Current through Bulletin 2024-18, September 15, 2024
(1)
Licensed falconers wishing to take raptors from the wild for falconry must
purchase a Raptor Capture Permit from the Division.
(2) A Raptor Capture Permit is valid for one
(1) wild raptor authorized for possession in accordance with the restrictions
and limitations of this rule.
(3) A
licensed falconer may not take more than two (2) raptors from the wild each
calendar year for falconry purposes.
(4) Raptor Capture Permits are
non-transferable and non-assignable and can only be used by the person
specified on the permit, except another person can assist the permit holder
pursuant to Section
R657-20-15.
(5) The Raptor Capture Permit and falconry
COR (or legible copies thereof) must be in the possession of the permittee
while pursuing, capturing or attempting to capture a wild raptor.
(6)
(a) On
an annual basis, the Falconry Program Coordinator shall determine the available
take of peregrine falcons and raptor species listed on the most recent edition
of the Utah Sensitive Species List.
(b) Notice of any limitations on the take of
Peregrine Falcons and sensitive raptor species shall be available by February 1
of each year and posted on the Division's website.
(c) The application period for take of
Peregrine Falcons and sensitive raptor species is the first business day in
February though the last business day in March.
(d) If the number of applications received
exceeds the available take, then the Division will conduct a drawing for each
species.
(e) Individuals who draw a
capture permit for a given species are placed on a one (1) year waiting
period.
(f) Individuals on a
waiting period may still apply in a drawing, be placed in the drawing order,
and receive a capture permit if all applicants not on a waiting period have
been given the opportunity to accept an available capture permit.
(7) Haggard age raptors may not be
taken from the wild for falconry, with the exception that General and Master
Class falconers may take a haggard American Kestrel from the wild between
August 15th and February
15th annually.
(8) Any raptor taken from the wild for
falconry is considered a ''wild'' raptor for the balance of the raptor's life,
regardless of the length of captivity or the raptor's transfer to another
permittee or permit type.
(9) A
licensed falconer who wishes to take a raptor from the wild must meet all state
and tribal requirements in this rule for capture of wild raptors for
falconry.
(10) A permittee may not
purchase, sell, trade, or barter a wild raptor.
(11) While trapping, falconers shall not
retain and transport more than one (1) captured wild raptor per capture
permit.
(12) Taking of wild raptors
is prohibited within the boundaries of all National and State Parks in
Utah.
(13)
(a) A raptor must be taken from the wild
using traps or nets that minimize the potential of physical injury and
unnecessary stress to the raptor, including, but not limited to bal-chatri,
dho-gazza, harness-type, phi trap, bow net traps, or other trapping devices
that are humane and acceptable as commonly used in falconry trapping
procedures.
(b) Trapping devices
must be constantly attended while in use.
(14) A raptor taken from the wild may be
transferred to another permittee under the following conditions:
(a) The captured raptor will count as one (1)
of the raptors allowed for take from the wild in the calendar year it was taken
by the capturing falconer; and
(b)
The transferred wild raptor will not count as a capture by the
recipient.
(15)
(a) A permittee may not intentionally capture
wild raptor species for falconry that their classification as a falconer does
not allow them to possess.
(b) If a
permittee captures a wild raptor he or she is not allowed to possess, it must
be released immediately.
(16) A General or Master Class falconer may
take no more than one (1) raptor from the wild each year which belongs to a
species listed as threatened or endangered under the federal Endangered Species
Act if allowed under 50C CFR part 17, and only if a federal endangered species
permit is obtained before taking the bird.
(17)
(a) A
General or Master Class falconer may take eyas raptors from a nest or aerie
only during the seasons specified for taking eyas raptors in Subsection
(19).
(b) At least one (1) young
must be left in any nest or aerie from which an eyas is taken.
(c) Removal of young is prohibited from a
nest or aerie that contains only one (1) eyas.
(18) An Apprentice, General or Master Class
falconer may take passage age raptors from the wild only during the seasons
specified for taking passage age raptors in Subsection (19).
(19) Periods for Allowable Take of Raptors
From the Wild.
(a) Eyas or passage age raptors
of any allowable Strigiform species may be taken from March 1 through November
30.
(b) Eyas or passage age raptors
of any allowable Accipitriform and Falconiform species, except Peregrine Falcon
and Golden Eagle, may be taken January 1 through December 31.
(c) Notwithstanding Subsection (19)(b):
(i) Passage age raptors that fledged from the
prior year may not be taken after March 1st; and
(ii) Passage age Gyrfalcons may be taken at
any time.
(d) The
Peregrine Falcon take season begins annually on May 1st and ends on August
31st.
(i) A Peregrine Falcon eyas may not be
removed from its aerie prior to 10 days of age.
(ii) Peregrine Falcon aeries may not be
entered when young are 28 days or more of age.
(e) Licensed falconers may take any raptor
from the wild if take is authorized under this rule and possession is
authorized for their class level.
(f)
(i) A
wild caught raptor, except Peregrine Falcon, that is banded with a Federal Bird
Banding Laboratory aluminum band may be taken, provided the Federal Bird
Banding Laboratory is notified of the removal of the banded raptor from the
wild. Banded Peregrine Falcons must be promptly released and reported to the
Federal Bird Banding Laboratory at
www.reportband.gov.
(ii) The Federal Bird Banding Laboratory
aluminum band may be removed if the raptor is to be retained, after notifying
the Federal Bird Banding Laboratory.
(iii) Capture of any raptor that is marked
with a seamless metal band, a transmitter, or any other item identifying it as
a falconry bird must be reported to the Division no more than 5 business days
after the capture.
(iv) Capture of
any raptor that is marked with any other band, research marking, or research
transmitter attached to it must be promptly reported to the Federal Bird
Banding Laboratory at
www.reportband.gov or
1-800-327-2263.
(20) Nonresident Take of Wild Raptors.
(a) A nonresident falconer may not take any
raptor from the wild without first obtaining a Nonresident Raptor Capture
Permit from the Division.
(b)
Nonresidents must show proof of a valid federal falconry permit or falconry
license issued by their state of residency to purchase a Nonresident Raptor
Capture Permit.
(c) Nonresident
take of raptors is subject to all other applicable regulations set forth in
this rule.
(21) Special
provisions for take of wild peregrine falcons.
(a) Only General and Master Class falconers
may take wild eyas or passage age peregrine falcons as provided in this rule.
(e) The areas open for taking eyas
and passage age peregrine falcons will be designated annually by the Division
Director or designee.
(f) A
Peregrine Falcon that is marked with a with a Federal Bird Banding Laboratory
aluminum band and/or a research band such as a colored band with alphanumeric
codes or some other research marking attached must be immediately released and
reported within five (5) business days to the Federal Bird Banding Laboratory
at
www.reportband.gov.
(22) Special provisions for take
of wild Golden Eagles.
(a) A Master Class
falconer with a COR to take Golden Eagles may possess no more than three (3)
from the wild, subject to the requirements in 50 CFR 21 and Section
R657-20-12.
(b)
(i) A
Master Class Falconer that is authorized to take Golden Eagles may take no more
than two (2) Golden Eagles from the wild in any calendar year and only in a
livestock or wildlife depredation area during the time the depredation area
declaration is in effect.
(ii) The
establishment, boundaries, and duration of a livestock or wildlife depredation
area in Utah are as determined by U.S.D.A. Wildlife Services and the U. S. Fish
and Wildlife Service in Lakewood, CO, or on request by the Governor to the
Director of the Service ( 50
CFR 22.31).
(iii) A Master Class falconer authorized to
take Golden Eagles for use in falconry may capture an immature or subadult
Golden Eagle only in a livestock or wildlife depredation area during the time
the depredation area is in effect in Utah.
(iv) A Master Class Falconer may capture a
nesting adult Golden Eagle, or take an eyas from its nest, in a livestock or
wildlife depredation area if a biologist representing the agency responsible
for declaring the depredation area has determined that the parent adult eagle
is preying on livestock or wildlife.
(v) A government employee who has trapped a
Golden Eagle under Federal, State, or tribal permit may transfer the eagle to a
Master Class falconer that is authorized to possess Golden Eagles if the eagle
cannot be released in an appropriate location.
(vi) A Master Class Falconer authorized to
take a Golden Eagle for falconry must contact USDA, Wildlife Services or the U.
S. Fish and Wildlife Service in Lakewood, CO to determine the establishment and
location of a livestock or wildlife depredation area in Utah and comply with
the provisions of
50 CFR
21.29(e)(3)(ii)(E) regarding
notification of law enforcement prior to initiating trapping
activities.
(vii) The Division does
not provide livestock or wildlife depredation area information.
(viii) The Master Class falconer must have
permission from the private landowner to capture a Golden Eagle on private
lands.
(23)
Other special provisions for obtaining raptors for falconry
(a) A permittee may receive assistance from
another individual in capturing a wild raptor, but the permittee must be
present at the capture site.
(b)
Regardless of the assistance of another person in capturing a wild raptor:
(i) The permittee is always considered to be
the individual who removes the bird from the wild; and
(ii) The permittee is legally responsible for
complying with the reporting requirements for capturing a raptor from the wild,
as provided in Subsection (1).
(c)
(i) A
permittee with a long-term or permanent physical impairment that prevents their
attendance at the capture of a raptor for use in falconry, or is otherwise
unable to be present at the immediate location where the raptor is taken from
the wild, may contact a General or Master Class falconer only to capture a
raptor on their behalf.
(ii) The
impaired permittee is legally responsible for complying with the reporting
requirements for capturing a raptor from the wild, as provided in Subsection
(1).
(iii) The raptor will count
against the take of wild raptors that the impaired permittee is allowed in any
year.
(iv) The raptor will not
count as one (1) of the two (2) raptors the General or Master Class falconer
who offers assistance is allowed to capture in any year.
(v) The raptor will not count as being taken
from the wild by the permittee acting on behalf of the impaired
permittee.
(d)
Individuals authorized to do so may sell, purchase, or barter, or offer to
sell, purchase, or barter captive-bred raptors marked with seamless bands to
other permittees who are legally authorized to possess the raptor.
(e) A permittee may transfer a wild-caught
raptor to another permittee who is legally authorized to possess the raptor,
provided there is no pecuniary consideration for the transfer.
(f) The number of wild caught or captive-bred
raptors transferred to a permittee may not exceed the established possession
limit for each permit class.
(g)
(i) A licensed falconer may acquire directly
from a rehabilitator a raptor of any age or species that the falconer is
permitted to possess.
(ii) A wild
raptor acquired for falconry from a rehabilitator will count as one (1) of the
raptors the falconer is allowed to take from the wild that calendar
year.
