident to legally take a raptor from that state.
(8) A nonresident falconer who takes a raptor
in Kentucky shall submit to the department a completed and signed Falconry Take
Location Report within five (5) days of taking a bird.
(9) A licensed falconer shall comply with all
raptor take requirements established in 50 C.F.R. 21 in addition to the
requirements established in this section.
(10) A resident falconry permit holder shall
not take more than two (2) raptors from the wild in any calendar
year.
(11) An eyas shall only be
taken:
(a) By a general or master class
falconry permit holder; and
(b)
From January 1 through July 31.
(12) A person shall not take more than one
(1) sharp-shinned hawk (Accipter striatus) eyas per calendar year.
(13) There shall be an annual maximum quota
for sharp-shinned hawk eyases of:
(a) Ten (10)
for Kentucky residents; and
(b)
Five (5) for nonresidents.
(14) Prior to taking a sharp-shinned hawk
eyas, a person shall be responsible for calling the department at 800-858-1549
to check if the sharp-shinned hawk eyas annual quota has been
reached.
(15) A person shall not
take a sharp-shinned hawk eyas from a nest unless there are at least three (3)
eyases in the nest.
(16) Each
person who takes a sharp-shinned hawk eyas shall submit to the department the
Falconry Take Location Report within five (5) days of possession.
(17) Any permit class falconer may take a
passage bird if it is a species the falconer is allowed to possess as
established in Section 4 of this administrative regulation.
(18) The allowable period of take for:
(a) A passage bird, other than a great horned
owl, shall be September 1 through January 31;
(b) An adult or passage bird great horned owl
shall be September 1 through October 31; and
(c) An adult American kestrel shall only be
taken from September 1 through January 31.
(19) An adult American kestrel or adult great
horned owl shall only be taken by a:
(a)
General class permit holder; or
(b)
Master class permit holder.
(20) A person shall not release the following
raptors into the wild:
(a) A non-native
raptor;
(b) A hybrid raptor;
or
(c) A captive-bred, native
raptor.
(21) Prior to
releasing a raptor into the wild, a person shall remove all leg bands from the
bird, except that a falconer who intends to release a wild caught peregrine
falcon previously used in falconry shall contact the department's Falconry
Coordinator to:
(a) Have the department band
the bird with a permanent band; and
(b) Release the bird only in a county
approved in writing by the department's Falconry Coordinator.
(22) A falconry permit holder
shall complete and submit to the department a federal form 3-186A or enter the
required information in the federal database at
https://epermits.fws.gov/falcP/
within five (5) days if a raptor is:
(a) Acquired;
(b) Transferred;
(c) Released;
(d) Lost;
(e) Rebanded;
(f) Microchipped;
(g) Stolen; or
(h) Dead.
(23) A falconer shall retain copies of each
submitted 3-186A form or the electronically submitted data for a minimum of
five (5) years following a raptor's:
(a)
Transfer;
(b) Release;
(c) Loss; or
(d) Death.
Section 8. Transfer of Ownership and
Propagation.
(1) A falconry permit holder may
transfer ownership of a wild-caught raptor pursuant to 50 C.F.R. Part 21 , but
shall not engage in the following activities with wild-caught raptors:
(a) Selling;
(b) Purchasing;
(c) Trading; or
(d) Bartering.
(2) A falconry permit holder may transfer a
wild-caught raptor to a person who possesses a valid federal raptor propagation
permit if:
(a)
1. The raptor has been used in falconry for
at least one (1) year for the following species:
a. Sharp-shinned hawk;
b. Cooper's hawk (Accipter
cooperii);
c. Merlin (Falco
columbarius); or
d. American
kestrel; or
2. The
raptor has been used in falconry for at least two (2) years for all other legal
species of raptor; and
(b) The person receiving the transferred bird
possesses a valid state captive wildlife permit.
(3) A person who legally possesses a
captive-bred raptor may engage in the activities listed in subsection (1)(a)
through (d) of this section if:
(a)
1. The transferred bird is marked with a
metal leg band; or
2. The
transferred bird is implanted with a microchip pursuant to 50 C.F.R. Part 21;
and
(b) The person in
receipt of the bird possesses:
1. The
appropriate class falconry permit; or
2. A valid federal raptor propagation
permit.
(4) A
person shall not breed or propagate a native raptor without first obtaining:
(a) A federal raptor propagation permit,
pursuant to 50 C.F.R. Part 21; and
(b) The appropriate Kentucky captive wildlife
permit, pursuant to
301 KAR
2:081.
(5) A person who is propagating a native
raptor shall submit to the department copies of all the following materials
required by 50 C.F.R. Part 21:
(a) The raptor
propagation application;
(b)
Propagation records; and
(c)
Propagation reports.
(6)
The materials required in subsection (5) of this section shall be submitted to
the department by the same dates required in 50 C.F.R. Part 21.
Section 9. Other Activities.
(1) A falconry permit holder may use a raptor
for conservation education programs, pursuant to 50 C.F.R. Part 21.
(2) A falconry permit holder who is in
compliance with the permit requirements for Special Purpose Abatement, pursuant
to 50 C.F.R. Part 21, may receive payment for nuisance wildlife control work if
the permit holder also possesses a valid Kentucky Commercial Nuisance Wildlife
Control permit, pursuant to
301 KAR
3:120.
(3)
A person may assist a permitted wildlife rehabilitator, as established in
301 KAR
2:075, in conditioning raptors for subsequent release
into the wild if the person is:
(a) A general
or master class falconry permit holder; and
(b) Working with a species the falconry
permit holder is allowed to possess.
(4) A general or master class permit holder
may hack a raptor, previously used for falconry, if the permit holder is in
compliance with 50 C.F.R. 21 and contacts the department to provide the
information established in paragraph (a) through (d) of this subsection.
(a) The hack site location;
(b) The species of raptor;
(c) The origin of the raptor; and
(d) The planned hacking dates.
Section 10. Passage
Tundrius Peregrine Falcon Take Opportunity Drawing.
(1) Dependent upon the number of passage
tundrius peregrine falcon take opportunities allocated to the department by the
U.S. Fish and Wildlife Service, the department shall administer a random
drawing annually for the passage tundrius peregrine falcon take opportunities
allocated.
(2) One passage tundrius
peregrine falcon take opportunity, authorizing the take of one (1) passage
tundrius peregrine falcon, will be awarded per drawn falconer.
(3) To be eligible for the passage tundrius
peregrine falcon take opportunity drawing, falconers shall:
(a) Be a resident of Kentucky;
(b) Have a valid Kentucky resident hunting
license or be license exempt, as established in
KRS
150.170;
(c) Have a valid Kentucky master class
falconry permit, pursuant to Section 4 of this administrative
regulation;
(d) Submit to the
department a complete and accurate online application at fw.ky.gov by July 31;
and
(e) Not have been convicted of
violating any Kentucky falconry regulation in the past five (5)
years.
(4) The
department will notify the drawn falconer, by their preferred method of contact
as indicated on the application, no later than August 15.
(5) Upon notification, drawn falconers must
contact the department's Falconry Coordinator by phone or email within ten (10)
calendar days to accept the passage tundrius peregrine falcon take opportunity.
Failure to accept a passage tundrius peregrine falcon take opportunity within
ten (10) calendar days will result in a forfeiture of the passage tundrius
peregrine falcon take opportunity.
(6) If the passage tundrius peregrine falcon
take opportunity is forfeited, the department shall conduct additional random
drawings until the passage tundrius peregrine falcon take opportunity is
accepted or until the take period has passed, as established in this
section.
(7) If a passage tundrius
peregrine falcon take opportunity is awarded and accepted, the drawn falconer
shall:
(a) Carry on his or her person an
authorization letter provided by the department to take one (1) passage
tundrius peregrine falcon;
(b) Only
take a passage tundrius peregrine falcon between September 20 and October 20 of
the year the passage tundrius peregrine falcon take opportunity is
awarded;
(c) Not take or attempt to
take a passage tundrius peregrine falcon from a county in which the trapping of
a passage tundrius peregrine falcon is prohibited, as established by the
department;
(d) Immediately release
any captured peregrines of non-tundrius subspecies or birds with a band or
research marker, except that bands and research marker information must be
photographed or otherwise recorded and reported to the department within
forty-eight (48) hours of release;
(e) Report to the department's Falconry
Coordinator the take of a passage tundrius peregrine falcon within twenty-four
(24) hours by phone or email at FWFalconry@ky.gov;
(f) Within ten (10) calendar days of taking
of a passage tundrius peregrine falcon, make arrangements for the department
to:
1. Inspect the passage tundrius peregrine
falcon. If the captured falcon is determined not to be a passage tundrius
peregrine falcon, the bird shall be surrendered to the department on site;
and
2. Band the captured passage
tundrius peregrine falcon with a U.S. Fish and Wildlife Service falconry band;
and
(g) Not be eligible
to participate in the random drawing for the subsequent two (2)
years.
(8) The passage
tundrius peregrine falcon take opportunity is nontransferable.
Section 11. Revocation of Permits
and Appeal Procedure.
(1) The department shall
revoke the permit, deny the issuance of a new permit, or deny a renewal of an
existing or lapsed permit for a period of one (1) year of a person who:
(a) Violates any provision of KRS Chapter
150;
(b) Violates any department
regulation;
(c) Violates any
federal statute or regulation related to hunting, fishing, or wildlife;
or
(d) Falsifies a falconry permit
application.
(2) A
person whose permit is denied or revoked may request an administrative hearing
pursuant to KRS Chapter 13B.
(3) A
request for a hearing shall be in writing and postmarked or delivered in person
to the department no later than thirty (30) days after notification of the
denial or revocation.
(4) Upon
receipt of the request for a hearing, the department shall proceed according to
the provisions of KRS Chapter 13B.
(5) The hearing officer's recommended order
shall be considered by the commissioner and the commissioner shall issue a
final order pursuant to KRS Chapter 13B.
Section 12. Incorporation by Reference.
(1) The following material is incorporated by
reference:
(a) "Kentucky Falconry Permit
Application", 2018 edition;
(b)
"Raptor Facilities and Equipment Inspection Report", 2013 edition;
(c) "Falconry Take Location Report", 2013
edition;
(d) "Kentucky Nonresident
Raptor Take Form", 2013 edition;
(e) "Kentucky Apprentice Falconer Activity
Report", 2018 edition;
(f)
"Kentucky General Falconer Upgrade Report", 2018 edition;
(g) "Kentucky Passage Tundrius Peregrine
Falcon Falconry Take Opportunity Application", 2019 edition; and
(h) "Kentucky Counties Where Trapping Of
Passage Tundrius Peregrine Falcons Is Prohibited", 2019 edition.
(2) This material may be
inspected, copied, or obtained, subject to applicable copyright law, at the
Department of Fish and Wildlife Resources, #1 Sportsman's Lane, Frankfort,
Kentucky 40601, Monday through Friday, 8 a.m. to 4:30 p.m. Eastern
Time.
STATUTORY AUTHORITY:
KRS
150.025(1),
150.280(1),
50 C.F.R. Parts 13, 17, 21, 22