Current through Register Vol. 35, No. 18, September 24, 2024
The director of the department may develop a policy to permit
raptor take.
A. A raptor may be taken
by a resident falconer who holds a valid falconer permit.
(1) The holder of a valid falconer permit,
may, at any time of the year, recapture by means of traps or nets any escaped
raptor that was legally possessed.
(2) The holder of a New Mexico general or
master falconer permit may, take an eyass or passage raptor as permitted
herein.
(3) Any raptor taken shall
be reported to the department within 10 days. The notification shall be filed
through the USFWS 3186-A electronic reporting system unless otherwise required
or approved by the department.
(4)
No falconer shall possess a species raptor not authorized by his or her
permit
(5) No falconer shall exceed
the number of raptors authorized by his or her permit..
B. Withholding of raptor-taking permits: The
taking of any species whose wild populations in New Mexico that are
significantly or adversely affected by such take may be withheld through the
director's raptor take policy.
C.
Raptor-taking seasons:
(1) Eyasses may be
taken from April 1 through January 15 of the subsequent year, and only by
holders of general or master falconer permits. No more than two eyasses may be
taken by a permittee during the raptor-taking season.
(2) Passage raptors may be taken from April 1
through January 15 of the subsequent year.
D. Age restrictions of raptors to be taken:
(1) No raptor older than one year of age may
be taken other than the American kestrel (Falco sparverius) or the great horned
owl (Bubo virginianus).
(2) A
holder of a general or master falconer permit may acquire a raptor older than
one year of age if it was taken from the wild for the purpose of controlling
depredation or for its rehabilitation and if the permittee may legally possess
it.
E. Limits on taking
of raptors:
(1) A falconer may take no more
than two raptors from the wild during any calendar year.
(2) A general or master falconer may take one
raptor of a federally-listed threatened species of raptor during any calendar
year, if he or she has an endangered species permit issued by the
USFWS.
F. Valid area:
Raptors shall be taken only in areas specified by the department in the
director's raptor take policy.
G.
Eligibility for and species authorized for nonresident raptor-taking permits;
reports:
(1) A raptor-taking permit may be
issued only to a person who holds a valid falconer permit from a state that
allows a nonresident take of raptors.
(2) Nonresidents may take only those species
as defined in the director's raptor take policy and each raptor take permit
shall be issued only for those species authorized for resident falconers of
equivalent class.
(3) A raptor
taken by a nonresident must be reported on the USFWS 3186-A electronic
reporting system within 10 days of capture.
H. Means of taking: Raptors shall not be
taken with steel-jawed traps, chains, jump traps, or pole traps, but may be
taken as authorized by the director.
