Current through Register Vol. 6, March 22, 2024
(1) A permittee may
not intentionally capture a raptor species that their classification as a
falconer does not allow them to possess. If a permittee captures such a bird,
it must be released immediately.
(2) A resident falconer may take no more than
two raptors from the wild each calendar year to use in falconry. Nonresident
falconers must possess a valid state permit for take of raptors from the wild.
(a) Take of peregrine falcons from the wild
is limited to time periods specified by annual rules. Take is limited to
permittees who have received a peregrine take permit from the department and
the conditions associated with that permit.
(b) Transfer of a bird taken from the wild to
another permittee in the same calendar year of capture will count as one of the
raptors allowed to be taken from the wild that year for the permittee who
captured the bird. It will not count as a capture by the recipient, though it
will always be considered a wild bird.
(c) A general or master falconer may remove
nestlings from a nest or aerie.
(d)
Raptors may not be taken at any time or in any manner that violates any law of
the state, tribe, or agency on whose land a permittee is trapping.
(e) A raptor taken from the wild must be
reported by submitting a paper form 3-186A to the department or by submitting
the information electronically as authorized by the department. Reporting must
be done at the first opportunity to do so, but no later than ten days after the
capture of the bird.
(f) If a
permittee who intends to possess a bird is present at the capture site, he or
she is considered the person who removes the bird from the wild and is
responsible for filing a 3-186A form or by submitting the information
electronically as authorized by the department reporting take of the bird from
the wild even if another person captures the bird for the permittee.
(g) If a permittee is not at the immediate
location where the bird is taken from the wild, the person who removes the bird
from the wild must be a general or master falconer, and must report take of the
bird. If that person then transfers the bird to the permittee, both must file
3-186A forms or submit the information electronically as authorized by the
department reporting the transaction at the first opportunity to do so, but no
later than ten days after the transfer. The bird will count as one of the two
raptors the person who took it from the wild is allowed to capture in any year.
The bird will not count as a bird the permittee took from the wild. The person
who takes the bird from the wild must report the take even if he or she
promptly transfers the bird to the permittee.
(h) If a permittee has a long-term or
permanent physical impairment that prevents the permittee from attending the
capture of a species for falconry, a general or master falconer may capture a
bird for the permittee. The permittee is then responsible for filing a 3-186A
form or by submitting the information electronically as authorized by the
department reporting the take of the bird from the wild and the bird will count
against the take of wild raptors that the permittee is allowed in any
year.
(3) Other
restrictions on taking raptors from the wild for falconry:
(a) A general or master falconer may take
raptors less than one year of age from the wild. However, an American kestrel
or great horned owl of any age may be taken from the wild.
(b) A master falconer authorized to possess
golden eagles for use in falconry, may capture an immature or subadult golden
eagle in a livestock or wildlife depredation area during the time the
depredation area is in effect and only in compliance with regulations contained
in 50 C.F.R.
21.29 (e)(3)(iii).
(c) Recapture of a lost falconry bird can be
done at anytime. Recapture of a wild bird is not considered to be taking a bird
from the wild.
(d) Recapture of a
raptor wearing falconry equipment or a captive-bred bird may be done at any
time even if possession of that species is not allowed. The recaptured bird
will not count against possession limit or the take from the wild limit.
Recapture of the bird must be reported to the department no more than five
working days after the recapture. The bird must be returned to the person who
lost it, if that person may legally possess it. Disposition of a bird whose
legal possession cannot be determined will be at the discretion of the
department.
(e) A bird banded with
a Federal Bird Banding Laboratory aluminum band may be taken from the wild
except a banded peregrine falcon.
(f) At least one young must be left in the
nest or aerie when taking a nestling.
(g) An apprentice falconer may not take a
nestling from the wild.
(h) A
general or master falconer with a valid federal endangered species permit and
an endangered species permit from the department may take no more than one bird
of a threatened species from the wild each year if the regulations in 50
C.F.R.21.17 allow it.
(4) If a raptor is injured due to falconer
trapping efforts, there are two options for dealing with the injured bird:
(a) The bird may be reported as take by
submitting a paper form 3-186A to the department or by submitting the
information electronically as authorized by the department at the first
opportunity to do so, but no more than ten days after capture of the bird. The
bird must be treated by a veterinarian or a permitted wildlife rehabilitator
and the bird will count against the permittee's possession limit.
(b) The bird may be given directly to a
veterinarian, a permitted wildlife rehabilitator, or an appropriate wildlife
agency employee. It will not count against the permittee's allowed take or the
number of raptors possessed.
(5) If a permittee acquires a raptor;
transfers, rebands, or microchips a raptor; if a raptor is stolen; if a raptor
is lost to the wild and not recovered within 30 days; or if a bird for falconry
dies, the permittee must report the change within ten days by submitting a
paper form 3-186A to the department or by submitting the information
electronically as authorized by the department.
(6) If a raptor is stolen, the theft must be
reported to the department and to the fish and wildlife service regional law
enforcement within ten days of the theft of the bird.
(7) A raptor of any age may be acquired
directly from a rehabilitator at the discretion of the rehabilitator. A bird
acquired from a rehabilitator:
(a) Must be
reported within ten days of the transaction by submitting a paper form 3-186A
to the department or by submitting the information electronically as authorized
by the department; and
(b) Will
count as one of the raptors the permittee is allowed to take from the wild that
calendar year.
87-1-201,
87-5-204, MCA; IMP,
87-5-204,
87-5-206,
87-5-208,
MCA;