Current through all regulations passed and filed through September 16, 2024
(A)
Raptor capture.
It shall be unlawful for an Ohio
falconry permit holder to capture or attempt to capture a raptor without first
obtaining a raptor capture permit. A raptor capture permit authorizes a
falconry permit holder to capture one raptor of the species listed on the
permit. The fee for a raptor capture permit is fifteen dollars. Raptor capture
permits expire at midnight on the date listed on the permit. Hunting license
requirements under section
1533.10 of the Revised Code are
not altered by a raptor capture permit.
It shall be unlawful for a raptor
capture permit holder to:
(1)
Violate any provision or term of the raptor capture
permit;
(2)
Fail to attach a marker to a raptor within twenty-four
hours of capture, except that raptors captured with a life-threatening health
condition or injuries may be immediately transported unbanded to a
rehabilitation permit holder for treatment. Provided further, a raptor capture
permit holder may trap, evaluate, and immediately release any raptor while at
the capture site if the permit holder believes the bird is not suitable for
falconry;
(3)
Band a raptor removed from the wild with a seamless
numbered band;
(4)
Capture or attempt to capture a raptor by any means
other than a Bal-chatri type trap, a bow net type trap, a Swedish goshawk type
trap, dho gazza type trap, pigeon harness or any other device approved by the
division of wildlife. Provided further, all capture devices will be operated in
such a manner as to minimize any danger of injury to a raptor;
(5)
Set, use, or
maintain any device for the purpose of capturing a raptor, unless such device
has attached thereto a durable, waterproof tag bearing the name, address, and
permit number or the unique division of wildlife customer identification number
of the user in the English language legible at all times;
(6)
Trap, take, or
capture a raptor except from August first through March first of the following
year, except a falconry permit holder may recapture escaped raptors held under
their permit at any time;
(7)
Fail to record the date and time of capture in the
space provided on the capture permit prior to removing a raptor from the
capture site;
(8)
Fail to submit the completed capture permit along with
a completed form 3-186A, a similar form provided by the division of wildlife,
or by reporting the information through another method authorized by the
division of wildlife within five days of capture;
(9)
Remove a raptor
from the wild for another person. Provided further, when the permit holder is
present at capture site, even if the other person captures the bird, the permit
holder is considered the person who removes the bird from the
wild;
(10)
Hold an apprentice class falconry permit and capture a
raptor except under the direct supervision of their qualifying
sponsor;
(11)
Take a haggard bird (a raptor over one year old in the
wild), except for the American kestrel (Falco sparverius) or great horned owl
(Bubo virginianus);
(12)
Take or disturb for the purpose of falconry the nest of
a wild raptor or any young raptor in the wild that is not yet capable of flight
except in such situations, and under the direct supervision of a wildlife
officer, where the nest otherwise would be destroyed or the raptor would not
survive;
(13)
Fail to return the raptor capture permit and
corresponding marker within the specified time period either in person or by
certified mail if no raptor is captured before the permit's
expiration.
(B)
Raptor propagation.
It shall be unlawful to place raptors
in a breeding situation, attempt to breed raptors naturally or by artificial
insemination, sell, offer for sale, trade, or barter raptors, raptor eggs, or
raptor semen without first obtaining a raptor propagation permit from the
division of wildlife and United States fish and wildlife service. The chief of
the division of wildlife, upon receipt of an application, applicable fees, and
after an inspection of the facilities by authorized division of wildlife
personnel, may issue a permit authorizing raptor propagation in accordance with
50 C.F.R.
21.85. Commercial and non-commercial raptor
propagation permits expire at midnight on the date specified on the
permit.
(1)
Commercial raptor propagation permit.
A commercial raptor propagation permit
may be issued for a period not to exceed three years. The fee is fifty dollars
for each year the permit is issued. A commercial raptor propagation permit will
authorize the permit holder to propagate, sell, offer for sale, trade, and
barter raptors, raptor eggs, and raptor semen produced in
captivity.
(2)
Non-commercial raptor propagation permit.
A non-commercial raptor propagation
permit may be issued for a period not to exceed three years. The fee is
twenty-five dollars for each year the permit is issued. A non-commercial raptor
propagation permit will authorize the person to use or transfer, as a gift,
raptors produced in captivity. No person shall transfer or receive a raptor
unless the recipient is authorized to possess raptors.
(3)
General
provisions for raptor propagation.
It shall be unlawful to violate or fail
to follow any term or condition of a raptor capture permit, or any of the
following provisions:
(a)
Raptors held under a propagation permit will be held in
an approved facility with a total of at least one hundred twenty square feet of
floor space and a minimum height of six feet. Provided further, raptor
propagation facilities will meet or exceed federal guidelines unless otherwise
approved by the chief of the division of wildlife in writing;
(b)
Raptors used in
propagation may be obtained from any legal source. Non- releasable raptors may
be obtained from licensed rehabilitation facilities provided prior written
authorization has been obtained from the United States fish and wildlife
service and the chief of the division of wildlife;
(c)
Persons holding a
raptor propagation permit will maintain accurate diurnal records and submit an
annual report to the United States fish and wildlife service and the division
of wildlife as specified under
50 C.F.R.
21.85 along with any additional information
requested by the chief of the division of wildlife prior to January
thirty-first of each year;
(d)
Each raptor
possessed for the purpose of propagation will be banded with a marker that is a
seamless metal band;
(e)
Each permit holder will notify the division of wildlife
in writing within five days from the date the first egg of each clutch is laid
by any raptor held under the authority of a raptor propagation
permit;
(f)
All progeny produced under the authority of a raptor
propagation permit will be banded with a marker within fourteen days of
hatching;
(g)
A wild-captured raptor will not be transferred to a
propagation permit unless it has been utilized in falconry for a minimum of two
years and the transfer is documented by submitting a completed form 3-186A, a
similar form provided by the division of wildlife, or by reporting the
information through another method authorized by the division of
wildlife;
(C)
It shall be
unlawful to place a band or marker on any raptor that was captured or produced
unlawfully.
(D)
Failure to comply with any provision of this rule may
result in revocation of the falconry permit and the capture permit. All fees
from revoked permits will be forfeited to the division of wildlife. Provided
further, in addition to any other penalties, no permit will be issued to any
person who previously failed to file a report required by this rule or failed
to return the permit and marker as required by this rule.
(E)
All definitions
set forth in rule
1501:31-1-02 of the
Administrative Code apply to this rule.
Replaces: 1501:31-37-02
