Minnesota Administrative Rules
Agency 158 - Natural Resources Department
Chapter 6238 - FALCONRY
Part 6238.1350 - PERMIT CLASSES; REQUIREMENTS
Universal Citation: MN Rules 6238.1350
Current through Register Vol. 49, No. 13, September 23, 2024
Specifications for permit classes are contained in items A to F. Permittees under all permit classes are only allowed to take or possess raptors defined under part 6238.1200, subpart 16, unless further restricted in this part and in federal regulations.
A. A junior apprentice falconry permittee:
(1) must be at least 12 years old and less
than 16 years old;
(2) must have a
parent or legal guardian sign the application. The parent or guardian must
agree to take legal responsibility for the activities of the
permittee;
(3) must have a sponsor
who is the holder of a valid master falconry permit or who is the holder of a
valid general falconry permit and has two seasons of experience or 24 total
months of experience with the sponsor's own raptors at the general level. A
sponsor must not have more than three apprentices at any one time. A permittee
must notify the commissioner within ten days if there is a change in
sponsorship;
(4) must not possess
more than one raptor and must not obtain more than two wild raptors for
replacement during any season;
(5)
must house the raptor at the legal residence of an adult, preferably a parent
or legal guardian, who is in possession of a valid falconry permit or at the
permitted location of the adult's raptors. If the adult falconry permittee is
an apprentice, only one raptor is allowed under either the junior apprentice
falconry permit or the adult's permit unless the raptor is housed with the
sponsor;
(6) may take and possess
only red-tailed hawk (Buteo jamaicensis); and
(7) must not possess an imprinted raptor or a
raptor that was taken from the wild as a nestling.
B. An apprentice falconry permittee:
(1) must be at least 16 years old;
(2) must have a parent or legal guardian sign
the application if the permittee is under 18 years old, in which case the
parent or guardian must agree to take legal responsibility for the activities
of the permittee;
(3) must have a
sponsor, regardless of the age of the permittee. A permittee must notify the
commissioner within ten days if there is a change in sponsorship. A sponsor
must be the holder of a valid master falconry permit or the holder of a valid
general falconry permit who has two seasons of experience or 24 total months of
experience with the sponsor's own raptors at the general level. A sponsor may
have no more than three apprentices at any one time. All new residents of the
United States age 16 or older must be initially permitted at the apprentice
level. After a minimum of four months of practicing falconry with their own
raptors, new residents of the United States with falconry records from their
country of origin and their sponsor's approval may apply for a general or
master falconry permit;
(4) must
not possess more than one raptor and must not obtain more than two wild raptors
for replacement during any season;
(5) may take and possess only passage
red-tailed hawk (Buteo jamaicensis), except that, with
approval from the permittee's sponsor, an apprentice permittee with a minimum
of two seasons of experience may take and possess any raptor allowed for an
apprentice class falconer under federal regulations and under part 6238.1200,
subpart 16; and
(6) must not
possess an imprinted raptor or a raptor that was taken from the wild as a
nestling.
C. A general falconry permittee:
(1) must be at least 18
years old;
(2) must submit
documentation from the permittee's junior apprentice or apprentice sponsor
stating that the permittee has practiced falconry under the sponsor's
supervision as a junior apprentice or apprentice falconer for at least two
seasons of experience with the permittee's own raptors and the permittee's
training included capturing, maintaining, training, flying, hunting, and
releasing raptors;
(3) must not
possess more than two raptors and must not obtain more than two wild raptors
for replacement during any season;
(4) may take and possess any raptor, except
the permittee must not possess, take, or transport a bald eagle, white-tailed
eagle (Haliaeetus albicilla), Steller's sea-eagle
(Haliaeetus pelagicus), or golden eagle (Aquila
chrysaetos) or any species listed as threatened or endangered under
state or federal regulations; and
(5) may possess captive-bred raptors and
hybrids.
D. A master falconry permittee:
(1) must have at least
five seasons of experience with the permittee's own raptors as a general
falconer;
(2) must not possess more
than five raptors except as authorized under an abatement permit under part
6238.1250, subpart 6;
(3) must not
possess more than three wild raptors at any time;
(4) must not obtain more than two wild
raptors during any season;
(5) must
not take any species listed as endangered in state or federal regulations, but
may transport or possess endangered species according to applicable
rules;
(6) must not take,
transport, or possess a golden eagle, white-tailed eagle, or Steller's
sea-eagle for falconry purposes, unless authorized in writing according to
appropriate federal regulations and approved by the commissioner; and
(7) must not take in any 12-month period, as
a part of the three wild raptor limitation, more than one raptor listed as
threatened in state or federal regulations, and then only according to
applicable state and federal regulations.
E. A propagation permittee:
(1) must meet the minimum qualifications
under part 6238.1300, subpart 2, and must comply with all applicable provisions
in this chapter and associated federal regulations;
(2) must not possess more than six raptors
under the propagation permit as a standard propagator unless:
(a) the propagation is conducted for a
specialized purpose such as education, business, reintroduction, research,
abatement, or another similar activity authorized by the commissioner;
and
(b) the propagator has
submitted a proposal or business plan that outlines the number and type of
raptors to be propagated, facility schematics, number of assistants that are
necessary to care for the raptors, documentation necessary to determine
compliance with state law pertaining to the operation of large animal
facilities, and other information the commissioner deems necessary for public
health and safety and for the welfare of the raptors;
(3) must transfer propagated young to another
permit type or permittee within one year of hatch unless the propagated young
will be included under the six raptor limit for standard propagators or
included under the limit specified in the permit of a specialized propagation
program issued under subitem (2), units (a) and (b). If the propagated raptors
are to be released to the wild, the propagator must comply with part 6238.1500
and federal regulations;
(4) must
have adequate raptor propagation facilities maintained according to federal
regulations for the number and species of raptors to be held under the
permit;
(5) must not take more than
two passage raptors from the wild per year under the permit, which also counts
against the take limit under a general or a master falconry permit held by the
propagation permittee;
(6) must not
possess more than six wild raptors total, including the number of wild raptors
possessed under a general or master falconry permit held by the propagation
permittee; and
(7) must submit a
completed propagation form provided by the commissioner by January 31 of each
year for January 1 through December 31 of the preceding year.
F. An abatement permittee:
(1) must meet the minimum qualifications
under part 6238.1300, subpart 4, and must comply with all applicable provisions
in this chapter, associated federal regulations under Code of Federal
Regulations, title 50, section 21.29, and federal abatement regulations and
requirements;
(2) may have
subpermittees under the permittee's abatement permit. A subpermittee must be a
Minnesota falconer with a valid general or master falconry permit;
(3) is responsible for the conduct of
subpermittees on the permit while the subpermittees conduct abatement
activities;
(4) must not use wild
raptors in abatement activities;
(5) must not use golden eagles in abatement
activities;
(6) must carry a copy
of the abatement permit while conducting abatement activities. A subpermittee
must carry a copy of the abatement permit that the subpermittee is working
under while conducting abatement activities;
(7) may possess additional propagated raptors
under a falconry permit for abatement use, provided the permittee submits a
proposal or business plan that outlines the number and type of raptors,
facility schematics, number of assistants that are necessary to care for the
raptors, documentation necessary to determine compliance with state law
pertaining to the operation of large animal facilities, and other information
the commissioner deems necessary for public health and safety and for the
welfare of the raptors; and
(8)
must submit a completed abatement form provided by the commissioner by January
31 of each year for January 1 to December 31 of the preceding year.
Statutory Authority: MS s 97A.401; 97A.418; 97B.105
Disclaimer: These regulations may not be the most recent version. Minnesota may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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