Current through Register 1531,
September 27, 2024
In accordance with the authority vested in me by the provisions
of M.G.L. c. 131, § 4 and § 5, I hereby establish the following rules and
regulations relating to falcons and other raptors and to falconry.
Definitions: For the purposes of 321 CMR 3.04, the following
words or phrases shall have the following meanings:
* Captive Propagation, Bred in Captivity, or Captive Bred shall
refer to raptors, including eggs, hatched in captivity from parents which mated
or otherwise exchanged gametes in captivity, including fertilization and
parturition resulting from artificial insemination of the raptors and shall
refer to raptors which are imprinted to humans.
* Falconry means the possession, care, and training of certain
species of raptors in accordance with 321 CMR 3.04 for hunting or for the
pursuit of wild game, and includes the live capture of such raptor species from
the wild. Falconry also means the use of authorized raptors for the secondary
purpose of conducting conservation and education programs for the general
public.
* Wild Caught means any bird live captured from the wild at any
stage of its life by any person in accordance with 321 CMR 3.04.
(1) Application Requirement. The Director of
the Division of Fisheries and Wildlife may issue falconry permits for the
capture, acquisition and/or possession of certain hawks and owls for falconry
purposes, raptor propagation, or for salvage and/or rehabilitation purposes.
Utilizing falconry birds for purposes other than falconry and conservation
education programs by falconers is not permissible unless authorized by the
Director. While the primary purpose of falconry permits is to authorize the use
the raptors for hunting or pursuing wild game, falconers of General or Master
status only may also use their birds for the secondary purpose of conducting
conservation and education programs for the general public. Such programs may
include providing information and demonstrations on the biology and ecology of
raptors and other migratory birds. Raptors used in such programs shall at no
time come into physical contact with members of the audience or the general
public. The falconer shall not charge a fee that exceeds the falconer's costs
of administering the program. All applicants must be a resident of the
Commonwealth of Massachusetts. Applications for the appropriate permit shall be
made on a form prepared and furnished by the Division. The expiration date for
each class of permit shall be December 31st of each calendar year. No person
shall engage in falconry without a valid falconry permit and a valid sporting
or hunting license. Permits shall be issued based on the experience of the
applicant under one of five classes. Any permit holder who fails to renew a
permit issued under 321 CMR 3.04 for five consecutive years or more shall be
required to, along with all other requirements stated in 321 CMR 3.04, retake
and pass all exams associated with their previously held, highest level permit.
Falconers moving to Massachusetts from another state who wish to obtain a
Massachusetts falconry permit shall only apply for an equivalent class of
permit as possessed in their former state of residence upon providing proof of
said permit. The applicant shall meet all requirements stated in 321 CMR 3.04
including, but not limited to, taking and passing the Massachusetts falconry
examination(s).
(a) Apprentice Falconer
Permit. Requirements: the minimum age of a licensed falconer in Massachusetts
shall be 15 years of age. Applicants under 18 years of age must have written
approval of a parent or guardian. All applicants for an apprentice falconer
permit must have contact with an experienced falconer (the holder of a General
or Master falconer permit), who will consent in writing to act as a source of
advice and information for the applicant. A sponsor may not have more than
three apprentices at any one time. The Apprentice Falconer permit shall be
granted to the applicant upon fulfillment of the falconry regulations (321 CMR
3.04(2) through (4)) including the successful completion of a falconry
examination. The initial fee shall be $25; the renewal fee shall be $25
annually. No re-examination is required for permit renewal, but annual renewal
shall be contingent upon the submission of an annual activity report which
shall be on a form provided by the Division.
(b) General Falconer Permit. Requirements:
The minimum age of the applicant is 18 years of age. Applicants shall have at
least two years' experience in the practice of falconry at the apprentice level
or its equivalent. Experience shall be defined as the active pursuit of wild
quarry with the applicant's raptor or raptors for at least two seasons. This
experience shall be verified in writing by the applicant's sponsor, or by the
Falconry Examining Panel as defined in 321 CMR 3.04(2)(b), or by both.
Successful completion of an oral-practical and a written examination as
described in 321 CMR 3.04(2) are required for eligibility to obtain the General
Falconer permit. The initial fee for this permit shall be $25; the renewal fee
shall be $25 and shall be contingent on the submission of an annual activity
report on a form provided by the Division.
(c) Master Falconer Permit. Requirements: An
applicant shall have at least five years' experience in the practice of
falconry at the General class level or its equivalent. Successful completion of
an oral practical and a written examination as described in 321 CMR 3.04(2) are
required for eligibility to obtain the Master Falconer permit. The initial fee
for this permit shall be $25; the renewal fee shall be $25 and shall be
contingent on the submission of an annual activity report on a form provided by
the Division.
(d) Raptor
Propagation Permit. Requirements: an applicant must have had at least three
years' experience as a General Falconer in Massachusetts or show documented
evidence of its equivalent in another state with similar falconry regulations,
or applicants shall show experience in husbandry of raptors in connection with
previous research work or under previous Massachusetts possessor's permits
granting the possession of raptors. Proof of qualifications shall be in writing
and shall be substantiated by references from at least two individuals capable
of judging the applicant's qualifications. The initial fee for this permit
shall be $25.00; annual renewal fee shall be $25.00. Renewal is contingent upon
submission of an annual summary report on a form provided by the Division.
Accurate breeding records shall be maintained and reported annually as outlined
by the Director for all raptor breeding research projects or as otherwise
required by the Director of the U.S. Fish and Wildlife Service. Failure to
maintain and submit appropriate records and/or reports as required by the
Director shall be cause for revocation of this permit. Applicants must also
possess a Federal Special Purpose permit.
(e) Raptor Salvage Permit. Requirements: An
applicant must have had at least three years' experience as a General Falconer
in Massachusetts or show documented evidence of its equivalent in another state
with similar falconry regulations; or applicants shall show documented evidence
of proficiency in the rehabilitation of raptors in connection with previous
research work or under previous Massachusetts possessor's permits granting the
possession of raptors. Proof of qualifications shall be in writing and shall be
substantiated by references from at least two individuals capable of judging
the applicant's qualifications. The initial fee for this permit shall be $1.00;
annual renewal fee shall be $1.00. Renewal is contingent upon submission of an
annual summary report on a form provided by the Division describing treatment,
care and disposition of all birds maintained during the calendar year. Failure
to maintain and submit appropriate records and/or reports as required by the
Director shall be cause for revocation of this permit. The sport of falconry
under the Raptor Salvage permit shall be limited to the proper conditioning and
training of rehabilitated raptors prior to their release to the wild, transfer
to a falconry permit, or other use as authorized by the Director. Applicant
must also possess a Federal Salvage permit.
(2) Examination Requirements.
(a) Applicants for a falconry permit, whether
Apprentice Falconer, General Falconer, or Master Falconer must successfully
complete a written examination relating to basic biology, care, and handling of
raptors, literature, laws, regulations or other appropriate subject matter. If
failed, applicants may not retake the examination in less than two months. A
grade of 80% or higher shall constitute successful completion of the
examination.
(b) In addition,
applicants for the General Falconer and Master Falconer permits must
successfully complete an oral-practical falconry examination as established by
the Director. A two or three man Falconry Examining Panel, appointed by the
Director and consisting of one or two Master Falconer permit holders and a
representative of the Division of Fisheries and Wildlife or their respective
alternates, also appointed by the Director, shall conduct the oral examination
covering all aspects of raptor biology, falconry and conservation of raptors,
and shall observe and judge the falconry skills of the applicant in the field.
The Falconry Examining Panel, in conjunction with the Division, shall develop
the standards of field performance required for eligibility for the General and
Master Falconer permits.
(3) Pens and Shelters. The primary
consideration for raptor housing facilities, whether indoor (mews) or outdoors
(weathering areas), is protection from the environment, predators, or undue
disturbance. The applicant shall have the following facilities:
(a) Indoor facilities (mews) shall be large
enough to allow easy access for caring for the raptors housed in the facility.
If more than one raptor is to be kept in the mews, the raptors shall be
tethered or separated by partitions and the area for each bird shall be large
enough to allow the bird to fully extend its wings. There shall be at least one
window, protected on the inside by vertical bars, spaced narrower than the
width of the bird's body, and a secure door that can be easily closed. The
floor of the mews shall permit easy cleaning and shall be well drained.
Adequate perches shall be provided.
(b) Outdoor facilities (weathering areas)
shall be fenced and covered with netting or wire, or roofed to protect the
birds from disturbance and attack by predators except that perches more than
61/2 feet high need not be covered or roofed. The enclosed area shall be large
enough to insure the birds cannot strike the fence when flying from the perch.
Protection from excessive sun, wind, and inclement weather shall be provided
for each bird. Adequate perches shall be provided.
(c) Significant changes of existing
facilities must be reported to the Director as completed. Minimum facilities
under the Raptor Propagation and/or Salvage permits shall be as established by
the Director after due consideration of the individual breeding and/or
rehabilitation program to be conducted by the applicant.
(4) Inspection. A designated agent of the
Division of Law Enforcement shall make a visual inspection of the applicant's
facilities and equipment before approval of a permit application may be
granted. Subsequent inspections may be made at reasonable hours of the day by a
designated agent of the Division of Law Enforcement as deemed necessary.
Inspection of facilities shall be required upon application for a Raptor
Propagation and/or Salvage permit even though the applicant's facilities were
inspected under Falconry permit application to ensure adequate facilities for
breeding and/or salvage purposes.
(5) Capture Limitations. Raptors may be
captured by:
(a) Licensed falconers during the
period August 21st through January 11th, by use of traps, bird nets, do ghazza
nets, verbail traps, bow nets or snares which are humane in their operation and
use. The falconer's name shall be clearly marked on all capture devices. The
use of steel jawed traps, gins, pole traps or jump traps shall be illegal. Only
raptors in juvenile plumage or less than a year of age may be removed from the
wild, with the exception of American kestrels and great horned owls.
(b) Nestling birds may be taken during the
last full week of March and from May 10th through June 14th, and from July 1st
through July 14th and is restricted to permittees other than apprentices. No
more than one nestling may be taken from a nest, and the nest must contain two
or more birds. The taking of nestlings is prohibited to apprentice falconers.
No more than one nestling may be taken a year. The permittee shall notify the
Director of the Division of Fisheries and Wildlife and the Division of Law
Enforcement at least 24 hours prior to the taking to provide the opportunity
for accompaniment by a designated agent of the Office of Law Enforcement or the
Division of Fisheries and Wildlife during the taking.
(c) The Director may close any area of the
state to the taking of raptors. Upon acquisition of a raptor from any source, a
falconer shall notify the Division within 5 days of such acquisition.
(d) Escaped hawks, formerly legally retained
and wearing falconry equipment, may be retaken by trapping or any other legal
means at any time by the licensed falconer who last possessed the escaped
bird.
(e) The taking of eggs is
prohibited.
(6) Species
and Possession Limits.
(a) The holder of an
Apprentice Falconer permit shall be limited to one American kestrel or red
tailed hawk which must be taken from the wild.
1. General Falconer permittees may not
possess more than three raptors.
2.
Master Falconer permittees may not possess more than five raptors.
(b) General and Master Falconer
permit holders shall not take, transport or possess any golden eagle, bald
eagle, osprey, northern harrier, or any species or subspecies listed pursuant
to either the Massachusetts Endangered Species Act ("MESA") or Federal
Endangered Species Act ("ESA") unless such activities are authorized by and
conducted in accordance with a permit issued pursuant to MESA and ESA
respectively. Gyrfalcon may not be taken from the wild in Massachusetts, but
may be possessed so long as they come from a captive source or lawfully taken
in another state.
(c) Holders of
the Raptor Salvage permit may take, transport or possess all native and/or
exotic raptors except that those species or subspecies listed by the U.S.
Department of the Interior or the Director as threatened or endangered must be
reported to the Division within 36 hours of acquisition. Disposition of the
threatened or endangered species will be determined by the Director. Possession
limits under this permit shall not exceed the capacity of the facilities as
established by the Director for the permittee's individual rehabilitation
program. For the purpose of 321 CMR 3.04(6) (c), the verb "to take" refers only
to the taking of sick, injured, or dead raptors.
(d) Holders of the Raptor Propagation permit
may take, transport, propagate and possess all native and/or exotic raptors
except those species or subspecies judged threatened or endangered and in need
of total protection by the U.S. Department of the Interior or the Director,
except where permission to possess and maintain said species is specifically
authorized in writing by the Department of the Interior or the Division. The
possession limit under this permit shall not exceed the capacity of the
facilities as established by the Director for the permittee's individual
breeding and rehabilitation program.
(e) An Apprentice, General, Master, or Raptor
Propagator permittee may not trap more than one raptor in any one year under
321 CMR 3.04(5)(a) and a General, Master, or Raptor Propagator permittee may
not take more than one nestling per permit in any one year under 321 CMR
3.04(5) (b). The only exception to the above is when the Director determines
that a raptor, other than a rare, threatened or endangered species, is causing
damage to domestic or wild animals. All raptors except threatened or endangered
species, taken under depredation or special use permits, may be used for
falconry by General or Master Falconers; however, the possession limits for
each permit class shall apply to all raptors regardless of species or
source.
(7) Equipment.
The following items shall be in the possession of the applicant before he can
obtain a permit.
(a) Jesses - at least one
pair of Alymeri jesses or similar type, constructed of pliable, high quality
leather, or suitable synthetic materials to be used when any raptor is flown
free (traditional one piece jesses may be used on raptors when not to be
flown).
(b) Leashes and swivels -
at least one flexible, weather resistant leash and one strong swivel of
acceptable falconry design.
(c)
Bath container - at least one suitable container, two to six inches deep and
wider than the length of the raptor, for drinking and bathing for each
raptor.
(d) Outdoor perch - at
least one weather area perch of an acceptable design shall be provided for each
raptor.
(e) Indoor perch - at least
one mews perch of an acceptable design shall be provided for each
raptor.
(f) Weighing device - a
reliable scale or balance suitable for weighing the raptor held and graduated
to increments of not more than 1/2 ounce (15 grams) shall be
provided.
(g) Leather gloves and
bells - at least one suitable leather glove and bells shall be
provided.
(h) Name tags for use
when the bird is flown.
(i)
Optional equipment includes a lure and a hood. In addition, the applicant shall
show evidence of a reliable food source for his raptors.
(8) Lost Raptors. Any person possessing a
raptor license who loses his raptor through death, escape, destruction or
otherwise, shall immediately notify the Division in writing.
(9) Transportation.
(a) Raptors brought into Massachusetts may be
imported only under the authority of a written permit from the Director to a
licensed falconer. Importation permits will not be issued for the possession of
species that are specifically prohibited by 321 CMR 3.04 and the Federal
Migratory Bird Treaty Act at 16 USCA Ch. 7. Nonresidents may bring their
raptors into Massachusetts, provided they have a valid permit or other adequate
proof that such raptors are legally in their possession.
(b) No person, except non-residents
possessing a current, valid falconry permit of General or Master level from the
state in which they reside who also possess a non-resident Massachusetts
hunting license, shall be permitted by the Director to take one raptor from the
Commonwealth of Massachusetts in accordance with 321 CMR 3.04(5)(a) and (6)(b).
A falconer transporting birds from this state temporarily shall have on his
person his Massachusetts falconry permit which covers the bird when he returns
the bird to this state.
(c) A
raptor may be transported or held in temporary facilities which shall be
provided with an adequate perch and protected from extreme temperatures and
excessive disturbance. Another person may care for the birds of a permittee if
written authorization from the permittee accompanies the birds when they are
transferred: provided, that if the period of care will exceed 30 days, the
Division shall be informed in writing by the permittee of this action within
three days of the transfer and informed where the birds are being held, the
reason for the transfer, who is caring for them and approximately how many days
they will be in the care of the second person.
(10) Hunting Limitations. A falconer must
purchase a hunting or sporting license. Migratory waterfowl stamps are required
when hunting waterfowl with a raptor. Falconers shall abide by the state and
Federal fish and game laws and all seasons, bag limits, hunting hours and other
regulations of the Division and the Federal government when pursuing game using
a trained raptor, with the exception that pheasant, bobwhite quail, ruffed
grouse, cottontail rabbit, snowshoe hare, and gray squirrel may be taken
through March 15th. Unprotected birds and mammals may be taken by falconry
except in areas closed for the taking of such animals. Falconers shall not
practice falconry on private property which is posted so as to prohibit hunting
or trespass.
(11) Revocation of
Permit. The Director is authorized to revoke a falconer's permit if the
permittee:
(a) does not provide proper care of
his raptors,
(b) allows the raptors
to become a public nuisance,
(c)
violates established state and Federal laws or regulations while acquiring or
hunting his raptors, or,
(d) does
not comply with the terms of his permit.
Confiscated raptors will be released to the wild, transferred
to another permittee, or used in a manner authorized by the Director.
(12) Federal Falconry
Regulations. The holder of a Massachusetts falconry permit or Propagation or
Salvage permit shall abide by all existing Federal falconry
regulations.
(13) Annual Activity
Report. By January 31 of each year, a permittee shall submit a falconry report
to the authority which issued the permit. A report shall contain the following:
(a) A list of all the raptors in his
possession on December 31st of the year in which the report is filed, by
species, marker number, sex (if known), age (if known), and date and where or
from whom acquired or given to, whether escaped, or released, and when the
event occurred.
(b) A list of all
raptors possessed or acquired since the previous annual report, but no longer
possessed, by species, marker number, sex (if known), age (if known), date and
where or from whom acquired or given to, whether escaped, died, or released,
and when the event occurred.
(c)
Activity reports relative to the sale or disposition captive bred raptors, as
defined in 321 CMR 3.04(17)(a), shall be as provided in 321 CMR
3.04(17)(i).
(14)
Marking.
(a) An inventory and description of
all raptors held within the Commonwealth, except those held for scientific or
zoological purposes, shall be made and reported to the Division of Fisheries
and Wildlife within 90 days of the date when the Commonwealth is listed as
meeting the Federal falconry standards. This inventory applies to all raptors
whether or not the owner intends to submit an application for a falconry
permit.
(b) All captive raptors,
regardless of origin or species, shall be identified by a numbered, non
reusable marking device approved or supplied by the U.S. Fish and Wildlife
Service. A person acquiring an unmarked raptor shall obtain a marker from the
Division and shall immediately attach it to the raptor, provided that, in the
case of an Apprentice falconer, markers shall be obtained by and attached to
the raptor by the Apprentice's sponsor. The sponsor shall assume full
responsibility for the marking of his or her's Apprentice's raptors. All
alterations, counterfeiting or defacing of a marker is prohibited except that
permittees or sponsors may remove the rear tab (if any) on markers and may
smooth any imperfect surface provided the integrity of the marker numbering is
not affected thereby.
(15) Grandfather Clauses.
(a) A person who possesses a lawfully
acquired raptor before the enactment of 321 CMR 3.04 and who fails to meet the
permit requirements shall be allowed to retain the raptors. All such birds
shall be identified with markers supplied by the Division and cannot be
replaced if death, loss, release, or escape occurs.
(b) A person who possesses raptors before the
enactment of 321 CMR 3.04, in excess of the number allowed under his class
permit, shall be allowed to retain the extra raptors. All such birds shall be
identified with markers supplied by the Division and no replacement can occur,
nor may an additional raptor be obtained until the number in possession is at
least one less than the total number authorized by the class of permit held by
the permittee.
(c) A person holding
an Apprentice or Master Falconry permit before December 31, 1975 shall be
classified in the same category. A person holding a temporary falconry permit
shall be classified as a General falconer with years of experience equivalent
to the time he held the temporary permit and a possessor's permit which
specified raptors. Temporary permit holders with seven years of experience
before December 31, 1975 will be classified as Master falconers upon completion
of the oral-practical and written examinations specified in the falconry
regulations promulgated May 31, 1974.
(16) Other Restrictions.
(a) A falconry permit holder shall obtain
written authorization from the Division before any species not indigenous to
this state is intentionally released to the wild, at which time the marker from
the released bird shall be removed and surrendered to the Division. A standard
Federal band shall be attached to such birds by the Division or by a Service
authorized Federal bird bander whenever possible.
(b) Feathers that are molted or those
feathers from birds held in captivity that die may be retained and exchanged by
permittees only for imping purposes.
(c) A permittee may trade or transfer a
raptor to another permittee if the transaction occurs entirely within the state
and no money or other consideration is involved. A permittee may trade or
transfer a raptor to another permittee in an interstate transaction if the
prior written approval of the Director is obtained and no money or other
consideration is involved in the transaction. Transactions involving money or
other considerations shall be conducted in accordance with 321 CMR
3.04(17).
(d) Unless otherwise
prohibited by the foregoing provisions of 321 CMR 3.04 or unless prohibited by
provisions of the Code of Federal Regulations (50 CFR 13, 17, 21) , persons
holding a current Raptor Propagation permit may sell, exchange, barter, or
offer for sale, exchange, or barter, or may purchase all native or exotic
captive-bred raptors in accordance with the provisions of 321 CMR 3.04(17)
below.
(e) In accordance with the
provisions of M.G.L. c. 131, § 57, nothing in 321 CMR 3.04 shall be construed
to prohibit on Sunday the training of raptors on protected birds nor the
exercising of such raptors as regulated by the director.
(f) The director may authorize a permittee to
exceed the taking limitation in 321 CMR 3.04(6)(e) for raptor propagation
purposes provided the permittee holds both a Federal special purpose permit (50
CFR 21.27) and a Massachusetts special purpose permit (M.G.L. c. 131, § 4(2))
authorizing the taking of additional birds.
(g) Nothing in 321 CMR 3.04 shall be
construed to prohibit the conduct of a field trial with such raptors; provided,
however, that a permit to do so is first obtained from the director. Such field
trials shall be conducted in accordance with such rules as the director may
prescribe. The director is hereby authorized to establish such rules.
1. Upon application to the director by an
incorporated or unincorporated organization having membership consisting of at
least ten citizens who have been residents of the Commonwealth for at least six
months immediately prior to making application, and upon payment of a fee of
$25 by the applicant, the director may issue a license to such club or
organization to hold a field trial under the rules and regulations of the
Division of Fisheries and Wildlife for the sport of falconry at the time and
place stated in the license. The license shall authorize members of the
licensee to take by means of falconry such legal game as provided by 321 CMR
3.04(10). The license shall be valid only during daylight hours and the written
consent of the owner of, or the person having legal control of, the land on
which such field trial is held shall first be obtained. Out-of-state persons
participating in any such field trial pursuant to the provisions of 321 CMR
3.04(16)(g)1. shall not be required to secure hunting or sporting licenses
provided they hold a valid hunting license from their state of
origin.
2.321 CMR 3.04 shall become
effective January 1, 1979 and shall remain in effect until amended or
revoked.
(17)
Sale, Exchange, and Barter of Captive-bred Raptors.
(a) A person holding a current General or
Master Falconry Permit or Raptor Propagation permit may transfer, purchase,
sell, barter, or exchange for a consideration any lawfully possessed raptor
which is bred in captivity, subject to the following additional
conditions:
(b) The person who
receives any raptor by transfer, purchase, sale, barter, or exchange must be
authorized to possess it under the a forestated provisions of 321 CMR 3.04 and
under any other applicable provisions of M.G.L. c. 131, or, if domiciled or
resident in a foreign country and the raptor is to be transferred thereto, must
be authorized to receive it by the appropriate wildlife management authority of
his or her country of domicile or residence after the competent wildlife
management authority of that country has certified in writing that the
recipient is an experienced falconer or raptor propagator who is required by
the laws of that country to maintain any raptors in his or her possession under
conditions that are comparable to the conditions under which a permittee must
maintain raptors pursuant to provisions of 321 CMR 3.04.
(c) The permittee who transfers, purchases,
sells, barters, or exchanges any raptor must have acquired the raptor from a
person authorized to possess and sell, exchange, or barter it, and, if acquired
from a person in the United States, such person must additionally be authorized
to possess and sell, exchange, or barter it pursuant to provisions of 321 CMR
3.04 and to any other relevant provisions of M.G.L. c. 131 and to provisions of
the Code of Federal Regulations (50 CFR 13, 17, and 21) .
(d) In addition to a current Raptor
Propagation permit, a permittee who transfers, purchases, sells, barters, or
exchanges any raptor, except as provided in 321 CMR 3.04(16)(c), must
additionally hold a current Class 4 propagator's license as provided by M.G.L.
c. 131, § 23.
(e) No raptor may be
traded, transferred, purchased, sold, exchanged, or bartered until such raptor
is two weeks of age or older and only after such raptor is banded with a
nonreuseable marker provided or authorized by the U.S. Fish and Wildlife
Service, unless the raptor is traded, transferred, sold, exchanged, or bartered
to a State or Federal wildlife management agency for conservation purposes.
Markers shall be of the type and design stipulated by the U.S. Fish and
Wildlife Service as appropriate for the species and origin of raptor being so
marked. When a raptor is marked with more than one marker, all but one marker
shall be removed before the raptor attains five weeks of age and the marker(s)
so removed shall be returned to the U.S. Fish and Wildlife Service. Marking of
captive bred-raptors shall be reported to the U.S. Fish and Wildlife Service
within five days of the marking, and the report thereof shall contain such
information as may be required by the Director of the U.S. Fish and Wildlife
Service.
(f) Permittees may
transfer, purchase, sell, barter, or exchange for a consideration the semen of
captive bred raptors when in compliance with other provisions of 321 CMR
3.04(17) and of 321 CMR 3.04 generally.
(g) Permittees shall not transfer, purchase,
sell, barter, or exchange any raptor eggs, any raptor semen collected from the
wild, or any raptors hatched from eggs taken from the wild, or any raptors
captured from the wild.
(h)
Permittees shall maintain complete and accurate records of all transactions
conducted under 321 CMR 3.04(17), including the name, address, and permit
number of the purchaser, barterer, or transferee; the day, month, and year of
the transaction or disposition; the sale price or other consideration involved
in the transaction or disposition; the species, sex, age, origin, and pedigree
(lineage) of the raptor or raptors involved; the quantity and origin of raptor
semen involved; the marker number or numbers of the raptor or raptors involved;
and any other information which may be required of a Raptor Propagation
permittee under provisions of 50 CFR 21.30. Records shall be kept on U.S. Fish
and Wildlife Service breeding record forms or on such other forms as shall be
approved by the director.
(i)
Permittees shall adhere to and abide by the species and possession limits
established by 321 CMR 3.04(6), unless otherwise authorized pursuant to 321 CMR
3.04(16) (e).
Regulatory Authority: M.G.L. c. 131, §§ 4, 5, and 75A.
Last Revised:
7-20-2012