Current through September 21, 2024
Any person with a valid falconry permit desiring to take
raptors from the wild shall make written application for a general or limited
quota raptor capture license from the Department in accordance with the
following provisions:
(a) A permittee
shall not receive more than two (2) general raptor capture licenses or one (1)
general raptor capture license and one (1) limited quota raptor capture license
in any calendar year. No person shall receive more than one (1) limited quota
raptor capture license in any calendar year.
(b) For a general raptor capture license, an
applicant shall submit a separate application and fee for each license applied
for. The general raptor license capture area shall be the entire State of
Wyoming. In accordance with the conditions contained in this Chapter, any
species of raptor, except peregrine falcons (Falco
peregrinus), may be taken from the wild under the authority of a
general raptor capture license. Golden eagles shall only be taken in accordance
with subsection (k)(iii) of this section.
(c) For a limited quota raptor capture
license, a completed application and proper fee shall be submitted for limited
quota raptor capture licenses for peregrine falcons (Falco
peregrinus) to Headquarters not later than March 1 during the calendar
year in which the licensee intends to take a peregrine falcon. If the deadline
date occurs on a day when Headquarters has been closed to mail delivery or for
license sales (weekends, holidays, etc.), applications received on the next
business day by 5:00 pm mountain standard time shall be accepted as meeting the
application deadline. The Department may issue a maximum of five (5) limited
quota raptor capture licenses to capture peregrine falcons annually by drawing.
In the drawing, four (4) licenses shall be reserved for residents and one (1)
license shall be reserved for a nonresident. To establish the number of
leftover licenses, the Department may continue to alternately draw from the
list of unsuccessful applicants of each the resident and nonresident drawing
against the established quota, until there are no unissued licenses for which
there are applications. In the event there are more limited quota licenses
available than applications received, the licenses shall be issued on a first
come, first served basis beginning March 15 at 8:00am. The capture area shall
be the entire state of Wyoming, except the lands within the Middle Fork of the
Popo Agie River, Baldwin Creek or Sawmill Creek drainages in Fremont County are
closed.
(d) Any wild raptor
captured in the field shall be counted as one of the raptors the permittee is
allowed to take from the wild that calendar year, unless the raptor is
immediately released at the capture site.
(e) A permittee may not intentionally capture
a raptor species that their classification as a falconer does not allow them to
possess for falconry. If a permittee captures a raptor they are not allowed to
possess, it shall be released immediately.
(f) A Master Falconer authorized by the
Department shall take no more than two (2) golden eagles in any year from the
wild and only in a livestock or wildlife depredation area during the time the
depredation area is in effect. A livestock depredation area is declared by
U.S.D.A. Wildlife Services and permitted under
50
CFR 22.23, revised as of October 1, 2018, and
which does not include any later amendments or editions of the incorporated
matter; or upon the request of the governor and authorized by the Service
Director pursuant to
50
CFR 22.31, revised as of October 1, 2018, and
which does not include any later amendments or editions of the incorporated
matter, and
50
CFR 22.32, revised as of October 1, 2018, and
which does not include any later amendments or editions of the incorporated
matter. A copy of 50 CFR Part 22.23, 50 CFR Part 22.31 and 50 CFR Part 22.32
can be viewed at any Department Regional Office or the Headquarters Office.
(i) The allocation of golden
eagles to be taken from a designated depredation area shall be in accordance
with the National Flyway Council Golden Eagle Allocation Procedure, revised as
of March 2019, and which does not include any later amendments or editions of
the incorporated matter. A copy of the National Flyway Council Golden Eagle
Allocation Procedure can be viewed at any Department Regional Office or the
Headquarters Office.
(g) All traps
used for capturing raptors for falconry purposes shall be legibly marked or
tagged with the permittee's name and address or current raptor capture license
number. All raptor capture devices and setups shall be checked at least once
per day while in use, except that all devices and setups used for capturing
golden eagles shall be checked every thirty (30) minutes while in
use.
(h) A permittee may take no
more than two (2) raptors from the wild in any calendar year to use in
falconry.
(i) If a permittee
transfers a raptor taken from the wild to another permittee in the same year in
which he captured it, the raptor shall count as one of the raptors the
permittee is allowed to take from the wild that year; it will not count as a
capture by the recipient.
(i)
General or Master Falconers may remove eyas raptors from a nest or
aerie.
(j) At the first opportunity
to do so, but no later than ten (10) days after the capture of a wild raptor,
the permittee shall report the capture by entering the required information,
including band number or microchip information, in the U.S. Fish and Wildlife
Service ePermit System or by submitting Service Form 3-186A to the Department.
The permittee shall include the legal description to include 1/4 Sec.; Sec.;
Twn.; Rng. or UTM coordinates using map datum NAD 83; of the nest site or
location of capture.
(k) Other
restrictions on taking raptors from the wild for falconry.
(i) An Apprentice Falconer may take any
raptor less than one (1) year old from the wild at any time of the year, except
eyas raptors and the following: any species listed as a national Species of
Conservation Concern in the most recent list of "Birds of Conservation Concern"
from the Service, a bald eagle, a white-tailed eagle, a Steller's sea-eagle, a
golden eagle, or a federally listed threatened or endangered species. However,
American kestrels and great horned owls may be taken from the wild that are
over one (1) year of age.
(ii)
General or Master Falconers may only take raptors less than one (1) year of age
from the wild, at any time of the year, except American kestrels and great
horned owls of any age may be taken from the wild.
(iii) Master Falconers authorized to possess
golden eagles for use in falconry may capture an immature or subadult golden
eagle in a livestock depredation area during the time the depredation area and
associated depredation permit or depredation control order are in effect.
(A) A permittee may take an eyas golden eagle
from its nest in a livestock depredation area if a biologist representing the
agency responsible for declaring the depredation area has determined that the
adult golden eagle is preying on livestock.
(B) A permittee may take a nesting adult
golden eagle only if a biologist representing the agency responsible for
declaring the depredation area has determined that the adult golden eagle is
preying on livestock and that any eyas of the adult will be taken by a falconer
authorized to possess it or by the biologist and transferred to an individual
authorized to possess it.
(C) A
permittee shall determine the locations of the livestock depredation areas
declared by U.S.D.A. Wildlife Services, or published in the Federal Register by
the Service in response to the governor's request.
(D) Before a permittee begins any eagle
trapping activities, he shall inform the Regional U.S. Fish and Wildlife
Service Law Enforcement office responsible for the area of the permittee's
capture plans. The permittee shall notify the office in person, in writing, or
via facsimile or email at least three (3) business days before the permittee
begins trapping.
(E) A government
employee who has trapped a golden eagle under federal, state, or tribal permit
authority may transfer the bird to a permittee authorized to possess golden
eagles for use in falconry.
(F) All
devices and setups used for capturing golden eagles shall be checked every
thirty (30) minutes while in use.
(iv) The permittee may recapture a lost
raptor at any time. Recapture of a wild raptor is not considered to be taking a
raptor from the wild.
(v) The
permittee may capture a lost raptor wearing falconry equipment or a
captive-bred raptor at any time, even if he is not allowed to possess the
species. The raptor will not count against his possession limit, nor will the
take from the wild count against his limit. The permittee must report the
recapture of the raptor to the Department no more than five (5) working days
after the capture. The raptor must be returned to the person who lost it, if
that person may legally possess it. Disposition of a raptor whose legal
ownership cannot be determined will be at the discretion of the
Department.
(vi) A permittee may
take any raptor that he is authorized to possess from the wild, even if the
raptor is banded with a federal Bird Banding Laboratory aluminum band, except
that banded peregrine falcons shall not be taken from the wild.
(A) If a captured raptor, including a
peregrine falcon, is marked with a seamless metal band, a transmitter, or any
other item identifying it as a falconry raptor, the raptor shall be reported to
the Department no more than five (5) business days after the capture. A
recaptured falconry raptor shall be returned to the permittee who lost it. If
the permittee does not desire to possess the raptor, the permittee capturing
the raptor may keep the raptor. Otherwise, disposition of a raptor whose legal
ownership cannot be determined shall be at the discretion of the Department.
While a permittee keeps a raptor for return to the person who lost the raptor,
the raptor shall not count against his possession limit or his limit on take of
raptors from the wild if he reported possessing the raptor to the
Department.
(B) If a permittee
captures a peregrine falcon that has a research band, such as a colored band
with alphanumeric codes, or a research marking attached to the peregrine
falcon, the peregrine falcon shall be immediately released, except that if the
peregrine falcon has a transmitter attached to it, the permittee is authorized
to possess the peregrine falcon up to thirty (30) days if he wishes to contact
the researcher to determine if the researcher wishes to replace the transmitter
or its batteries. If the researcher wishes to do so, or to have the transmitter
removed, the researcher or his designee can make the change or allow the
permittee to do so before releasing it. If the researcher does not wish to keep
the transmitter on the falcon, the permittee may keep the falcon if he captured
the falcon in circumstances in which capture of wild peregrines is
allowed.
(C) If a captured raptor
has any other band, research marking, or transmitter attached to it, the
permittee shall promptly report the band numbers and all other relevant
information to the federal Bird Banding Laboratory at1-800-327 -2263. The
permittee shall contact the researcher and determine if he wishes to replace a
transmitter attached to the raptor. If so, the permittee is authorized to
possess the raptor up to thirty (30) days until the researcher, his designee,
or the permittee can replace the transmitter. Disposition of the raptor will be
at the discretion of the researcher and the Department. If the permittee
possesses such a raptor temporarily, it will not count against his possession
limit for falconry raptors.
(vii) At least one (1) young raptor shall be
left in any nest or aerie from which a permittee takes an eyas
raptor.
(viii) General or Master
Falconers may take no more than one (1) raptor of a threatened species from the
wild each year if the regulations in
50 CFR
21.29, revised as of October 1, 2018, and
which does not include any later amendments or editions of the incorporated
matter; allows it and if the falconer obtains a federal endangered species
permit to do so before taking the raptor. A copy of 50 CFR Part 21.29 can be
viewed at any Department Regional Office or the Headquarters Office.
(l) A permittee shall not take a
raptor recently removed from the federal List of Endangered and Threatened
Wildlife to use in falconry unless a management plan allowing for take of that
species has been published. If take is allowed in the management plan, a
permittee may do so in accordance with the provisions for take in the
plan.
(m) Raptors injured due to
falconer trapping efforts. Permittees have two (2) options for dealing with a
raptor injured by their trapping efforts. In either case, the permittee is
responsible for the costs of care and rehabilitation of the raptor.
(i) A permittee may put the raptor on his
falconry permit. He shall report the take by entering the required information
in the U.S. Fish and Wildlife Service ePermit System or by submitting Service
Form 3-186A to the Department at the first opportunity to do so, but no more
than ten (10) days after capture of the raptor. The permittee shall then have
it treated by a veterinarian or a permitted wildlife rehabilitator. The raptor
shall count against the permittee's possession limit.
(ii) A permittee may give the raptor directly
to a veterinarian or a permitted Wyoming wildlife rehabilitator and report it
to the Department within ten (10) business days. If reported properly, the
raptor shall not count against capture or possession limits.
(n) If a permittee is present at a
capture site, another permittee may capture the raptor for him and immediately
give possession of the raptor to him The permittee taking possession of the
raptor shall be required to file Service Form 3-186A and shall have the raptor
count against their own possession limit.
