Current through Register Vol. 35, No. 6, March 26, 2024
A.
Inspection of facilities. An inspection is required for all new applicants and
at the time of renewal if the permitted falconer is an apprentice falconer, or
if the facilities have been moved. If a department officer or a master falconer
representing the department has inspected the applicant's falconry facilities
and equipment and found that they meet or exceed the standards below, the
inspecting department officer or master falconer must submit a signed
certification of the facility, the equipment and the inspection to the Santa Fe
office of the department before the permit is issued or renewed.
B. Indoor facilities must be large enough to
allow easy access for care of raptors. Each raptor must have an area large
enough to allow it to fly if it is untethered or if tethered, to fully extend
its wings or bate (attempt to fly while tethered) without damaging its feathers
or contacting other raptors.
(1) If more than
one raptor is to be kept in a single facility, the raptors must be separated by
partitions or tethered, or raptors may be housed untethered together if they
are compatible with each other.
(2)
If raptors housed in this indoor facility are not tethered, all walls that are
not solid must be protected on the inside. Suitable materials may include
vertical bars spaced narrower than the width of the body of the smallest raptor
to be housed in the enclosure. However, heavy-duty netting or other such
materials may be used to cover the walls or roof of the enclosure.
(3) Each raptor must have a pan of clean
water available unless weather conditions, perch type, or some other factor
makes access to water unsafe for the raptor. There shall be at least one window
for sunlight, and must provide a healthy environment for raptors inside, and a
secure door that can be easily closed. The floor shall permit easy cleaning and
shall be well drained. Acceptable indoor facilities include shelf perch
enclosures where raptors are tethered side by side.
(4) Other innovative housing systems are
acceptable if they provide the enclosed raptors with protection and maintain
healthy feathers. Falconry raptors may be kept inside a residence, raptors must
be tethered and each raptor must have a suitable perch. The residence windows
or other openings do not need to be modified.
C. Outdoor facilities: If the applicant also
provides outdoor facilities, they shall meet the following standards:
(1) An outdoor facility must be totally
enclosed, and may be made of heavy gauge wire, heavy-duty plastic mesh, slats,
pipe, wood, or other suitable material.
(2) The facility must be covered and have at
least a covered perch to protect a raptor held in it from predators and
weather. The facility must be large enough to insure that the raptors cannot
strike the enclosure when flying from the perch.
(3) New types of housing facilities or
husbandry practices may be used if they satisfy the requirements
above.
D. Equipment: The
following items shall be in the applicant's possession before issuance of a
falconer permit.
(1) Jesses. At least one
pair of Aylmeri or Aylmeri type jesses, constructed of pliable, high-quality
leather or suitable synthetic material, for use when the raptor is flown
free.
(2) Leash and swivel. At
least one flexible, weather-resistant leash and one strong swivel of acceptable
falconry design.
(3) Bath. At least
one water container, two to six inches deep, and wider than the length of the
raptor, for each raptor.
(4)
Outdoor perch. At least one weathering area perch for each raptor, of
acceptable design for the species of raptor.
(5) Weighing device. A reliable scale or
balance suitable for weighing the species of raptor(s).
(6) Feathers: A permittee may retain molted
feathers and feathers from raptors that die in captivity but may use them only
for imping, or may donate feathers, except golden eagles feathers, to any
person or institution with a valid permit to have them.
E. Facilities for temporary holding or
transportation of raptors: Any temporary facility for transporting or holding a
raptor shall have an appropriate perch and be protected from extreme
temperatures and excessive disturbance. No raptor shall be held in such a
temporary facility for more than 120 days unless authorized by the department
for extenuating circumstances.
F.
Bands and transmitters:
(1) Species requiring
a band: A nonreusable numbered band must be attached to every wild goshawk,
gyrfalcon (Falco rusticolus), Harris's hawk , and peregrine falcon (Falco
peregrinus) held for falconry. Bands for additional species may be required by
the department.
(2) It shall be
illegal to alter, counterfeit or deface a band. However, a falconer permittee
may remove the rear tab from the nonreusable bands and may smooth any imperfect
surface, if doing so does not affect the integrity of the band or its
number.
(3) Return of band: The
permittee shall remove and return the band to the department from any raptor
that dies or is released with the exception of released captive bred
raptors.
(4) Transmitters: When
flown for falconry, a hybrid raptor must have two attached radio transmitters
that will allow the permittee to locate it in the event of loss or failure of a
single transmitter.
G.
Maintenance; revocation and renewal of permits:
(1) Facilities and equipment: Each falconer
permittee must, maintain his or her falconry facilities and equipment at or
above the standards met to qualify for the permit. An officer of the department
may inspect the falconer's facilities and equipment at any reasonable hour only
in the presence of the falconer permittee; except under exigent
circumstances.
(2) Revocation and
renewal: Falconer permits may be revoked or renewals denied for failure to
maintain facilities or equipment or for violation of the provisions of this
regulation or of Chapter
17-2-14
NMSA 1978 Compilation.
H. Reports:
(1) Department report: Upon request from the
department, a permittee must report on operations conducted under the authority
of his or her permit. A report from an apprentice falconer must be co-signed by
the sponsor.
(2) Federal report: A
permittee who takes, purchases, receives or otherwise acquires, sells, barters,
transfers or otherwise disposes of a raptor shall be reported to the department
within 10 days. The notification shall be filed through the USFWS 3186-A
electronic reporting in accordance with appropriate state and federal
regulations.
