Current through Bulletin 2024-18, September 15, 2024
(1)
Transfer of wild raptors captured for falconry to other permitted uses.
(a) A wild-caught falconry raptor may be
transferred to a person authorized to possess raptors for propagation purposes
only after the raptor has been used in falconry for at least:
(i) 12 months from the date of capture for a
Sharp-shinned Hawk, Cooper's Hawk, Merlin, or American Kestrel; and
(ii) 24 months from the date of capture for
all other falconry raptors.
(b) The time periods imposed in Subsection
(1)(a) for transferring a wild-caught falconry raptor to a person authorized to
possess raptors for propagation purposes may be waived by the Division Director
or designee if the raptor has been injured and a veterinarian or permitted
wildlife rehabilitator has determined that the raptor can no longer be flown
for falconry.
(c) To permanently
transfer an injured raptor to a propagation permit, the falconer must provide
the Division and the Federal Migratory Bird Permits Office that administers
propagation permits a certification from the treating veterinarian or
rehabilitator stating that the raptor is injured and cannot be used in
falconry.
(d) Upon transfer of a
wild raptor to a propagation permit, the falconer must provide a copy of the
3-186A form documenting acquisition of the raptor by the propagator to the
Division and the Federal Migratory Bird Permits Office that administers
propagation permits.
(2)
Transfer of captive-bred falconry raptors to other permitted uses.
(a) Captive-bred falconry raptors may be
transferred to another person if the recipient is authorized for
possession.
(3) Use of
raptors possessed for falconry in captive propagation.
(a) Raptors possessed for falconry may be
bred in captivity if the falconer or the person overseeing the propagation has
the necessary permits and facilities.
(b) Formal transfer of a raptor from a
falconry permit to a captive propagation permit is required if the raptor is to
be permanently used for propagation.
(c) Formal transfer of a raptor from a
falconry permit to a captive propagation permit is not required if the raptor
is used for propagation less than eight months in a year.
(d) The licensed propagator must have a
signed and dated statement from the falconer authorizing the temporary
possession, plus a copy of the falconer's original FWS Form 3-186A for that
raptor.
(4) Use of
falconry raptors in conservation education programs.
(a) A General or Master Class falconer may
use a falconry raptor in conservation education programs presented in public
venues.
(b) A Federal education
permit is not required to conduct conservation education activities using a
falconry raptor held under a Utah falconry COR.
(c) To permanently transfer an injured raptor
to an education permit, the falconer must provide the Division and the Federal
migratory bird permits office that administers education permits a
certification from the treating veterinarian or rehabilitator stating that the
raptor is injured and cannot be used in falconry.
(d) Conservation programs may be presented by
an Apprentice Falconer who is accompanied by their General or Master Class
sponsor.
(e) Raptors used to
present conservation programs must primarily be used for falconry.
(f) A falconer may charge a fee for
presentation of a conservation education program, however the fee charged may
not exceed the amount required to recoup costs of presenting the conservation
education program.
(g) When
presenting conservation education programs, the falconer must provide
information about the biology, ecological roles, and conservation needs of
raptors and other migratory birds, although not all the topics must be
addressed in every presentation.
(h)
(i) A
falconer may not give presentations using a falconry raptor that do not address
falconry and conservation education.
(ii) The falconer is responsible for all
liability associated with conservation education activities
undertaken.
(5)
Other educational uses of falconry raptors.
(a) A falconer may allow photography,
filming, or other similar uses of falconry raptors to make movies or other
sources of information on the practice of falconry or on the biology,
ecological roles, and conservation needs of raptors and other migratory
birds.
(b) A falconer may not be
paid or otherwise compensated for such activities.
(c) A falconer may not use falconry raptors
or permit the use of falconry raptors to make movies, commercials, or in other
commercial ventures that are not related to the practice of falconry or the
biology, ecological roles, and conservation needs of raptors and other
migratory birds.
(c) Falconry
raptors may not be used for:
(i) Commercial
entertainment for advertisements;
(ii) Promoting or endorsing any business,
company, corporation, or other organization; or
(iii) Promoting or endorsing any product,
merchandise, good, service, meeting, or fair, except for products related
directly to falconry, such as hoods, telemetry equipment, giant hoods, perches,
and materials for raptor facilities.
(6) Assisting in rehabilitation of raptors in
preparation for release.
(a) A General or
Master Class Falconer may assist a permitted migratory bird rehabilitator in
conditioning raptors in preparation for their release to the wild.
(i) The falconer may keep the raptor being
rehabilitated in their facilities up to 180 calendar days.
(ii) The rehabilitator must provide the
falconer with a letter or form that identifies the raptor and explains that the
falconer is assisting in the rehabilitation of the raptor to be
released.
(iii) Facilities where
the raptor will be temporarily housed must adhere to standards outlined in
Section R657-20-6 of this
rule.
(iv) The falconer is not
required to add any raptor possessed for rehabilitation to their COR; the
raptor will remain under the permit of the rehabilitator.
(v) The falconer must permanently release any
raptor capable of sustaining itself in the wild or return it to the
rehabilitator within the 180-day timeframe in which the rehabilitator may
possess the raptor, unless the Division authorizes the falconer to keep the
bird for longer than 180 calendar days.
(7) Using falconry raptors in abatement
activities.
(a) Abatement activities may only
be conducted with captive bred raptors.
(b) A Master Class falconer may conduct
abatement activities with raptors possessed for falconry and receive
compensation for such activities, if the falconer is in possession of a Special
Purpose Abatement Permit issued by the Service.
(c) A General Class falconer may conduct
abatement activities only as a subpermittee of a Master Class falconer that
possesses an abatement permit.
(d)
An Apprentice Class falconer may not conduct abatement activities.
(8) A person who possesses a
raptor for any purpose other than falconry, including raptor propagation,
educational uses, and rehabilitation, shall obtain the appropriate
authorization from the Division as provided in Rule R657-3 and the appropriate
authorization from the Service.